ROL_2021-12-10_16k_Hr1-2.timecode

[00:00.000 --> 00:06.660]  The following news flashes brought to you by the Lone Star Lowdown.
[00:06.660 --> 00:13.040]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce,
[00:13.040 --> 00:21.280]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.280 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $220.00
[00:29.960 --> 00:41.280]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.280 --> 00:52.200]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.200 --> 00:57.960]  on Market Street in San Francisco during the World War I preparedness day parade, killing 10
[00:57.960 --> 01:04.640]  and entering 40 today in history.
[01:04.640 --> 01:09.320]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing Hemp into
[01:09.320 --> 01:14.080]  taxes law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.080 --> 01:18.720]  San Antonio, have been dropping marijuana possession charges and even refusing to file new ones
[01:18.720 --> 01:22.680]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.680 --> 01:24.680]  test the year for THC.
[01:24.680 --> 01:28.320]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.320 --> 01:32.920]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:32.920 --> 01:33.920]  law.
[01:33.920 --> 01:37.480]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.480 --> 01:41.960]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.960 --> 01:48.120]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.120 --> 01:51.080]  well as other cities too, like the District Attorney.
[01:51.080 --> 01:57.160]  In El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law quote
[01:57.160 --> 02:01.720]  will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.640]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.640 --> 02:10.640]  in Harris County, who stated that quote, the law is constantly changing on what makes
[02:10.640 --> 02:13.360]  something illegal based on its chemical makeup.
[02:13.360 --> 02:17.240]  It's important that if someone is charged with something, the test matches what they're
[02:17.240 --> 02:22.480]  charged with.
[02:22.480 --> 02:27.320]  A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.320 --> 02:32.240]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.240 --> 02:37.880]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.880 --> 02:39.380]  Pacific Ocean.
[02:39.380 --> 02:43.680]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.680 --> 02:49.960]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:49.960 --> 03:17.840]  glow.
[03:17.840 --> 03:26.840]  Tell me, what you wanna do, what you gonna do, yeah
[03:26.840 --> 03:31.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:31.840 --> 03:37.840]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:37.840 --> 03:42.840]  When you were eight and you had bad dreams, you go to school and earn the gold and lose
[03:42.840 --> 03:48.840]  So why all these action like a bloody boo if you get **** then you rock this crew
[03:48.840 --> 03:51.840]  Bad boys, bad boys, what you gonna do?
[03:51.840 --> 03:56.840]  What you gonna do when they come for you Bad boys, bad boys, what you gonna do?
[03:56.840 --> 03:58.960]  What you gonna do when they come for you
[03:58.960 --> 04:01.840]  You're choking on that one, you're choking on this one
[04:01.840 --> 04:04.840]  You're choking on your mother, and you're choking on your father
[04:04.840 --> 04:07.840]  You're choking on your father, and you're choking on your sister
[04:07.840 --> 04:11.840]  You're choking on this one, and you're choking on me Bad boys, bad boys
[04:11.840 --> 04:21.040]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, rule of law radio.
[04:21.040 --> 04:24.840]  On this Friday, the, uh, or is it Tuesday, Brett?
[04:24.840 --> 04:28.840]  Uh, I tried to get this going for it.
[04:28.840 --> 04:33.840]  Friday, the 10th day of December, 2021.
[04:33.840 --> 04:39.840]  Okay, I'll start out with, I'm going to go ahead and turn the phone lines on.
[04:39.840 --> 04:46.840]  If you have a question or comment, give us a call, 512-646-1984.
[04:46.840 --> 04:49.840]  We'll be taking your calls all night.
[04:49.840 --> 05:01.840]  And I'll start out with a little bit about, uh, a telephone call I made today to, uh, Victoria County, Texas.
[05:01.840 --> 05:03.840]  The police department down there.
[05:03.840 --> 05:06.840]  I'm helping someone who had an airplane stolen from him.
[05:06.840 --> 05:13.840]  He was prosecuted in Victoria for, uh, practicing medicine without a license.
[05:13.840 --> 05:34.840]  It was all bogus and it appeared to be a scam to try to, uh, liquidate his property under a forfeiture, a asset forfeiture scam.
[05:34.840 --> 05:37.840]  They arrested him.
[05:37.840 --> 05:45.840]  They seized his airplane and $90,000 worth of assets.
[05:45.840 --> 05:54.840]  And they took those assets and divided them up amongst every district judge in Victoria County.
[05:54.840 --> 06:06.840]  So he was addressing cases under each judge in the county and why do you think they would do that for it?
[06:06.840 --> 06:08.840]  Well, I'm sure they didn't know it was a crime.
[06:08.840 --> 06:10.840]  They wouldn't have done any of that, right?
[06:10.840 --> 06:26.840]  Yeah, under asset forfeiture, if they can liquidate your property, the money they get for the sale of the property goes into their own budget.
[06:26.840 --> 06:31.840]  So try to pad everybody's budget with it.
[06:31.840 --> 06:35.840]  But the Court of Criminal Appeals threw out everything.
[06:35.840 --> 06:45.840]  But while the guy was in jail after they legally convicted him, he got COVID twice and Darnier killed him, had two strokes from him.
[06:45.840 --> 06:47.840]  And Darnier killed him.
[06:47.840 --> 06:54.840]  And when the Court of Criminal Appeals threw everything out, they released his airplane back to him.
[06:54.840 --> 07:00.840]  But when they seized it, they seized it on the Victoria airport because he had just landed.
[07:00.840 --> 07:05.840]  And when they released, they left it there. They never put it anywhere.
[07:05.840 --> 07:08.840]  They just left it sitting on the airport.
[07:08.840 --> 07:12.840]  And this is like five years.
[07:12.840 --> 07:15.840]  And then they released it back to him.
[07:15.840 --> 07:18.840]  But at the time, he was so ill, he was near death.
[07:18.840 --> 07:20.840]  He couldn't do anything about it.
[07:20.840 --> 07:27.840]  Before he could recover the airplane, someone stole it.
[07:27.840 --> 07:30.840]  So we were looking for the airplane.
[07:30.840 --> 07:41.840]  A couple of weeks ago, I went down in Corpus Christi and found the airplane in a hangar in Corpus Christi area.
[07:41.840 --> 07:45.840]  But the tail numbers had been changed.
[07:45.840 --> 07:47.840]  And anyway, we found all this.
[07:47.840 --> 07:56.840]  It became clear that these guys, or at least we had reason to believe they were running drugs out of Mexico with this airplane.
[07:56.840 --> 08:02.840]  We found two airplanes, another one that also had the tail number changed.
[08:02.840 --> 08:04.840]  That's not suspicious at all, right?
[08:04.840 --> 08:06.840]  Oh, yeah.
[08:06.840 --> 08:09.840]  It wasn't just that the tail number was changed.
[08:09.840 --> 08:15.840]  This was a Blanca aircraft, which is a relatively rare airplane.
[08:15.840 --> 08:19.840]  Blanca's been out of business for over 20 years.
[08:19.840 --> 08:25.840]  And the tail number was changed from 8876 to 8867.
[08:25.840 --> 08:30.840]  What it looked like, they just juxtaposed the numbers.
[08:30.840 --> 08:45.840]  Turns out that's probably not what happened because we checked the number and the number 8867 was registered to a decommissioned airplane.
[08:45.840 --> 08:53.840]  It was a Blanca, same model number except one year earlier.
[08:53.840 --> 08:57.840]  Or one model number earlier.
[08:57.840 --> 09:04.840]  And it had crashed in North Carolina and killed all four people on board.
[09:04.840 --> 09:21.840]  So they picked a number that matched a Blanca that they knew if they found a flight plan with this Blanca that the FAA's flight computers would not risk catching someone else
[09:21.840 --> 09:27.840]  filing a flight plan on that same number at essentially the same, over the same time period.
[09:27.840 --> 09:30.840]  Because that would throw a big time red flag.
[09:30.840 --> 09:36.840]  So they picked an aircraft that they knew would not be flying.
[09:36.840 --> 09:38.840]  This was not by mistake.
[09:38.840 --> 09:43.840]  Does that mean they had knowledge of the other one and maybe they were running drugs with the first one too?
[09:43.840 --> 09:45.840]  We'll know the first one.
[09:45.840 --> 09:48.840]  They just run a check on numbers.
[09:48.840 --> 09:52.840]  They probably run a check looking for Blancas.
[09:52.840 --> 10:00.840]  And they found this Blanca whose number was closed and they tried to figure out where it was at and found that it had been wrecked.
[10:00.840 --> 10:02.840]  So it was a perfect number.
[10:02.840 --> 10:11.840]  The airplane they used to steal this one with, they flew in, had to change the fuel in the airplane to get it running and then flew it out.
[10:11.840 --> 10:15.840]  God got him on videotape.
[10:15.840 --> 10:25.840]  That aircraft had a number, it was a Piper Tomahawk, had a number registered to a Grumman aircraft.
[10:25.840 --> 10:30.840]  So they had, they were getting bogus tail numbers.
[10:30.840 --> 10:38.840]  So when we saw that, I told Dr. Joe, most likely these guys are running drugs with these airplanes.
[10:38.840 --> 10:45.840]  We need to make like a sheep herder and get the flock out of here.
[10:45.840 --> 10:58.840]  We headed back into Victoria and stopped at Victoria and I filed criminal charges against these guys with the Justice of the Peace in Victoria.
[10:58.840 --> 11:04.840]  And he refused to take complaints.
[11:04.840 --> 11:15.840]  So I called 911 and got a Victoria police officer down there and filed a voluntary statement with the police officer.
[11:15.840 --> 11:21.840]  And today I called Victoria, Texas to see what had happened with that complaint.
[11:21.840 --> 11:25.840]  And they referred me to investigation.
[11:25.840 --> 11:29.840]  I got a Sergeant Dan Torres.
[11:29.840 --> 11:33.840]  I got myself a professional.
[11:33.840 --> 11:36.840]  I was really pleased with this guy.
[11:36.840 --> 11:40.840]  He handled me very well.
[11:40.840 --> 11:49.840]  And I said on the show before, I'd like to be handled very well because I stepped right square in the middle of him.
[11:49.840 --> 11:51.840]  And he never once lost his cool.
[11:51.840 --> 11:57.840]  I asked him, what did you do with my voluntary statement?
[11:57.840 --> 12:04.840]  Well, we looked at it and decided that there was no crime had been committed.
[12:04.840 --> 12:08.840]  Who made that determination?
[12:08.840 --> 12:11.840]  And who had the authority to do that?
[12:11.840 --> 12:22.840]  He said, well, I imagine they can determine if there's sufficient evidence to issue a warrant.
[12:22.840 --> 12:24.840]  Where did you get that?
[12:24.840 --> 12:26.840]  Who told you that?
[12:26.840 --> 12:29.840]  And I referred him to 15.09.
[12:29.840 --> 12:35.840]  And he obviously read it because that's when he took a step backwards.
[12:35.840 --> 12:38.840]  What do you mean, obviously read it, right then, in front of you?
[12:38.840 --> 12:39.840]  Yes.
[12:39.840 --> 12:51.840]  No, we were on the phone, but from the way he spoke, he said, well, we have rules, regulations, and policies.
[12:51.840 --> 12:56.840]  I said, well, you know, I'm a citizen in a republic.
[12:56.840 --> 13:00.840]  And as such, I am the master of my public servants.
[13:00.840 --> 13:01.840]  He said, you're the master?
[13:01.840 --> 13:03.840]  Yes, I am.
[13:03.840 --> 13:06.840]  That all my public servants answered to me.
[13:06.840 --> 13:14.840]  And as far as I'm concerned, you can use your rules, regulations, and policies as toilet paper.
[13:14.840 --> 13:25.840]  I have code, and I'll expect you to follow that code to the letter, and 15.09 tells the magistrate that he shall issue a warrant.
[13:25.840 --> 13:32.840]  There is no discretion there, but this magistrate failed to do that.
[13:32.840 --> 13:42.840]  I don't have the conversation memorized, but there was some back and forth, and he tried to give me codes and policies.
[13:42.840 --> 13:46.840]  And every time he did, I threw a statute at him.
[13:46.840 --> 13:52.840]  And I finally told him that, well, he said, well, this is just a voluntary statement.
[13:52.840 --> 14:01.840]  Yes, but it gives you notice that a crime has been committed under 2.131 when I first called.
[14:01.840 --> 14:09.840]  I asked him about this, and I said, what magistrate did you give my complaint to?
[14:09.840 --> 14:14.840]  And that's when the first one I called said, I don't know that.
[14:14.840 --> 14:18.840]  I'm just one answering phone, so get me the one who does.
[14:18.840 --> 14:22.840]  And she sent me to investigations, and I asked him that.
[14:22.840 --> 14:25.840]  What magistrate did you send it to?
[14:25.840 --> 14:27.840]  And he didn't expect that coming.
[14:27.840 --> 14:36.840]  I think that started him off more careful because he got a question he didn't expect to hear.
[14:36.840 --> 14:41.840]  But the upshot was, as I told him, I said, I will send you some.
[14:41.840 --> 14:45.840]  He said this was just a voluntary statement.
[14:45.840 --> 14:48.840]  I said, yes, it was, but it gave you notice that a crime has been committed.
[14:48.840 --> 14:55.840]  And under 2.13, Texas Code of Criminal Procedure, you're commanded to give notice to some magistrate.
[14:55.840 --> 15:02.840]  I want to know who that magistrate was.
[15:02.840 --> 15:06.840]  I didn't ever hear of anybody telling him where to find it in the code.
[15:06.840 --> 15:09.840]  No, I'm sure he didn't.
[15:09.840 --> 15:15.840]  Then I told him, well, I will send you some verified criminal affidavits.
[15:15.840 --> 15:17.840]  He said, me?
[15:17.840 --> 15:18.840]  Well, yeah.
[15:18.840 --> 15:21.840]  You're a certified peace officer.
[15:21.840 --> 15:25.840]  She said, well, yeah, I am, but I'm just doing investigations here.
[15:25.840 --> 15:28.840]  I said, well, I'll give you something else to do.
[15:28.840 --> 15:33.840]  And then I wound up telling him, I will send these to your chief instead.
[15:33.840 --> 15:39.840]  The reason I did that is this guy was so professional.
[15:39.840 --> 15:41.840]  You know, I'm really stomping him.
[15:41.840 --> 15:44.840]  I'm kind of picking him around a little bit.
[15:44.840 --> 15:47.840]  And the guy never once lost his cool.
[15:47.840 --> 15:55.840]  He never once even got a sound of anger or frustration in his voice.
[15:55.840 --> 15:58.840]  You know, you got to appreciate that about somebody.
[15:58.840 --> 16:05.840]  Yeah, if I was touching him, he didn't let me know it other than the kinds of questions he asked.
[16:05.840 --> 16:09.840]  But he really handled himself like a pro.
[16:09.840 --> 16:14.840]  And that's why I didn't want to file it with him.
[16:14.840 --> 16:22.840]  So I told him that I'm going to, I will take you off this dime and I'll send my complaint to the chief of police.
[16:22.840 --> 16:29.840]  And the reason I did that is I felt like I had an advocate there.
[16:29.840 --> 16:33.840]  He's going to tell the chief of police, we got to do this right.
[16:33.840 --> 16:37.840]  And I did tell him, said, look, I'm not after this JP.
[16:37.840 --> 16:41.840]  I'm after these drug runners.
[16:41.840 --> 16:49.840]  And so I gave him a potential case that he might be able to make his name with.
[16:49.840 --> 16:52.840]  The drug running ring and aircraft theft ring.
[16:52.840 --> 16:54.840]  So I figured we got an advocate.
[16:54.840 --> 16:55.840]  Hang on.
[16:55.840 --> 16:58.840]  I'll finish this on the other side and we'll go to our calls.
[16:58.840 --> 16:59.840]  This was.
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[20:13.840 --> 20:23.840]  I told this guy that I wasn't after the JP that the JP should have taken my complaints but he didn't.
[20:23.840 --> 20:35.840]  So I'll send you guys the complaints and then I will send all the complaints to the district attorney along with the complaints against the JP.
[20:35.840 --> 20:45.840]  And I'll tell the JP if you get me an indictment on these guys I'll leave your justice of the peace alone.
[20:45.840 --> 20:47.840]  And he got that.
[20:47.840 --> 20:49.840]  I said I'm not after your justice.
[20:49.840 --> 20:51.840]  This will get his attention.
[20:51.840 --> 20:54.840]  Maybe he was pretty arrogant with me that day.
[20:54.840 --> 20:59.840]  So I thought I'd tear a little his arrogance off.
[20:59.840 --> 21:14.840]  And then I'll send him to your chief and I hope that he got it that I was giving them an opportunity to potentially bust an aircraft theft ring and drug running ring.
[21:14.840 --> 21:30.840]  So he may well be an advocate to get what we want done if they indict these guys then they secure the aircraft and then we can get the aircraft back from them.
[21:30.840 --> 21:34.840]  That's our purpose here is to get the airplane back.
[21:34.840 --> 21:37.840]  We've got other purposes but we'll get to those later.
[21:37.840 --> 21:45.840]  I think Brett you had a some information about Miss Patty's case.
[21:45.840 --> 21:56.840]  Oh yeah I did think it was pretty interesting that Miss Patty has been facing this wrongful foreclosure.
[21:56.840 --> 22:11.840]  The first judge ran away from the case after he ruled on it twice and he was only allowed to rule on it once that particular rule says it's an expedited foreclosure and they can't challenge the ruling.
[22:11.840 --> 22:22.840]  If they want to challenge it they can't do the normal reconsideration and all that they they have to start over and bring some better documents with them next time.
[22:22.840 --> 22:30.840]  Well they didn't they decided they wanted to challenge it and so this first district judge ended up with some criminal complaints against him.
[22:30.840 --> 22:33.840]  I think there were three criminal complaints maybe only two.
[22:33.840 --> 22:41.840]  Oh yeah I think the third one was just about to go out and then we found out that the day before he had just bailed.
[22:41.840 --> 22:44.840]  He took early retirement and he was out of there.
[22:44.840 --> 22:48.840]  He was elected for a four year term but he didn't even make it to one.
[22:48.840 --> 23:00.840]  He just left and so then the second judge who came in by assignment he obviously I mean they called him in like the ax man you know he's Bob's.
[23:00.840 --> 23:05.840]  He walked in there he already had his mind made up you could tell he just ruled against her and he was out.
[23:05.840 --> 23:13.840]  It didn't matter what was on the table all the challenge to jurisdiction threshold issues improper venue doesn't matter.
[23:13.840 --> 23:18.840]  No standing the attorney has rule 12 has to show authority.
[23:18.840 --> 23:31.840]  No standing it doesn't matter just went ahead and ruled against Miss Patty and so then we filed the exact same challenge that the attorneys had filed.
[23:31.840 --> 23:38.840]  Motion to vacate and you know they can't complain that hey you can't do that on this rule.
[23:38.840 --> 23:41.840]  What do you mean that's what you just did.
[23:41.840 --> 24:00.840]  So they didn't complain about it but that was just a flurry of not the initial flurry of motions like you think of but flurry of post judgment motions and one was a motion for judicial disqualification.
[24:00.840 --> 24:12.840]  Yeah that judge decided he was going to recuse himself so you know he has to send a request to the regional admin judge and ask for somebody else to fill in for him.
[24:12.840 --> 24:26.840]  Can you get somebody to assign to this motion to vacate and guess who is at the regional admin judge position.
[24:26.840 --> 24:35.840]  It just happens to be another judge that Miss Patty has already previously filed criminal complaints against.
[24:35.840 --> 24:44.840]  So then the regional admin judge is about to have to recuse himself.
[24:44.840 --> 24:47.840]  I think it's about to become interesting.
[24:47.840 --> 24:51.840]  What do you think.
[24:51.840 --> 24:57.840]  How many judges and how many lawyers so far have you gone to her.
[24:57.840 --> 24:59.840]  Let's see.
[24:59.840 --> 25:05.840]  This is second judge and we're looking at right now regional admin.
[25:05.840 --> 25:16.840]  The lawyers let's see there were this is the 11th lawyer the 12th person in the law firm but one of them wasn't a lawyer.
[25:16.840 --> 25:21.840]  He wasn't paralegal or something disappeared.
[25:21.840 --> 25:23.840]  They just disappear one after the other.
[25:23.840 --> 25:29.840]  But then this last one he is the same lawyer even though he's like number 12 right.
[25:29.840 --> 25:37.840]  He's the same one who challenged and wasn't allowed to challenge this last time.
[25:37.840 --> 25:44.840]  So he has gotten more bar grievances than any of the rest of them.
[25:44.840 --> 25:46.840]  He's stuck around.
[25:46.840 --> 25:52.840]  They must have some they must have some can tied to his tail.
[25:52.840 --> 26:04.840]  Well yeah he's representing probably such a large bank with so many dollars that they're just going to take care of his insurance or something.
[26:04.840 --> 26:07.840]  Okay.
[26:07.840 --> 26:11.840]  That's our stories and we're sticking to it.
[26:11.840 --> 26:19.840]  We have a full car board we're going to go to the college now we're going to go to Mr. Sophie.
[26:19.840 --> 26:21.840]  Hello Mr. Sophie.
[26:21.840 --> 26:23.840]  Well hello.
[26:23.840 --> 26:25.840]  Did I get that right today?
[26:25.840 --> 26:28.840]  You did yes.
[26:28.840 --> 26:30.840]  Okay.
[26:30.840 --> 26:34.840]  What do you have for us today?
[26:34.840 --> 26:38.840]  Oh before we go there did you send me a.
[26:38.840 --> 26:41.840]  I thought I saw one from you.
[26:41.840 --> 26:43.840]  I did.
[26:43.840 --> 26:51.840]  I opened my email and my email stopped at one p.m.
[26:51.840 --> 26:53.840]  And I couldn't find your email.
[26:53.840 --> 26:55.840]  I'll find it later.
[26:55.840 --> 26:59.840]  It's from green green bean nine five zero protons.
[26:59.840 --> 27:00.840]  Green green bean.
[27:00.840 --> 27:01.840]  Okay.
[27:01.840 --> 27:02.840]  Okay.
[27:02.840 --> 27:07.840]  That I remember that was an unusual email name.
[27:07.840 --> 27:08.840]  Later.
[27:08.840 --> 27:09.840]  Okay.
[27:09.840 --> 27:13.840]  What do you have for us today?
[27:13.840 --> 27:25.840]  Well I think the last night we were talking about the case of two cases the local case that engendered a federal case.
[27:25.840 --> 27:31.840]  Stickers allegedly put on a drop box.
[27:31.840 --> 27:35.840]  You put a sticker on a drop box.
[27:35.840 --> 27:38.840]  Well usually we put a ball of a nerve.
[27:38.840 --> 27:40.840]  Sticker on a drop box.
[27:40.840 --> 27:45.840]  It sure did.
[27:45.840 --> 27:47.840]  How can it still...
[27:47.840 --> 27:49.840]  Does he sound sorry?
[27:49.840 --> 27:54.840]  Does he sound like he's apologizing about that?
[27:54.840 --> 27:56.840]  I hope you learned your lesson.
[27:56.840 --> 27:57.840]  Okay.
[27:57.840 --> 28:02.840]  So what did they charge you with specifically?
[28:02.840 --> 28:05.840]  Criminal mischief and criminal trespass.
[28:05.840 --> 28:14.840]  What does the statute in Ohio say about what the elements of criminal mischief is?
[28:14.840 --> 28:18.840]  Criminal trespass.
[28:18.840 --> 28:19.840]  Okay.
[28:19.840 --> 28:25.840]  I'm thinking there's no way they can get there from here but did you read the codes on that?
[28:25.840 --> 28:43.840]  Yeah. No person shall without the privilege to do so knowingly move to face damage, destroy or otherwise improperly tamper with either following the property of another.
[28:43.840 --> 28:44.840]  Okay.
[28:44.840 --> 28:46.840]  So putting up stickers.
[28:46.840 --> 28:52.840]  Is that something that's never done in Ohio?
[28:52.840 --> 28:55.840]  Part of a few places. Yeah, signs.
[28:55.840 --> 28:57.840]  Yeah, they're out there.
[28:57.840 --> 29:00.840]  Things stapled up for cats.
[29:00.840 --> 29:04.840]  Things stapled up for sales.
[29:04.840 --> 29:09.840]  Signs put in the ground for politicians.
[29:09.840 --> 29:12.840]  No different than the other town.
[29:12.840 --> 29:23.840]  So wait a minute, a missed part of that. Are you saying that those kinds of things are allowed or are all of those disallowed?
[29:23.840 --> 29:37.840]  I don't know whether they're allowed or not. They're done. The poles and the streets all have stickers. They have signs missing cats. You name it.
[29:37.840 --> 29:41.840]  So could we just say that's de facto norm?
[29:41.840 --> 29:47.840]  Oh, you should file criminal charges against the one put up to sign for the missing cat.
[29:47.840 --> 29:51.840]  No, no, for the politicians.
[29:51.840 --> 30:01.840]  No, they'll expect that. I mean, if I let these politicians to make sense.
[30:01.840 --> 30:14.840]  It's clear cell phones have changed the way we live and work, but have they negatively affected our health?
[30:14.840 --> 30:20.840]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:20.840 --> 30:25.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.840 --> 30:30.840]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:30.840 --> 30:40.840]  Privacy is worth hanging on to. This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:40.840 --> 30:43.840]  Start over with StartPage.
[30:43.840 --> 30:52.840]  Cell phones emit radio frequency energy. It's a fact. But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:52.840 --> 30:56.840]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:56.840 --> 31:02.840]  Well, now the journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:02.840 --> 31:10.840]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:10.840 --> 31:15.840]  While researchers aren't sure whether this exposure causes damage, I'm not taking any chances.
[31:15.840 --> 31:19.840]  I always keep the phone far from my body, and I use a corded headset.
[31:19.840 --> 31:29.840]  Look at Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:49.840 --> 32:04.840]  Logos Radio Network welcomes a new show to our lineup for the new year.
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[34:38.840 --> 34:49.840]  What would happen if you collected a bunch of these and filed criminal charges against them?
[34:49.840 --> 34:51.840]  What do you think they would do?
[34:51.840 --> 34:57.840]  I'm sure they would go investigate every single one of them and try to figure out who did it, right?
[34:57.840 --> 35:11.840]  Okay, we talked about the process in Ohio. Did you look at the process for filing criminal complaints in Ohio?
[35:11.840 --> 35:16.840]  I did not have a chance to share the discussion last night, but you guys had a look at it.
[35:16.840 --> 35:19.840]  We discussed it last night.
[35:19.840 --> 35:25.840]  Yeah, we were having a lot of fun at Sophie's expense last night.
[35:25.840 --> 35:30.840]  We talked after the show and just had great fun at his expense.
[35:30.840 --> 35:37.840]  Okay, here's how it works in Texas.
[35:37.840 --> 35:53.840]  And all of the states adopted a model penal code and criminal procedure code so that they would all be based so you could move from one state to another state and pretty well understand what the law is.
[35:53.840 --> 35:55.840]  They're very similar.
[35:55.840 --> 36:01.840]  And the process is that a complaint is given to a magistrate.
[36:01.840 --> 36:10.840]  Well, the magistrate apparently cannot hold a preliminary hearing because the subject of the hearing is not present.
[36:10.840 --> 36:16.840]  So he sees your warrant in order to secure the person at the hearing.
[36:16.840 --> 36:24.840]  And then once the person's arrested, they're brought before a magistrate and the magistrate makes a determination of probable cause.
[36:24.840 --> 36:33.840]  Then the magistrate is required to forward that determination to the clerk of the court that would have jurisdiction over the case.
[36:33.840 --> 36:44.840]  That's how the complaint gives a magistrate jurisdiction for the purpose of making a termination of probable cause.
[36:44.840 --> 36:58.840]  Then the magistrate leaves you in order and that determination of probable cause by the magistrate shifts jurisdiction to the clerk of the court or to the court itself.
[36:58.840 --> 37:11.840]  You know, in Texas, on an indictment, once the grand jury has ruled, the grand jury shall come before the court or the clerk
[37:11.840 --> 37:16.840]  and give notice of all tribules.
[37:16.840 --> 37:29.840]  Well, if the person has not been arrested, the statute says the clerk shall make notes in the minutes of the court unless the person hasn't been arrested,
[37:29.840 --> 37:36.840]  in which case they may not put notes in the minutes of the court.
[37:36.840 --> 37:44.840]  So the court cannot take jurisdiction until the person's been arrested.
[37:44.840 --> 37:52.840]  Well, if the person's arrested on a K-E-K-P-S warrant or any other warrant, they're to be taken directly to the nearest magistrate.
[37:52.840 --> 37:57.840]  Actually, warrants always say, if you've ever had a warrant, look at it.
[37:57.840 --> 38:05.840]  It will always say, arrest this person and bring him before me.
[38:05.840 --> 38:13.840]  Because the complaint was brought to this magistrate, but he couldn't hold an examining trial because you weren't there.
[38:13.840 --> 38:21.840]  So he tells the officer, whoever executes the warrant, the rest of them bring him before me, so now I can hold the proper hearing.
[38:21.840 --> 38:32.840]  There should be something in Ohio law that lays down a very similar procedure.
[38:32.840 --> 38:45.840]  So I've got the complaint that also has an arrest warrant, which says, to the sheriff of Madison County, Ohio, you are hereby commanded to arrest the above-named person
[38:45.840 --> 38:56.840]  and bring him or her before the Madison County Municipal Court without unnecessary delay to answer to the complaint hereon.
[38:56.840 --> 38:59.840]  It's part of the sentences right below it.
[38:59.840 --> 39:12.840]  That is different. Is there anything, do you know if there's a preliminary hearing requirement in Ohio?
[39:12.840 --> 39:23.840]  We did have a preliminary hearing on May 3rd. The sentence was served on March 20th.
[39:23.840 --> 39:27.840]  Do you have a right to a speedy trial in Ohio?
[39:27.840 --> 39:29.840]  Yes.
[39:29.840 --> 39:33.840]  Has that right been codified into a statute?
[39:33.840 --> 39:35.840]  Yes.
[39:35.840 --> 39:38.840]  What does the statute say, do you know?
[39:38.840 --> 39:50.840]  It's 35 days. I don't remember. I don't have the statute in front of me, but I know it was 35 days for the 2nd and 3rd degree misdemeanors.
[39:50.840 --> 39:58.840]  And from March to May, sounds like, was it late? When in March was it?
[39:58.840 --> 40:05.840]  March 3rd or 4th. So it was close. The time was up in May.
[40:05.840 --> 40:15.840]  If you had the preliminary hearing in May, it wasn't close. So in April it had been close.
[40:15.840 --> 40:21.840]  Right. No, I mean it was right up. I think that was the, like the next day or two was the 45th day.
[40:21.840 --> 40:25.840]  And the hearing was originally set for the 2nd week in June.
[40:25.840 --> 40:39.840]  But because we had demanded a speedy trial, the prosecutor motion for a end of May, still after the time, like the May 24th, 27th for the pre-trial and trial.
[40:39.840 --> 40:48.840]  That's because we had requested combinations into the ADA and Madison County and the court doesn't have an ADA program.
[40:48.840 --> 40:52.840]  They were kind of stuck. They couldn't do anything. So they delayed it.
[40:52.840 --> 40:57.840]  Wonderful.
[40:57.840 --> 41:02.840]  I thought you were going to say it's because it was such a complex set of facts that went to this.
[41:02.840 --> 41:07.840]  I mean, you did such a complicated crime. They had to get a lot of evidence to give.
[41:07.840 --> 41:14.840]  Yeah, they got to determine was it feeling stick? Did you use scratch and sniff?
[41:14.840 --> 41:20.840]  Did you use masking tape or cellophane tape? I mean, they got to figure all this stuff out.
[41:20.840 --> 41:22.840]  I know.
[41:22.840 --> 41:26.840]  Did you use super glue? I mean, that would really be bad.
[41:26.840 --> 41:33.840]  It would be. No, they didn't have any stickers. What was funny is they had no stickers. They were destroyed.
[41:33.840 --> 41:37.840]  They were named by the library, so they had no evidence.
[41:37.840 --> 41:40.840]  Hmm, a spoilation of evidence.
[41:40.840 --> 41:42.840]  Isn't that a crime?
[41:42.840 --> 41:48.840]  No, the spoilation leads to an adverse inference.
[41:48.840 --> 41:51.840]  Sophie, take notes on this. What's bigger?
[41:51.840 --> 41:56.840]  This will make the prosecutor absolutely crazy.
[41:56.840 --> 41:59.840]  Now he's going to have to argue spoilation.
[41:59.840 --> 42:06.840]  He's going to have to go to the books. Good chance he doesn't even know what that is.
[42:06.840 --> 42:22.840]  But the speedy trial, the 35 days, is that trial or is that time to bring before magistrate for preliminary hearing?
[42:22.840 --> 42:27.840]  The trial has to be done by the 45th day.
[42:27.840 --> 42:34.840]  And it was eventually done, I think, in the 132nd day is when they eventually got to it. It was the end of July.
[42:34.840 --> 42:43.840]  So that needs a constitutional challenge, and that's what I'm always looking for, is a constitutional challenge.
[42:43.840 --> 42:54.840]  You raise a constitutional challenge, that's going to make them nuts, because if they lose that, then all their procedures are screwed up.
[42:54.840 --> 42:59.840]  All this stuff they've been doing all this time, they can't do it anymore.
[42:59.840 --> 43:11.840]  So look at speedy trial for one, preliminary hearing.
[43:11.840 --> 43:27.840]  Preliminary hearing is generally the required to take you directly to your magistrate. If they don't, they can hold you up to 48 hours.
[43:27.840 --> 43:31.840]  That's the McLaughlin v. Riverside.
[43:31.840 --> 43:43.840]  But that time limit is not a fixed time limit. That is a time limit that goes to prima facia.
[43:43.840 --> 43:54.840]  If they get you to a magistrate under that time limit, then on the face of it, they're taking what's timely.
[43:54.840 --> 43:57.840]  If they do not get you before that...
[43:57.840 --> 43:59.840]  We've got a brace coming here.
[43:59.840 --> 44:05.840]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
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[44:59.840 --> 45:03.840]  Are you the plaintiff or defendant in a lawsuit?
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[46:13.840 --> 46:22.840]  Woah-ooh-ooh-ooh-ooh-ooh-ooh-ooh-ooh-ooh-ooh-ooh-ooh-ooh.
[46:22.840 --> 46:28.840]  Yeah, always, I must be careful what I'm wishing for.
[46:28.840 --> 46:34.840]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.840 --> 46:39.840]  I ain't askin' for much, I ain't tryin' to be no blood
[46:40.840 --> 46:44.840]  I'm just here makin' my livin' pushin' buttons
[46:46.840 --> 46:51.840]  I give my message out to anyone who's shoutin' distance
[46:52.840 --> 46:57.840]  I hope for bravery and against slavery showin' resistance
[46:57.840 --> 47:02.840]  Okay, we are back, Randy Kelton, Brett Souton, Rood of Law Radio
[47:03.840 --> 47:05.840]  And when I came out, I knew exactly where I was at
[47:06.840 --> 47:12.840]  Brett and I got to talk about Aaron, talking about Aaron distortions and logical fallacies
[47:13.840 --> 47:14.840]  And who was I, Brett?
[47:15.840 --> 47:21.840]  You were saying, if they don't take you to the magistrate within 48 hours
[47:21.840 --> 47:27.840]  Then the presumption is that the taking was not timely
[47:28.840 --> 47:33.840]  That time limit that's in the case law merely goes to prima facia
[47:34.840 --> 47:42.840]  If they get to a magistrate within 48 hours and you object claiming it was not a timely taking
[47:43.840 --> 47:48.840]  Then the honest is on you to show that why the taking was not timely
[47:48.840 --> 47:53.840]  That there was a magistrate available, they could have gotten me to a magistrate sooner
[47:54.840 --> 47:58.840]  If it's after 48 hours, then the presumption is that it was not timely
[47:59.840 --> 48:06.840]  And it's up to you just need to make the claim they have to prove why it was reasonable for them to take that much time
[48:07.840 --> 48:08.840]  Does that make sense, Sophie?
[48:09.840 --> 48:10.840]  Yes
[48:11.840 --> 48:13.840]  Good issue to take them on with
[48:13.840 --> 48:25.840]  If you force them to get in court timely, they don't have as much time to jerk you around and pressure you and get you to make a deal
[48:26.840 --> 48:33.840]  Because time is on their side when they can ignore the constitutional right to a speech trial
[48:33.840 --> 48:43.840]  Have you ever looked at my habeas corpus that I have on my website which is down at the moment?
[48:44.840 --> 48:49.840]  Probably not. I'll send you this habeas
[48:50.840 --> 48:53.840]  I tried to get on your website and I wasn't able to get on
[48:54.840 --> 49:01.840]  Yeah, I'm having trouble with my server. I'm using Bluehost and I have had nothing but trouble with them
[49:01.840 --> 49:09.840]  And I've been struggling to move everything off onto another server. I'm paying for two servers because Bluehost is such a mess
[49:10.840 --> 49:12.840]  But I should have that up in the next day or so
[49:14.840 --> 49:19.840]  I'll get that back, but if you'll send me an email asking for it, I'll send you this habeas
[49:20.840 --> 49:27.840]  This habeas, I wrote it for a kid in Conroe, but I walked down due process
[49:27.840 --> 49:31.840]  This is how it's supposed to be done
[49:32.840 --> 49:42.840]  And it will, it has all the case law, it's a pretty exhaustive brief on the subject-to-due process
[49:43.840 --> 49:47.840]  Okay, so I mean we made it to a magistrate
[49:47.840 --> 49:57.840]  She's been about two weeks after we were served, not for the arraignment
[49:58.840 --> 50:01.840]  Okay, that's not a preliminary hearing
[50:02.840 --> 50:03.840]  No, unless it's preliminary
[50:04.840 --> 50:05.840]  Yeah, in May 3
[50:06.840 --> 50:08.840]  Okay, then that's not timely
[50:09.840 --> 50:10.840]  Yeah, they already blew it
[50:10.840 --> 50:16.840]  Yeah, that should give you, that should give you a constitutional right to discharge
[50:18.840 --> 50:26.840]  An arraignment is a hearing for the purpose of determining the identity of the accused and taking a plea
[50:27.840 --> 50:37.840]  The reason they do that is, under, if they followed the law correctly, you were required to be taken before a magistrate
[50:37.840 --> 50:44.840]  The magistrate may or may not be the judge in the twilight bar
[50:45.840 --> 50:49.840]  Any magistrate can hear a complaint
[50:50.840 --> 50:57.840]  So that magistrate then sends all the documentation to the clerk of the court
[50:58.840 --> 51:02.840]  And so when the court gets you, they never talk to you, theoretically
[51:02.840 --> 51:12.840]  They don't know who you are, so they need to call you in and establish who you are and what you want to plead
[51:13.840 --> 51:25.840]  If you plead special pleading, lack of impersonal jurisdiction, or you plead guilty, no guilty, no contest
[51:25.840 --> 51:31.840]  No contest would eliminate the case right there, they would dispose of it
[51:32.840 --> 51:36.840]  Right, so they do that for a judicial economy
[51:37.840 --> 51:47.840]  So this was not a preliminary hearing, if you didn't have that until May, then you could claim a constitutional right to discharge it
[51:47.840 --> 51:57.840]  That is a great claim to make because they are not going to want that to get to the appellate courts
[51:58.840 --> 52:06.840]  Because if it gets to the supreme and the supreme actually rules on constitutional law
[52:07.840 --> 52:11.840]  Then they're bound to speedy trial, which apparently they're not now
[52:12.840 --> 52:15.840]  Am I making sense or am I belaboring a point?
[52:15.840 --> 52:22.840]  Well, okay, so served on March 20th, we didn't have a pretrial until May 3rd
[52:23.840 --> 52:28.840]  So I need to find, what do I need to find to show that that is not a timely pretrial?
[52:28.840 --> 52:46.840]  You need to write a brief, this goes to constitutional due process and you will find this argument in my habeas corpus that I'll send you
[52:47.840 --> 52:54.840]  It's got all the federal cases, primarily Gerstein Pew, that's the controlling case
[52:54.840 --> 53:03.840]  And then we've got other cases, the one about taking directly the nearest magistrate starts with Heath Boyd
[53:04.840 --> 53:13.840]  Heath Boyd is a Texas case, but you should be able to bounce off of Heath Boyd to find a similar case in Ohio
[53:14.840 --> 53:20.840]  I do all of my research on Google, not Google Scholar, Google Scholar makes me crazy
[53:20.840 --> 53:28.840]  But just Google, because you got all these lawyers out there and they put up all these lawyer websites
[53:29.840 --> 53:38.840]  Well, when you start doing research, it looks like the website looks like it's trying to speak to you, the individual, but they're really not
[53:39.840 --> 53:43.840]  The website is there to talk to other lawyers
[53:43.840 --> 53:51.840]  Especially when you find a website that speaks to a specific subject
[53:52.840 --> 53:55.840]  And it tells other lawyers, this is what I specialize in
[53:56.840 --> 54:02.840]  If you need a lawyer for this purpose, then you can call me because I specialize in it
[54:03.840 --> 54:07.840]  About 50% of the lawyers business comes from referral
[54:07.840 --> 54:19.840]  So they're generally speaking to other lawyers and when you come to, especially constitutional type issues, where a lawyer has taken on the issue
[54:20.840 --> 54:28.840]  He will tend to put up either his winning pleadings and the orders in his winning pleadings
[54:28.840 --> 54:36.840]  Or he will write a treatise on the subject and the treatise is essentially a legal brief and he'll post that
[54:37.840 --> 54:44.840]  I'm not so particular, so focused on finding case law directly
[54:45.840 --> 54:51.840]  Because I want to find treatises and briefs and court rulings
[54:51.840 --> 54:59.840]  They got all your case law in there, they got it all in context, they got your arguments already made for you
[55:00.840 --> 55:05.840]  All you have to do is go in there and catch your big sections out of it and drop it in your documents
[55:06.840 --> 55:12.840]  All right, these huge documents, you don't really think I can construct all that stuff, do you?
[55:13.840 --> 55:16.840]  I have lots of headings
[55:16.840 --> 55:27.840]  And one of the reasons I started putting headings on everything is the headings would tell me where I have stolen something from somebody else
[55:28.840 --> 55:32.840]  It reminds me of where I got this
[55:33.840 --> 55:40.840]  But it turned out to be a very good tool from a newer linguistic programming standpoint
[55:40.840 --> 55:46.840]  I was just talking to Brett on the break about how I speak slowly on the air
[55:47.840 --> 55:56.840]  And when I listen to myself, I sound like I'm kind of slow-witted because I'm talking so slow
[55:57.840 --> 55:59.840]  But I do that on purpose
[55:59.840 --> 56:12.840]  Yeah, he's laughing because he made some really crappy, errant distortions about me, which I will repeat on the air
[56:13.840 --> 56:20.840]  But when I'm handing out information like this, I know all this stuff
[56:21.840 --> 56:23.840]  So I don't have to think about it
[56:24.840 --> 56:26.840]  I already have it organized in my brain
[56:26.840 --> 56:30.840]  When I'm speaking to somebody who doesn't know the information
[56:31.840 --> 56:42.840]  You have to input the information and then go do what in newer linguistic programming is called transderivational search
[56:43.840 --> 56:53.840]  You go inside and look for a referential index, a context in which you can place this information
[56:53.840 --> 56:59.840]  So that when this context is bridged, this information will be available
[57:00.840 --> 57:02.840]  Well, that takes a second or so
[57:03.840 --> 57:08.840]  So if I'm talking too fast, you don't have time to make those internal connections
[57:09.840 --> 57:14.840]  When I ask other people, when I'm doing the show, do I sound like I'm talking slow?
[57:15.840 --> 57:17.840]  But everybody I ask, he said no
[57:18.840 --> 57:21.840]  Didn't sound like it to them, but when I listen to me, I sound like I'm slow
[57:21.840 --> 57:26.840]  So do you notice I slow down on these things?
[57:27.840 --> 57:29.840]  It's not because I'm slow-witted
[57:30.840 --> 57:32.840]  Thank you very much, Mr. Errant Distortion
[57:36.840 --> 57:38.840]  You're the one who said slow-witted
[57:39.840 --> 57:41.840]  I said I sounded like it
[57:42.840 --> 57:43.840]  I didn't say I was
[57:44.840 --> 57:46.840]  I might be, but I didn't say it
[57:47.840 --> 57:48.840]  Okay
[57:48.840 --> 57:49.840]  Okay
[57:51.840 --> 57:52.840]  Back on track
[57:54.840 --> 57:58.840]  A constitutional issue, anything you can find is a constitutional issue
[57:59.840 --> 58:02.840]  You want to do it, and we were talking about where to find the case law
[58:03.840 --> 58:09.840]  You look at these, especially orders from the court
[58:10.840 --> 58:12.840]  The best are federal
[58:12.840 --> 58:27.840]  When a judge renders a ruling in Ohio, Sophie, do they issue a judgment in conjunction with the order?
[58:28.840 --> 58:30.840]  Now, that's probably a trick question
[58:31.840 --> 58:33.840]  Let me explain what a judgment is
[58:34.840 --> 58:38.840]  In the Fed, a judge can issue an order, and he just states what he orders
[58:38.840 --> 58:42.840]  But in the Fed, an order is not sufficient
[58:43.840 --> 58:47.840]  There has to be a judgment, and I'll explain that on the other side
[58:49.840 --> 58:52.840]  Would you like to make more definite progress in your walk with God?
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[59:40.840 --> 59:43.840]  That's 888-551-0102
[59:43.840 --> 59:55.840]  Or visit us online at bfa.org
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[01:00:45.840 --> 01:00:59.840]  Today in History, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40. Today in History
[01:00:59.840 --> 01:01:23.840]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into taxes law back in June, county prosecutors around the state, including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones, since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:23.840 --> 01:01:32.840]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.840 --> 01:01:46.840]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas, and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:46.840 --> 01:02:00.840]  As well as other cities, too, like the District Attorney, in El Paso, Jaime Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:00.840 --> 01:02:17.840]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup. It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:17.840 --> 01:02:37.840]  A paper by Tulane University identified a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:37.840 --> 01:02:49.840]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:49.840 --> 01:03:04.840]  This was Book Roadie with a lowdown for July 22, 2019.
[01:03:19.840 --> 01:03:34.840]  The shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:03:34.840 --> 01:03:49.840]  The shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:03:49.840 --> 01:04:06.840]  Okay, we are back. Randy Kelton, Brett Fountain, Roova Radio. And where the heck was I, Brett? Did I finish with the... I don't even remember what I was talking about.
[01:04:07.840 --> 01:04:10.840]  I think you were going to say that this is the 10th of December.
[01:04:10.840 --> 01:04:21.840]  Yeah, I was going to say that. This is the 10th of December, 2021, Friday. I was going to say that too.
[01:04:22.840 --> 01:04:29.840]  Okay, Sophie, we got speedy trial. What else do we have?
[01:04:30.840 --> 01:04:34.840]  Failure to take time to take before magistrate and speedy trial.
[01:04:34.840 --> 01:04:39.840]  Yeah, the pre-trial. Yeah, for actual pre-trial. Not the arraignment, but the pre-trial.
[01:04:40.840 --> 01:04:46.840]  Failure to timely take before magistrate goes to procedural due process.
[01:04:48.840 --> 01:04:52.840]  We have substantive due process and procedural due process.
[01:04:53.840 --> 01:04:58.840]  Procedural is where the statute says you must do a certain thing and you didn't do that thing.
[01:04:58.840 --> 01:05:04.840]  The speedy trial claim would go to procedural due process.
[01:05:05.840 --> 01:05:11.840]  Now, if they arrest you and beat you into unconsciousness, that would go to substantive due process.
[01:05:12.840 --> 01:05:14.840]  I hope that makes sense.
[01:05:15.840 --> 01:05:16.840]  Yeah, yeah.
[01:05:17.840 --> 01:05:18.840]  Did I say that slow enough?
[01:05:19.840 --> 01:05:20.840]  You did.
[01:05:20.840 --> 01:05:27.840]  Yep. Okay. I kind of bushwhacked you when you started in.
[01:05:28.840 --> 01:05:33.840]  Did you have some particular questions you wanted to ask that I didn't give you an opportunity to get to?
[01:05:39.840 --> 01:05:43.840]  I think that helps with the local appeal.
[01:05:43.840 --> 01:05:54.840]  The ADA is pretty particular as far as having experience with it. I think you got that pretty well nailed down.
[01:05:55.840 --> 01:05:58.840]  Okay, you have, okay, you brought in the ADA.
[01:05:59.840 --> 01:06:09.840]  This, you know, you might lay down some tells that tell them ADA is a federal statute.
[01:06:09.840 --> 01:06:13.840]  We could wind up in the federal courts over this.
[01:06:14.840 --> 01:06:19.840]  Actually, we are in the federal courts. We sued them in the district. We're doing that right now.
[01:06:20.840 --> 01:06:25.840]  Oh, okay. So, so much for being subtle.
[01:06:26.840 --> 01:06:29.840]  Okay, are you familiar with RICO?
[01:06:30.840 --> 01:06:31.840]  No.
[01:06:32.840 --> 01:06:34.840]  Ooh, you need to look at RICO.
[01:06:34.840 --> 01:06:52.840]  RICO, if more than two or more people act in furtherance of multiple predicate acts toward an ongoing criminal conspiracy,
[01:06:52.840 --> 01:07:05.840]  that that verbiage will tell the other side that you're going for RICO. And I had a federal judge had a judge out of Oklahoma tell me once
[01:07:06.840 --> 01:07:12.840]  that filing a RICO suits like dropping an A-bomb on the court. It terrifies them.
[01:07:12.840 --> 01:07:22.840]  So, take a look at Title 18 U.S. Code 1961. I'll give you some definitions to work with on that.
[01:07:23.840 --> 01:07:31.840]  You have a group of people here who are following policy.
[01:07:32.840 --> 01:07:33.840]  Yes, you are.
[01:07:33.840 --> 01:07:42.840]  And where the policy is not in concert inclusion. I'm sorry, not in concert.
[01:07:43.840 --> 01:07:44.840]  What's the right word I'm looking for, Brett?
[01:07:45.840 --> 01:07:46.840]  Not in compliance.
[01:07:47.840 --> 01:07:50.840]  Compliance. That's the word I was looking for. You must have been hiding it.
[01:07:50.840 --> 01:08:09.840]  Not in strict compliance with constitutional restrictions. And they act where they do the same acts repeatedly
[01:08:10.840 --> 01:08:15.840]  and deny citizens in their rights. In Texas, that's the street cane statute.
[01:08:15.840 --> 01:08:24.840]  But in the Fed, that's RICO. And under RICO, you sue them in the civil.
[01:08:25.840 --> 01:08:33.840]  But they can be prosecuted in the criminal. It's like a hybrid type of suit.
[01:08:33.840 --> 01:08:49.840]  And here's what the problem with it is for the accused is they use civil discovery that they can then take that civil discovery and use it in a criminal prosecution.
[01:08:50.840 --> 01:08:55.840]  Generally, criminal discovery is a lot more restricted than civil.
[01:08:55.840 --> 01:09:04.840]  The government sued the tobacco companies three times and lost because they had a lot of money to fight them with.
[01:09:05.840 --> 01:09:10.840]  I'm sorry, they sued them two times and lost. The third time they sued them, they sued them under RICO.
[01:09:11.840 --> 01:09:17.840]  And all the executives said, whoa, hold on here. We could go to prison.
[01:09:18.840 --> 01:09:20.840]  That's when they came to the table and made a deal.
[01:09:20.840 --> 01:09:32.840]  So you might not want to go exactly to RICO if you don't have enough to get there, but you certainly want to make RICO noises.
[01:09:33.840 --> 01:09:47.840]  And when the state acts in a way that's outside the restrictions of the federal constitution, you sue the state in the supreme.
[01:09:47.840 --> 01:09:57.840]  They are not going – absolutely, they are not going to want these kinds of questions getting before the supreme.
[01:09:58.840 --> 01:10:00.840]  Oh, the Supreme Court, okay.
[01:10:01.840 --> 01:10:06.840]  Yeah, the Supreme Court. If the Supreme Court rules against them, it messes up everything for them.
[01:10:07.840 --> 01:10:10.840]  They are not going to want your case to get there.
[01:10:10.840 --> 01:10:18.840]  I talk about a case in the foreclosure area, the Jazanowski case, $120,000 mortgage.
[01:10:19.840 --> 01:10:22.840]  I mean, they don't get much smaller than that these days.
[01:10:23.840 --> 01:10:32.840]  The guys filed for rescission on the last possible day, and the rescission was based on some $10 false fee.
[01:10:32.840 --> 01:10:45.840]  It was nothing, but the bank said, in rescission, you have to give me back all the property I gave you, then I give you back all the money you gave me.
[01:10:46.840 --> 01:10:48.840]  And these guys said, no, no, no, no, it's the other way around.
[01:10:49.840 --> 01:10:55.840]  You have to give me back all my money, then I give you back your property so I can go find another property.
[01:10:55.840 --> 01:11:09.840]  Well, some moron in Wells Fargo let this get all the way to the supreme, and the supreme stuck it up the banks and broke it off at them.
[01:11:10.840 --> 01:11:13.840]  Over $120,000 mortgage.
[01:11:14.840 --> 01:11:21.840]  Who was the moron who gave the supreme the opportunity to slam the bank's big time?
[01:11:21.840 --> 01:11:26.840]  They said, absolutely, the bank has to give them all their money back first.
[01:11:27.840 --> 01:11:28.840]  This was an extreme problem for them.
[01:11:29.840 --> 01:11:32.840]  So, you know, the question was, who was the moron who let this get there?
[01:11:33.840 --> 01:11:34.840]  Why didn't you plead this out?
[01:11:35.840 --> 01:11:36.840]  Make a deal with these guys.
[01:11:37.840 --> 01:11:38.840]  Don't take this risk.
[01:11:39.840 --> 01:11:41.840]  That's what you want to do.
[01:11:41.840 --> 01:11:53.840]  Okay, so I'm Rico with multiple people, I've got, I mean, there are seven or eight individuals that had a hand in denying us our ADA access.
[01:11:54.840 --> 01:11:57.840]  That's wonderful.
[01:11:58.840 --> 01:11:59.840]  But this is so small.
[01:12:00.840 --> 01:12:05.840]  Have you, are you familiar with a private attorney general suit?
[01:12:06.840 --> 01:12:08.840]  I've never heard of it.
[01:12:08.840 --> 01:12:16.840]  Okay, if you, now you have a federal suit in the course right now, is that correct?
[01:12:17.840 --> 01:12:18.840]  Yep.
[01:12:19.840 --> 01:12:20.840]  Okay.
[01:12:21.840 --> 01:12:23.840]  Did you get past Rule 12B6?
[01:12:25.840 --> 01:12:26.840]  We're doing that now.
[01:12:27.840 --> 01:12:28.840]  Okay.
[01:12:28.840 --> 01:12:37.840]  Okay, you, now what, if they dismiss your case to a failure state of claim, which clever can be had, don't worry about that.
[01:12:38.840 --> 01:12:39.840]  That happens all the time.
[01:12:40.840 --> 01:12:45.840]  And since you're in the federal court, oh, we were talking earlier about judgments.
[01:12:46.840 --> 01:12:54.840]  And in the federal, when they issue a ruling, they, there's two parts to the rule, to an order.
[01:12:54.840 --> 01:12:58.840]  There is the order itself, and then there is the judgment.
[01:12:59.840 --> 01:13:01.840]  The judgment is a legal brief.
[01:13:02.840 --> 01:13:03.840]  It is points and authorities.
[01:13:05.840 --> 01:13:12.840]  It tells you the law they rely, the facts they relied on, and the law they apply to those facts.
[01:13:13.840 --> 01:13:18.840]  And the courts will tell you what you did wrong and how to fix it.
[01:13:18.840 --> 01:13:22.840]  They'll tell you, they'll tell the other side the same thing.
[01:13:23.840 --> 01:13:28.840]  What they did wrong and how to fix it, because the courts want the best case brought before them.
[01:13:29.840 --> 01:13:37.840]  And then they look at the best possible cases and they find, try to find a, a just adjudication between the two.
[01:13:38.840 --> 01:13:39.840]  So they want good pleadings.
[01:13:39.840 --> 01:13:48.840]  And always, when you get a judgment from a court, even if it's a judgment of dismissal, don't worry about it, that doesn't end your case by a long shot.
[01:13:49.840 --> 01:13:50.840]  We did it very carefully.
[01:13:51.840 --> 01:13:59.840]  They will tell you precisely what you did wrong, what they need to have to be able to rule in your favor.
[01:14:00.840 --> 01:14:06.840]  So, since you're already in the Fed, you're going to be able to get a judgment.
[01:14:06.840 --> 01:14:15.840]  Since you're already in the Fed, Brett, where was I going when I got sidetracked?
[01:14:16.840 --> 01:14:18.840]  You were going to tell them private attorney general?
[01:14:19.840 --> 01:14:21.840]  Oh, yes, yes, yes, private attorney general.
[01:14:22.840 --> 01:14:27.840]  In, in, in the Fed, you can do what is called a private attorney general type suit.
[01:14:28.840 --> 01:14:33.840]  Now, there are these patriot mythologists out there who say you can become a private attorney general.
[01:14:33.840 --> 01:14:36.840]  No, you cannot come become a private attorney general.
[01:14:37.840 --> 01:14:43.840]  But you can file a suit that the courts call a private attorney general type suit.
[01:14:44.840 --> 01:14:57.840]  And that's where the issue is of such a small amount that it is normally insufficient to warrant a lawsuit to correct the wrong.
[01:14:57.840 --> 01:15:16.840]  So, what they say is you can file an attorney, file in the capacity of an attorney general suit where you sue in your own capacity and in the capacity of all others similarly situated.
[01:15:17.840 --> 01:15:22.840]  And if you win, you win what all of these people would have won.
[01:15:22.840 --> 01:15:36.840]  That way it makes it valuable enough, the potential return high enough that it warrants filing the suit in the first place.
[01:15:37.840 --> 01:15:41.840]  So, you're not just filing this federal suit for you.
[01:15:42.840 --> 01:15:46.840]  You're filing this federal suit for all others similarly situated.
[01:15:46.840 --> 01:15:51.840]  Then you raise the dollar amount way the heck up there.
[01:15:53.840 --> 01:16:05.840]  Estimate how many people in Ohio have been subjected to these practices, not just by this particular court, but all courts in Ohio.
[01:16:06.840 --> 01:16:12.840]  How much money have they improperly extracted from the public and sue them for three times that amount?
[01:16:12.840 --> 01:16:16.840]  Does that make fun?
[01:16:17.840 --> 01:16:30.840]  Yeah, considering the throughput they had in just Madison County alone and there's no ADA at all, all the other counties I'm guessing are very similar.
[01:16:30.840 --> 01:16:41.840]  And I'm going to suggest you, when you have a federal issue and a state issue in the same suit and you file in the Fed, the Fed can rule on the state issue.
[01:16:42.840 --> 01:16:45.840]  So, all the other things you're doing wrong, you can bring in as well.
[01:16:46.840 --> 01:16:50.840]  Hang on, go into our sponsors, Randy Kelton, Brett Fountain, Rulavar Radio.
[01:16:51.840 --> 01:16:54.840]  I'm not going to give up to call in number, we've got a full call board.
[01:16:55.840 --> 01:16:58.840]  We can only hold four on the board at this time. We'll be right back.
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[01:19:29.840 --> 01:19:42.840]  Okay, we are back. Randy Calton, Brett Fountain, Rulavar Radio.
[01:19:43.840 --> 01:19:46.840]  And Sophie, could you give me any ideas?
[01:19:51.840 --> 01:19:53.840]  Oh, somebody muted you.
[01:19:54.840 --> 01:19:55.840]  Hello, Mr. Sophie.
[01:19:56.840 --> 01:19:57.840]  Hello.
[01:19:57.840 --> 01:19:58.840]  Okay.
[01:19:58.840 --> 01:19:59.840]  Hello.
[01:19:59.840 --> 01:20:01.840]  Give you any ideas?
[01:20:02.840 --> 01:20:03.840]  I did, yes.
[01:20:08.840 --> 01:20:10.840]  One thing I needed to finish.
[01:20:11.840 --> 01:20:13.840]  The judge will always tell you what you did wrong.
[01:20:13.840 --> 01:20:26.840]  So, even if he dismisses, they almost never dismiss with prejudice, but even if they do, they don't mean it to be absolutely with prejudice.
[01:20:27.840 --> 01:20:33.840]  They're going to tell you what you did wrong so you could always file an amended pleading.
[01:20:34.840 --> 01:20:35.840]  Okay.
[01:20:35.840 --> 01:20:38.840]  I always expect to have to file an amended pleading.
[01:20:38.840 --> 01:20:41.840]  It's a standard procedure.
[01:20:42.840 --> 01:20:45.840]  Okay, so I'll have a time period to do that.
[01:20:46.840 --> 01:20:47.840]  Yes, you will.
[01:20:47.840 --> 01:20:49.840]  So, same rule against you.
[01:20:49.840 --> 01:20:51.840]  Don't take it as the end of the day.
[01:20:52.840 --> 01:20:53.840]  All right.
[01:20:53.840 --> 01:20:57.840]  They're just giving, they use that as an opportunity to tell you what's wrong.
[01:20:57.840 --> 01:21:09.840]  And what I suggest prosaise do is when you file an amended pleading, you start out with the court's criticism in his dismissal is well taken.
[01:21:10.840 --> 01:21:11.840]  Right.
[01:21:11.840 --> 01:21:15.840]  It's seldom that prosaise show respect to the court.
[01:21:16.840 --> 01:21:20.840]  And Olivier should be calling in tonight.
[01:21:21.840 --> 01:21:22.840]  He called in last night.
[01:21:22.840 --> 01:21:26.840]  He has done this with great results.
[01:21:27.840 --> 01:21:45.840]  He did this in a case in Florida and in the next dismissal, the judge referenced the fact that Mr. Olivier indicated that our criticisms were well taken and they hope that these criticisms, criticisms would be as well taken.
[01:21:45.840 --> 01:22:12.840]  And it appeared as though the court bent over backwards to explain to him exactly what was wrong with his suit so that he could, in the second one, he was asking them to breach the Rooker-Fellman doctor and order the state criminal prosecution to abate proceedings until this federal court was completed.
[01:22:12.840 --> 01:22:15.840]  And they told him, we cannot do that.
[01:22:16.840 --> 01:22:17.840]  And he got it.
[01:22:18.840 --> 01:22:20.840]  And then he went and filed in the state.
[01:22:21.840 --> 01:22:28.840]  He dropped the federal case and went and filed it in the state so he could get his adjudication.
[01:22:29.840 --> 01:22:33.840]  But the court explained it all very carefully to him.
[01:22:33.840 --> 01:22:41.840]  So, and the clerks in the Fed are required to assist prosaic litigants. It's not like the state.
[01:22:42.840 --> 01:22:42.840]  Okay.
[01:22:43.840 --> 01:22:44.840]  And that's not like that.
[01:22:44.840 --> 01:23:03.840]  On my federal case, I have both ADA and 1983 for a 14th Amendment and I think what's going to happen is the 1983, since we were convicted and were under appeal, I don't think the federal court can address the 1983s.
[01:23:04.840 --> 01:23:05.840]  Are you familiar with that limitation?
[01:23:06.840 --> 01:23:11.840]  Yes, but it depends on what the 1988-1983 claim is.
[01:23:11.840 --> 01:23:17.840]  For procedural due process, for violating ADA rights?
[01:23:18.840 --> 01:23:24.840]  Procedural due process is, even if they've convicted you, you can still claim procedural due process.
[01:23:26.840 --> 01:23:30.840]  Think about it. It's really, the courts are really reasonable.
[01:23:31.840 --> 01:23:39.840]  If you go into a state court and the state court violates your federal rights in order to get a conviction,
[01:23:39.840 --> 01:23:49.840]  they can't then go to the state, to the feds and say, look, these guys were convicted so they can't raise their federal rights.
[01:23:50.840 --> 01:23:56.840]  Okay, because heck to be Humphrey, U.S. Supreme Court kind of addresses that.
[01:23:56.840 --> 01:24:23.840]  A prisoner had filed 1983 damages for how he was arrested and the U.S. Supreme Court said that as long as there's a 1983, it's not simply usable as long as there is a proceeding in a state court.
[01:24:23.840 --> 01:24:25.840]  They don't want a contradiction.
[01:24:26.840 --> 01:24:27.840]  That's Rooker Feldman.
[01:24:29.840 --> 01:24:30.840]  Well, yeah, that's another doctrine.
[01:24:31.840 --> 01:24:31.840]  Yeah, Rooker Feldman.
[01:24:32.840 --> 01:24:41.840]  Yeah, well, that's going to Rooker Feldman as long as the feds can't interfere with state's jurisdiction.
[01:24:42.840 --> 01:24:43.840]  Right.
[01:24:43.840 --> 01:24:57.840]  So with the opposing lawyer, one of the opposing lawyers has said that if I were to win on procedural due process, it tells the state that they were wrong in their conviction of me.
[01:24:59.840 --> 01:25:03.840]  Yeah, but it doesn't change your conviction.
[01:25:03.840 --> 01:25:13.840]  It just gives you resjudicata so that you can now come back to the state. You can't ask the fed to throw out that conviction.
[01:25:14.840 --> 01:25:22.840]  You can ask the fed to rule that the state violated due process.
[01:25:22.840 --> 01:25:31.840]  Then you can go back to the state and accuse the state of violating due process.
[01:25:32.840 --> 01:25:42.840]  And the fact that it's a violation is resjudicata. You can go to the state and ask the state to throw out the conviction.
[01:25:43.840 --> 01:25:44.840]  Does that make sense?
[01:25:44.840 --> 01:25:54.840]  Well, I guess, yeah, because I'm reading a motion for judgment from one of the two opposing lawyers.
[01:25:54.840 --> 01:26:16.840]  And, yeah, they're arguing that Rooker Feldman and Hackney Humphrey and also younger abstention limits the federal government from interfering with state proceedings that I guess they need to find better case law.
[01:26:16.840 --> 01:26:25.840]  Wait, wait, wait, wait, wait, are they? Is the, has the adjudication in the state been, is there a final adjudication?
[01:26:26.840 --> 01:26:32.840]  Just at the, I mean, I was convicted at the municipal court and we are now appealing.
[01:26:32.840 --> 01:26:49.840]  Oh, okay. You do have a final adjudication in the municipal court since you've appealed it's not final anymore, but that has nothing to do with your federal rights.
[01:26:49.840 --> 01:27:01.840]  If you're not asking the federal court to overturn the conviction in the state court, then you're not interfering with the state at all.
[01:27:02.840 --> 01:27:14.840]  If you're claiming that the federal court, that the state court did not grant you your federal rights, that doesn't have anything to do with the state adjudication.
[01:27:14.840 --> 01:27:18.840]  Yeah, it's a good distinction.
[01:27:19.840 --> 01:27:27.840]  Then they can't do all this, so we're not allowed to deal with that kind of issues. They, there's no conflict.
[01:27:28.840 --> 01:27:36.840]  Yeah, you raise an objection to it as it's, it's inappropriate because you are not interfering with anything going on in the state.
[01:27:36.840 --> 01:27:44.840]  You're merely adjudicating a federal issue in the federal court.
[01:27:45.840 --> 01:28:04.840]  Okay, because in Hackney Humphrey, the Supreme Court said if the plaintiff in a federal rights action is challenging the legality of his conviction so that his victory would require his release, even if it had not sought that relief, the suit must be classified as a habeas corpus action and dismissed if the plaintiff has failed to exhaust his state remedies.
[01:28:04.840 --> 01:28:09.840]  Okay, did you ask them to overturn the state conviction?
[01:28:10.840 --> 01:28:13.840]  No, no, I avoided that studiously.
[01:28:14.840 --> 01:28:21.840]  Then, then you need to object to the, to the arguments as not relevant.
[01:28:21.840 --> 01:28:34.840]  As you're not asking the federal court to interfere with anything in the state, you're merely asking the court to rule on the violation of a federally protected right.
[01:28:35.840 --> 01:28:42.840]  Randy, does he get the bar grieve of somebody along with that, just as a little side note, little, you know, side band thing going on just for fun?
[01:28:43.840 --> 01:28:45.840]  Is that a rhetorical question?
[01:28:45.840 --> 01:28:55.840]  You could bar grieve them if they part their hair on the left, but you absolutely, you should bar grieve those lawyers for filing a frivolous pleading.
[01:28:58.840 --> 01:29:03.840]  Okay, they probably did it to somebody else, so maybe that could be, they could be deemed a vexatious litigant.
[01:29:03.840 --> 01:29:16.840]  I'm going to bar grieve him for his answer, essentially he answered for the defendants and when he didn't know an answer, he just said without knowledge, even though the defendant knew.
[01:29:17.840 --> 01:29:18.840]  So I'm bar grieving him for that.
[01:29:22.840 --> 01:29:23.840]  Without knowledge.
[01:29:24.840 --> 01:29:25.840]  Yeah.
[01:29:26.840 --> 01:29:28.840]  How does he answer without knowledge?
[01:29:28.840 --> 01:29:33.840]  Well, he's saying in discovery, he's just being evasive, he's does not give an answer.
[01:29:34.840 --> 01:29:38.840]  Instead of asking the client, he just says he himself has no knowledge.
[01:29:39.840 --> 01:29:40.840]  Everybody knows that.
[01:29:41.840 --> 01:29:42.840]  Yeah.
[01:29:43.840 --> 01:29:44.840]  That's right.
[01:29:45.840 --> 01:29:46.840]  What's the term?
[01:29:47.840 --> 01:29:48.840]  That goes without saying.
[01:29:49.840 --> 01:29:50.840]  Captain obvious.
[01:29:50.840 --> 01:29:58.840]  Okay, yeah, okay, yeah, I thought this was in the federal you're talking about.
[01:30:20.840 --> 01:30:21.840]  You'll never get it back again.
[01:30:22.840 --> 01:30:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.840 --> 01:30:31.840]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.840 --> 01:30:34.840]  Privacy, it's worth hanging on to.
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[01:31:23.840 --> 01:31:27.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
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[01:33:57.840 --> 01:34:12.840]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and this has become a better subject than I expected when we started.
[01:34:13.840 --> 01:34:22.840]  We went out talking about, you were talking about discovery, and discovery is great fun. You can really beat them up with discovery.
[01:34:22.840 --> 01:34:37.840]  They refuse to give discovery, or grieve them into the stone age, and then ask the court to order the other side, the lawyer who said he has no knowledge, to find the knowledge.
[01:34:37.840 --> 01:34:54.840]  I did, yeah. I extended the motion to strike and provide a better answer, and if he doesn't do that, then I'll, this is a motion to, all right, Dr. Ritz is going to be disappointed.
[01:34:54.840 --> 01:35:12.840]  Ask a, do a motion for, you know, do a request for depositions. If the lawyer doesn't know, the client will know, and move to depose the clients. That's going to make them unhappy.
[01:35:12.840 --> 01:35:23.840]  Yeah, I would certainly depose them, but I think, remember, okay, Dr. Ritz, I just got this course about six weeks ago, and it's been a fast course as I'm learning.
[01:35:24.840 --> 01:35:32.840]  This process, when you can't get information, when the lawyer is being difficult to give any information, there's another process after the motion to strike.
[01:35:32.840 --> 01:35:41.840]  It sounds like you're in pretty good shape.
[01:35:42.840 --> 01:35:54.840]  Yeah, I'll not assure you. I guess I'm just, I'm still trying to figure out the argument that I can do in 1983, if it still stands, because there's six circuits, which is what we're in.
[01:35:54.840 --> 01:36:05.840]  It's pretty clear that unless that conviction has been reversed, there is no injury upon the court, and that's no, that's no, that's no, that's no, that's no, yeah.
[01:36:06.840 --> 01:36:20.840]  Wait a minute. Are you saying that the six circuits says they can convict you while violating your constitutional rights, and that conviction is not available?
[01:36:20.840 --> 01:36:23.840]  Is it just a saleable?
[01:36:24.840 --> 01:36:29.840]  Well, I have to pursue it in the state before I can bring this to the federal.
[01:36:30.840 --> 01:36:47.840]  And that's reasonable. Yeah, that goes to the Rooker-Fellman that you have to exhaust all your state remedies, so you might ask for an abatement of this case until your appeal in the state is, receives a final adjudication.
[01:36:47.840 --> 01:36:52.840]  Okay, it's called an abatement. I was going to ask you because it's polling or it's called abatement.
[01:36:53.840 --> 01:37:01.840]  Abatement is an old term. You can ask for a continuance, an indefinite continuance, but the right word is abatement.
[01:37:02.840 --> 01:37:05.840]  Does abatement have an end to it?
[01:37:05.840 --> 01:37:16.840]  No. Abatement, you generally ask them to abate this case based on some other condition.
[01:37:17.840 --> 01:37:33.840]  Brethren, ask it for a continuance from this time to this time. You ask for an abatement to stop all proceedings until something else has happened, and in this case, a final adjudication in the state case.
[01:37:33.840 --> 01:37:40.840]  So it's indefinite, and it's tied to something else happening? Yes.
[01:37:41.840 --> 01:37:47.840]  Okay. Does that mean you do that? Yes, that makes perfect sense.
[01:37:48.840 --> 01:37:57.840]  Okay, you heard that, Brett. Perfect sense. Even though I talked so long.
[01:37:58.840 --> 01:38:00.840]  You're going to have to record that and save it for your wife.
[01:38:00.840 --> 01:38:07.840]  Yeah, okay. I'll transcribe it and put it in a poster up on the wall.
[01:38:08.840 --> 01:38:11.840]  If you transcribe it, she won't believe you. You can ask her to record it.
[01:38:15.840 --> 01:38:21.840]  Okay, anything else? Sophie, have we pretty well handled all of your questions?
[01:38:21.840 --> 01:38:29.840]  No, I think that's been very helpful. I'm actually enjoying learning how to do this.
[01:38:30.840 --> 01:38:36.840]  He's jousting with these overeducated lawyers has been actually kind of fun.
[01:38:36.840 --> 01:38:50.840]  One of the things I try to get people to get, taking these guys on is fun, especially in the Fed.
[01:38:51.840 --> 01:38:58.840]  Because in the Fed, so long as you treat the court and the judge with dignity and respect, they will do the same thing.
[01:38:58.840 --> 01:39:06.840]  And you can really joust back and forth. You'll find these lawyers are really chumps.
[01:39:07.840 --> 01:39:12.840]  Every once in a while, you come across a smart lawyer, but not very often.
[01:39:13.840 --> 01:39:18.840]  And it is the cheapest education you can get.
[01:39:22.840 --> 01:39:26.840]  Okay, thank you, Sophie. We've got a full board of callers, so we're going to move on.
[01:39:26.840 --> 01:39:29.840]  All right, be on the board. It's a couple of us.
[01:39:30.840 --> 01:39:36.840]  Okay, now we're going to go to James in Texas. James, what have you been up to?
[01:39:38.840 --> 01:39:43.840]  Well, I've been doing a slow burn since Tuesday morning.
[01:39:43.840 --> 01:39:52.840]  Yeah, a call or a summons for, okay, I'll read it.
[01:39:53.840 --> 01:39:54.840]  This letter is the notify you.
[01:39:55.840 --> 01:40:04.840]  The above style number call has been set for a hearing in the Urge Puppets Court Tuesday morning at 10 a.m.
[01:40:05.840 --> 01:40:07.840]  I get there about nine.
[01:40:07.840 --> 01:40:14.840]  There's half a dozen other people in the courtroom, and this should be kind of humorous.
[01:40:17.840 --> 01:40:30.840]  There's a young white lady in her, I guess, mid-20s sitting on a bench with a black man about mid-30s sitting beside her.
[01:40:30.840 --> 01:40:43.840]  And we're all kind of talking, and I will wait on the prosecutor. They were waiting, they were called in for the, you know, let's make a deal meeting.
[01:40:44.840 --> 01:40:45.840]  And we're talking.
[01:40:45.840 --> 01:41:00.840]  And the young girl mentioned that, or, yeah, she mentioned that to the black guy sitting there that she was, that Judge Puckett was her grandfather.
[01:41:00.840 --> 01:41:19.840]  And anyway, I get to talking to him about the black guy is a commercial driver, had gotten a speeding citation, and, you know, he can't have it on his record, blah, blah, blah.
[01:41:19.840 --> 01:41:32.840]  And, you know, of course, I mentioned there's no such thing as a speeding citation or speeding offense in Texas, and he's looking at me all crazy, and I give him the statute.
[01:41:33.840 --> 01:41:42.840]  And so this girl's looking at me, and after we get done talking, she said, so, she said, what do you think about Judge Puckett?
[01:41:42.840 --> 01:41:50.840]  And I said, well, he don't, he hates my guts.
[01:41:51.840 --> 01:41:57.840]  And the feeling is pretty much mutual, and she went, that sounds about right.
[01:42:00.840 --> 01:42:05.840]  And I went, holy crap, this is a grandfather she's talking about, and she's talking about him like this?
[01:42:05.840 --> 01:42:14.840]  I mean, she just had utter contempt in her voice when she was talking about her own grandfather.
[01:42:16.840 --> 01:42:17.840]  That is sad.
[01:42:18.840 --> 01:42:19.840]  Yes, I know.
[01:42:20.840 --> 01:42:32.840]  I mean, if one of my grandsons, I found out they were talking about me like that, I would be doing anything I could do to change the way I'm living, the way I'm treating people, whatever.
[01:42:32.840 --> 01:42:39.840]  But, again, this was, I was called in for a hearing.
[01:42:40.840 --> 01:42:44.840]  The statute, of course, calls everybody into a separate room.
[01:42:44.840 --> 01:42:47.840]  I can kind of hear a little bit.
[01:42:47.840 --> 01:42:56.840]  I'm not Eve dropping, but I can hear the conversation going on every time, and he walks them up to the front when they figure out whatever they're going to do.
[01:42:56.840 --> 01:43:11.840]  The last person, he walked her up there, and when they came out of the room, I heard him, because she was the last one, I heard him say something about, yeah, I'll walk you up front.
[01:43:11.840 --> 01:43:13.840]  We've got a trial.
[01:43:15.840 --> 01:43:24.840]  I've got a trial to attend to here in just a minute, and the alarm bells went off in my head, and I went, what the heck?
[01:43:24.840 --> 01:43:31.840]  So when he came walking back, I, you know, hollered at him.
[01:43:31.840 --> 01:43:35.840]  I said, hey, Mr. Jokowski, now I hear the music.
[01:43:38.840 --> 01:43:39.840]  Okay.
[01:43:39.840 --> 01:43:40.840]  Hang on.
[01:43:40.840 --> 01:43:43.840]  Randy Kelton, Brett Fountain, Root of Law Radio.
[01:43:45.840 --> 01:43:47.840]  Let's see.
[01:43:47.840 --> 01:43:51.840]  I was going to tell you we had a slot open on the board, but we don't.
[01:43:51.840 --> 01:43:53.840]  It's all filled up.
[01:43:53.840 --> 01:43:55.840]  Hang on, we'll be right back.
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[01:46:21.840 --> 01:46:47.840]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:46:47.840 --> 01:46:53.840]  And James, we're talking to James in Texas.
[01:46:53.840 --> 01:47:00.840]  James, I forgot to mute you. You got me in so much trouble.
[01:47:00.840 --> 01:47:02.840]  What did I do?
[01:47:02.840 --> 01:47:08.840]  When Deborah hears you hocking a goober in the outro, I'm gonna die.
[01:47:08.840 --> 01:47:18.840]  You don't know how mean that woman is.
[01:47:18.840 --> 01:47:22.840]  Well, Randy, do I need to talk slower?
[01:47:22.840 --> 01:47:26.840]  No.
[01:47:26.840 --> 01:47:30.840]  You've been listening to Brett.
[01:47:30.840 --> 01:47:37.840]  I wasn't the one that said it. I just laughed.
[01:47:37.840 --> 01:47:39.840]  Okay.
[01:47:39.840 --> 01:47:45.840]  I tell him what I heard. You know, I heard you mention something about a trial and I said,
[01:47:45.840 --> 01:47:52.840]  you know, are you talking about a trial, my trial?
[01:47:52.840 --> 01:47:54.840]  And he said, well, yeah, we're having a trial today.
[01:47:54.840 --> 01:48:03.840]  And I went, I said, well, Mr. Yurkowski, the notice I got is for a hearing, not a trial.
[01:48:03.840 --> 01:48:07.840]  And he said, well, maybe I'm mistaken. I've got a lot of stuff going on.
[01:48:07.840 --> 01:48:11.840]  He said, I'll look at it and we'll figure out what's going on.
[01:48:11.840 --> 01:48:14.840]  Okay.
[01:48:14.840 --> 01:48:23.840]  Because again, I'm expecting to show up for a motion series because I've entered a bunch of them into the record.
[01:48:23.840 --> 01:48:31.840]  Judge comes in, sits down, me and the prosecutor are sitting directly across the table from each other, looking at each other.
[01:48:31.840 --> 01:48:35.840]  And the judge has to raise our hands and square hand.
[01:48:35.840 --> 01:48:45.840]  And I see the trooper that wrote the citation walking, sat down and I'm like, something's not right here.
[01:48:45.840 --> 01:48:54.840]  And so anyway, he swears everybody in and he starts talking and he's just wanting to move straight to trial.
[01:48:54.840 --> 01:49:01.840]  The prosecutor said, well, Judge, I think, Mr. Martinez, I said, hold on.
[01:49:01.840 --> 01:49:15.840]  I said, you know, I was summoned to court in a court trial on October 5th of this year at 10 a.m.
[01:49:15.840 --> 01:49:24.840]  He said, I showed up for trial, you know, showed up to court, ready for trial, and the state failed to prosecute.
[01:49:24.840 --> 01:49:31.840]  I had a right to dismissal under Rule 165A of the Code of Civil Procedure.
[01:49:31.840 --> 01:49:34.840]  And the judge looked at me and said, didn't I?
[01:49:34.840 --> 01:49:38.840]  Yes, like that.
[01:49:38.840 --> 01:49:45.840]  And I thought I had my emotions under control where he's concerned. He's like I told you all before.
[01:49:45.840 --> 01:49:55.840]  His little bitty, bannery-roofed guy was a gang warden for 30 years, extremely arrogant, just has no clue what he's doing.
[01:49:55.840 --> 01:50:00.840]  And he's been sitting at the bench for probably close to 15 years.
[01:50:00.840 --> 01:50:11.840]  But I just kind of took a deep breath. And that's when the prosecutor stepped in.
[01:50:11.840 --> 01:50:22.840]  He said, well, you know, Judge, I think we've got several motions before the court that Mr. Martinez isn't expecting to hear.
[01:50:22.840 --> 01:50:34.840]  Well, what do you got? Cardi denied that one. What else you got? Okay, well, I've got a subject matter jurisdiction motion before the court.
[01:50:34.840 --> 01:50:42.840]  This court does not have jurisdiction. There's no 1617 order in the record that would invoke the court's jurisdiction.
[01:50:42.840 --> 01:50:53.840]  Denied.
[01:50:53.840 --> 01:50:59.840]  He seems to think that the word denied stretches to things that are not even a motion.
[01:50:59.840 --> 01:51:07.840]  The challenge to jurisdiction means the onus is on him now to come up with some proof. That's not something for him to rule on.
[01:51:07.840 --> 01:51:18.840]  Correctly, but correct. But that's exactly how he said it, too. Denied just like that.
[01:51:18.840 --> 01:51:30.840]  Perfect. I took another deep breath and me and the prosecutor eyeing each other across the table.
[01:51:30.840 --> 01:51:38.840]  And he started bar-graging back in 2018. And he's a really nice guy.
[01:51:38.840 --> 01:51:45.840]  He's somebody I'd like to go shoot a few games of pool with and a couple beers with while we do it, to be honest with you.
[01:51:45.840 --> 01:52:02.840]  Bar-graging. We're looking at each other and do you have any more motions? I said, look, in 2018, in front of Mr. Yacosti here,
[01:52:02.840 --> 01:52:09.840]  in front of a sheriff's deputy and your baby, he's designed my motion for a fair and impartial trial.
[01:52:09.840 --> 01:52:17.840]  He let me know I could never hope to get a fair trial in front of you. And he said, and what?
[01:52:17.840 --> 01:52:26.840]  And I said, so you can't hear this case. I cannot get a fair trial in front of you. Denied.
[01:52:26.840 --> 01:52:41.840]  And then I let my, like I said, I thought I had my motion semi-under control. I didn't. This guy sets me off, this little park.
[01:52:41.840 --> 01:52:48.840]  And my blood pressure went up and I'm looking at the prosecutor and he denied all my motion.
[01:52:48.840 --> 01:52:58.840]  Anything I brought up, he denied. And he gets ready to go straight in the trial.
[01:52:58.840 --> 01:53:10.840]  I said, look, judge, I was coming here today for a hearing, not a trial. I could have a trial any time I want.
[01:53:10.840 --> 01:53:13.840]  What am I supposed to do about that?
[01:53:13.840 --> 01:53:16.840]  Ask the bailiff to arrest the judge.
[01:53:16.840 --> 01:53:26.840]  The bailiff wasn't there. So what I did, and this is where my recording cut off, I said, I've got to call 911.
[01:53:26.840 --> 01:53:32.840]  And I called 911 and the judge was like, what are you calling 911 for?
[01:53:32.840 --> 01:53:40.840]  And I said, well, you don't have your bailiff here. I need to get a sheriff's deputy here to take you in the custody
[01:53:40.840 --> 01:53:53.840]  for official oppression, misconduct, and office. And I get this, he didn't really say anything to me, but just, just, the rest is snort.
[01:53:53.840 --> 01:54:02.840]  You know? And so I called 911 and, of course, I don't have very good service in the middle of the courthouse.
[01:54:02.840 --> 01:54:11.840]  So I'm sitting there and he and the prosecutor, he's still getting ready to go on with the trial. And I stood up to walk to the door.
[01:54:11.840 --> 01:54:21.840]  I said, I got to go out in the hall where I can get service. If you walk out that door, I'm going to put your button jail for contempt.
[01:54:21.840 --> 01:54:24.840]  Get back over here and sit down.
[01:54:24.840 --> 01:54:28.840]  So he's interfering with an emergency call.
[01:54:28.840 --> 01:54:30.840]  That's a felony.
[01:54:30.840 --> 01:54:39.840]  And so I walked back over and sat down and I finally got a connection and I'm talking to the guy.
[01:54:39.840 --> 01:54:53.840]  And the prosecutor, like I said, we're looking at each other face to face. The judge is on my left, the prosecutor's right.
[01:54:53.840 --> 01:55:09.840]  Mr. Zhukovsky looked at me and he goes, he's looking at me while he's talking to the judge. He said, well, judge, I think Mr. Martinez is going to appeal your ruling on these, on these motions.
[01:55:09.840 --> 01:55:13.840]  And I'm so mad I'm not even thinking.
[01:55:13.840 --> 01:55:23.840]  And he's looking at me dead now and he goes, isn't that what you're going to do, Mr. Martinez? And I said, oh yeah, I'm going to appeal this.
[01:55:23.840 --> 01:55:27.840]  He said, well, then judge, we're going to move this to the county court.
[01:55:27.840 --> 01:55:34.840]  He just said, okay, just miss Dawn, y'all can.
[01:55:34.840 --> 01:55:40.840]  I was so mad, it took me about three hours to calm down at work.
[01:55:40.840 --> 01:55:45.840]  Wait a minute. How did he move it to the county court?
[01:55:45.840 --> 01:55:51.840]  The prosecutor said, we'll just move this to the county court.
[01:55:51.840 --> 01:55:54.840]  He can't.
[01:55:54.840 --> 01:55:57.840]  Well, but he got the judge to say it.
[01:55:57.840 --> 01:56:04.840]  Yeah, he got the judge to agree to it.
[01:56:04.840 --> 01:56:05.840]  That's pretty incredible.
[01:56:05.840 --> 01:56:15.840]  The next step, that's, again, I think this man was doing his best to help me out.
[01:56:15.840 --> 01:56:27.840]  Like I said, I've margarized him in the past, but we've had some very pleasant conversations over the last, well, back in 2018, early 2019.
[01:56:27.840 --> 01:56:32.840]  I think he wasn't doing that to bail you out, to help you.
[01:56:32.840 --> 01:56:39.840]  He was doing that to help the judge because he knew you were going to land on the judge like a ton of bricks.
[01:56:39.840 --> 01:56:41.840]  And that could be true.
[01:56:41.840 --> 01:56:43.840]  And believe me, I am.
[01:56:43.840 --> 01:56:46.840]  I've already filed a judicial misconduct complaint on him.
[01:56:46.840 --> 01:56:53.840]  He recused himself in 2018 for denying my motion for a fair and impartial trial.
[01:56:53.840 --> 01:56:59.840]  I mean, he just let me know I can never be fair and impartial where you're concerned.
[01:56:59.840 --> 01:57:04.840]  You know, I'm sitting here while I'm sitting in my school.
[01:57:04.840 --> 01:57:19.840]  Why don't I have somebody here that can help me out and watch this and knows what I know or what I've learned from talking to you guys, you know, as a witness.
[01:57:19.840 --> 01:57:39.840]  But, so, apparently it's going to, and here's, am I correct in thinking I had to be given notice of trial before a trial was?
[01:57:39.840 --> 01:57:41.840]  Absolutely.
[01:57:41.840 --> 01:57:42.840]  Okay, yeah.
[01:57:42.840 --> 01:57:43.840]  Okay.
[01:57:43.840 --> 01:57:48.840]  And that's what I'm going, you know, you can just call somebody in and say you're going to have a file.
[01:57:48.840 --> 01:57:49.840]  Yes.
[01:57:49.840 --> 01:57:50.840]  Okay.
[01:57:50.840 --> 01:57:51.840]  Okay.
[01:57:51.840 --> 01:57:52.840]  Hold on.
[01:57:52.840 --> 01:57:57.840]  Are you familiar with 15.09, Texas Code of Criminal Procedure?
[01:57:57.840 --> 01:58:03.840]  I've read it before, but I can't tell you.
[01:58:03.840 --> 01:58:10.840]  See, I've read it, I've read it, and read it, and read it, and it never clicked what I was reading.
[01:58:10.840 --> 01:58:24.840]  15.09 says, when a complaint is forwarded to a magistrate, the magistrate shall issue a warrant.
[01:58:24.840 --> 01:58:28.840]  Doesn't say may, might, or can if he wants to.
[01:58:28.840 --> 01:58:34.840]  And it doesn't qualify that by saying who he got the complaint from.
[01:58:34.840 --> 01:58:36.840]  If he gets it, he's got a hot potato.
[01:58:36.840 --> 01:58:39.840]  He has to deal with it.
[01:58:39.840 --> 01:58:49.840]  Did you hear the beginning of this show, you talking about what I did to Judge Whitaker?
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