ROL_2022-09-09_16k_Hr1-2.timecode
[00:00.000 --> 00:05.500] The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.500 --> 00:09.500] They guarantee the specific freedoms Americans should know and protect.
[00:09.500 --> 00:11.000] Our liberty depends on it.
[00:11.000 --> 00:16.500] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:16.500 --> 00:18.500] Privacy is under attack.
[00:18.500 --> 00:22.000] When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:26.500] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.500 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.500] Privacy, it's worth hanging on to.
[00:34.500 --> 00:38.000] This public service announcement is brought to you by Startpage.com,
[00:38.000 --> 00:42.000] the private search engine alternative to Google, Yahoo, and Bing.
[00:42.000 --> 00:45.500] Start over with Startpage.
[00:45.500 --> 00:47.500] Spar, it's what fighters do.
[00:47.500 --> 00:51.000] It's also how I remember the five guarantees of the First Amendment.
[00:51.000 --> 00:54.000] If you plan to take away my rights, I'm going to spar with you.
[00:54.000 --> 01:02.500] Spar with an extra P, S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:02.500 --> 01:08.000] Most Americans are familiar with the First Amendment guarantees of free speech, press, assembly, and religion.
[01:08.000 --> 01:10.500] But petition for redress is another matter.
[01:10.500 --> 01:14.000] We have the right to petition the government for a redress of grievances.
[01:14.000 --> 01:17.000] It means that if we're unhappy with what's going on in our government,
[01:17.000 --> 01:21.000] we can spell out the reasons without fear of being thrown into jail.
[01:21.000 --> 01:31.000] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:34.500] The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.500 --> 01:38.000] They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.500] Our liberty depends on it.
[01:39.500 --> 01:46.000] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:46.000 --> 01:48.000] Privacy is under attack.
[01:48.000 --> 01:51.500] When you give up data about yourself, you'll never get it back again.
[01:51.500 --> 01:56.500] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.500 --> 01:58.000] So protect your rights.
[01:58.000 --> 02:01.500] Say no to surveillance and keep your information to yourself.
[02:01.500 --> 02:04.000] Privacy, it's worth hanging on to.
[02:04.000 --> 02:08.000] This public service announcement is brought to you by StartPage.com,
[02:08.000 --> 02:12.000] the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.500] Start over with StartPage.
[02:15.500 --> 02:22.000] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill of Rights and a big old bear hug.
[02:22.000 --> 02:26.000] It's how I remember that the Second Amendment guarantees us the right to bear arms,
[02:26.000 --> 02:30.000] arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.000 --> 02:33.500] Get it? Two arms, bear hug, bear arms?
[02:33.500 --> 02:38.500] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well when he said,
[02:38.500 --> 02:45.500] The right of the citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny,
[02:45.500 --> 02:51.000] which now appears remote in America, but which historically has proved to always be possible.
[02:51.000 --> 03:08.500] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[03:08.500 --> 03:23.500] Thank you very much.
[03:38.500 --> 03:44.000] When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:44.000 --> 03:49.500] So why are you acting like a bloody fool? If you get caught, then you must get cool.
[03:49.500 --> 04:00.500] Bad boys, bad boys, whatcha gonna do? Oh, whatcha gonna do when they come for you?
[04:00.500 --> 04:06.000] You chuck it on that one, you chuck it on this one. You chuck it on your mother and you chuck it on your father.
[04:06.000 --> 04:11.000] You chuck it on your brother and you chuck it on your sister. You chuck it on your best friend, and you chuck it on me!
[04:11.000 --> 04:26.000] Bad boys, bad boys, whatcha gonna do? Oh, whatcha gonna do when they come for you?
[04:26.000 --> 04:32.300] okay howdy howdy Randy Kelton Brett Fountain rule of law radio on this
[04:32.300 --> 04:42.260] Friday the 9th day of September 2022 and Brett will be happy that I got that all
[04:42.260 --> 04:54.900] by myself okay guess I start out with a little report on some of the things I'm
[04:54.900 --> 05:07.280] doing I got a notice of a hearing setting on this Victoria County thing now
[05:07.280 --> 05:14.040] anybody who's been in court issues you you go to court and then three to six
[05:14.040 --> 05:19.400] months later they want you to come to court again I sued a judge in Victoria
[05:19.400 --> 05:27.320] County and they immediately set a hearing I went in the hearing and jerked
[05:27.320 --> 05:34.720] around the the judge a little bit and he recused himself and they appointed
[05:34.720 --> 05:40.760] another one and they point appointed another hearing next week next month I'm
[05:40.760 --> 05:50.760] sorry two weeks they actually did the I think the 1st of September and I didn't
[05:50.760 --> 05:58.200] get it until a couple days ago they said a hearing for the 22nd they're trying to
[05:58.200 --> 06:03.120] push this along and get it trashed as quickly as possible to help out their
[06:03.120 --> 06:12.160] buddy and I'm trying to keep them from getting it crashed so I got a couple of
[06:12.160 --> 06:16.760] things I'm going to file a motion with the head administrative judge of the
[06:16.760 --> 06:26.200] district now I've got to read that code again it seems it's unclear it only went
[06:26.200 --> 06:35.760] to the judge to someone who's filing a motion to recuse not filing in
[06:35.760 --> 06:44.040] accordance with rules wasn't really clear that if the judge himself recuses
[06:44.040 --> 06:54.840] himself and he does so improperly it wasn't clear that this went to the head
[06:54.840 --> 06:59.600] administrative judge of the district and it doesn't seem like it should so I'll
[06:59.600 --> 07:11.600] read it again but I will file a another position to the recusal I had some errors
[07:11.600 --> 07:18.160] in the last one I was in too big a hurry and when I get to the if I get to this
[07:18.160 --> 07:22.320] hearing they want me to come down there but I have to go to Victoria for some
[07:22.320 --> 07:30.600] other business anyway and I can schedule my business for that week so you think
[07:30.600 --> 07:36.840] that they're gonna shut off all the electronic access to the court I'm not
[07:36.840 --> 07:42.800] sure why they want me in front of them I think they may one way to swallow me up
[07:42.800 --> 07:52.280] I don't think they like the fact that I had 36 listeners on the last one so I'm
[07:52.280 --> 07:59.440] going to try to have at least four witnesses
[07:59.440 --> 08:04.400] but I've got this assignment here
[08:10.760 --> 08:18.040] excuse me I had to turn on the lights so I could read it okay this says
[08:18.040 --> 08:25.760] pursuant to chapter 74 Texas government code I hereby assign Joel Johnson senior
[08:25.760 --> 08:34.120] judge excuse me excuse me I don't have what there's a button we're supposed to
[08:34.120 --> 08:39.280] have to mute the mic when we sneeze but I don't have one of those I hereby
[08:39.280 --> 08:45.280] assign Joel Johnson senior judge of the hundred and fifty six district court to
[08:45.280 --> 08:51.200] the county to the county court at law number two of Victoria County Texas
[08:51.200 --> 09:00.200] under the following terms and conditions he's not the senior judge of the 156
[09:00.200 --> 09:13.400] judicial district he's not judge at all he's retired so Brett how do I make
[09:13.400 --> 09:21.200] that a material misstatement but he is the signing yeah well he had a sign
[09:21.200 --> 09:28.640] unless he's all right so he's kind of impersonating no no no no no no the the
[09:28.640 --> 09:34.000] head administrative judge of the district to see it to hair Harley he's
[09:34.000 --> 09:41.320] authorized to do this assignment but he knew that I objected to a retired judge
[09:41.320 --> 09:49.600] mm-hmm because it left me with no remedy sure so he appoints this other judge and
[09:49.600 --> 09:57.920] claims that he is the senior judge of the 156 judicial district well he's no
[09:57.920 --> 10:07.480] such thing he's a former judge of the 156 judicial district mm-hmm so how do I
[10:07.480 --> 10:15.440] claim that as a material fact how is that material well the assignments can't
[10:15.440 --> 10:24.280] happen it's the it's the one purporting to assign has no authority well he has
[10:24.280 --> 10:31.000] the authority to assign and this government you were what he said he was I
[10:31.000 --> 10:35.840] don't know if it's that's what I'm getting at is that the case is the fact
[10:35.840 --> 10:42.280] that he he he is not what they say what he what the judge say what he self
[10:42.280 --> 10:49.720] identified as something that's not the truth yeah is that material it's
[10:49.720 --> 10:54.080] material to me because I raised an objection to a retired judge so he's
[10:54.080 --> 10:59.440] trying to hoodwink me and into thinking that this judge is is not a retired
[10:59.440 --> 11:07.080] judge so he did make a misstatement on a government document a statement that
[11:07.080 --> 11:14.200] was false you knew it was false but how is it but you're hoping to get not just
[11:14.200 --> 11:19.800] perjury but aggravated perjury yeah
[11:20.800 --> 11:25.480] enough to disqualify to disqualify the head administrative judge in the
[11:25.480 --> 11:35.640] district and if I do that who comes to who pops up next
[11:39.360 --> 11:46.640] you know guess you do have to wait and roll the dice right I will yeah yeah I
[11:46.640 --> 11:58.120] will file this opposition to the recusal as being improper and I don't see how
[11:58.120 --> 12:06.840] the administrative administrative judges district has anything to do with the
[12:06.840 --> 12:18.520] filing of a motion to recuse in a constitutional statutory County Court
[12:20.080 --> 12:27.920] maybe that's just a device they use to find a way to have a judge rule on this
[12:27.920 --> 12:38.400] issue and this creates a conundrum the proper presiding judge is the one
[12:38.400 --> 12:45.240] required to hear this hearing and the presiding judge recused himself but he
[12:45.240 --> 12:51.480] recused himself improperly so if I raise an opposition to the presiding judge
[12:51.480 --> 13:02.000] recusing himself who hears that well does the proper identification self
[13:02.000 --> 13:08.280] identification does that change whether the person has authority or not because
[13:08.280 --> 13:14.680] if they self identify as okay that's a different issue I'm talking about the
[13:14.680 --> 13:23.480] elected county judge who recused himself yeah I'm saying you can't do that and
[13:23.480 --> 13:29.560] I'm saying you're still the elected judge mm-hmm you're still the the judge
[13:29.560 --> 13:37.640] who has the duty to rule on this case but the one who filed the false pleading
[13:37.640 --> 13:47.640] or failed to file the pleading was this guy so I don't want some retired judge
[13:47.640 --> 13:52.200] hearing this case I think that's the little that's the weak point that's the
[13:52.200 --> 13:59.000] dotted line words you knew that they knew that you didn't want doesn't really
[13:59.000 --> 14:06.840] preclude somebody from assigning anybody they want so the the issue doesn't quite
[14:06.840 --> 14:12.160] connect at least to me it doesn't seem like it squarely connects with what they
[14:12.160 --> 14:16.920] supposedly knew that you wanted or didn't want no no no no no that's not
[14:16.920 --> 14:22.680] what I'm talking about we're not there yet okay we're still in the county court
[14:22.680 --> 14:29.240] right and the county court has a judge who is elected to fill this position he
[14:29.240 --> 14:35.000] swore on his oath that he would fill this position he accepted payment for
[14:35.000 --> 14:40.560] the fulfillment of this position and that created a contract yeah and I am
[14:40.560 --> 14:45.560] the third party beneficiary of the contract so I have standing under the
[14:45.560 --> 14:54.600] contract well he failed to perform under the contract that's my assertion but I
[14:54.600 --> 15:01.320] want him to perform on the floor on the contract yeah so I could disqualify him
[15:01.320 --> 15:06.040] for not or recuse him for not performing on the contract but I don't want him out
[15:06.040 --> 15:13.560] of the contract I want him held to it you you got yourself elected you accepted
[15:13.560 --> 15:21.240] the checks now get in there and do your job so they're trying to bump me out to
[15:21.240 --> 15:32.720] edit a retired judge who with whom I have no legal remedy but far as I'm
[15:32.720 --> 15:39.240] concerned all of these retired judges have no business in this case we need
[15:39.240 --> 15:44.840] they have a duty to give me our duty elected judge well next time they bring
[15:44.840 --> 15:49.680] you another one then you just can have to get rid of him for the same cause
[15:49.680 --> 15:55.720] well they're not they're going to deny that cause but so what I'm looking at is
[15:55.720 --> 16:04.680] how can I take this before I get to that I want to figure out how to force this
[16:04.680 --> 16:10.880] judge to do his job mm-hmm yeah otherwise you get sidetracked with
[16:10.880 --> 16:18.000] everybody's lawlessness yeah so I'm what I want to do is say that he has
[16:18.000 --> 16:26.000] repudiated his contract and if he is unable to sit in this case then I want
[16:26.000 --> 16:29.600] him removed from repudiation of the contract I want him removed to go
[16:29.600 --> 16:38.240] Warranto and give me another elected judge in his place who can do his job
[16:39.800 --> 16:45.440] you know all this the lawyers do this crap all the time they take your money
[16:45.440 --> 16:49.040] they do nothing and they say well if you don't like it I'll withdraw you know
[16:49.040 --> 16:57.800] you won't withdraw you're under contract I have a right to the benefit of the
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[19:37.920 --> 19:43.920] standing like it's out of control on the edge of a hole inside a deep dark
[19:43.920 --> 20:11.920] I'm always on the lookout for something to soothe my soul so I sit back and I watch the evidence unfold and I see justice is to go
[20:11.920 --> 20:18.520] far okay got to turn the phone but phone lines on last time so I'm going to turn
[20:18.520 --> 20:23.640] them on right now this is Randy Kelton Brett fountain rule of our radio and
[20:23.640 --> 20:31.560] our call-in number is 512-646-1984 if you have a question or comment give us a
[20:31.560 --> 20:39.640] call and we're talking about an issue over which I have a quandary if you file
[20:39.640 --> 20:46.960] a action against one of these guys buddies the first thing they do is the
[20:46.960 --> 20:53.920] judge says well I don't want to do this and he recuses himself and I'm saying
[20:53.920 --> 21:00.560] whoa wait a minute how the heck do you do that he just wants the easy ones
[21:00.560 --> 21:09.600] there are qualifications for recusal you must meet those not just the fact
[21:09.600 --> 21:16.400] that I don't want to do my job because I don't want a retired judge who doesn't
[21:16.400 --> 21:26.160] answer to the voters yeah about if he gets judicial misconduct report yeah so
[21:26.160 --> 21:32.520] he knew he wants to and that leaves me with no remedy and when I said that to
[21:32.520 --> 21:40.120] the judge in that hearing it kind of backed him up a little bit he got it how
[21:40.120 --> 21:47.800] that's a problem yeah so how do I force this judge back into court to do his job
[21:47.800 --> 21:53.280] I think you got a really good angle there but that's your pediation of his
[21:53.280 --> 21:59.760] contract yeah we spoke to this on the break that he swore on his oath that he
[21:59.760 --> 22:07.320] would do this job he that oath established a contract with between him
[22:07.320 --> 22:15.400] and the state he accepted money for his services based on that contract that
[22:15.400 --> 22:24.280] establishes the contract and now he has repudiated that contract so either he
[22:24.280 --> 22:31.200] step up and do his job or a petition for court warrant or removal claiming
[22:31.200 --> 22:36.760] repudiation of his contract with the state and failure to act with to provide
[22:36.760 --> 22:44.720] goods goodness was it good faith and fair services that'll be one that they've
[22:44.720 --> 22:51.960] never seen everything has to have a remedy this legal system is far too
[22:51.960 --> 23:01.600] sophisticated to be without a remedy in this case and it has to be in law I just
[23:01.600 --> 23:11.200] haven't found it yet so casting around trying to figure out the best way to go
[23:11.200 --> 23:20.400] after them so I could go for court warrant or removal and a plea an abatement
[23:20.400 --> 23:28.320] until the issue of the recusal of the trial judge is completely adjudicated
[23:28.320 --> 23:32.920] and that's telling them I'm going to take it all the way up to the supreme
[23:32.920 --> 23:40.080] and then there's the matter of court warrant or removal and have a new judge
[23:40.080 --> 23:47.840] appointed to this position who will do the job that this judge didn't want to
[23:47.840 --> 23:59.320] do with there has to be some some consequences so I'm struggling with that
[23:59.320 --> 24:06.280] I'm struggling with how to best to go after these guys did I read this
[24:06.280 --> 24:11.680] appointment on the air Brett Brett I think I did about yeah senior judge of
[24:11.680 --> 24:22.400] not a bitch that you know once I get past the trial judge recusing himself
[24:22.400 --> 24:29.880] based on Caprice then we go to the appointment of a retired judge yeah that
[24:29.880 --> 24:42.440] makes sense then we go to the issue of appointing that retired judge yeah yeah
[24:42.440 --> 24:47.280] because we haven't got there yet because I'm claiming I got this judge he's the
[24:47.280 --> 24:52.000] elected judge he's answerable to the voters yeah that's gotta be handled
[24:52.000 --> 24:57.280] first yeah and that's that's what they try to get around last time and they're
[24:57.280 --> 25:01.920] trying to just scoot on past it and I'm trying to keep that from happening
[25:01.920 --> 25:08.240] that's your clue that's where you need to focus yep and it's a hard thing here
[25:08.240 --> 25:15.640] not to get distracted we see things that we can adjudicate things we can go after
[25:15.640 --> 25:22.880] them for but they're not necessarily on point and it's kind of like the farmer
[25:22.880 --> 25:29.080] and briar rabbit oh don't throw me down that way in that briar patch yeah they're
[25:29.080 --> 25:36.440] trying to get me in that briar patch and I'm trying to stay out of it so first
[25:36.440 --> 25:41.320] things first this this judge is under contract I need him to fulfill the
[25:41.320 --> 25:47.120] contract if he's unable or unwilling to fulfill the contract then I'm gonna
[25:47.120 --> 25:53.120] accuse him of repudiating the contract and petition for court warrant toe
[25:53.120 --> 26:01.800] removal and then the appointment of a judge to fill out his term then the
[26:01.800 --> 26:07.200] judge don't get to collect any more checks he gets tossed out of office and
[26:07.200 --> 26:15.880] essentially disgraced and he doesn't get a pension perfect that means that's an
[26:15.880 --> 26:20.480] action that's gonna scare him into wanting to do right maybe everybody
[26:20.480 --> 26:30.600] around him that's what I hope or if he is unable to do this I will move for
[26:30.600 --> 26:39.000] assignment to the first county court at law number one instead of number two
[26:39.000 --> 26:48.720] yeah let's see if number one can do his job that should take him a few months to
[26:48.720 --> 26:58.600] get adjudicated and and I have some bar grievances ready and they called into
[26:58.600 --> 27:03.440] Victoria County to get the bar grievance they get the bar card number of the
[27:03.440 --> 27:09.200] lawyer at issue and she didn't know what it was oh that's the way you keep it
[27:09.200 --> 27:17.240] from people I said well you know what friends you gave it to me see well you
[27:17.240 --> 27:27.320] can look it up on the bar I did that and I found three Lewis Martinez so I guess
[27:27.320 --> 27:31.760] since you won't give me his bar card I'll just bar credo bar grieve all three
[27:31.760 --> 27:44.280] of them let God sort it out I have met with dead silence but this wasn't this
[27:44.280 --> 27:53.440] was a clerk for the prosecutor it wasn't a ADA so she may not have understood the
[27:53.440 --> 27:59.000] ramifications of a bar grievance but they never gave me a bar card number so
[27:59.000 --> 28:03.720] I'm gonna bar grieve all three and one of them is in New Mexico the other ones in
[28:03.720 --> 28:10.840] Houston and the third one has an address in Victoria County I'm still gonna bar
[28:10.840 --> 28:16.520] grieve all three of them oh yeah there's no telling you gotta be sure yeah I gotta
[28:16.520 --> 28:22.120] be sure and we can always let the court sort it out let the book I'm sure the
[28:22.120 --> 28:26.960] Bar Association will get all that sorted out oh yeah that's probably the most
[28:26.960 --> 28:32.960] efficient way to handle that yeah so you don't want to give me what I did let's
[28:32.960 --> 28:39.080] see how this works out for you yeah I just reached out to seven go ahead no I
[28:39.080 --> 28:43.000] was just gonna say I'm I'm contacting them twice on this issue and that's all
[28:43.000 --> 28:49.920] I need to I just I just was bar grieving a lady who she didn't want to give me
[28:49.920 --> 28:56.120] the records request I'm asking some stuff from the county brazier and well
[28:56.120 --> 29:02.600] she didn't want to answer that right that that request and and so she acted
[29:02.600 --> 29:09.240] like an obstacle and then I looked at her boss I told her stop contacting me
[29:09.240 --> 29:13.400] and you're harassing me you're irritating it used all those straight
[29:13.400 --> 29:18.320] keywords from the from the language of the offensive harassment and she still
[29:18.320 --> 29:21.720] wanted to keep emailing me and try to get involved three times now so I
[29:21.720 --> 29:28.440] bar grieved her boss times three on the things that she needed bar grieving for
[29:28.440 --> 29:37.880] and there were seven of these by the same name so I did them all sometimes
[29:37.880 --> 29:43.640] you just gotta take a broad approach and make sure you hit the target right yep
[29:43.640 --> 29:54.080] you can always let God sort them out okay here we go first time call over to
[29:54.080 --> 29:56.880] eight four five
[30:01.720 --> 30:05.880] it's clear cell phones have changed the way we live and work but have they
[30:05.880 --> 30:09.480] negatively affected our health I'm Dr. Catherine Albrecht and I'll be back in
[30:09.480 --> 30:13.600] just a moment with new findings about how cell phones may actually alter our
[30:13.600 --> 30:19.080] brain chemistry privacy is under attack when you give up data about yourself
[30:19.080 --> 30:23.280] you'll never get it back again and once your privacy is gone you'll find your
[30:23.280 --> 30:27.600] freedoms will start to vanish too so protect your rights say no to
[30:27.600 --> 30:32.480] surveillance and keep your information to yourself privacy it's worth hanging
[30:32.480 --> 30:37.080] on to this public service announcement is brought to you by start page comm the
[30:37.080 --> 30:42.080] private search engine alternative to Google Yahoo and Bing start over with
[30:42.080 --> 30:48.160] start page cell phones emit radiofrequency energy it's a fact but
[30:48.160 --> 30:51.480] whether it's dangerous to have a phone beaming this kind of radiation near your
[30:51.480 --> 30:55.320] head has been disputed some have blamed it for brain tumors while cell phone
[30:55.320 --> 30:59.400] companies have downplayed concerns well now the Journal of the American Medical
[30:59.400 --> 31:03.520] Association is confirming that cell phones affect brain chemistry the study
[31:03.520 --> 31:07.760] of 47 volunteers show that glucose metabolism in the area of the brain
[31:07.760 --> 31:12.040] closest to the cell phone antenna increases when the cell phone is on while
[31:12.040 --> 31:15.800] researchers aren't sure whether this exposure causes damage I'm not taking
[31:15.800 --> 31:20.280] any chances I always keep the phone far from my body and I use a corded headset
[31:20.280 --> 31:29.880] I'm Dr. Catherine Albrecht more news and information at Catherine Albrecht com I
[31:29.880 --> 31:36.000] lost my son my nephew my uncle my son on September 11th 2001 most people don't
[31:36.000 --> 31:40.680] know that a third tower fell on September 11th World Trade Center 7 a 47
[31:40.680 --> 31:44.840] story skyscraper was not hit by a plane although the official explanation is
[31:44.840 --> 31:49.680] that fire brought down building seven over 1,200 architects and engineers and
[31:49.680 --> 31:52.720] looked into the evidence and believe there is more to the story bring
[31:52.720 --> 31:58.240] justice to my son my uncle my nephew my son go to building watch dot org why it
[31:58.240 --> 32:03.120] fell why it matters and what you can do are you looking to have a closer
[32:03.120 --> 32:07.520] relationship with God and a better understanding of his word then tune in
[32:07.520 --> 32:12.060] to logosradio network.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:12.060 --> 32:16.400] scripture talk where Nana and her guests discuss the scriptures in accord with
[32:16.400 --> 32:21.400] second Timothy 2 15 study to show thyself approved unto God a workman
[32:21.400 --> 32:25.920] that needed not to be ashamed rightly dividing the word of truth starting in
[32:25.920 --> 32:29.960] January our first hour studies are in the book of Mark where we'll go verse by
[32:29.960 --> 32:34.560] verse and discuss the true gospel message our second hour topical studies
[32:34.560 --> 32:38.720] will vary each week with discussions on sound doctrine and Christian character
[32:38.720 --> 32:43.040] development we wish to reflect God's light and be a blessing to all those
[32:43.040 --> 32:47.160] with a hearing ear our goal is to strengthen our faith and to transform
[32:47.160 --> 32:51.760] ourselves more into the likeness of our Lord and Savior Jesus so tune in to
[32:51.760 --> 32:57.080] scripture talk live on logosradio.com on Wednesdays from 8 to 10 p.m. to
[32:57.080 --> 33:01.840] inspire and motivate your studies of the scriptures
[33:27.080 --> 33:30.120] I'm so
[33:30.120 --> 33:32.120] I'm so
[33:32.120 --> 33:34.120] Tessin's a race
[33:34.120 --> 33:36.120] for Mr. Bush
[33:36.120 --> 33:38.120] Tessin's a race
[33:38.120 --> 33:40.120] for Dictine
[33:40.120 --> 33:44.120] Well I need a prosecutor to come and help me
[33:44.120 --> 33:46.120] Prosecute them wicked leaders
[33:46.120 --> 33:48.120] They're murderers and liars
[33:48.120 --> 33:50.120] They tell me they're liars
[33:50.120 --> 33:52.120] They tell me stories
[33:52.120 --> 33:54.120] They don't believe me say what they're telling
[33:54.120 --> 33:56.120] 3% of America vote for Bush
[33:56.120 --> 33:58.120] So how the hell you get the president
[33:58.120 --> 34:00.120] That's why we have a warrant for him
[34:00.120 --> 34:02.120] Everybody listen carefully
[34:02.120 --> 34:04.120] Listen to the words of the three shoes Posse
[34:04.120 --> 34:06.120] Tessin's a race
[34:06.120 --> 34:08.120] for Mr. Bush
[34:08.120 --> 34:10.120] Tessin's a race
[34:10.120 --> 34:12.120] for warrant
[34:12.120 --> 34:14.120] for Dictine
[34:14.120 --> 34:16.120] Okay, howdy, howdy
[34:16.120 --> 34:18.120] Randy Kelton, Brett Fountain, Rule of Law Radio
[34:18.120 --> 34:20.120] on this Friday
[34:20.120 --> 34:22.120] the 9th
[34:22.120 --> 34:24.120] day of September
[34:24.120 --> 34:26.120] 2022
[34:26.120 --> 34:28.120] and we're going to go to
[34:28.120 --> 34:30.120] our callers
[34:30.120 --> 34:32.120] we have a first time caller
[34:32.120 --> 34:34.120] the reason we say we have a first time caller is
[34:34.120 --> 34:36.120] once you've called one time
[34:36.120 --> 34:38.120] we put your first name
[34:38.120 --> 34:40.120] and state in our database
[34:40.120 --> 34:42.120] when we get a
[34:42.120 --> 34:44.120] call that comes in and it just shows us
[34:44.120 --> 34:46.120] caller ID information
[34:46.120 --> 34:48.120] then that's generally a first time caller
[34:48.120 --> 34:50.120] so if you are from
[34:50.120 --> 34:52.120] the 845 area code
[34:52.120 --> 34:54.120] talk to us
[34:54.120 --> 34:56.120] give us a
[34:56.120 --> 34:58.120] first name and a state
[34:58.120 --> 35:00.120] Hello
[35:00.120 --> 35:02.120] Hello
[35:02.120 --> 35:04.120] Yes
[35:04.120 --> 35:06.120] this is Ariel Gomez
[35:06.120 --> 35:08.120] and I have
[35:08.120 --> 35:10.120] the case in Pennsylvania
[35:10.120 --> 35:12.120] but I'm staying in New York now
[35:12.120 --> 35:14.120] Okay, what was
[35:14.120 --> 35:16.120] the first name, Era?
[35:16.120 --> 35:18.120] Ariel
[35:18.120 --> 35:20.120] Ariel, okay
[35:20.120 --> 35:22.120] Ariel
[35:22.120 --> 35:24.120] Ariel
[35:24.120 --> 35:26.120] I used to know
[35:26.120 --> 35:28.120] what that meant
[35:28.120 --> 35:30.120] In Christian
[35:30.120 --> 35:32.120] biblical
[35:32.120 --> 35:34.120] it's like the
[35:34.120 --> 35:36.120] lion of God
[35:36.120 --> 35:38.120] in Hebrew
[35:38.120 --> 35:40.120] When I looked it up
[35:40.120 --> 35:42.120] it was one who is to be
[35:42.120 --> 35:44.120] protected
[35:44.120 --> 35:46.120] something like that
[35:46.120 --> 35:48.120] anyway, I was writing a book and I used that
[35:48.120 --> 35:50.120] name in there and that's why I lifted
[35:50.120 --> 35:52.120] up the entomology of the name
[35:52.120 --> 35:54.120] I think it will be the other way, Era
[35:54.120 --> 35:56.120] because Ariel
[35:56.120 --> 35:58.120] lion of God
[35:58.120 --> 36:00.120] so anybody
[36:00.120 --> 36:02.120] who is protecting this is probably
[36:02.120 --> 36:04.120] whoever is in front of the lion
[36:08.120 --> 36:10.120] Okay, anyway, what do you have
[36:10.120 --> 36:12.120] for us today?
[36:12.120 --> 36:14.120] Alright, Randy
[36:14.120 --> 36:16.120] it's a very complex
[36:16.120 --> 36:18.120] case
[36:18.120 --> 36:20.120] but I think we can
[36:20.120 --> 36:22.120] summarize and see
[36:22.120 --> 36:24.120] I have a couple of questions
[36:24.120 --> 36:26.120] and let's see how we
[36:26.120 --> 36:28.120] go
[36:28.120 --> 36:30.120] Okay, let's start
[36:30.120 --> 36:32.120] with the first question
[36:32.120 --> 36:34.120] or give us a brief synopsis
[36:34.120 --> 36:36.120] Yeah, well
[36:36.120 --> 36:38.120] I was accused by my ex-girlfriend
[36:40.120 --> 36:42.120] First, everything started with
[36:42.120 --> 36:44.120] a simple assault case
[36:44.120 --> 36:46.120] in harassment
[36:46.120 --> 36:48.120] and
[36:48.120 --> 36:50.120] well
[36:50.120 --> 36:52.120] on the event, I was
[36:52.120 --> 36:54.120] breaking up with her so I decided to leave
[36:54.120 --> 36:56.120] so she gets
[36:56.120 --> 36:58.120] in front of the door
[36:58.120 --> 37:00.120] holding two knives
[37:00.120 --> 37:02.120] and there's a security
[37:02.120 --> 37:04.120] camera
[37:04.120 --> 37:06.120] from the doorbell recording
[37:06.120 --> 37:08.120] so it shows
[37:08.120 --> 37:10.120] that she has
[37:10.120 --> 37:12.120] only one exit, she has two knives
[37:12.120 --> 37:14.120] so I push her
[37:14.120 --> 37:16.120] to
[37:16.120 --> 37:18.120] try to disarm her
[37:18.120 --> 37:20.120] and just grab my stuff and leave
[37:20.120 --> 37:22.120] so I do that, I push her
[37:22.120 --> 37:24.120] I try to
[37:24.120 --> 37:26.120] she drops the knives, I grab my stuff
[37:26.120 --> 37:28.120] and leave
[37:28.120 --> 37:30.120] so after that she
[37:30.120 --> 37:32.120] went to the police
[37:32.120 --> 37:34.120] and said that I
[37:34.120 --> 37:36.120] assaulted her
[37:36.120 --> 37:38.120] and fine, I got a call from the
[37:38.120 --> 37:40.120] police department and they said
[37:40.120 --> 37:42.120] I need to turn myself in
[37:42.120 --> 37:44.120] so I go to the police and
[37:44.120 --> 37:46.120] when I get there
[37:46.120 --> 37:48.120] they told me
[37:48.120 --> 37:50.120] oh well, you assaulted her, this and that
[37:50.120 --> 37:52.120] and she has a video
[37:52.120 --> 37:54.120] and I say okay, did you
[37:54.120 --> 37:56.120] watch the video? I said yes, we did
[37:56.120 --> 37:58.120] and then I tell them
[37:58.120 --> 38:00.120] so did you notice that she was grabbing two knives
[38:00.120 --> 38:02.120] and she was
[38:02.120 --> 38:04.120] within two feet away from me
[38:04.120 --> 38:06.120] I had to, you know, there was only one exit
[38:06.120 --> 38:08.120] and I just wanted
[38:08.120 --> 38:10.120] to leave
[38:10.120 --> 38:12.120] and they totally ignored that
[38:12.120 --> 38:14.120] they said well, no, no
[38:14.120 --> 38:16.120] so he didn't question me
[38:16.120 --> 38:18.120] there was no interrogation
[38:18.120 --> 38:20.120] but that's the cop, that's not the same thing
[38:20.120 --> 38:22.120] as being questioned on the standard
[38:22.120 --> 38:24.120] what you can assert as
[38:24.120 --> 38:26.120] the situations that made
[38:26.120 --> 38:28.120] that be necessity
[38:28.120 --> 38:30.120] necessity is an affirmative
[38:30.120 --> 38:32.120] defense, if you have
[38:32.120 --> 38:34.120] some things that you can bring to the table
[38:34.120 --> 38:36.120] that show that that was
[38:36.120 --> 38:38.120] a necessity
[38:38.120 --> 38:40.120] then that would be brought in court time
[38:40.120 --> 38:42.120] not while the cops are investigating
[38:42.120 --> 38:44.120] and all they're doing is looking for dirt
[38:44.120 --> 38:46.120] they're trying to get you to say anything that they can
[38:46.120 --> 38:48.120] use as part of the accusation
[38:48.120 --> 38:50.120] it's not their job to
[38:50.120 --> 38:52.120] be like a judge or
[38:52.120 --> 38:54.120] prosecutor or somebody who
[38:54.120 --> 38:56.120] they must look for justice
[38:56.120 --> 38:58.120] these guys are trying
[38:58.120 --> 39:00.120] to accuse, it's different
[39:00.120 --> 39:02.120] it should
[39:02.120 --> 39:04.120] be their job, but it's not
[39:04.120 --> 39:06.120] so
[39:06.120 --> 39:08.120] have you charged her with
[39:08.120 --> 39:10.120] aggravated assault
[39:10.120 --> 39:12.120] no, no, there's a
[39:12.120 --> 39:14.120] big problem
[39:14.120 --> 39:16.120] they didn't want to question me
[39:16.120 --> 39:18.120] they took me to the
[39:18.120 --> 39:20.120] municipal court
[39:20.120 --> 39:22.120] they took my information
[39:22.120 --> 39:24.120] wait a minute
[39:24.120 --> 39:26.120] this is already
[39:26.120 --> 39:28.120] getting confused
[39:28.120 --> 39:30.120] they took you to the
[39:30.120 --> 39:32.120] municipal court
[39:32.120 --> 39:34.120] and they're charging you
[39:34.120 --> 39:36.120] with family violence
[39:36.120 --> 39:38.120] no, so
[39:38.120 --> 39:40.120] they put a simple assault
[39:40.120 --> 39:42.120] and harassment charge of the back
[39:44.120 --> 39:46.120] so
[39:46.120 --> 39:48.120] did the municipal
[39:48.120 --> 39:50.120] court hold an examining trial
[39:52.120 --> 39:54.120] no, they took me to a preliminary hearing
[39:54.120 --> 39:56.120] so they
[39:56.120 --> 39:58.120] that's what it is, that's a preliminary hearing
[39:58.120 --> 40:00.120] were the officers there?
[40:00.120 --> 40:02.120] they were there
[40:02.120 --> 40:04.120] did they have a witness there?
[40:04.120 --> 40:06.120] she was there
[40:06.120 --> 40:08.120] as a witness
[40:08.120 --> 40:10.120] there was nobody else as a witness
[40:10.120 --> 40:12.120] so it's only her and myself
[40:14.120 --> 40:16.120] wow, how about that
[40:16.120 --> 40:18.120] sounds like you got the
[40:18.120 --> 40:20.120] preliminary hearing
[40:20.120 --> 40:22.120] an actual preliminary hearing
[40:22.120 --> 40:24.120] in Texas
[40:24.120 --> 40:26.120] they call it an examining trial
[40:26.120 --> 40:28.120] but in most states they call it a preliminary hearing
[40:28.120 --> 40:30.120] and in the fed they call it
[40:30.120 --> 40:32.120] a preliminary hearing, so it sounds like you had one
[40:32.120 --> 40:34.120] well in Texas they call it
[40:34.120 --> 40:36.120] you don't have a right to that
[40:36.120 --> 40:38.120] no, you don't have a right to it anywhere
[40:38.120 --> 40:40.120] it's statutory
[40:42.120 --> 40:44.120] that's what they call it
[40:44.120 --> 40:46.120] the case is that in the preliminary hearing
[40:46.120 --> 40:48.120] the judge
[40:48.120 --> 40:50.120] didn't want to even watch the video
[40:50.120 --> 40:52.120] or anything, he said well
[40:52.120 --> 40:54.120] I'm going to send this case to
[40:54.120 --> 40:56.120] the county court
[40:56.120 --> 40:58.120] so he sent the case
[40:58.120 --> 41:00.120] you know
[41:00.120 --> 41:02.120] this is the Box County in Pennsylvania
[41:02.120 --> 41:04.120] so
[41:04.120 --> 41:06.120] they assigned me a public defender
[41:06.120 --> 41:08.120] and I explained the whole case
[41:08.120 --> 41:10.120] and everything, so okay, we schedule
[41:10.120 --> 41:12.120] a trial
[41:12.120 --> 41:14.120] we go to the first date
[41:14.120 --> 41:16.120] of the trial and they cancel
[41:16.120 --> 41:18.120] the trial, that was, okay we schedule
[41:18.120 --> 41:20.120] so I go there and they tell me it's rescheduled
[41:20.120 --> 41:22.120] fine
[41:22.120 --> 41:24.120] so that happened
[41:24.120 --> 41:26.120] in January
[41:26.120 --> 41:28.120] so the second time
[41:28.120 --> 41:30.120] they cancel it, they cancel the
[41:30.120 --> 41:32.120] the trial
[41:32.120 --> 41:34.120] four times, with no explanation
[41:34.120 --> 41:36.120] okay, here's what you do
[41:38.120 --> 41:40.120] lawyers generally get paid about $200
[41:40.120 --> 41:42.120] an hour
[41:42.120 --> 41:44.120] they have had you come down there
[41:44.120 --> 41:46.120] four times and didn't
[41:46.120 --> 41:48.120] weren't
[41:48.120 --> 41:50.120] prepared to have the hearing
[41:50.120 --> 41:52.120] so bill them $200
[41:52.120 --> 41:54.120] an hour for your time
[41:54.120 --> 41:56.120] going down there, however long you're sat there
[41:56.120 --> 41:58.120] your time going home
[42:00.120 --> 42:02.120] make up a bill and send it to
[42:02.120 --> 42:04.120] whoever in the county pays
[42:04.120 --> 42:06.120] bills
[42:06.120 --> 42:08.120] and then file a judicial conduct complaint
[42:08.120 --> 42:10.120] against the judge
[42:10.120 --> 42:12.120] for failing to maintain
[42:12.120 --> 42:14.120] his calendar
[42:14.120 --> 42:16.120] what they're trying to do
[42:16.120 --> 42:18.120] is force you to come back and come
[42:18.120 --> 42:20.120] back and come back, they'll do this
[42:20.120 --> 42:22.120] for four or five years
[42:22.120 --> 42:24.120] yeah, sick
[42:24.120 --> 42:26.120] until you make a deal
[42:28.120 --> 42:30.120] so you start billing the county
[42:30.120 --> 42:32.120] for your time
[42:34.120 --> 42:36.120] well, this is just the starting
[42:36.120 --> 42:38.120] like I said, it gets pretty
[42:38.120 --> 42:40.120] ugly after that
[42:40.120 --> 42:42.120] oh, you gotta know we're
[42:42.120 --> 42:44.120] used to pretty ugly
[42:44.120 --> 42:46.120] okay, have you written
[42:46.120 --> 42:48.120] up a timeline
[42:48.120 --> 42:50.120] yes, I did, but this is
[42:50.120 --> 42:52.120] not even the main case
[42:52.120 --> 42:54.120] this got thrown up
[42:54.120 --> 42:56.120] later, but
[42:56.120 --> 42:58.120] whoa, whoa
[42:58.120 --> 43:00.120] got thrown out later, what does that mean
[43:00.120 --> 43:02.120] was dismissed
[43:02.120 --> 43:04.120] no, the DA
[43:04.120 --> 43:06.120] chose not to
[43:06.120 --> 43:08.120] pursue that case, but hold on
[43:08.120 --> 43:10.120] let's get to the fifth
[43:10.120 --> 43:12.120] date, the fifth date
[43:12.120 --> 43:14.120] I go to the
[43:14.120 --> 43:16.120] court, we're ready to go
[43:16.120 --> 43:18.120] to trial
[43:18.120 --> 43:20.120] so I'm sitting on the bench
[43:20.120 --> 43:22.120] and all of a sudden two
[43:22.120 --> 43:24.120] detectives come
[43:24.120 --> 43:26.120] call my name, Ariel Gomez
[43:26.120 --> 43:28.120] yes, and they handcuff
[43:28.120 --> 43:30.120] me, and put me right
[43:30.120 --> 43:32.120] in jail
[43:32.120 --> 43:34.120] so
[43:34.120 --> 43:36.120] hang on
[43:36.120 --> 43:38.120] you're going to have to wait in jail
[43:38.120 --> 43:40.120] until we come back from our break
[43:40.120 --> 43:42.120] you're just stuck in handcuffs
[43:42.120 --> 43:44.120] waiting in jail
[43:44.120 --> 43:46.120] alright, okay
[43:46.120 --> 43:48.120] Randy up
[43:48.120 --> 43:50.120] Randy
[43:50.120 --> 43:52.120] Felton, Brett Fountain
[43:52.120 --> 43:54.120] radio, our call in number
[43:54.120 --> 43:56.120] no, let's see, we got a
[43:56.120 --> 43:58.120] four board, so I won't give out the call in number, we'll be right
[43:58.120 --> 44:00.120] back
[44:00.120 --> 44:02.120] through advances in technology
[44:02.120 --> 44:04.120] our lives have greatly improved
[44:04.120 --> 44:06.120] except in the area of nutrition
[44:06.120 --> 44:08.120] people feed their pets better than
[44:08.120 --> 44:10.120] they feed themselves, and it's time we
[44:10.120 --> 44:12.120] changed all that, our primary
[44:12.120 --> 44:14.120] defense against aging and disease
[44:14.120 --> 44:16.120] in this toxic environment
[44:16.120 --> 44:18.120] is good nutrition
[44:18.120 --> 44:20.120] in a world where natural foods have been irradiated
[44:20.120 --> 44:22.120] adulterated and mutilated
[44:22.120 --> 44:24.120] Young Jevity can provide the
[44:24.120 --> 44:26.120] nutrients you need
[44:26.120 --> 44:28.120] Logos Radio Network gets many requests
[44:28.120 --> 44:30.120] to endorse all sorts of products
[44:30.120 --> 44:32.120] most of which we reject
[44:32.120 --> 44:34.120] we have come to trust Young Jevity so much
[44:34.120 --> 44:36.120] we became a marketing distributor
[44:36.120 --> 44:38.120] along with Alex Jones
[44:38.120 --> 44:40.120] Ben Fuchs and many others
[44:40.120 --> 44:42.120] when you order from Logos Radio Network.com
[44:42.120 --> 44:44.120] your health will improve
[44:44.120 --> 44:46.120] as you help support
[44:46.120 --> 44:48.120] quality radio
[44:48.120 --> 44:50.120] as you realize the benefits of Young Jevity
[44:50.120 --> 44:52.120] you may want to join us
[44:52.120 --> 44:54.120] as a distributor, you can experience
[44:54.120 --> 44:56.120] improved health, help your friends and
[44:56.120 --> 44:58.120] family, and increase your
[44:58.120 --> 45:00.120] income, order now
[45:00.120 --> 45:02.120] are you the plaintiff
[45:02.120 --> 45:04.120] or defendant in a lawsuit?
[45:04.120 --> 45:06.120] win your case without an attorney
[45:06.120 --> 45:08.120] with Juris Dictionary
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[45:18.120 --> 45:20.120] should be doing, if you don't have
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[45:58.120 --> 46:24.120] 866-LAW-EASY
[46:24.120 --> 46:26.120] always I must
[46:26.120 --> 46:28.120] be careful
[46:28.120 --> 46:30.120] what I'm wishing for
[46:30.120 --> 46:32.120] when I'm hungry
[46:32.120 --> 46:34.120] I like to know just what I'm
[46:34.120 --> 46:36.120] fishing for
[46:36.120 --> 46:38.120] I ain't asking for much
[46:38.120 --> 46:40.120] I ain't trying to be no glutton
[46:40.120 --> 46:42.120] I'm just here
[46:42.120 --> 46:44.120] making my living
[46:44.120 --> 46:46.120] pushing buttons
[46:46.120 --> 46:48.120] I get my message
[46:48.120 --> 46:50.120] out to anyone
[46:50.120 --> 46:52.120] in shout and distance
[46:52.120 --> 46:54.120] okay
[46:54.120 --> 46:56.120] we are back, Brandon Kelton, Brett
[46:56.120 --> 46:58.120] Fountain, Rule of Law Radio, and we're
[46:58.120 --> 47:00.120] talking to Ariel in New York
[47:00.120 --> 47:02.120] and we left off
[47:02.120 --> 47:04.120] with Ariel handcuffed in jail
[47:04.120 --> 47:06.120] in jail
[47:06.120 --> 47:08.120] so
[47:08.120 --> 47:10.120] I get handcuffed
[47:10.120 --> 47:12.120] I went to the
[47:12.120 --> 47:14.120] you know the court cell
[47:14.120 --> 47:16.120] after five hours they take
[47:16.120 --> 47:18.120] me in front of the screen with a judge
[47:18.120 --> 47:20.120] he said
[47:20.120 --> 47:22.120] we made silence
[47:22.120 --> 47:24.120] and you have a
[47:24.120 --> 47:26.120] $2 million bail
[47:26.120 --> 47:28.120] and from there
[47:28.120 --> 47:30.120] they took me to the county jail
[47:30.120 --> 47:32.120] $2 million, what were you charged with?
[47:32.120 --> 47:34.120] I don't know
[47:34.120 --> 47:36.120] yet, nobody has bothered to explain
[47:36.120 --> 47:38.120] me what are the charges
[47:38.120 --> 47:40.120] the public defender that I had disappeared
[47:40.120 --> 47:42.120] they didn't want to be there
[47:42.120 --> 47:44.120] she's on the same building but
[47:44.120 --> 47:46.120] disappeared, so nowhere to be found
[47:46.120 --> 47:48.120] so I get thrown
[47:48.120 --> 47:50.120] in the county jail
[47:50.120 --> 47:52.120] two weeks passed
[47:52.120 --> 47:54.120] and you know I
[47:54.120 --> 47:56.120] I was on suicide watch
[47:56.120 --> 47:58.120] I couldn't even use the phone or anything
[47:58.120 --> 48:00.120] so
[48:00.120 --> 48:02.120] after the two weeks then I
[48:02.120 --> 48:04.120] I got to meet with the new
[48:04.120 --> 48:06.120] public defender, they assigned
[48:06.120 --> 48:08.120] a new public defender
[48:08.120 --> 48:10.120] and then he explained to me, oh
[48:10.120 --> 48:12.120] that my ex-girlfriend
[48:12.120 --> 48:14.120] pressed charges of
[48:14.120 --> 48:16.120] six charges, they put
[48:16.120 --> 48:18.120] burglary, criminal use
[48:18.120 --> 48:20.120] of communication facility
[48:20.120 --> 48:22.120] invasion of privacy
[48:22.120 --> 48:24.120] rape while unconscious
[48:24.120 --> 48:26.120] sexual assault, and indecent
[48:26.120 --> 48:28.120] assault
[48:28.120 --> 48:30.120] and then that's what I get hit with
[48:30.120 --> 48:32.120] you know, the bad news
[48:34.120 --> 48:36.120] so I say, well when did this happen?
[48:36.120 --> 48:38.120] well, she said that it happened a
[48:38.120 --> 48:40.120] year
[48:40.120 --> 48:42.120] prior to
[48:42.120 --> 48:44.120] when I left
[48:44.120 --> 48:46.120] that day in January
[48:46.120 --> 48:48.120] so a year
[48:48.120 --> 48:50.120] before that, a year ago
[48:50.120 --> 48:52.120] supposedly that happened
[48:52.120 --> 48:54.120] so
[48:54.120 --> 48:56.120] did she produce any evidence or witnesses?
[48:56.120 --> 48:58.120] yeah, well
[48:58.120 --> 49:00.120] no witness and
[49:00.120 --> 49:02.120] we'll go to the evidence
[49:02.120 --> 49:04.120] she showed them a video of
[49:04.120 --> 49:06.120] her having
[49:06.120 --> 49:08.120] sex with someone that
[49:08.120 --> 49:10.120] legally you can't identify
[49:10.120 --> 49:12.120] the person, you cannot see the face
[49:12.120 --> 49:14.120] you cannot see any
[49:14.120 --> 49:16.120] marks, any tattoos
[49:16.120 --> 49:18.120] any scars, anything on the video
[49:18.120 --> 49:20.120] just
[49:20.120 --> 49:22.120] you know, the alleged
[49:22.120 --> 49:24.120] perpetrator just having
[49:24.120 --> 49:26.120] intercourse with her and she's laying on the bed
[49:26.120 --> 49:28.120] sleeping, so that's why
[49:28.120 --> 49:30.120] they say it's rape while unconscious
[49:30.120 --> 49:32.120] she said that she
[49:32.120 --> 49:34.120] goes to sleep and takes sleeping
[49:34.120 --> 49:36.120] medication and she was
[49:36.120 --> 49:38.120] sleeping and
[49:38.120 --> 49:40.120] allegedly I broke into the house
[49:40.120 --> 49:42.120] and raped
[49:42.120 --> 49:44.120] her and then left
[49:44.120 --> 49:46.120] so in the morning
[49:46.120 --> 49:48.120] wait a minute, wait a minute
[49:48.120 --> 49:50.120] does she
[49:50.120 --> 49:52.120] have any kids or
[49:52.120 --> 49:54.120] anybody who's a witness?
[49:54.120 --> 49:56.120] no
[49:56.120 --> 49:58.120] no kids, there's no
[49:58.120 --> 50:00.120] witness, I used to live with her
[50:00.120 --> 50:02.120] does she have a
[50:02.120 --> 50:04.120] rape kit?
[50:04.120 --> 50:06.120] no rape kit, no
[50:06.120 --> 50:08.120] 911 call
[50:08.120 --> 50:10.120] she did not go to a doctor
[50:10.120 --> 50:12.120] to a hospital
[50:12.120 --> 50:14.120] so pretty much the only
[50:14.120 --> 50:16.120] evidence is that video that she has
[50:16.120 --> 50:18.120] and then she showed
[50:18.120 --> 50:20.120] is that the only, okay so that's the only
[50:20.120 --> 50:22.120] way she knows she was raped?
[50:22.120 --> 50:24.120] right, that's the only way
[50:24.120 --> 50:26.120] so where'd the video
[50:26.120 --> 50:28.120] come from?
[50:28.120 --> 50:30.120] on her phone, so when she
[50:30.120 --> 50:32.120] woke up in the morning she saw
[50:32.120 --> 50:34.120] her phone and she saw that video
[50:34.120 --> 50:36.120] that the alleged perpetrator
[50:36.120 --> 50:38.120] grabbed her phone
[50:38.120 --> 50:40.120] and record
[50:40.120 --> 50:42.120] while he was having intercourse with her
[50:42.120 --> 50:44.120] and
[50:44.120 --> 50:46.120] she said oh that's me
[50:48.120 --> 50:50.120] so this is where it
[50:50.120 --> 50:52.120] started getting crazy
[50:52.120 --> 50:54.120] because you know if she
[50:54.120 --> 50:56.120] was sleeping she doesn't know
[50:56.120 --> 50:58.120] who was
[50:58.120 --> 51:00.120] the person raping her
[51:00.120 --> 51:02.120] okay, so far
[51:02.120 --> 51:04.120] they have no evidence
[51:04.120 --> 51:06.120] right, so
[51:06.120 --> 51:08.120] yeah
[51:08.120 --> 51:10.120] they used the video
[51:10.120 --> 51:12.120] as an evidence
[51:14.120 --> 51:16.120] okay
[51:16.120 --> 51:18.120] clearly that's not evidence
[51:18.120 --> 51:20.120] that can
[51:20.120 --> 51:22.120] post in trial
[51:22.120 --> 51:24.120] well it's evidence but
[51:24.120 --> 51:26.120] not all the pieces that need to be there
[51:26.120 --> 51:28.120] it's evidence that she
[51:28.120 --> 51:30.120] that somebody was there with her
[51:30.120 --> 51:32.120] but it didn't get evidence
[51:32.120 --> 51:34.120] of who
[51:34.120 --> 51:36.120] somebody had sex with her while she had her eyes closed
[51:36.120 --> 51:38.120] yeah
[51:38.120 --> 51:40.120] it doesn't go to the unconscious element
[51:40.120 --> 51:42.120] she has to be unconscious
[51:42.120 --> 51:44.120] there's to know
[51:44.120 --> 51:46.120] she's not just pretending
[51:46.120 --> 51:48.120] did you see the whole video?
[51:48.120 --> 51:50.120] yes, I saw the video
[51:50.120 --> 51:52.120] I cannot recognize who
[51:52.120 --> 51:54.120] that person is
[51:54.120 --> 51:56.120] again it doesn't show
[51:56.120 --> 51:58.120] it just shows the actual
[51:58.120 --> 52:00.120] intercourse
[52:00.120 --> 52:02.120] it's like zooming there
[52:02.120 --> 52:04.120] you know it panned the video panel
[52:04.120 --> 52:06.120] to her face
[52:06.120 --> 52:08.120] and just showing her with the eyes closed
[52:08.120 --> 52:10.120] that's it
[52:10.120 --> 52:12.120] okay so someone was
[52:12.120 --> 52:14.120] having sex with her
[52:14.120 --> 52:16.120] and someone else
[52:16.120 --> 52:18.120] was videoing it
[52:18.120 --> 52:20.120] right, because it's not going to
[52:20.120 --> 52:22.120] pan all by itself if she just sets it up
[52:22.120 --> 52:24.120] and goes over there
[52:24.120 --> 52:26.120] or he either one
[52:26.120 --> 52:28.120] her allegation is that
[52:28.120 --> 52:30.120] well in this case
[52:30.120 --> 52:32.120] it means that
[52:32.120 --> 52:34.120] I grab her phone
[52:34.120 --> 52:36.120] she has a pass block
[52:36.120 --> 52:38.120] so I guess I hack into her phone
[52:38.120 --> 52:40.120] and open it
[52:40.120 --> 52:42.120] and record the act
[52:42.120 --> 52:44.120] and then left the phone there and then I just
[52:44.120 --> 52:46.120] split the scene
[52:46.120 --> 52:48.120] so
[52:48.120 --> 52:50.120] were you living with her at that time?
[52:50.120 --> 52:52.120] I was living with her
[52:52.120 --> 52:54.120] at the time that supposedly
[52:54.120 --> 52:56.120] she says that it happened
[52:56.120 --> 52:58.120] in summer of the previous year
[52:58.120 --> 53:00.120] 2018
[53:00.120 --> 53:02.120] okay well the video
[53:02.120 --> 53:04.120] will have a timestamp on it
[53:04.120 --> 53:06.120] yeah metadata
[53:06.120 --> 53:08.120] yeah it didn't
[53:08.120 --> 53:10.120] so they
[53:10.120 --> 53:12.120] struck her phone
[53:12.120 --> 53:14.120] stop stop you went past that way too quick
[53:14.120 --> 53:16.120] you're saying it did not?
[53:16.120 --> 53:18.120] it did not
[53:18.120 --> 53:20.120] on the screen it did not have
[53:20.120 --> 53:22.120] any time and dimension
[53:22.120 --> 53:24.120] no it doesn't have to be on the screen
[53:24.120 --> 53:26.120] that's a different layer of storage
[53:26.120 --> 53:28.120] it's also got a layer for data storage
[53:28.120 --> 53:30.120] where it can stamp
[53:30.120 --> 53:32.120] what's called SMPTE code
[53:32.120 --> 53:34.120] it's a time
[53:34.120 --> 53:36.120] measurement that's electronically
[53:36.120 --> 53:38.120] recorded
[53:38.120 --> 53:40.120] your telephone knows
[53:40.120 --> 53:42.120] what time it is in the world
[53:42.120 --> 53:44.120] right
[53:44.120 --> 53:46.120] and it will put that
[53:46.120 --> 53:48.120] in there whether she knows it's
[53:48.120 --> 53:50.120] doing it or not how technical
[53:50.120 --> 53:52.120] savvy is this woman?
[53:52.120 --> 53:54.120] not technical
[53:54.120 --> 53:56.120] savvy at all
[53:56.120 --> 53:58.120] she probably doesn't know there's
[53:58.120 --> 54:00.120] metadata
[54:00.120 --> 54:02.120] but according
[54:02.120 --> 54:04.120] to the investigation they
[54:04.120 --> 54:06.120] they scan her phone
[54:06.120 --> 54:08.120] and they get
[54:08.120 --> 54:10.120] the video but it has no
[54:10.120 --> 54:12.120] metadata at all
[54:12.120 --> 54:14.120] according to the police
[54:14.120 --> 54:16.120] they don't not have
[54:16.120 --> 54:18.120] then it's been tampered with
[54:18.120 --> 54:20.120] then it's not
[54:20.120 --> 54:22.120] yeah exactly because it would
[54:22.120 --> 54:24.120] wipe out those data spaces
[54:24.120 --> 54:26.120] but they're not going to be
[54:26.120 --> 54:28.120] blind to start with
[54:28.120 --> 54:30.120] yeah I'm not
[54:30.120 --> 54:32.120] okay so
[54:32.120 --> 54:34.120] so far they got squat
[54:34.120 --> 54:36.120] so where are you now?
[54:36.120 --> 54:38.120] so
[54:38.120 --> 54:40.120] I stayed in jail
[54:40.120 --> 54:42.120] a year past
[54:42.120 --> 54:44.120] where they were postponing the trial
[54:44.120 --> 54:46.120] you know like three times
[54:46.120 --> 54:48.120] four times until I got
[54:48.120 --> 54:50.120] really angry
[54:50.120 --> 54:52.120] at the public defender so I fired
[54:52.120 --> 54:54.120] him and I decided
[54:54.120 --> 54:56.120] to hire a lawyer that
[54:56.120 --> 54:58.120] it's private but she works
[54:58.120 --> 55:00.120] you know like two blocks away from the court
[55:00.120 --> 55:02.120] so she comes in
[55:02.120 --> 55:04.120] and at least she got to
[55:04.120 --> 55:06.120] get me out of jail with
[55:06.120 --> 55:08.120] a GPS ankle
[55:08.120 --> 55:10.120] bracelet so
[55:10.120 --> 55:12.120] they schedule a new trial day
[55:12.120 --> 55:14.120] and
[55:14.120 --> 55:16.120] we go to trial so
[55:16.120 --> 55:18.120] to all this she allowed
[55:18.120 --> 55:20.120] that video to make it to
[55:20.120 --> 55:22.120] evidence they also
[55:22.120 --> 55:24.120] had a screenshot of a text
[55:24.120 --> 55:26.120] where supposedly I
[55:26.120 --> 55:28.120] incriminated myself but it was
[55:28.120 --> 55:30.120] a screenshot it wasn't even from her
[55:30.120 --> 55:32.120] phone and the text
[55:32.120 --> 55:34.120] was never on her phone so
[55:34.120 --> 55:36.120] I don't know where they got that
[55:36.120 --> 55:38.120] screenshot so they presented
[55:38.120 --> 55:40.120] easy to make
[55:40.120 --> 55:42.120] really easy to make
[55:42.120 --> 55:44.120] they're really easy to make but
[55:44.120 --> 55:46.120] not only that the text itself
[55:46.120 --> 55:48.120] didn't have a time stamp on it
[55:48.120 --> 55:50.120] which every text has the time
[55:50.120 --> 55:52.120] next to it
[55:52.120 --> 55:54.120] and it didn't have
[55:54.120 --> 55:56.120] you know
[55:56.120 --> 55:58.120] anything that can collaborate
[55:58.120 --> 56:00.120] to when the text was scanned
[56:00.120 --> 56:02.120] but they admitted that as well
[56:02.120 --> 56:04.120] so the only piece of
[56:04.120 --> 56:06.120] evidence is that video in that
[56:06.120 --> 56:08.120] screenshot and it made
[56:08.120 --> 56:10.120] it to a trial
[56:10.120 --> 56:12.120] Did you object to
[56:12.120 --> 56:14.120] that evidence being admitted?
[56:14.120 --> 56:16.120] I
[56:16.120 --> 56:18.120] argued many times with the lawyer
[56:18.120 --> 56:20.120] but she said no not arguing with the
[56:20.120 --> 56:22.120] lawyer I'm saying objecting in
[56:22.120 --> 56:24.120] when
[56:24.120 --> 56:26.120] they're trying to admit it as evidence
[56:26.120 --> 56:28.120] there's a
[56:28.120 --> 56:30.120] like a membrane that things
[56:30.120 --> 56:32.120] have to go through before they're
[56:32.120 --> 56:34.120] as they're being introduced into
[56:34.120 --> 56:36.120] evidence
[56:36.120 --> 56:38.120] it has to be admissible
[56:38.120 --> 56:40.120] and there's a moment there where you have
[56:40.120 --> 56:42.120] where you can object before they're
[56:42.120 --> 56:44.120] allowed to even put it on the record but that's
[56:44.120 --> 56:46.120] not the judge's job
[56:46.120 --> 56:48.120] That's your lawyer's job
[56:48.120 --> 56:50.120] Yeah
[56:50.120 --> 56:52.120] so that's why I'm saying that I told her
[56:52.120 --> 56:54.120] that evidence cannot
[56:54.120 --> 56:56.120] be admitted there's no way you can let
[56:56.120 --> 56:58.120] that go into
[56:58.120 --> 57:00.120] the record and she said well
[57:00.120 --> 57:02.120] the judge is going to do whatever he wants
[57:02.120 --> 57:04.120] and he decided to
[57:04.120 --> 57:06.120] No you need to file a motion to strike
[57:06.120 --> 57:08.120] that evidence as being
[57:08.120 --> 57:10.120] inadmissible
[57:10.120 --> 57:12.120] Let's get to where you're at now and then we'll
[57:12.120 --> 57:14.120] figure out how to back up
[57:14.120 --> 57:16.120] So we go through the
[57:16.120 --> 57:18.120] trial and
[57:18.120 --> 57:20.120] the outcome was
[57:20.120 --> 57:22.120] a mistrial a hung
[57:22.120 --> 57:24.120] jury so nine of the juries said
[57:24.120 --> 57:26.120] not guilty and three
[57:26.120 --> 57:28.120] of them said guilty of the rape
[57:28.120 --> 57:30.120] charges but they acquitted me
[57:30.120 --> 57:32.120] for the burglary because she said I
[57:32.120 --> 57:34.120] broke into her house and
[57:34.120 --> 57:36.120] so I was not
[57:36.120 --> 57:38.120] guilty of burglary so that
[57:38.120 --> 57:40.120] I left them with only the sex
[57:40.120 --> 57:42.120] charges so
[57:42.120 --> 57:44.120] it's a hung jury
[57:44.120 --> 57:46.120] file is over I get to go home but
[57:46.120 --> 57:48.120] I still have my bail
[57:48.120 --> 57:50.120] conditions where I have to
[57:50.120 --> 57:52.120] report to a parole
[57:52.120 --> 57:54.120] officer every two weeks
[57:54.120 --> 57:56.120] and that's where we're
[57:56.120 --> 57:58.120] standing right now
[57:58.120 --> 58:00.120] Okay
[58:00.120 --> 58:02.120] I will before I
[58:02.120 --> 58:04.120] can really give any
[58:04.120 --> 58:06.120] definitive
[58:06.120 --> 58:08.120] suggestions
[58:08.120 --> 58:10.120] I need to see your timeline
[58:10.120 --> 58:12.120] Okay
[58:12.120 --> 58:14.120] well I sent it to you
[58:14.120 --> 58:16.120] we're exchanging emails so
[58:16.120 --> 58:18.120] you might have it on your email
[58:20.120 --> 58:22.120] Resend it
[58:22.120 --> 58:24.120] so it comes to the top I get lots of
[58:24.120 --> 58:26.120] emails
[58:26.120 --> 58:28.120] Okay
[58:28.120 --> 58:30.120] It sounds like this has got so many pieces to it
[58:30.120 --> 58:32.120] there's a lot going on in this story
[58:32.120 --> 58:34.120] And I'm old
[58:34.120 --> 58:36.120] and I sleep there
[58:36.120 --> 58:38.120] before I forget
[58:38.120 --> 58:40.120] and I'm extremely busy so you have to keep
[58:40.120 --> 58:42.120] hounding me
[58:42.120 --> 58:44.120] Hang on with Brenda Kelton, Brett Fountain
[58:44.120 --> 58:46.120] and we'll be right back
[58:50.120 --> 58:52.120] Would you like to make more definite
[58:52.120 --> 58:54.120] progress in your walk with God?
[58:54.120 --> 58:56.120] Bibles for America is offering
[58:56.120 --> 58:58.120] a free study Bible and
[58:58.120 --> 59:00.120] a set of free Christian books that can really
[59:00.120 --> 59:02.120] help. The New Testament recovery
[59:02.120 --> 59:04.120] version is one of the most comprehensive
[59:04.120 --> 59:06.120] study Bibles available today
[59:06.120 --> 59:08.120] It's an accurate translation and it contains
[59:08.120 --> 59:10.120] thousands of footnotes that will help
[59:10.120 --> 59:12.120] you to know God and to know the meaning
[59:12.120 --> 59:14.120] of life. The free books
[59:14.120 --> 59:16.120] are a three volume set called
[59:16.120 --> 59:18.120] Basic Elements of the Christian Life
[59:18.120 --> 59:20.120] Chapter by chapter Basic Elements
[59:20.120 --> 59:22.120] of the Christian Life clearly presents
[59:22.120 --> 59:24.120] God's plan of salvation
[59:24.120 --> 59:26.120] growing in Christ and how
[59:26.120 --> 59:28.120] to build up the church. To order
[59:28.120 --> 59:30.120] your free New Testament recovery version
[59:30.120 --> 59:32.120] and Basic Elements
[59:32.120 --> 59:34.120] of the Christian Life, call
[59:34.120 --> 59:36.120] Bibles for America toll free
[59:36.120 --> 59:40.120] at 888-551-0102
[59:40.120 --> 59:44.120] That's 888-551-0102
[59:44.120 --> 59:46.120] or visit us online
[59:46.120 --> 01:00:00.120] at BFA.org
[01:00:00.120 --> 01:00:04.120] The Bill of Rights contains the first 10
[01:00:04.120 --> 01:00:06.120] amendments of our Constitution. They
[01:00:06.120 --> 01:00:08.120] guarantee the specific freedoms Americans
[01:00:08.120 --> 01:00:10.120] should know and protect. Our liberty depends
[01:00:10.120 --> 01:00:12.120] on it. I'm Dr. Catherine Albrecht
[01:00:12.120 --> 01:00:14.120] and I'll be right back with an unforgettable
[01:00:14.120 --> 01:00:16.120] way to remember one of your constitutional
[01:00:16.120 --> 01:00:18.120] rights. Privacy is
[01:00:18.120 --> 01:00:20.120] under attack. When you give up data
[01:00:20.120 --> 01:00:22.120] about yourself you'll never get it back
[01:00:22.120 --> 01:00:24.120] again and once your privacy is gone
[01:00:24.120 --> 01:00:26.120] you'll find your freedoms will
[01:00:26.120 --> 01:00:28.120] start to vanish too. So protect
[01:00:28.120 --> 01:00:30.120] your rights. Say no to surveillance
[01:00:30.120 --> 01:00:32.120] and keep your information to yourself.
[01:00:32.120 --> 01:00:34.120] Privacy, it's worth
[01:00:34.120 --> 01:00:36.120] hanging on to. This public service
[01:00:36.120 --> 01:00:38.120] announcement is brought to you by StartPage.com
[01:00:38.120 --> 01:00:40.120] the private search engine
[01:00:40.120 --> 01:00:42.120] alternative to Google, Yahoo
[01:00:42.120 --> 01:00:44.120] and Bing. Start over with
[01:00:44.120 --> 01:00:46.120] StartPage.
[01:00:46.120 --> 01:00:48.120] Imagine your mom and dad are getting ready
[01:00:48.120 --> 01:00:50.120] for bed. They pull back the covers
[01:00:50.120 --> 01:00:52.120] and find a third party there.
[01:00:52.120 --> 01:00:54.120] He announces, I'm with the military and I'm
[01:00:54.120 --> 01:00:56.120] sleeping here tonight. That shocking image
[01:00:56.120 --> 01:00:58.120] of a third party in my parents bed reminds
[01:00:58.120 --> 01:01:00.120] me what the Third Amendment was designed
[01:01:00.120 --> 01:01:02.120] to prevent. It protects us from being
[01:01:02.120 --> 01:01:04.120] forced to share our homes with soldiers
[01:01:04.120 --> 01:01:06.120] a common demand in the days of our founding
[01:01:06.120 --> 01:01:08.120] fathers. Third party,
[01:01:08.120 --> 01:01:10.120] Third Amendment, get it? So if you
[01:01:10.120 --> 01:01:12.120] answer a knock at your door and guys in
[01:01:12.120 --> 01:01:14.120] fatigues demand lodging, tell them to dust off
[01:01:14.120 --> 01:01:16.120] their copy of the Bill of Rights and
[01:01:16.120 --> 01:01:18.120] re-read the Third Amendment. I'm Dr.
[01:01:18.120 --> 01:01:20.120] Catherine Albrecht. More news and information
[01:01:20.120 --> 01:01:22.120] at CatherineAlbrecht.com.
[01:01:32.120 --> 01:01:34.120] The Bill of Rights contains the first
[01:01:34.120 --> 01:01:36.120] ten amendments of our Constitution.
[01:01:36.120 --> 01:01:38.120] They guarantee the specific freedoms Americans
[01:01:38.120 --> 01:01:40.120] should know and protect. Our liberty
[01:01:40.120 --> 01:01:42.120] depends on it. I'm Dr. Catherine Albrecht
[01:01:42.120 --> 01:01:44.120] and I'll be right back with an unforgettable
[01:01:44.120 --> 01:01:46.120] way to remember one of your constitutional
[01:01:46.120 --> 01:01:48.120] rights. Privacy is
[01:01:48.120 --> 01:01:50.120] under attack. When you give up data
[01:01:50.120 --> 01:01:52.120] about yourself, you'll never get it back
[01:01:52.120 --> 01:01:54.120] again. And once your privacy is gone,
[01:01:54.120 --> 01:01:56.120] you'll find your freedoms will
[01:01:56.120 --> 01:01:58.120] start to vanish too. So protect
[01:01:58.120 --> 01:02:00.120] your rights. Say no to surveillance
[01:02:00.120 --> 01:02:02.120] and keep your information to yourself.
[01:02:02.120 --> 01:02:04.120] Privacy, it's worth
[01:02:04.120 --> 01:02:06.120] hanging on to. This public service
[01:02:06.120 --> 01:02:08.120] announcement is brought to you by StartPage.com,
[01:02:08.120 --> 01:02:10.120] the private search engine
[01:02:10.120 --> 01:02:12.120] alternative to Google, Yahoo
[01:02:12.120 --> 01:02:14.120] and Bing. Start over with
[01:02:14.120 --> 01:02:16.120] StartPage.
[01:02:16.120 --> 01:02:18.120] Imagine four eyes staring at
[01:02:18.120 --> 01:02:20.120] you through binoculars, a magnifying glass
[01:02:20.120 --> 01:02:22.120] or a pair of x-ray goggles.
[01:02:22.120 --> 01:02:24.120] That imagery reminds me that the Fourth Amendment
[01:02:24.120 --> 01:02:26.120] guarantees Americans freedom from
[01:02:26.120 --> 01:02:28.120] unreasonable search and seizure.
[01:02:28.120 --> 01:02:30.120] Fourth Amendment? Four eyes staring at
[01:02:30.120 --> 01:02:32.120] you? Get it? Unfortunately, the
[01:02:32.120 --> 01:02:34.120] government is trampling our Fourth Amendment rights
[01:02:34.120 --> 01:02:36.120] in the name of security. Case in point,
[01:02:36.120 --> 01:02:38.120] TSA airport scanners
[01:02:38.120 --> 01:02:40.120] that peer under your clothing.
[01:02:40.120 --> 01:02:42.120] When government employees demand a peep at your
[01:02:42.120 --> 01:02:44.120] privates without probable cause, I
[01:02:44.120 --> 01:02:46.120] say it's time to sound the constitutional
[01:02:46.120 --> 01:02:48.120] alarm bells. Join me in asking our
[01:02:48.120 --> 01:02:50.120] representatives to dust off the Bill of Rights
[01:02:50.120 --> 01:02:52.120] and use their googly eyes to take
[01:02:52.120 --> 01:02:54.120] a gander at the Fourth.
[01:02:54.120 --> 01:02:56.120] I'm Dr. Catherine Albrecht. More news and information
[01:02:56.120 --> 01:03:04.120] at CatherineAlbrecht.com.
[01:03:26.120 --> 01:03:32.120] I won't pay for the war with my body.
[01:03:32.120 --> 01:03:36.120] Ain't gonna pay for the car with my money.
[01:03:36.120 --> 01:03:40.120] I won't pay for the fun with my body.
[01:03:40.120 --> 01:03:42.120] Cause their plans wicked and their logic shoddy.
[01:03:42.120 --> 01:03:44.120] Okay, we are back.
[01:03:44.120 --> 01:03:46.120] Randy Kelton, Brett Fountain, Louisville Law Radio
[01:03:46.120 --> 01:03:48.120] and we're talking to Ariel
[01:03:48.120 --> 01:03:50.120] in New York.
[01:03:50.120 --> 01:03:52.120] Okay, Ariel.
[01:03:52.120 --> 01:03:54.120] Yes.
[01:03:54.120 --> 01:03:56.120] But this is a Pennsylvania issue, right?
[01:03:56.120 --> 01:03:58.120] Yes, this is.
[01:03:58.120 --> 01:04:00.120] The case is in Pennsylvania.
[01:04:02.120 --> 01:04:04.120] Give me the
[01:04:04.120 --> 01:04:06.120] timeline. I can speak
[01:04:06.120 --> 01:04:08.120] more definitively
[01:04:08.120 --> 01:04:10.120] once I have that in hand
[01:04:10.120 --> 01:04:12.120] because there will be
[01:04:12.120 --> 01:04:14.120] issues that I
[01:04:14.120 --> 01:04:16.120] will look for that you may not
[01:04:16.120 --> 01:04:18.120] necessarily know are important.
[01:04:20.120 --> 01:04:22.120] I will look between the gaps
[01:04:22.120 --> 01:04:24.120] and pretty well
[01:04:24.120 --> 01:04:26.120] know what should be done and what wasn't
[01:04:26.120 --> 01:04:28.120] done.
[01:04:28.120 --> 01:04:30.120] So before I can really say too much
[01:04:30.120 --> 01:04:32.120] I need to see a timeline.
[01:04:32.120 --> 01:04:34.120] And if you've already sent it to me
[01:04:34.120 --> 01:04:36.120] send it again because
[01:04:36.120 --> 01:04:38.120] I get lots of emails and
[01:04:38.120 --> 01:04:40.120] I'm trying to
[01:04:40.120 --> 01:04:42.120] remember your case. I don't remember
[01:04:42.120 --> 01:04:44.120] getting anything on this
[01:04:44.120 --> 01:04:46.120] particular case. I've got about
[01:04:46.120 --> 01:04:48.120] five or six
[01:04:48.120 --> 01:04:50.120] that I'm looking at but this
[01:04:50.120 --> 01:04:52.120] doesn't ring any bells.
[01:04:52.120 --> 01:04:54.120] So
[01:04:54.120 --> 01:04:56.120] send it to me again, Randy, at
[01:04:56.120 --> 01:05:00.120] ruleoflawradio.com
[01:05:00.120 --> 01:05:02.120] and I'll
[01:05:02.120 --> 01:05:04.120] have a look at it and I will
[01:05:04.120 --> 01:05:06.120] give you an assignment.
[01:05:06.120 --> 01:05:08.120] Perfect.
[01:05:08.120 --> 01:05:10.120] To get me
[01:05:10.120 --> 01:05:12.120] I'll know what I need to get and I'll
[01:05:12.120 --> 01:05:14.120] give you an assignment.
[01:05:14.120 --> 01:05:16.120] Okay, yeah.
[01:05:16.120 --> 01:05:18.120] I mean the last
[01:05:18.120 --> 01:05:20.120] you know what we're standing right now
[01:05:20.120 --> 01:05:22.120] is that you know on record
[01:05:22.120 --> 01:05:24.120] last year the judge told
[01:05:24.120 --> 01:05:26.120] the DA well you have until September
[01:05:26.120 --> 01:05:28.120] 1st, 2022
[01:05:28.120 --> 01:05:30.120] to do something about it.
[01:05:30.120 --> 01:05:32.120] So she throughout the
[01:05:32.120 --> 01:05:34.120] whole year I did not hear from
[01:05:34.120 --> 01:05:36.120] her. Everything quiet but
[01:05:36.120 --> 01:05:38.120] now after September
[01:05:38.120 --> 01:05:40.120] 1st then my lawyer calls me and say well
[01:05:40.120 --> 01:05:42.120] the DA wants
[01:05:42.120 --> 01:05:44.120] to give you a simple assault and
[01:05:44.120 --> 01:05:46.120] she will drop all the charges.
[01:05:46.120 --> 01:05:48.120] No, so.
[01:05:48.120 --> 01:05:50.120] Okay. I want to
[01:05:50.120 --> 01:05:52.120] say tell her to go scratch but
[01:05:52.120 --> 01:05:54.120] it's your
[01:05:54.120 --> 01:05:56.120] liberty
[01:05:56.120 --> 01:05:58.120] we're looking at.
[01:05:58.120 --> 01:06:00.120] Almost certainly
[01:06:00.120 --> 01:06:02.120] you should have your lawyer file
[01:06:02.120 --> 01:06:04.120] a motion
[01:06:04.120 --> 01:06:06.120] to dismiss for denial
[01:06:06.120 --> 01:06:08.120] of speedy trial.
[01:06:08.120 --> 01:06:10.120] Of your constitutional
[01:06:10.120 --> 01:06:12.120] right to a speedy trial.
[01:06:12.120 --> 01:06:14.120] Right,
[01:06:14.120 --> 01:06:16.120] yeah well the excuse at the time was
[01:06:16.120 --> 01:06:18.120] the call there
[01:06:18.120 --> 01:06:20.120] because it hit on 2020 and they say
[01:06:20.120 --> 01:06:22.120] well we have.
[01:06:22.120 --> 01:06:24.120] It's not an excuse.
[01:06:24.120 --> 01:06:26.120] Objection, relevance.
[01:06:26.120 --> 01:06:28.120] There's nothing in the law
[01:06:28.120 --> 01:06:30.120] that allows them to violate
[01:06:30.120 --> 01:06:32.120] the constitutional requirement
[01:06:32.120 --> 01:06:34.120] for a speedy trial because
[01:06:34.120 --> 01:06:36.120] there is a pandemic and that's been
[01:06:36.120 --> 01:06:38.120] adjudicated by the courts numerous times.
[01:06:38.120 --> 01:06:40.120] Perfect.
[01:06:40.120 --> 01:06:42.120] Yeah, so
[01:06:42.120 --> 01:06:44.120] that's why you know
[01:06:44.120 --> 01:06:46.120] like my main question was going to be
[01:06:46.120 --> 01:06:48.120] you know should I
[01:06:48.120 --> 01:06:50.120] I don't want to take the plea
[01:06:50.120 --> 01:06:52.120] because definitely
[01:06:52.120 --> 01:06:54.120] you know.
[01:06:54.120 --> 01:06:56.120] Okay,
[01:06:56.120 --> 01:06:58.120] I'm glad you said that because
[01:06:58.120 --> 01:07:00.120] if they had all this
[01:07:00.120 --> 01:07:02.120] stuff and they held you for
[01:07:02.120 --> 01:07:04.120] a year in jail they probably
[01:07:04.120 --> 01:07:06.120] realized they don't have squat
[01:07:06.120 --> 01:07:08.120] and that's why they offered you
[01:07:08.120 --> 01:07:10.120] simple assault
[01:07:10.120 --> 01:07:12.120] and they will threaten you
[01:07:12.120 --> 01:07:14.120] all the way up to
[01:07:14.120 --> 01:07:16.120] the courthouse steps.
[01:07:16.120 --> 01:07:18.120] Right.
[01:07:18.120 --> 01:07:20.120] You now toss it.
[01:07:20.120 --> 01:07:22.120] So I can be certain that
[01:07:22.120 --> 01:07:24.120] they are not going to
[01:07:24.120 --> 01:07:26.120] she's not
[01:07:26.120 --> 01:07:28.120] going to tend to retrial the whole thing
[01:07:28.120 --> 01:07:30.120] given the fact that even the burglary
[01:07:30.120 --> 01:07:32.120] was acquitted so that
[01:07:32.120 --> 01:07:34.120] will throw off you know her
[01:07:34.120 --> 01:07:36.120] story. Now what can she say
[01:07:36.120 --> 01:07:38.120] now if there was no burglary
[01:07:38.120 --> 01:07:40.120] for?
[01:07:40.120 --> 01:07:42.120] It
[01:07:42.120 --> 01:07:44.120] sounds like you have a really good case.
[01:07:44.120 --> 01:07:46.120] But
[01:07:46.120 --> 01:07:48.120] when you ask me
[01:07:48.120 --> 01:07:50.120] to
[01:07:50.120 --> 01:07:52.120] suggest that you do something
[01:07:52.120 --> 01:07:54.120] that will affect
[01:07:54.120 --> 01:07:56.120] your liberty
[01:07:56.120 --> 01:07:58.120] I get real nervous.
[01:07:58.120 --> 01:08:00.120] It's
[01:08:00.120 --> 01:08:02.120] easier for me to pop off and say
[01:08:02.120 --> 01:08:04.120] oh you ought to do this, you ought to do that or the other.
[01:08:04.120 --> 01:08:06.120] But then it's
[01:08:06.120 --> 01:08:08.120] not my liberty. I'm not the one
[01:08:08.120 --> 01:08:10.120] that's likely to go to jail if we do
[01:08:10.120 --> 01:08:12.120] this wrong.
[01:08:12.120 --> 01:08:14.120] Right. If I give
[01:08:14.120 --> 01:08:16.120] you bad advice and you wind up
[01:08:16.120 --> 01:08:18.120] you're going to wind up in jail not me.
[01:08:18.120 --> 01:08:20.120] So
[01:08:20.120 --> 01:08:22.120] I'm going to be real reluctant
[01:08:22.120 --> 01:08:24.120] to tell you what you should
[01:08:24.120 --> 01:08:26.120] do. I'll tell you
[01:08:26.120 --> 01:08:28.120] what I think is going on
[01:08:28.120 --> 01:08:30.120] and if
[01:08:30.120 --> 01:08:32.120] they dropped it to a simple assault
[01:08:32.120 --> 01:08:34.120] class C misdemeanor
[01:08:34.120 --> 01:08:36.120] that's a pretty
[01:08:36.120 --> 01:08:38.120] dramatic drop.
[01:08:38.120 --> 01:08:40.120] Okay
[01:08:40.120 --> 01:08:42.120] you're sitting at a poker table.
[01:08:42.120 --> 01:08:44.120] Consider that
[01:08:44.120 --> 01:08:46.120] a poker move.
[01:08:46.120 --> 01:08:48.120] Right.
[01:08:48.120 --> 01:08:50.120] The guy gets
[01:08:50.120 --> 01:08:52.120] a deal and he draws
[01:08:52.120 --> 01:08:54.120] two cards.
[01:08:56.120 --> 01:08:58.120] And then
[01:08:58.120 --> 01:09:00.120] he wants to play
[01:09:00.120 --> 01:09:02.120] a pair
[01:09:02.120 --> 01:09:04.120] of deuces.
[01:09:06.120 --> 01:09:08.120] Something's
[01:09:08.120 --> 01:09:10.120] wrong here. That's too big a
[01:09:10.120 --> 01:09:12.120] jump down. She wanted this thing to go away.
[01:09:12.120 --> 01:09:14.120] Right.
[01:09:14.120 --> 01:09:16.120] Without dismissing because you know
[01:09:16.120 --> 01:09:18.120] that's not an option.
[01:09:18.120 --> 01:09:20.120] If they dismiss you can
[01:09:20.120 --> 01:09:22.120] sue them.
[01:09:22.120 --> 01:09:24.120] New Supreme Court rule.
[01:09:24.120 --> 01:09:26.120] That's exactly what I think it is.
[01:09:26.120 --> 01:09:28.120] They just don't want to dismiss it because
[01:09:28.120 --> 01:09:30.120] they already know
[01:09:30.120 --> 01:09:32.120] everything
[01:09:32.120 --> 01:09:34.120] that I have gone through at this point.
[01:09:34.120 --> 01:09:36.120] Yeah.
[01:09:36.120 --> 01:09:38.120] And they kept you in jail
[01:09:38.120 --> 01:09:40.120] for a year. That's a really, really big
[01:09:40.120 --> 01:09:42.120] deal.
[01:09:42.120 --> 01:09:44.120] Yes. They dismiss
[01:09:44.120 --> 01:09:46.120] the you can sue for false imprisonment.
[01:09:46.120 --> 01:09:48.120] She's not going to want to
[01:09:48.120 --> 01:09:50.120] dismiss.
[01:09:50.120 --> 01:09:52.120] Okay.
[01:09:54.120 --> 01:09:56.120] I'm thinking
[01:09:56.120 --> 01:09:58.120] how could
[01:09:58.120 --> 01:10:00.120] you beat them on procedure?
[01:10:02.120 --> 01:10:04.120] If you drop
[01:10:04.120 --> 01:10:06.120] if she drops
[01:10:06.120 --> 01:10:08.120] everything that they have
[01:10:08.120 --> 01:10:10.120] now. They don't have simple assault
[01:10:10.120 --> 01:10:12.120] with you. Against you do
[01:10:12.120 --> 01:10:14.120] they?
[01:10:14.120 --> 01:10:16.120] No because that's from remember from the
[01:10:16.120 --> 01:10:18.120] first case. So it was supposed to be trial
[01:10:18.120 --> 01:10:20.120] both cases
[01:10:20.120 --> 01:10:22.120] together and she decided no we're not going to
[01:10:22.120 --> 01:10:24.120] pursue the first case.
[01:10:24.120 --> 01:10:26.120] So we're not going to do that.
[01:10:26.120 --> 01:10:28.120] What I'm thinking is
[01:10:28.120 --> 01:10:30.120] if you get her to charge you with
[01:10:30.120 --> 01:10:32.120] something separate, something
[01:10:32.120 --> 01:10:34.120] different
[01:10:34.120 --> 01:10:36.120] and they
[01:10:36.120 --> 01:10:38.120] dismiss the more serious charges
[01:10:38.120 --> 01:10:40.120] you can still sue
[01:10:40.120 --> 01:10:42.120] based on the dismissal.
[01:10:44.120 --> 01:10:46.120] Okay well that simple assault is
[01:10:46.120 --> 01:10:48.120] based on a person with two
[01:10:48.120 --> 01:10:50.120] knives you know.
[01:10:50.120 --> 01:10:52.120] Wait a minute.
[01:10:52.120 --> 01:10:54.120] This is not this doesn't have to do
[01:10:54.120 --> 01:10:56.120] the rape?
[01:10:56.120 --> 01:10:58.120] No this is the first case.
[01:10:58.120 --> 01:11:00.120] Remember that.
[01:11:00.120 --> 01:11:02.120] I thought you said the first case had been adjudicated
[01:11:02.120 --> 01:11:04.120] and dismissed.
[01:11:04.120 --> 01:11:06.120] Right but she's
[01:11:06.120 --> 01:11:08.120] want me to take a plea on that
[01:11:08.120 --> 01:11:10.120] even though it was dismissed.
[01:11:10.120 --> 01:11:12.120] Now she's bringing that
[01:11:12.120 --> 01:11:14.120] charge now
[01:11:14.120 --> 01:11:16.120] I guess because she knows
[01:11:16.120 --> 01:11:18.120] it's part of the whole deal.
[01:11:18.120 --> 01:11:20.120] Even though she dismissed the other
[01:11:20.120 --> 01:11:22.120] well not dismissed but she says she's
[01:11:22.120 --> 01:11:24.120] not going to pursue it.
[01:11:24.120 --> 01:11:26.120] I don't know legally
[01:11:26.120 --> 01:11:28.120] where that will fall into.
[01:11:28.120 --> 01:11:30.120] Oh it's dismissed.
[01:11:30.120 --> 01:11:32.120] You file a motion
[01:11:32.120 --> 01:11:34.120] to dismiss two older prosecutors.
[01:11:34.120 --> 01:11:36.120] You might want to get your lawyer to do that
[01:11:36.120 --> 01:11:38.120] anyway.
[01:11:38.120 --> 01:11:40.120] You're playing poker here. You need a poker hand.
[01:11:40.120 --> 01:11:42.120] Right.
[01:11:42.120 --> 01:11:44.120] Send me an email
[01:11:44.120 --> 01:11:46.120] I'll send you my brief on
[01:11:46.120 --> 01:11:48.120] it's based on
[01:11:48.120 --> 01:11:50.120] Texas law but it's
[01:11:50.120 --> 01:11:52.120] applicable to all states if you just
[01:11:52.120 --> 01:11:54.120] change the citations.
[01:11:56.120 --> 01:11:58.120] The Pennsylvania Constitution
[01:11:58.120 --> 01:12:00.120] has a speedy trial
[01:12:00.120 --> 01:12:02.120] provision.
[01:12:02.120 --> 01:12:04.120] Every state has one
[01:12:04.120 --> 01:12:06.120] because they have to because the
[01:12:06.120 --> 01:12:08.120] Fed has one.
[01:12:08.120 --> 01:12:10.120] And what you do
[01:12:10.120 --> 01:12:12.120] is you claim a
[01:12:12.120 --> 01:12:14.120] violation of your
[01:12:14.120 --> 01:12:16.120] constitutional right to a speedy trial
[01:12:16.120 --> 01:12:18.120] not a statutory
[01:12:18.120 --> 01:12:20.120] right.
[01:12:20.120 --> 01:12:22.120] So here in
[01:12:22.120 --> 01:12:24.120] Texas we had a speedy trial act
[01:12:24.120 --> 01:12:26.120] and they overturned it.
[01:12:26.120 --> 01:12:28.120] The
[01:12:28.120 --> 01:12:30.120] courts overruled it over some
[01:12:30.120 --> 01:12:32.120] minor technical issues. Now they
[01:12:32.120 --> 01:12:34.120] act like you don't have a right to speedy trial.
[01:12:34.120 --> 01:12:36.120] So you don't care
[01:12:36.120 --> 01:12:38.120] about what the statute says. You care
[01:12:38.120 --> 01:12:40.120] about what the Constitution says.
[01:12:40.120 --> 01:12:42.120] And best if you can look up
[01:12:42.120 --> 01:12:44.120] the statutory history of
[01:12:44.120 --> 01:12:46.120] your speedy trial
[01:12:46.120 --> 01:12:48.120] statute.
[01:12:48.120 --> 01:12:50.120] I got the
[01:12:50.120 --> 01:12:52.120] legislative history
[01:12:52.120 --> 01:12:54.120] on Texas.
[01:12:54.120 --> 01:12:56.120] And it said
[01:12:56.120 --> 01:12:58.120] in their
[01:12:58.120 --> 01:13:00.120] annotations
[01:13:00.120 --> 01:13:02.120] it said that was
[01:13:02.120 --> 01:13:04.120] their intent that a
[01:13:04.120 --> 01:13:06.120] delay of more
[01:13:06.120 --> 01:13:08.120] than 30 days in a Class A misdemeanor
[01:13:08.120 --> 01:13:10.120] was
[01:13:10.120 --> 01:13:12.120] unreasonable. 60 in a
[01:13:12.120 --> 01:13:14.120] Class B, 90
[01:13:14.120 --> 01:13:16.120] Class A, 120
[01:13:16.120 --> 01:13:18.120] felony.
[01:13:18.120 --> 01:13:20.120] So that's presumed to be unreasonable.
[01:13:20.120 --> 01:13:22.120] So based on that
[01:13:22.120 --> 01:13:24.120] declaration of
[01:13:24.120 --> 01:13:26.120] legislative intent
[01:13:26.120 --> 01:13:28.120] you maintain
[01:13:28.120 --> 01:13:30.120] that your speedy trial
[01:13:30.120 --> 01:13:32.120] right has been denied.
[01:13:32.120 --> 01:13:34.120] Am I making
[01:13:34.120 --> 01:13:36.120] sense here? The difference between
[01:13:36.120 --> 01:13:38.120] your speedy trial right and a
[01:13:38.120 --> 01:13:40.120] speedy trial statute?
[01:13:40.120 --> 01:13:42.120] Yes.
[01:13:42.120 --> 01:13:44.120] Look that up for Pennsylvania.
[01:13:44.120 --> 01:13:46.120] But
[01:13:46.120 --> 01:13:48.120] it sounds like if
[01:13:48.120 --> 01:13:50.120] she dismisses
[01:13:50.120 --> 01:13:52.120] if she just finds
[01:13:52.120 --> 01:13:54.120] if you plead to a Class A
[01:13:54.120 --> 01:13:56.120] misdemeanor simple assault
[01:13:56.120 --> 01:13:58.120] and she dismisses all of these
[01:13:58.120 --> 01:14:00.120] other cases, make
[01:14:00.120 --> 01:14:02.120] sure there is no provision
[01:14:02.120 --> 01:14:04.120] and non-suit provision in there.
[01:14:04.120 --> 01:14:06.120] That's what she's
[01:14:06.120 --> 01:14:08.120] going to want.
[01:14:08.120 --> 01:14:12.120] Now
[01:14:12.120 --> 01:14:14.120] has she made that
[01:14:14.120 --> 01:14:16.120] offer in writing?
[01:14:16.120 --> 01:14:18.120] No.
[01:14:18.120 --> 01:14:20.120] My lawyer
[01:14:20.120 --> 01:14:22.120] emailed me with that
[01:14:22.120 --> 01:14:24.120] paper.
[01:14:24.120 --> 01:14:26.120] Ask the lawyer to
[01:14:26.120 --> 01:14:28.120] ask
[01:14:28.120 --> 01:14:30.120] the prosecutor to make the offer
[01:14:30.120 --> 01:14:32.120] in writing and then you'll look at it.
[01:14:32.120 --> 01:14:34.120] Okay.
[01:14:34.120 --> 01:14:36.120] Then any other provisions
[01:14:36.120 --> 01:14:38.120] has to be in there.
[01:14:38.120 --> 01:14:40.120] Like a
[01:14:40.120 --> 01:14:42.120] non-suit provision. You will want to see it.
[01:14:42.120 --> 01:14:44.120] You look at
[01:14:44.120 --> 01:14:46.120] their written proposal and then
[01:14:46.120 --> 01:14:48.120] if it doesn't have a non-suit
[01:14:48.120 --> 01:14:50.120] provision, then you can
[01:14:50.120 --> 01:14:52.120] move ahead, simple
[01:14:52.120 --> 01:14:54.120] assaults just to find
[01:14:54.120 --> 01:14:56.120] it'll be time served.
[01:14:56.120 --> 01:14:58.120] You get like 200 bucks a day, that'll cover
[01:14:58.120 --> 01:15:00.120] any fine they could assess.
[01:15:00.120 --> 01:15:02.120] That's all over.
[01:15:02.120 --> 01:15:04.120] Now you go back after them
[01:15:04.120 --> 01:15:06.120] for their malicious
[01:15:06.120 --> 01:15:08.120] prosecution.
[01:15:08.120 --> 01:15:10.120] Okay.
[01:15:10.120 --> 01:15:12.120] This is kind of new. She may not be up to speed
[01:15:12.120 --> 01:15:14.120] on it. This was just a few
[01:15:14.120 --> 01:15:16.120] months ago that
[01:15:16.120 --> 01:15:18.120] the Supreme Court
[01:15:18.120 --> 01:15:20.120] ruled that even though
[01:15:20.120 --> 01:15:22.120] a, just
[01:15:22.120 --> 01:15:24.120] because a prosecution
[01:15:24.120 --> 01:15:26.120] was dismissed doesn't mean you can't
[01:15:26.120 --> 01:15:28.120] sue. So you can.
[01:15:28.120 --> 01:15:30.120] Okay.
[01:15:30.120 --> 01:15:32.120] Used to you had to win
[01:15:32.120 --> 01:15:34.120] court. That's no longer
[01:15:34.120 --> 01:15:36.120] the case.
[01:15:38.120 --> 01:15:40.120] So. Perfect.
[01:15:40.120 --> 01:15:42.120] No heads up.
[01:15:42.120 --> 01:15:44.120] Just no
[01:15:44.120 --> 01:15:46.120] no conditions.
[01:15:46.120 --> 01:15:48.120] You
[01:15:48.120 --> 01:15:50.120] plead guilty to
[01:15:50.120 --> 01:15:52.120] simple assault with no conditions.
[01:15:52.120 --> 01:15:54.120] No conditions.
[01:15:54.120 --> 01:15:56.120] Time served.
[01:15:58.120 --> 01:16:00.120] And you want it in writing.
[01:16:00.120 --> 01:16:02.120] It's not in writing. It doesn't exist.
[01:16:04.120 --> 01:16:06.120] Perfect.
[01:16:06.120 --> 01:16:08.120] You might not believe this,
[01:16:08.120 --> 01:16:10.120] but prosecuting attorneys
[01:16:10.120 --> 01:16:12.120] will lie to you.
[01:16:12.120 --> 01:16:14.120] I know
[01:16:14.120 --> 01:16:16.120] that sounds outrageous,
[01:16:16.120 --> 01:16:18.120] but just deal
[01:16:18.120 --> 01:16:20.120] with it. You have to
[01:16:20.120 --> 01:16:22.120] just
[01:16:22.120 --> 01:16:24.120] toughen up
[01:16:24.120 --> 01:16:26.120] and accept the fact that
[01:16:26.120 --> 01:16:28.120] lawyers will lie to
[01:16:28.120 --> 01:16:30.120] you.
[01:16:30.120 --> 01:16:32.120] Especially, you know,
[01:16:32.120 --> 01:16:34.120] even my own lawyer.
[01:16:36.120 --> 01:16:38.120] Especially your own
[01:16:38.120 --> 01:16:40.120] lawyer.
[01:16:40.120 --> 01:16:42.120] Okay.
[01:16:42.120 --> 01:16:44.120] Give me that email and
[01:16:44.120 --> 01:16:46.120] call us back next week.
[01:16:46.120 --> 01:16:48.120] Thank you.
[01:16:48.120 --> 01:16:50.120] Randy Kelton, Brett Fountain,
[01:16:50.120 --> 01:16:52.120] Wheel of Horror Radio.
[01:16:52.120 --> 01:16:54.120] We've got a full board of callers.
[01:16:54.120 --> 01:16:58.120] We'll be right back.
[01:17:00.120 --> 01:17:02.120] Are you being harassed by debt collectors
[01:17:02.120 --> 01:17:04.120] with phone calls, letters, or even
[01:17:04.120 --> 01:17:06.120] lawsuits? Stop debt collectors
[01:17:06.120 --> 01:17:08.120] now with the Michael Mears
[01:17:08.120 --> 01:17:10.120] proven method. Michael Mears has won
[01:17:10.120 --> 01:17:12.120] six paces in federal court against
[01:17:12.120 --> 01:17:14.120] debt collectors and now you can win
[01:17:14.120 --> 01:17:16.120] too. You'll get step by step instructions
[01:17:16.120 --> 01:17:18.120] in plain English on how to win
[01:17:18.120 --> 01:17:20.120] in court using federal civil rights
[01:17:20.120 --> 01:17:22.120] statutes. What to do when contacted
[01:17:22.120 --> 01:17:24.120] by phone, mail, or court summons.
[01:17:24.120 --> 01:17:26.120] How to answer letters and phone calls.
[01:17:26.120 --> 01:17:28.120] How to get debt collectors out of your
[01:17:28.120 --> 01:17:30.120] credit report. How to turn the financial
[01:17:30.120 --> 01:17:32.120] tables on them and make them pay
[01:17:32.120 --> 01:17:34.120] you to go away. The Michael
[01:17:34.120 --> 01:17:36.120] Mears proven method is the
[01:17:36.120 --> 01:17:38.120] solution for how to stop debt collectors.
[01:17:38.120 --> 01:17:40.120] Personal consultation is available
[01:17:40.120 --> 01:17:42.120] as well. For more information,
[01:17:42.120 --> 01:17:44.120] please visit ruleoflawradio.com
[01:17:44.120 --> 01:17:46.120] and click on the blue Michael Mears
[01:17:46.120 --> 01:17:48.120] banner or email michaelmears
[01:17:48.120 --> 01:17:50.120] at yahoo.com. That's
[01:17:50.120 --> 01:17:52.120] ruleoflawradio.com
[01:17:52.120 --> 01:17:54.120] or email m-i-c-h-a-e-l
[01:17:54.120 --> 01:17:56.120] m-i-r-r-a-s
[01:17:56.120 --> 01:17:58.120] at yahoo.com. To learn how to
[01:17:58.120 --> 01:18:00.120] stop debt collectors now.
[01:18:00.120 --> 01:18:02.120] I love logos. Without the shows on
[01:18:02.120 --> 01:18:04.120] this network, I'd be almost as ignorant
[01:18:04.120 --> 01:18:06.120] as my friends. I'm so addicted to the truth
[01:18:06.120 --> 01:18:08.120] now that there's no going back. I need my
[01:18:08.120 --> 01:18:10.120] truth fixed. I'd be lost without logos.
[01:18:10.120 --> 01:18:12.120] And I really want to help
[01:18:12.120 --> 01:18:14.120] keep this network on the air. I'd love to
[01:18:14.120 --> 01:18:16.120] volunteer as a show producer but I'm a bit of a
[01:18:16.120 --> 01:18:18.120] Luddite and I really don't have any money to
[01:18:18.120 --> 01:18:20.120] give because I spent it all on supplements.
[01:18:20.120 --> 01:18:22.120] How can I help logos?
[01:18:22.120 --> 01:18:24.120] Well, I'm glad you asked.
[01:18:24.120 --> 01:18:26.120] Whenever you order anything from Amazon,
[01:18:26.120 --> 01:18:28.120] you can help logos by ordering your supplies
[01:18:28.120 --> 01:18:30.120] or holiday gifts. First thing you do
[01:18:30.120 --> 01:18:32.120] is clear your cookies. Now,
[01:18:32.120 --> 01:18:34.120] go to logosradio.com.
[01:18:34.120 --> 01:18:36.120] Click on the Amazon
[01:18:36.120 --> 01:18:38.120] logo and bookmark it.
[01:18:38.120 --> 01:18:40.120] Now, when you order anything from Amazon,
[01:18:40.120 --> 01:18:42.120] you use that link and logos
[01:18:42.120 --> 01:18:44.120] gets a few pesos. Do I pay
[01:18:44.120 --> 01:18:46.120] extra? No. Do you have to do anything
[01:18:46.120 --> 01:18:48.120] different when I order? No.
[01:18:48.120 --> 01:18:50.120] Can I use my Amazon Prime? No.
[01:18:50.120 --> 01:18:52.120] I mean, yes. Wow, giving
[01:18:52.120 --> 01:18:54.120] without doing anything or spending any
[01:18:54.120 --> 01:18:56.120] money. This is perfect.
[01:18:56.120 --> 01:18:58.120] Thank you so much. We are
[01:18:58.120 --> 01:19:00.120] welcome. Happy holidays, logos.
[01:19:00.120 --> 01:19:02.120] This
[01:19:02.120 --> 01:19:04.120] is the Logos
[01:19:04.120 --> 01:19:06.120] Logos Radio
[01:19:06.120 --> 01:19:08.120] Net
[01:19:08.120 --> 01:19:10.120] Radio Net
[01:19:10.120 --> 01:19:12.120] Radio Net
[01:19:12.120 --> 01:19:14.120] Radio Net
[01:19:14.120 --> 01:19:16.120] Not
[01:19:16.120 --> 01:19:18.120] Not
[01:19:18.120 --> 01:19:20.120] Not
[01:19:20.120 --> 01:19:22.120] Not
[01:19:22.120 --> 01:19:24.120] Not
[01:19:24.120 --> 01:19:26.120] Not
[01:19:26.120 --> 01:19:28.120] Not
[01:19:28.120 --> 01:19:30.120] But
[01:19:30.120 --> 01:19:32.120] Well
[01:19:32.120 --> 01:19:34.120] Well
[01:19:34.120 --> 01:19:36.120] Well
[01:19:36.120 --> 01:19:38.120] Well
[01:19:38.120 --> 01:19:40.120] Well
[01:19:40.120 --> 01:19:42.120] Well
[01:19:42.120 --> 01:19:47.120] Just a fear in my pocket, took the money from my hand
[01:19:47.120 --> 01:19:52.120] Ain't gonna fool me with that same old trick again
[01:19:55.120 --> 01:19:58.120] Hang on, honey
[01:19:58.120 --> 01:20:03.120] Just a fear in my pocket, took the money from my hand
[01:20:11.120 --> 01:20:16.120] Ain't gonna drive me with that same old sucka cunt
[01:20:16.120 --> 01:20:21.120] I get it now, but then I must have been out of line
[01:20:21.120 --> 01:20:26.120] Back then you had room to move, but now you're feeling the grind
[01:20:26.120 --> 01:20:31.120] Ain't gonna get me with that same old sucka cunt
[01:20:31.120 --> 01:20:47.120] Mmm, mmm, mmm
[01:20:47.120 --> 01:20:56.120] Well, they're gonna please me with that same old bad man song
[01:20:56.120 --> 01:21:01.120] You thought you were right, but now you got it all wrong
[01:21:01.120 --> 01:21:06.120] It was a weak moment for me, but I had the power all along
[01:21:06.120 --> 01:21:33.120] Ain't gonna please me with that same old bad man song
[01:21:33.120 --> 01:21:37.120] Hello, gentlemen. Um, Randy, I have a question.
[01:21:37.120 --> 01:21:38.120] Gentlemen.
[01:21:38.120 --> 01:21:39.120] Gentlemen.
[01:21:39.120 --> 01:21:42.120] Is there some, is there somebody else here?
[01:21:42.120 --> 01:21:46.120] I think so.
[01:21:46.120 --> 01:21:51.120] Okay, you can get in trouble for that. You have to say gentle persons.
[01:21:51.120 --> 01:21:53.120] Gentle persons.
[01:21:53.120 --> 01:22:01.120] Yeah, I was in the doctor's office the other day and they had this bathroom door
[01:22:01.120 --> 01:22:07.120] with this picture of someone in a dress and then another one with someone in slacks
[01:22:07.120 --> 01:22:11.120] and I told him, you guys gotta fix that.
[01:22:11.120 --> 01:22:16.120] You've got about a hundred and two other images you gotta put up there
[01:22:16.120 --> 01:22:21.120] and the doctor said, yeah, no, we're dealing with that.
[01:22:21.120 --> 01:22:24.120] Okay.
[01:22:24.120 --> 01:22:28.120] How do they get a hundred and two genders?
[01:22:28.120 --> 01:22:36.120] Well, I mean, you either got one or you don't.
[01:22:36.120 --> 01:22:41.120] Well, if you haven't seen What is a Woman, the documentary, you probably should.
[01:22:41.120 --> 01:22:43.120] That was well done.
[01:22:43.120 --> 01:22:45.120] Very well done.
[01:22:45.120 --> 01:22:48.120] I haven't seen that.
[01:22:48.120 --> 01:22:53.120] Maybe I'm just too old to wrap my head around that stuff.
[01:22:53.120 --> 01:22:56.120] Well, there's some good old common sense in it, believe it or not.
[01:22:56.120 --> 01:22:58.120] I thought it was going to be mostly comedy.
[01:22:58.120 --> 01:23:00.120] No, it went pretty dark.
[01:23:00.120 --> 01:23:04.120] It got into what's going on in people's heads.
[01:23:04.120 --> 01:23:09.120] Pretty twisted, but anyway, we know that.
[01:23:09.120 --> 01:23:13.120] Okay, back to the business at hand.
[01:23:13.120 --> 01:23:16.120] Yeah.
[01:23:16.120 --> 01:23:18.120] I have a question about damages.
[01:23:18.120 --> 01:23:21.120] I've been doing some research on that because it's still an unanswered question
[01:23:21.120 --> 01:23:25.120] even by the professionals, but you guys had a couple topics you talked about tonight.
[01:23:25.120 --> 01:23:29.120] I just have one quick question about surgery.
[01:23:29.120 --> 01:23:34.120] If somebody puts something into a court document, that's essentially under oath.
[01:23:34.120 --> 01:23:37.120] Is that not true?
[01:23:37.120 --> 01:23:39.120] No.
[01:23:39.120 --> 01:23:41.120] It depends on the nature of the document.
[01:23:41.120 --> 01:23:49.120] If it's a motion or a pleading that does not – okay, let me step back.
[01:23:49.120 --> 01:23:59.120] The only thing that has to be notarized is evidence that has not yet been presented to the court.
[01:23:59.120 --> 01:24:10.120] So if your document contains factual statements that have not already been presented to the court,
[01:24:10.120 --> 01:24:14.120] then that document must be notarized.
[01:24:14.120 --> 01:24:19.120] If it's already been presented to the court, it's already before the court.
[01:24:19.120 --> 01:24:20.120] It doesn't need it.
[01:24:20.120 --> 01:24:26.120] If it has no new facts in it, then it doesn't need to be notarized
[01:24:26.120 --> 01:24:29.120] because you're not testifying to any facts.
[01:24:29.120 --> 01:24:35.120] The only thing that needs to be verified are facts.
[01:24:35.120 --> 01:24:45.120] The thing is, if you have any question at all notarized, I'm in a lawsuit in Victoria County
[01:24:45.120 --> 01:24:54.120] and they filed a challenge to subject matter jurisdiction and answer, but it wasn't notarized.
[01:24:54.120 --> 01:24:59.120] But a challenge to subject matter jurisdiction doesn't have to be notarized.
[01:24:59.120 --> 01:25:09.120] But it said, and answer, and the answer does have to be notarized, and they didn't.
[01:25:09.120 --> 01:25:11.120] Just notarize it.
[01:25:11.120 --> 01:25:14.120] There's no question then.
[01:25:14.120 --> 01:25:20.120] Well, I don't – what I'm trying to challenge or I should say what's trying to be challenged,
[01:25:20.120 --> 01:25:21.120] because I haven't seen it.
[01:25:21.120 --> 01:25:25.120] I don't know how probate works, but I'm assuming probate's pretty straightforward.
[01:25:25.120 --> 01:25:27.120] You just present it to the court.
[01:25:27.120 --> 01:25:29.120] There's no debate.
[01:25:29.120 --> 01:25:31.120] There's no plaintiff or defendant.
[01:25:31.120 --> 01:25:33.120] It's just settling in a state.
[01:25:33.120 --> 01:25:39.120] But if you make false statements to the state for a probate –
[01:25:39.120 --> 01:25:45.120] False statements of material fact.
[01:25:45.120 --> 01:25:46.120] Yes.
[01:25:46.120 --> 01:25:53.120] If you say that the judge's wife weighs 360 pounds and she only weighs 90 pounds,
[01:25:53.120 --> 01:26:00.120] but the judge's wife doesn't have anything to do with the court, it's not perjury.
[01:26:00.120 --> 01:26:01.120] Okay.
[01:26:01.120 --> 01:26:06.120] It's only perjury if it is a material fact.
[01:26:06.120 --> 01:26:07.120] Okay, that's my question.
[01:26:07.120 --> 01:26:08.120] Exactly.
[01:26:08.120 --> 01:26:09.120] Yes.
[01:26:09.120 --> 01:26:16.120] If you're claiming, you know, whereabouts of a person, if you're claiming the status of a person
[01:26:16.120 --> 01:26:24.120] as it relates to a state and then you go ahead with that and you push forward
[01:26:24.120 --> 01:26:27.120] knowing that that's false in order to get your own personal outcome,
[01:26:27.120 --> 01:26:31.120] not only is that, you know, I'm sure it's a number of things,
[01:26:31.120 --> 01:26:33.120] but you guys brought up perjury tonight.
[01:26:33.120 --> 01:26:36.120] I was wondering, well, if you're lying to the court, you're putting a statement,
[01:26:36.120 --> 01:26:40.120] like you said, a material fact into the court record.
[01:26:40.120 --> 01:26:52.120] If you're presenting a statement of fact that the court does not have prior knowledge of
[01:26:52.120 --> 01:27:01.120] and you have reason to believe that the court doesn't have access to,
[01:27:01.120 --> 01:27:10.120] and that statement is false and you expect the state, the judge to act on that,
[01:27:10.120 --> 01:27:15.120] the validity or the veracity of your statements to the court,
[01:27:15.120 --> 01:27:23.120] and the action you would expect the court to take would affect the adjudication of the case,
[01:27:23.120 --> 01:27:26.120] then yes, that's perjury.
[01:27:26.120 --> 01:27:32.120] But if it doesn't make any difference, if you say they were driving a blue car
[01:27:32.120 --> 01:27:37.120] when they were driving a green car and a car doesn't have anything to do with the case,
[01:27:37.120 --> 01:27:39.120] it doesn't make any difference.
[01:27:39.120 --> 01:27:43.120] Oh, yeah, no, what I'm speaking to makes a big difference.
[01:27:43.120 --> 01:27:49.120] It's just that it's in probates, but I was just touching upon the idea of perjury,
[01:27:49.120 --> 01:27:54.120] and it just dawned on me that that was possible when you guys were talking about that earlier.
[01:27:54.120 --> 01:28:01.120] So I'll look into it more, but yeah, thank you for clearing it up.
[01:28:01.120 --> 01:28:08.120] So the damages is an interesting thing in my lawsuit.
[01:28:08.120 --> 01:28:13.120] I picked a number for compensatory that I thought was relative to all my claims,
[01:28:13.120 --> 01:28:15.120] a couple of my claims including conversion.
[01:28:15.120 --> 01:28:18.120] I misunderstood that.
[01:28:18.120 --> 01:28:22.120] If you get your stuff back, you can't claim the full amount for the conversion,
[01:28:22.120 --> 01:28:24.120] like, you know, minute stuff.
[01:28:24.120 --> 01:28:27.120] However, I found an interesting case, and I've been reading on it,
[01:28:27.120 --> 01:28:29.120] and it's really parallel to a lot of the stuff.
[01:28:29.120 --> 01:28:37.120] And believe it or not, for Illinois, it's spoken in simple terms, which is mind-blowing.
[01:28:37.120 --> 01:28:41.120] Usually they convolute it with all these very technical words.
[01:28:41.120 --> 01:28:43.120] They've got to look up all this stuff and say,
[01:28:43.120 --> 01:28:45.120] why can't you speak regular English right?
[01:28:45.120 --> 01:28:52.120] But the damages is what I'm trying to ask,
[01:28:52.120 --> 01:28:55.120] because you mentioned something about the guy who called in earlier who had,
[01:28:55.120 --> 01:29:02.120] oh, my God, a horrific experience for something he didn't do, obviously.
[01:29:02.120 --> 01:29:05.120] That's amazing that our system can fail people that much,
[01:29:05.120 --> 01:29:11.120] but you mentioned to have him bill people, bill him for wasting his time.
[01:29:11.120 --> 01:29:16.120] I'm running up against damages for compensatory just to have a claim at all.
[01:29:16.120 --> 01:29:21.120] And, you know, when I got towed, obviously they screwed up my car.
[01:29:21.120 --> 01:29:25.120] I went through whatever, and then it took me a year of research,
[01:29:25.120 --> 01:29:30.120] driving to Illinois, multiple trips, doing my own investigative work,
[01:29:30.120 --> 01:29:34.120] taking pictures, doing all kinds of things, doing the state's work, really.
[01:29:34.120 --> 01:29:38.120] And I'm being told on one side that I can charge certain aspects of that,
[01:29:38.120 --> 01:29:41.120] on the other side I can't charge any of that.
[01:29:41.120 --> 01:29:45.120] Charge all of it and let them argue it in court.
[01:29:45.120 --> 01:29:50.120] Hang on, Randy Kelton, Brett Fountain, rule of our radio.
[01:29:50.120 --> 01:29:52.120] Let's see, no call-in number.
[01:29:52.120 --> 01:29:54.120] We've got a full board.
[01:29:54.120 --> 01:30:02.120] We'll be right back.
[01:30:02.120 --> 01:30:06.120] Sorry, soft drink lovers, even diet drinks can make you fat.
[01:30:06.120 --> 01:30:09.120] A new study shows that diet soda drinkers gain much more weight
[01:30:09.120 --> 01:30:11.120] than people who avoid the stuff.
[01:30:11.120 --> 01:30:13.120] I'm Dr. Catherine Albrecht, and I'll be back in a moment
[01:30:13.120 --> 01:30:17.120] with a scoop on supposedly skinny sodas.
[01:30:17.120 --> 01:30:19.120] Privacy is under attack.
[01:30:19.120 --> 01:30:22.120] When you give up data about yourself, you'll never get it back again.
[01:30:22.120 --> 01:30:27.120] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:27.120 --> 01:30:32.120] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.120 --> 01:30:35.120] Privacy, it's worth hanging on to.
[01:30:35.120 --> 01:30:38.120] This public service announcement is brought to you by StartPage.com,
[01:30:38.120 --> 01:30:42.120] the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.120 --> 01:30:46.120] Start over with StartPage.
[01:30:46.120 --> 01:30:50.120] Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.120 --> 01:30:51.120] Wrong.
[01:30:51.120 --> 01:30:54.120] Researchers at UT San Antonio followed hundreds of diet soda drinkers
[01:30:54.120 --> 01:30:56.120] for nearly a decade.
[01:30:56.120 --> 01:30:58.120] They found that regularly drinking diet soda
[01:30:58.120 --> 01:31:03.120] expanded people's waistlines five times more than no soda at all.
[01:31:03.120 --> 01:31:06.120] Studies authors say artificial sweeteners trigger the appetite,
[01:31:06.120 --> 01:31:10.120] but unlike regular sugars, don't deliver anything to squelch it.
[01:31:10.120 --> 01:31:13.120] Waking up hunger without satisfying it leads to cravings,
[01:31:13.120 --> 01:31:16.120] which can result in a larger overall calorie intake.
[01:31:16.120 --> 01:31:19.120] So use natural sweeteners to maintain a healthy weight,
[01:31:19.120 --> 01:31:22.120] and if you need to shed some pounds, avoid the sweet stuff altogether
[01:31:22.120 --> 01:31:24.120] and drink water instead.
[01:31:24.120 --> 01:31:26.120] I'm Dr. Catherine Albrecht.
[01:31:26.120 --> 01:31:30.120] More news and information at CatherineAlbrecht.com.
[01:31:30.120 --> 01:31:34.120] This is Building 7, a 47-story skyscraper that fell
[01:31:34.120 --> 01:31:36.120] on the afternoon of September 11.
[01:31:36.120 --> 01:31:38.120] The government says that fire brought it down.
[01:31:38.120 --> 01:31:41.120] However, 1,500 architects and engineers have concluded
[01:31:41.120 --> 01:31:43.120] it was a controlled demolition.
[01:31:43.120 --> 01:31:46.120] Over 6,000 of my fellow service members have given their lives,
[01:31:46.120 --> 01:31:48.120] and thousands of my fellow first responders are dying.
[01:31:48.120 --> 01:31:50.120] I'm not a conspiracy theorist.
[01:31:50.120 --> 01:31:51.120] I'm a structural engineer.
[01:31:51.120 --> 01:31:52.120] I'm a New York City correction officer.
[01:31:52.120 --> 01:31:53.120] I'm an Air Force pilot.
[01:31:53.120 --> 01:31:55.120] I'm a father who lost his son.
[01:31:55.120 --> 01:31:57.120] We're Americans, and we deserve the truth.
[01:31:57.120 --> 01:32:00.120] Go to RememberBuilding7.org today.
[01:32:27.120 --> 01:32:29.120] Thank you very much.
[01:32:57.120 --> 01:33:03.120] We're a society we all want and deserve.
[01:33:03.120 --> 01:33:05.120] Looking for some truth?
[01:33:05.120 --> 01:33:06.120] We found it.
[01:33:06.120 --> 01:33:31.120] We found it.
[01:33:31.120 --> 01:33:40.120] The wicked come with temptations.
[01:33:40.120 --> 01:33:45.120] They're trying to buy the whole place.
[01:33:45.120 --> 01:33:51.120] They want to poison the nation.
[01:33:51.120 --> 01:33:56.120] Because they've fallen from grace.
[01:33:56.120 --> 01:34:02.120] I will not think you're better.
[01:34:02.120 --> 01:34:07.120] You just can't act out of way.
[01:34:07.120 --> 01:34:13.120] They got this problem they're dreaming of.
[01:34:13.120 --> 01:34:18.120] It won't be the same, come with me.
[01:34:18.120 --> 01:34:27.120] Because I say I'm a man.
[01:34:27.120 --> 01:34:32.120] They can't save me.
[01:34:32.120 --> 01:34:34.120] They can't save me.
[01:34:34.120 --> 01:34:35.120] They can't save me.
[01:34:35.120 --> 01:34:36.120] They can't save me.
[01:34:36.120 --> 01:34:37.120] They can't save me.
[01:34:37.120 --> 01:34:40.120] They can't save me.
[01:34:40.120 --> 01:34:41.120] We are back.
[01:34:41.120 --> 01:34:43.120] I think.
[01:34:43.120 --> 01:34:48.120] I think I was having some technical difficulties.
[01:34:50.200 --> 01:34:51.540] Okay, but we're back,
[01:34:51.540 --> 01:34:54.000] and we're talking to Chris in Colorado.
[01:34:55.760 --> 01:34:57.000] Okay, where were we, Chris?
[01:34:57.000 --> 01:35:00.100] I had a really busy break there.
[01:35:01.660 --> 01:35:02.920] Okay, awesome.
[01:35:04.640 --> 01:35:07.080] We're talking about just how do,
[01:35:07.080 --> 01:35:08.440] you know, lawyers get the convenience
[01:35:08.440 --> 01:35:10.280] of getting to collect on anything they do.
[01:35:10.280 --> 01:35:12.880] We don't, and that's been kind of spelled out
[01:35:12.880 --> 01:35:16.080] in some rulings, but there is some provisions
[01:35:16.080 --> 01:35:18.960] for expenses, efforts, et cetera.
[01:35:20.080 --> 01:35:20.920] I'm trying to-
[01:35:20.920 --> 01:35:22.000] Okay, here's the deal.
[01:35:22.000 --> 01:35:27.000] You're worried about requesting only what you can collect.
[01:35:30.600 --> 01:35:34.680] It doesn't matter what you ask for.
[01:35:34.680 --> 01:35:36.740] The other side is going to jump up and down
[01:35:36.740 --> 01:35:38.920] and rail in righteous indignation
[01:35:38.920 --> 01:35:42.880] and just bemoan the fact that you're asking
[01:35:42.880 --> 01:35:44.280] for an outrageous amount.
[01:35:44.280 --> 01:35:46.480] If you ask for $5, they'll do that.
[01:35:48.400 --> 01:35:49.680] They're going to do it anyway,
[01:35:49.680 --> 01:35:51.440] so give them a number to work with.
[01:35:53.280 --> 01:35:55.040] At the end of the day,
[01:35:55.040 --> 01:35:57.160] the only number the jury's going to remember
[01:35:57.160 --> 01:35:59.060] is the one you walked in the door with.
[01:36:00.240 --> 01:36:02.840] So you charge more than they think you should
[01:36:02.840 --> 01:36:05.480] and ask the judge to sort it out.
[01:36:05.480 --> 01:36:06.480] I agree with you.
[01:36:06.480 --> 01:36:09.480] We've been, well, that's exactly what I found today, actually.
[01:36:09.480 --> 01:36:11.480] The case that I found was beautiful.
[01:36:11.480 --> 01:36:13.800] It spelled out this whole issue.
[01:36:13.800 --> 01:36:17.800] My base issue is that I'm before a magistrate now,
[01:36:17.800 --> 01:36:20.000] and she's pretty cool from what I hear.
[01:36:20.000 --> 01:36:21.720] She's been highly spoken of,
[01:36:21.720 --> 01:36:23.520] and she's going to tell it like it is.
[01:36:23.520 --> 01:36:24.760] I don't think you can get that.
[01:36:24.760 --> 01:36:26.080] I don't think your case is worth that,
[01:36:26.080 --> 01:36:27.200] or I think your case is worth that,
[01:36:27.200 --> 01:36:28.560] and I think you can get that.
[01:36:28.560 --> 01:36:31.400] So let's talk about negotiation right now.
[01:36:31.400 --> 01:36:34.400] I think we're going to have to talk about that a little bit.
[01:36:34.400 --> 01:36:36.160] Let's talk about negotiation right now.
[01:36:36.160 --> 01:36:37.520] Now, I wanted some ammunition,
[01:36:37.520 --> 01:36:38.960] and I think I found most of that.
[01:36:38.960 --> 01:36:42.000] Now, I was looking, though, for my base compensatory,
[01:36:42.000 --> 01:36:43.560] because that's kind of when you're in federal court,
[01:36:43.560 --> 01:36:45.080] you kind of have to have a decent claim
[01:36:45.080 --> 01:36:49.240] to keep it over $75,000 on a diversity claim.
[01:36:49.240 --> 01:36:54.240] So my $75,000 means that my base claim and my punitive,
[01:36:54.280 --> 01:36:56.040] that'll keep me in federal court.
[01:36:56.040 --> 01:36:58.920] Well, I found my punitive today that'll keep me in.
[01:36:58.920 --> 01:37:02.620] I've got to have my argument down for my compensatory.
[01:37:02.620 --> 01:37:07.120] And so I've got damages, I've got provable damages,
[01:37:07.120 --> 01:37:09.440] but I don't know how to word them,
[01:37:09.440 --> 01:37:11.480] because when I get before the judge,
[01:37:11.480 --> 01:37:13.660] I mean, what am I going to say?
[01:37:13.660 --> 01:37:15.240] Well, there was this, and she's going to say,
[01:37:15.240 --> 01:37:18.040] well, that's not according to this, blah, blah, blah.
[01:37:18.040 --> 01:37:21.280] Wait a second, I had to do all that on my own.
[01:37:21.280 --> 01:37:23.520] That's out-of-pocket expenses that I had to present,
[01:37:23.520 --> 01:37:25.400] I had to do in order to get this
[01:37:25.400 --> 01:37:32.760] before any type of regulatory body for restitution.
[01:37:32.760 --> 01:37:34.840] And lawyers, because they're all lawyers,
[01:37:34.840 --> 01:37:36.000] they're going to say, well, you're not a lawyer.
[01:37:36.000 --> 01:37:37.240] You can't claim legal fees.
[01:37:37.240 --> 01:37:38.840] Well, these aren't necessarily legal fees.
[01:37:38.840 --> 01:37:40.960] This is out-of-pocket expenses.
[01:37:40.960 --> 01:37:42.440] I had to drive, I had to travel,
[01:37:42.440 --> 01:37:45.440] I had to pay for hotels in order to do this.
[01:37:45.440 --> 01:37:47.520] And that's all because of the other party.
[01:37:49.320 --> 01:37:51.400] Do we just say stuff like that,
[01:37:51.400 --> 01:37:54.120] or do we actually, is there some analogy?
[01:37:54.120 --> 01:37:57.000] Yeah, you actually, the judges like it most
[01:37:57.000 --> 01:37:58.700] when you just speak English.
[01:38:00.480 --> 01:38:05.440] There's no set formal way of saying things.
[01:38:05.440 --> 01:38:08.120] Lawyers want you to think there are.
[01:38:08.120 --> 01:38:11.200] But you just ask the judge for what you want,
[01:38:11.200 --> 01:38:15.800] and speak in as clear and understandable
[01:38:15.800 --> 01:38:17.440] a language as you can.
[01:38:18.660 --> 01:38:22.400] Forget all the legalese formulaic crap-olda,
[01:38:22.400 --> 01:38:26.400] and from what I can tell from my readings,
[01:38:26.400 --> 01:38:28.620] is judges hate that crap anyway.
[01:38:29.560 --> 01:38:30.400] Right.
[01:38:30.400 --> 01:38:32.080] They still do want you to pay attention
[01:38:32.080 --> 01:38:34.000] to make sure you hit all the essential elements
[01:38:34.000 --> 01:38:37.400] of an offense, or make sure you get all of the grounds
[01:38:37.400 --> 01:38:40.800] that need to be in place for whatever you're asserting.
[01:38:40.800 --> 01:38:42.680] Even though you're going to be maybe
[01:38:42.680 --> 01:38:45.600] not trying to do everything in Latin,
[01:38:45.600 --> 01:38:48.680] still, behind that is the structure of,
[01:38:48.680 --> 01:38:50.160] you need to make sure you hit all the points
[01:38:50.160 --> 01:38:50.980] and all that stuff.
[01:38:50.980 --> 01:38:53.160] You just need to relax on that part.
[01:38:53.160 --> 01:38:57.600] All right, and get you an Illinois litigation guide,
[01:38:57.600 --> 01:39:00.520] or get one, you can get old Connors.
[01:39:01.760 --> 01:39:06.400] The claims and causes of action are going to be
[01:39:06.400 --> 01:39:09.320] pretty well universal across all the states.
[01:39:11.560 --> 01:39:15.560] The only thing that would be different is the case law,
[01:39:15.560 --> 01:39:17.880] and check your legal library,
[01:39:17.880 --> 01:39:21.440] and see if they have something like DeSarnio's,
[01:39:21.440 --> 01:39:25.920] we have DeSarnio's and O'Connor's in Texas
[01:39:25.920 --> 01:39:27.200] litigation guides.
[01:39:28.240 --> 01:39:30.400] See if you can find one in Illinois,
[01:39:30.400 --> 01:39:31.760] and they'll have them at the library,
[01:39:31.760 --> 01:39:34.800] and you can look up all your case law.
[01:39:37.760 --> 01:39:40.520] Litigation guides are wonderful.
[01:39:42.640 --> 01:39:43.480] Okay.
[01:39:44.720 --> 01:39:46.960] The case, in case anybody's interested,
[01:39:46.960 --> 01:39:49.080] it's probably a good reference for multiple states,
[01:39:49.080 --> 01:39:51.960] is Turner versus First Star Bank,
[01:39:51.960 --> 01:39:56.960] and it's one of the most layman turns cases I've seen,
[01:39:57.400 --> 01:39:59.720] and what's interesting, it involves a tow.
[01:39:59.720 --> 01:40:01.280] It was a repossession of a vehicle,
[01:40:01.280 --> 01:40:02.760] a wrongful repossession of a vehicle,
[01:40:02.760 --> 01:40:04.680] but involves a tow company.
[01:40:04.680 --> 01:40:08.440] But in this case, the person had her car repossessed,
[01:40:08.440 --> 01:40:10.360] she got it back, and she had some damages,
[01:40:10.360 --> 01:40:12.440] because whoever towed the car took the stuff out of it
[01:40:12.440 --> 01:40:15.760] and sold it, so she had some damages that way.
[01:40:15.760 --> 01:40:18.000] So she had a fairly small amount, actually,
[01:40:18.000 --> 01:40:23.000] in compensatory, and she got a judgment
[01:40:23.280 --> 01:40:26.800] against for just those small damages,
[01:40:26.800 --> 01:40:30.200] things like 25 grand, actually, and she got paid for it,
[01:40:30.200 --> 01:40:32.120] but she wanted punitive against the bank
[01:40:32.120 --> 01:40:36.080] who had a whole string of fraudulent incompetence
[01:40:36.080 --> 01:40:39.000] basically going on, not completely intentional,
[01:40:39.000 --> 01:40:41.960] but very incompetent, their computer systems, et cetera.
[01:40:41.960 --> 01:40:44.920] So she brought it to trial, got that to trial,
[01:40:44.920 --> 01:40:48.120] and the jury awarded her $500,000 in punitive
[01:40:50.120 --> 01:40:52.440] for just a repossession of her car
[01:40:52.440 --> 01:40:56.560] because of the bank's egregious behavior and negligence.
[01:40:56.560 --> 01:41:01.480] The bank appealed into the court
[01:41:01.480 --> 01:41:03.960] and got denied almost everything.
[01:41:03.960 --> 01:41:05.920] They were asking for a reversal of everything,
[01:41:05.920 --> 01:41:07.240] and the court just slapped them,
[01:41:07.240 --> 01:41:09.520] and because they were so incompetent,
[01:41:09.520 --> 01:41:13.920] but the one thing that the court did reverse,
[01:41:13.920 --> 01:41:17.480] and they call it remitted tour, is that what it's called,
[01:41:17.480 --> 01:41:20.520] was the punitive.
[01:41:20.520 --> 01:41:24.320] They said the punitive for 500,000 is too much
[01:41:24.320 --> 01:41:27.800] based on, you know, they had a formula in this case,
[01:41:27.800 --> 01:41:29.280] which is pretty interesting.
[01:41:29.280 --> 01:41:31.360] Like you said, you have to meet certain criteria
[01:41:31.360 --> 01:41:35.680] in order to fit these egregious behaviors
[01:41:35.680 --> 01:41:38.800] as whether it's intentional, et cetera, et cetera,
[01:41:38.800 --> 01:41:42.680] but they still, they brought it from 500 down to 225,000,
[01:41:42.680 --> 01:41:45.000] which is still significant
[01:41:45.000 --> 01:41:48.200] for just getting your car repossessed, and wrongfully,
[01:41:48.200 --> 01:41:51.320] and I don't know where it went from there,
[01:41:51.320 --> 01:41:54.520] but she probably accepted that,
[01:41:55.360 --> 01:41:57.640] because it was either that or go for a retrial,
[01:41:57.640 --> 01:42:01.160] but that basically brought it to a nine to one ratio,
[01:42:01.160 --> 01:42:03.760] and I've seen that before, right around the 10,
[01:42:03.760 --> 01:42:08.280] 10x is what is sufficient for, you know,
[01:42:08.280 --> 01:42:13.280] kind of fraudulent behavior for punitive damages.
[01:42:15.040 --> 01:42:18.920] You might get a better read from the higher courts
[01:42:18.920 --> 01:42:23.240] if you call your suit a private attorney general suit,
[01:42:25.600 --> 01:42:29.480] and then ask for damages for you
[01:42:29.480 --> 01:42:31.840] and all others similarly situated.
[01:42:33.640 --> 01:42:35.520] That's what's interesting about this case, Randy,
[01:42:35.520 --> 01:42:37.440] is they treated it almost like that.
[01:42:37.440 --> 01:42:39.920] The language in there referenced the fact
[01:42:39.920 --> 01:42:42.680] that this bank had done this to other people
[01:42:42.680 --> 01:42:46.280] through their negligence, therefore, it wasn't a one-off,
[01:42:47.200 --> 01:42:50.480] and they had that specific language in there,
[01:42:50.480 --> 01:42:55.320] and so I think that was some of the basis
[01:42:55.320 --> 01:42:58.600] for the punitive damages of getting it to that number.
[01:42:58.600 --> 01:42:59.720] I've had attorneys say, like,
[01:42:59.720 --> 01:43:02.200] what do you think you're going to get out of this?
[01:43:02.200 --> 01:43:04.520] You know, your case isn't worth $10,000.
[01:43:04.520 --> 01:43:05.520] Why are you in federal court?
[01:43:05.520 --> 01:43:08.480] I'm like, well, they've done this to a lot of people,
[01:43:08.480 --> 01:43:10.280] and, well, they'll do a class action.
[01:43:10.280 --> 01:43:12.640] Well, no, I don't want to do a class action,
[01:43:12.640 --> 01:43:15.240] so half of them don't know what a private attorney is.
[01:43:16.520 --> 01:43:17.520] Most of them don't.
[01:43:19.200 --> 01:43:20.040] They don't know what that is.
[01:43:20.040 --> 01:43:22.200] Right, most of them don't.
[01:43:22.200 --> 01:43:23.600] They want to pretend like they don't
[01:43:23.600 --> 01:43:25.080] because they don't want you to know it.
[01:43:25.080 --> 01:43:27.880] They want you to think that you have to do a class action,
[01:43:27.880 --> 01:43:29.960] and that's where the lawyers get all the money
[01:43:29.960 --> 01:43:30.800] and all of the litigations.
[01:43:30.800 --> 01:43:31.640] Exactly.
[01:43:31.640 --> 01:43:32.880] It's crude.
[01:43:32.880 --> 01:43:35.840] Which one do you think they would pick?
[01:43:35.840 --> 01:43:36.680] Yeah, well, I know.
[01:43:36.680 --> 01:43:38.720] I don't trust any of that money they're doing anymore.
[01:43:38.720 --> 01:43:40.800] I don't trust any of these guys, anyway.
[01:43:40.800 --> 01:43:42.560] They're highly biased, obviously.
[01:43:42.560 --> 01:43:44.760] We all know about them now.
[01:43:44.760 --> 01:43:47.280] Well, they're in business to make money.
[01:43:48.320 --> 01:43:51.560] At the end of the day, that's what they're there for.
[01:43:51.560 --> 01:43:55.160] Hang on, Randy Kelton, Brett Fountain, we love radio.
[01:43:55.160 --> 01:43:56.440] We'll be right back.
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[01:45:00.040 --> 01:45:03.320] Are you the plaintiff or defendant in a lawsuit?
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[01:46:30.600 --> 01:46:53.600] Okay, we are back.
[01:46:53.600 --> 01:46:57.600] Randy Kelton, Brent Fountain, Rule of Law Radio.
[01:46:57.600 --> 01:47:02.600] And we're talking to Chris in Colorado.
[01:47:02.600 --> 01:47:05.600] Chris, have we kind of got you covered,
[01:47:05.600 --> 01:47:08.600] or do you have another question or comment for us?
[01:47:08.600 --> 01:47:09.600] I think we're good.
[01:47:09.600 --> 01:47:11.600] I'm feeling pretty confident since I found this case.
[01:47:11.600 --> 01:47:12.600] I'm punitive.
[01:47:12.600 --> 01:47:15.600] I just wanted to get my base argument down for my expenses.
[01:47:15.600 --> 01:47:18.600] Why am I asking for this type of money?
[01:47:18.600 --> 01:47:20.600] Well, it's cost me this much to get it to this point
[01:47:20.600 --> 01:47:22.600] to hold these guys accountable.
[01:47:22.600 --> 01:47:24.600] That's not unreasonable, right?
[01:47:24.600 --> 01:47:26.600] Yeah, but don't worry about it.
[01:47:26.600 --> 01:47:28.600] If you can't get that,
[01:47:28.600 --> 01:47:32.600] then I'm looking at a private attorney general
[01:47:32.600 --> 01:47:35.600] as kind of a catch-all.
[01:47:35.600 --> 01:47:37.600] It's taking your money and that,
[01:47:37.600 --> 01:47:44.600] and these claims that are easy for them to shoot down,
[01:47:44.600 --> 01:47:49.600] you can avoid those this way, unless you want to fight them,
[01:47:49.600 --> 01:47:52.600] unless you want that issue to say that if someone takes on a case
[01:47:52.600 --> 01:47:57.600] per se, he has a right to be reimbursed for his cost.
[01:47:57.600 --> 01:48:05.600] And if the lawyer is worth $200 an hour for his time, so am I.
[01:48:05.600 --> 01:48:07.600] If it's $50 an hour, I'm worth quite a bit.
[01:48:07.600 --> 01:48:12.600] You know, that's reasonable.
[01:48:12.600 --> 01:48:15.600] I put a thousand hours plus into this, you know?
[01:48:15.600 --> 01:48:18.600] No, you shouldn't charge only the same amount as the lawyer.
[01:48:18.600 --> 01:48:20.600] Find out what that amount is and go a little above it
[01:48:20.600 --> 01:48:24.600] because you tell the truth, so that's a bonus
[01:48:24.600 --> 01:48:27.600] when you're supposed to be trying to speak with Chander
[01:48:27.600 --> 01:48:29.600] before the tribunal, right?
[01:48:29.600 --> 01:48:31.600] Yeah, that's a good point.
[01:48:31.600 --> 01:48:34.600] Yeah, there you go.
[01:48:34.600 --> 01:48:37.600] Compensation for Chander.
[01:48:37.600 --> 01:48:39.600] There you go.
[01:48:39.600 --> 01:48:43.600] And then you look at the lawyer, what, you've never collected a Chander?
[01:48:43.600 --> 01:48:45.600] You've never collected on your Chander?
[01:48:45.600 --> 01:48:51.600] Oh, I wonder what that says about you.
[01:48:51.600 --> 01:48:53.600] All right, last quick question.
[01:48:53.600 --> 01:48:55.600] I'm moving forward on my own.
[01:48:55.600 --> 01:48:56.600] I'm doing pro se.
[01:48:56.600 --> 01:48:58.600] What the hell do I do when I get to court and to the trial?
[01:48:58.600 --> 01:49:02.600] How do I cross-examine myself?
[01:49:02.600 --> 01:49:10.600] Oh, what they do is they allow you to make a statement.
[01:49:10.600 --> 01:49:15.600] And instead of having this, you're asking yourself questions.
[01:49:15.600 --> 01:49:23.600] They will allow you to just make a put-together prepared statement.
[01:49:23.600 --> 01:49:26.600] Oh, that was a horrible accident.
[01:49:26.600 --> 01:49:28.600] What, in the world?
[01:49:28.600 --> 01:49:30.600] Yes.
[01:49:30.600 --> 01:49:32.600] Don't tell me.
[01:49:32.600 --> 01:49:42.600] I knocked over a glass of medicine in my lap.
[01:49:42.600 --> 01:49:48.600] That's cold.
[01:49:48.600 --> 01:49:50.600] Take over for a minute.
[01:49:50.600 --> 01:49:52.600] I've got a mess to clean up.
[01:49:52.600 --> 01:49:55.600] I dumped it right in my keyboard.
[01:49:55.600 --> 01:50:01.600] Now my keyboard's going to be drunk.
[01:50:01.600 --> 01:50:09.600] Oh, that is cold.
[01:50:09.600 --> 01:50:13.600] Go ahead, Brett, take it over.
[01:50:13.600 --> 01:50:15.600] So yeah, I mean, if I go to court on my own,
[01:50:15.600 --> 01:50:18.600] if I don't find an attorney who I'm going to jive with,
[01:50:18.600 --> 01:50:21.600] which is a very good possibility trial,
[01:50:21.600 --> 01:50:23.600] I'd like to have a decent trial if we're going to do it.
[01:50:23.600 --> 01:50:25.600] You know, let's do it legitimately.
[01:50:25.600 --> 01:50:27.600] But if not, I just get it.
[01:50:27.600 --> 01:50:33.600] They're going to put me on the stand and I make statements and then that's it.
[01:50:33.600 --> 01:50:35.600] What do you mean get up on the stand and make statements?
[01:50:35.600 --> 01:50:40.600] I mean, what is it going to be like at trial in the courthouse?
[01:50:40.600 --> 01:50:42.600] Is that what you're asking?
[01:50:42.600 --> 01:50:44.600] Yeah, I'm the plaintiff.
[01:50:44.600 --> 01:50:47.600] I'm suing these people, so I'm going to bring in all the witnesses
[01:50:47.600 --> 01:50:49.600] and ask them questions.
[01:50:49.600 --> 01:50:52.600] But what happens when I'm a witness, when it happens for me to get up there?
[01:50:52.600 --> 01:50:54.600] How do I do it?
[01:50:54.600 --> 01:51:02.600] When it gets to you, just tell the judge that rather than have me ask myself questions,
[01:51:02.600 --> 01:51:07.600] I have a prepared statement I would like to present to the court.
[01:51:07.600 --> 01:51:14.600] And generally the court will appreciate that because it puts on a ridiculous show
[01:51:14.600 --> 01:51:17.600] if you're asking yourself questions.
[01:51:17.600 --> 01:51:22.600] And this just comes up all the time, so this has already been handled.
[01:51:22.600 --> 01:51:25.600] Okay, so they allow you to go pro se.
[01:51:25.600 --> 01:51:34.600] There's falsity, there's varsity about saying, no, you cannot go to court without a lawyer.
[01:51:34.600 --> 01:51:37.600] If you're suing somebody who has a plaintiff, you can't do that.
[01:51:37.600 --> 01:51:39.600] That's not true, right?
[01:51:39.600 --> 01:51:41.600] That is not true.
[01:51:41.600 --> 01:51:43.600] Okay.
[01:51:43.600 --> 01:51:49.600] I have seen nothing in law that ever requires you to have a lawyer.
[01:51:49.600 --> 01:51:56.600] What about if you're not suing for yourself, but you're representing some fictional entity?
[01:51:56.600 --> 01:52:04.600] If you're representing a legal fiction, then you must be a lawyer.
[01:52:04.600 --> 01:52:06.600] And that's well adjudicated.
[01:52:06.600 --> 01:52:09.600] That's not something we will get fixed.
[01:52:09.600 --> 01:52:10.600] Okay.
[01:52:10.600 --> 01:52:16.600] But that's because it's illegal fiction, and illegal fiction can't speak for itself.
[01:52:16.600 --> 01:52:19.600] True.
[01:52:19.600 --> 01:52:21.600] What about the appellate side?
[01:52:21.600 --> 01:52:23.600] If we go all the way through this and, you know,
[01:52:23.600 --> 01:52:26.600] obviously I'm going to have a somewhat positive outcome of this,
[01:52:26.600 --> 01:52:28.600] but there's some issues on the appellate side.
[01:52:28.600 --> 01:52:31.600] Do I have to have a lawyer to do the appellate side?
[01:52:31.600 --> 01:52:32.600] No, no.
[01:52:32.600 --> 01:52:39.600] You're assuming you've spent too much time in traffic court.
[01:52:39.600 --> 01:52:44.600] You're assuming you're going to have problems that you won't be dealing with in the federal court.
[01:52:44.600 --> 01:52:47.600] The federal court doesn't do all this BS.
[01:52:47.600 --> 01:52:53.600] They tend to be much more straightforward.
[01:52:53.600 --> 01:52:57.600] They're reasonable for the most part, and sometimes you get a judge who has attitude.
[01:52:57.600 --> 01:53:01.600] But you have ways of adjusting the attitude.
[01:53:01.600 --> 01:53:07.600] The higher up you get in court, the more civil they become.
[01:53:07.600 --> 01:53:08.600] Okay.
[01:53:08.600 --> 01:53:10.600] I've dealt with these.
[01:53:10.600 --> 01:53:15.600] Generally, I've had a couple of district judges with attitude, but not too often.
[01:53:15.600 --> 01:53:20.600] If you treat the court with dignity and respect, they generally give it back to you.
[01:53:20.600 --> 01:53:21.600] Yeah.
[01:53:21.600 --> 01:53:24.600] Once you get out of the traffic court, and there's stuff on the bottom,
[01:53:24.600 --> 01:53:28.600] even JPs are much better than traffic.
[01:53:28.600 --> 01:53:31.600] Most people spend most of their time dealing with traffic,
[01:53:31.600 --> 01:53:35.600] and it's the most horrible system you'll ever get in.
[01:53:35.600 --> 01:53:41.600] Once you get up above that, you get in those courts that deal with lawyers all the time,
[01:53:41.600 --> 01:53:46.600] they just deal on a different civil level.
[01:53:46.600 --> 01:53:47.600] Okay.
[01:53:47.600 --> 01:53:50.600] This problem you're not going to have.
[01:53:50.600 --> 01:53:55.600] They've had lots of pro se litigants before them,
[01:53:55.600 --> 01:54:01.600] and this issue of a pro se entering a statement has been pretty well handled.
[01:54:01.600 --> 01:54:04.600] Just give them the statement that you want.
[01:54:04.600 --> 01:54:08.600] Make up a written statement and tell the judge,
[01:54:08.600 --> 01:54:15.600] I can either read this into the court or ask the court to accept this as my statement
[01:54:15.600 --> 01:54:22.600] and give a copy to the opposition so they can oppose it if they want to.
[01:54:22.600 --> 01:54:23.600] Okay.
[01:54:23.600 --> 01:54:29.600] It's probably best you do that in a motion beforehand
[01:54:29.600 --> 01:54:36.600] so that you can essentially take the stand without getting up there looking ridiculous.
[01:54:36.600 --> 01:54:39.600] Okay.
[01:54:39.600 --> 01:54:41.600] All right.
[01:54:41.600 --> 01:54:42.600] Sounds good.
[01:54:42.600 --> 01:54:45.600] Thank you very much.
[01:54:45.600 --> 01:54:46.600] Okay.
[01:54:46.600 --> 01:54:48.600] Thank you, Chris.
[01:54:48.600 --> 01:54:53.600] Now we're going to go to Jason in California.
[01:54:53.600 --> 01:54:55.600] Hello, Jason.
[01:54:55.600 --> 01:54:56.600] All right.
[01:54:56.600 --> 01:54:57.600] Hey, guys.
[01:54:57.600 --> 01:54:58.600] Hey.
[01:54:58.600 --> 01:55:06.600] It's been a few weeks since we last spoke.
[01:55:06.600 --> 01:55:20.600] So I have the workplace violence restraining order issue with Trader Joe's
[01:55:20.600 --> 01:55:22.600] that's jogging any memory.
[01:55:22.600 --> 01:55:24.600] Oh, yes.
[01:55:24.600 --> 01:55:28.600] So where were you with them?
[01:55:28.600 --> 01:55:31.600] You sued them, didn't you?
[01:55:31.600 --> 01:55:32.600] No.
[01:55:32.600 --> 01:55:33.600] No, no, no.
[01:55:33.600 --> 01:55:40.600] All I'm doing is dealing with this restraining order that they're trying to get against me.
[01:55:40.600 --> 01:55:41.600] Oh, okay.
[01:55:41.600 --> 01:55:46.600] They're trying to block you out of their – they don't want your money.
[01:55:46.600 --> 01:55:50.600] Because I haven't sued them yet.
[01:55:50.600 --> 01:56:06.600] So it's been – it's very confusing and weird, and we've had three attempted hearings so far.
[01:56:06.600 --> 01:56:08.600] Let's see here.
[01:56:08.600 --> 01:56:09.600] Yeah.
[01:56:09.600 --> 01:56:12.600] So there was a – you know, there was the first hearing.
[01:56:12.600 --> 01:56:24.600] There was a – I got suckered into a stipulation to have a commissioner acting as temporary judge.
[01:56:24.600 --> 01:56:30.600] That got continued because the liar said he didn't get my response.
[01:56:30.600 --> 01:56:32.600] And –
[01:56:32.600 --> 01:56:35.600] Could you prove that he got your response?
[01:56:35.600 --> 01:56:37.600] Yeah.
[01:56:37.600 --> 01:56:40.600] Did you file a motion for summary judgment?
[01:56:40.600 --> 01:56:41.600] No.
[01:56:41.600 --> 01:56:43.600] I did not.
[01:56:43.600 --> 01:56:55.600] I did file a motion to dismiss and a motion to remove the stipulation for the commissioner.
[01:56:55.600 --> 01:56:57.600] Let's see here.
[01:56:57.600 --> 01:57:07.600] The – my stipulation got rejected for a clerical error on their end.
[01:57:07.600 --> 01:57:08.600] Let's see here.
[01:57:08.600 --> 01:57:10.600] So we had a second hearing.
[01:57:10.600 --> 01:57:12.600] Wait, wait, wait, wait, wait, wait.
[01:57:12.600 --> 01:57:17.600] They – a clerical error on their end?
[01:57:17.600 --> 01:57:20.600] So cue the clown music.
[01:57:20.600 --> 01:57:22.600] They –
[01:57:22.600 --> 01:57:27.600] Yeah, let me tell you what happened when they did a clerical error on my end.
[01:57:27.600 --> 01:57:28.600] What?
[01:57:28.600 --> 01:57:35.600] They – I came in and filed motions instead of giving them a plea on a traffic ticket.
[01:57:35.600 --> 01:57:37.600] And they don't generally get that.
[01:57:37.600 --> 01:57:43.600] They didn't really know what to do and didn't get it marked in their computer that I showed up.
[01:57:43.600 --> 01:57:55.600] So they noticed the computer automatically sent a failure to appear to the DPS and they refused to renew my license.
[01:57:55.600 --> 01:57:57.600] But I did appear.
[01:57:57.600 --> 01:58:00.600] It was a technical error.
[01:58:00.600 --> 01:58:07.600] I charged her with tampering with a government document.
[01:58:07.600 --> 01:58:17.600] And now I'm getting collection letters from a law firm for a case that's still before the court.
[01:58:17.600 --> 01:58:19.600] Oh, it was just a clerical error.
[01:58:19.600 --> 01:58:22.600] Yeah, it was a clerical error when I forgot to renew my license.
[01:58:22.600 --> 01:58:25.600] Deal with it.
[01:58:25.600 --> 01:58:27.600] Yeah, I didn't even know how to deal with this one.
[01:58:27.600 --> 01:58:31.600] There wasn't a computer involved. It was human.
[01:58:31.600 --> 01:58:34.600] That's tampering. They don't get to make clerical errors.
[01:58:34.600 --> 01:58:36.600] Are we going on period right now?
[01:58:36.600 --> 01:58:38.600] Hang on. Go on to our sponsors.
[01:58:38.600 --> 01:58:42.600] Randy Kelton, Brett Fountain, the rule of our radio.
[01:58:42.600 --> 01:58:46.600] I'm not going to give out the caller number. We've still got a full board of callers.
[01:58:46.600 --> 01:58:49.600] We'll be right back.
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