[00:00.000 --> 00:07.320] This is the Liberty Beat, your daily source for Liberty news and activist updates, online [00:07.320 --> 00:08.320] at thelibertybeat.com. [00:08.320 --> 00:13.640] I'm Brian Hagan with your Liberty Beat for Friday, January 3rd, 2014. [00:13.640 --> 00:16.520] Gold opened today at $1,228. [00:16.520 --> 00:22.360] Silver opened at $20.03, while Bitcoin is trading at $807.99. [00:22.360 --> 00:26.640] Support for the Liberty Beat comes from the Center for Natural Living Safe Water Initiative, [00:26.640 --> 00:31.520] a philanthropic effort to give at least 100 fluoride water filters to Austin families [00:31.520 --> 00:32.520] in need. [00:32.520 --> 00:37.760] To sign up to receive a filter, or to donate, visit austinsafewater.com. [00:37.760 --> 00:41.760] Support comes from the Food is Free Project, growing community of food, while helping gain [00:41.760 --> 00:47.600] independence from a broken agricultural system, online, foodisfreeproject.com. [00:47.600 --> 00:51.640] Support also comes from Brave New Books, your local source for Tangy Tangerine, One World [00:51.640 --> 00:53.720] Way, and Clearly Filtered. [00:53.720 --> 00:59.600] Find them at Austin, at 1904 Guadalupe Street, or online at bravenewbookstore.com. [00:59.600 --> 01:05.000] In the news, according to a poll conducted by the APNORC Center for Public Affairs Research, [01:05.000 --> 01:08.920] Americans have a growing distrust for the government's ability to fix the problems facing [01:08.920 --> 01:10.680] the nation. [01:10.680 --> 01:14.800] It's called Sovereign BTC. [01:14.800 --> 01:19.240] That's the new podcast, launched by the Liberty Beat's own John Bush, and now part of Let's [01:19.240 --> 01:24.560] Talk Bitcoin's podcast contest, turn a slot on their soon-to-launch Bitcoin network. [01:24.560 --> 01:28.920] Sovereign BTC is your guide to the practical side of everyday Bitcoin use, and can be heard [01:28.920 --> 01:32.520] at sovereignbtc.com backslash podcast. [01:32.520 --> 01:35.240] While you're there, find out how to vote for John's podcast. [01:35.240 --> 01:37.560] And now, this week's Bitcoin Tip of the Week. [01:37.560 --> 01:39.440] It's all about transaction fees. [01:39.440 --> 01:43.240] The blockchain serves as a public ledger, where all Bitcoin transactions are recorded [01:43.240 --> 01:45.680] in sections called blocks. [01:45.680 --> 01:49.680] These transactions are accepted and confirmed on the blockchain by miners. [01:49.680 --> 01:54.400] The work miners do helps prevent double spending of Bitcoins, and ensures the security of the [01:54.400 --> 01:55.480] Bitcoin network. [01:55.480 --> 02:02.080] In order to incentivize miners to process your transaction quickly, a small fee of.0001 [02:02.080 --> 02:05.080] Bitcoin is appreciated for a miner's efforts. [02:05.080 --> 02:08.620] The fees are not mandatory, but they're seen as a contribution to the overall durability [02:08.620 --> 02:11.160] and resilience of the Bitcoin network. [02:11.160 --> 02:15.440] This week's Bitcoin Tip of the Week, sponsored by blockchain.info, the world's most popular [02:15.440 --> 02:18.120] Bitcoin wallet, simple and secure. [02:18.120 --> 02:21.200] Blockchain is the easiest way to get started using Bitcoin. [02:21.200 --> 02:25.080] To learn more, or to create a wallet today, visit blockchain.info. [02:25.080 --> 02:28.520] The Liberty Beat, brought to you by Austin Animal Clinic, celebrating their 59th year [02:28.520 --> 02:30.520] of quality, compassionate pet care. [02:30.520 --> 02:33.280] In Austin, at 4330 North Lamar Boulevard. [02:33.280 --> 02:39.960] By phone, 512-453-6686, or online at austinanimalclinicinc.com. [02:39.960 --> 02:44.520] Support also comes from Central Texas Gunworks, CH Health Courses, Self-Defense Training, [02:44.520 --> 02:45.520] and Firearms Sales. [02:45.520 --> 02:52.480] Call them up, 512-731-3585, online at centraltexasgunworks.com. [02:52.480 --> 02:56.160] This is the Liberty Beat for Friday, January 3rd, 2014. [02:56.160 --> 03:22.560] Check out the website at thelibertybeat.com. [03:26.160 --> 03:56.080] Hey, this is Randy Kelton here with Steve Skidmore on our first show of the week. [03:56.080 --> 04:08.520] It's Friday the 3rd, and I do want to remind everybody we have our fundraiser going, and [04:08.520 --> 04:15.200] we have the gun giveaway, we'll talk more about that later on in the show. [04:15.200 --> 04:24.400] And I wanted to start out today talking about how to write a statement of facts. [04:24.400 --> 04:35.400] I've been working with some people who are in family law issues, and something has been [04:35.400 --> 04:41.880] highlighted by that, and this is something that's come up quite a bit, also in helping [04:41.880 --> 04:46.960] people with foreclosures, just where they're trying to fight their own issues. [04:46.960 --> 04:57.120] When I talk to someone about a legal issue, and after talking to them for 20 or 30 minutes, [04:57.120 --> 05:03.040] I still don't have a good idea of what the legal issue is. [05:03.040 --> 05:13.900] That's a real good indication that you are not going to get a good reception by the court. [05:13.900 --> 05:19.840] So we have people who file documents with the court or go into the court and try to [05:19.840 --> 05:27.080] represent themselves, and they say things to the judge that to them sounds perfectly [05:27.080 --> 05:32.280] reasonable and rational, and the judge just blows them off like they didn't say anything [05:32.280 --> 05:37.800] and goes ahead and rules against them, and they come away feeling mistreated and betrayed [05:37.800 --> 05:46.200] and frustrated and angry and emotionally distraught and all these other things that people have [05:46.200 --> 05:47.920] so much difficulty dealing with. [05:47.920 --> 05:57.080] And a lot of that has to do with the fact that people who don't have much to do with [05:57.080 --> 06:09.400] the legal system tend not to understand that in law, our behavior is not your normal civil [06:09.400 --> 06:12.040] behavior. [06:12.040 --> 06:20.160] When we go into the court and we have conversations with the court, we're not speaking English. [06:20.160 --> 06:23.760] We're speaking legalese. [06:23.760 --> 06:32.240] And when you talk to the judge, you can't have a normal conversation with the judge. [06:32.240 --> 06:39.320] What you have to do is give the judge the law and the facts. [06:39.320 --> 06:47.360] You tell him the facts that occurred and then give him the law that applies to those facts [06:47.360 --> 06:54.800] and show him how the law dictates the decision he should draw from the facts. [06:54.800 --> 07:04.480] Now, in order to do that effectively, you have to do them essentially one at a time. [07:04.480 --> 07:11.680] First you give the facts to the court, and that is one of the hardest things to do. [07:11.680 --> 07:17.320] If you listen to the show much, you'll notice that when we have someone call in and [07:17.320 --> 07:24.280] they start going through their story, I will generally stop them, especially if it's a [07:24.280 --> 07:30.320] rather long story, and ask them to send me a timeline. [07:30.320 --> 07:38.320] Now, that sounds simple enough, I got a ticket, okay, I got a ticket on this day. [07:38.320 --> 07:39.320] What happened? [07:39.320 --> 07:40.320] Okay. [07:40.320 --> 07:44.920] That dirty scoundrel, he wrote me this ticket and I wouldn't speed. [07:44.920 --> 07:48.920] That's not a timeline. [07:48.920 --> 07:55.040] First thing I need to know is who are you, where were you, what were you driving, how [07:55.040 --> 08:05.080] were you driving, under what conditions were you driving, specifically commercial or travel. [08:05.080 --> 08:07.240] When did he pull you over? [08:07.240 --> 08:09.600] What was his stated reason for pulling you over? [08:09.600 --> 08:11.280] What did he first say to you? [08:11.280 --> 08:14.040] What did you say back to him? [08:14.040 --> 08:16.680] I need facts. [08:16.680 --> 08:24.920] I don't need to know that the cop was a smart mouth, arrogant, fat, slovenly pig. [08:24.920 --> 08:27.200] That does not go to the issues. [08:27.200 --> 08:30.100] He may have been all those things. [08:30.100 --> 08:35.880] But if you tell that to a judge, the judge is likely to sit there and listen patiently [08:35.880 --> 08:42.200] and pay absolutely no attention to that whatsoever. [08:42.200 --> 08:44.200] Because that's not why he's there. [08:44.200 --> 08:47.320] He's not there to have a conversation with you. [08:47.320 --> 08:52.600] He is there to determine the facts in accordance with the rules of evidence, then apply the [08:52.600 --> 08:56.800] law as it comes to him to the facts in the case. [08:56.800 --> 09:08.680] So when you start constructing facts, I ask people for a timeline. [09:08.680 --> 09:17.680] The reason I ask for a timeline is because if I ask you for a statement of facts, I will [09:17.680 --> 09:22.400] get argument and support. [09:22.400 --> 09:29.120] I will have you telling me that the officer screamed at me. [09:29.120 --> 09:31.520] Screamed at me is not a fact. [09:31.520 --> 09:38.240] Screamed at me is an opinion about the fact. [09:38.240 --> 09:51.600] The officer spoke to me in a loud and what I consider to be an agitated manner. [09:51.600 --> 09:55.280] Those are facts. [09:55.280 --> 10:05.280] I get documents from people all the time and they tend to go from one emotional high point [10:05.280 --> 10:13.360] to the next and then they'll jump to the next high point and the next high point and you [10:13.360 --> 10:21.840] literally after you have told the story three or four times, you literally forget the details [10:21.840 --> 10:29.560] in between because the first time you tell the story, you go back in your memory. [10:29.560 --> 10:36.640] We've all heard or seen programs where they talk to a number of different witnesses and [10:36.640 --> 10:43.480] get a totally different story from each witness or the experiment where a room full of college [10:43.480 --> 10:50.120] students are sitting in the room and someone runs in with a mask on and a fake pistol and [10:50.120 --> 10:53.920] makes a lot of noise and jumps up and down and points at people and then runs out of [10:53.920 --> 10:54.920] the room. [10:54.920 --> 11:03.120] And then they ask people what occurred and almost in every case, everyone has a different [11:03.120 --> 11:11.600] story and not just slightly different, not just different on minor points, but different [11:11.600 --> 11:22.000] on major points and that's because we do not see and process what we hear. [11:22.000 --> 11:33.080] We see what we expect to see, we remember what we think we saw, we primarily remember [11:33.080 --> 11:39.520] our impressions of what we saw and what we heard and those impressions will be filtered [11:39.520 --> 11:43.720] through our life experience. [11:43.720 --> 11:54.360] Writing down a statement of facts is a mental discipline and when I ask for a timeline, [11:54.360 --> 11:59.080] most of the time, especially from someone who calls in, most of the time I don't get [11:59.080 --> 12:00.080] one. [12:00.080 --> 12:11.200] I never hear from them again and I understand why that happens, it's because these situations [12:11.200 --> 12:19.120] are very emotional and when we sit down to try to write a timeline, you can't just walk [12:19.120 --> 12:22.280] through the story the way you normally do. [12:22.280 --> 12:26.720] You can't just go through the story and tell your side. [12:26.720 --> 12:36.640] Now you have to back up and look at it more clinically, look at it based on what happened, [12:36.640 --> 12:44.240] what happened next, what happened next and often times there are things in between there [12:44.240 --> 12:52.560] that tends not to fit your mental impression and we tend to get attached to our mental [12:52.560 --> 12:57.760] impressions, especially if you've told the story a number of times. [12:57.760 --> 13:05.280] When you go back and start doing a timeline, then you start doing these, oops, I missed [13:05.280 --> 13:08.600] this part and I missed this part. [13:08.600 --> 13:18.120] You start to dig up pieces and details that tend to lend credence to what the other side [13:18.120 --> 13:28.520] did and that's never very much fun and it is a very emotional and difficult experience. [13:28.520 --> 13:36.600] When I have one of these altercations, I need to go sit down and write down what happened [13:36.600 --> 13:44.920] and it's hard, even right after the situation, it's hard, I have to go back and primarily [13:44.920 --> 13:51.960] I look at all the things I did wrong and I am annoyed by it, I look at the times that [13:51.960 --> 14:01.440] I reacted instead of responded, reactions, they come out of your insides, responses come [14:01.440 --> 14:09.120] out of your head from pause and reflect, stop objectively, analyze, decide what to do and [14:09.120 --> 14:13.080] initiate, those are your responses. [14:13.080 --> 14:16.920] Most of the time we don't do that, well we can, we are human beings and human beings [14:16.920 --> 14:21.940] are the only creatures on the earth that so far as I know that have the capacity to do [14:21.940 --> 14:28.120] that, to pause and reflect, for the most part we don't, for the most part we just do whatever [14:28.120 --> 14:34.160] we feel like to do and say whatever comes to mind and then later on we look back on [14:34.160 --> 14:43.780] it and since we are after all rational creatures, we tend to use our rational minds to do what [14:43.780 --> 14:51.320] they do best, we rationalize, yeah I kind of got to jumping up and down and waving my [14:51.320 --> 14:56.440] arms and righteous indignation, but that rascal deserved it. [14:56.440 --> 15:00.240] All of these things I did that if a person looked at them objectively would look a little [15:00.240 --> 15:07.720] bit outrageous or emotional or uncalled for, they were called for, he deserved it, we can [15:07.720 --> 15:15.800] rationalize away the craziest things, when you go back and write a timeline it gets much [15:15.800 --> 15:21.280] more difficult to work through your rationalization because now you have to put the rationalization [15:21.280 --> 15:27.000] down on paper piece by piece and we tend to overlook the pieces that don't fit. [15:27.000 --> 15:35.400] When we come back, I want to bring Steve into this and maybe tell some stories back and [15:35.400 --> 15:43.880] forth because one of the things in constructing a timeline or that you really have to pay [15:43.880 --> 15:57.680] most attention to are your predicates, predicates those terms we use to define the nouns, primarily [15:57.680 --> 16:06.480] the defining words, the adverbs, the pronouns, pronouns are a specific problem that goes [16:06.480 --> 16:13.720] to referential index but adverbs are the biggest problem when you are doing a timeline because [16:13.720 --> 16:24.840] an adverb is generally a description of a fact and we want only the facts and I'll [16:24.840 --> 16:29.120] talk about, we're about to go to break so I'll talk about that a little more on the [16:29.120 --> 16:30.120] upside. [16:30.120 --> 16:41.720] This is Randy Kelton, Denver Stevens, Steve Skidmore of Rule of Law Radio, this is our [16:41.720 --> 16:45.920] Friday night four hour info marathon, we're going to keep the phones on all night, I'm [16:45.920 --> 16:50.400] going to blab a little bit on the other side, we have a couple of callers already so I'll [16:50.400 --> 16:55.240] start picking up callers as soon as I finish my little dissertation on the other side. [16:55.240 --> 17:00.920] Okay, Randy Kelton, Denver Stevens, we'll be right back. [17:00.920 --> 17:05.680] At Logos Radio Network we are committed to bringing you the best and most accurate information [17:05.680 --> 17:10.640] possible with programs on a variety of topics such as law, current events and health. [17:10.640 --> 17:15.960] We function on a fraction of the budget of most media outlets but free speech isn't free. [17:15.960 --> 17:20.640] That's why we're holding our annual fundraiser for operating expenses and equipment upgrades. [17:20.640 --> 17:25.480] We need to raise $7,000 by the end of January so when you contribute you'll receive free [17:25.480 --> 17:30.800] gifts such as colloidal or ionic silver, t-shirts, tote bags and gift certificates to brave [17:30.800 --> 17:31.800] new books. [17:31.800 --> 17:34.800] Please visit logosradionetwork.com for details. [17:34.800 --> 17:37.560] We accept PayPal, credit or debit cards and Bitcoins. [17:37.560 --> 17:42.160] Click the spread the word link to post our banner on your Facebook page or website. [17:42.160 --> 17:46.680] If you enjoy our shows and find Logos a valuable resource of information, please support our [17:46.680 --> 17:48.680] fundraiser to keep us on the air. [17:48.680 --> 17:53.520] We've enjoyed bringing you over five years of live free speech talk radio at its best [17:53.520 --> 17:56.000] and we want to continue to serve you. [17:56.000 --> 18:00.720] Please visit logosradionetwork.com and contribute today. [18:00.720 --> 18:05.440] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [18:05.440 --> 18:09.520] Stop debt collectors now with the Michael Mears Proven Method. [18:09.520 --> 18:13.840] Michael Mears has won six cases in federal court against debt collectors and now you [18:13.840 --> 18:14.840] can win too. [18:14.840 --> 18:19.760] You'll get step-by-step instructions in plain English on how to win in court using federal [18:19.760 --> 18:25.520] civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer [18:25.520 --> 18:30.080] letters and phone calls, how to get debt collectors out of your credit report, how to turn the [18:30.080 --> 18:34.280] financial tables on them and make them pay you to go away. [18:34.280 --> 18:39.080] The Michael Mears Proven Method is the solution for how to stop debt collectors. [18:39.080 --> 18:41.520] Personal consultation is available as well. [18:41.520 --> 18:47.040] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner [18:47.040 --> 18:50.040] or email michaelmears at yahoo.com. [18:50.040 --> 18:59.040] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [18:59.040 --> 19:00.040] collectors now. [19:00.040 --> 19:08.440] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:30.040 --> 20:00.000] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio. [20:00.000 --> 20:05.320] And we are going to start out with Steve telling us about a hearing that he, the last hearing [20:05.320 --> 20:10.960] he went to, this that led up to it and then the hearing itself. [20:10.960 --> 20:17.840] And then I am going to try to ask some specific questions going to referential index. [20:17.840 --> 20:23.880] You will see what I mean by that when we get back to the second part. [20:23.880 --> 20:26.400] Okay, go ahead, Steve. [20:26.400 --> 20:27.400] Okay. [20:27.400 --> 20:33.200] You want to know what the dirty rotting lowdown, bottom feeding, lifeless individuals on the [20:33.200 --> 20:36.200] other side did, right? [20:36.200 --> 20:45.820] Okay, towards the end of August 2013, there was a file, the opposing party filed a forcible [20:45.820 --> 20:48.680] detainer hearing in precinct two. [20:48.680 --> 20:54.400] Well, I don't particularly care for the judge there because I know him to be a former banker [20:54.400 --> 20:58.400] and I don't feel that I will get a fair and impartial trial. [20:58.400 --> 21:07.040] So I filed, pursuant to one of the Texas Rules of Civil Procedure, I filed a motion to change [21:07.040 --> 21:09.080] venue at that time. [21:09.080 --> 21:16.280] This was filed before the changing of the most recent changing in rules. [21:16.280 --> 21:21.600] At that time, the way the rules existed upon my affidavit and the affidavit of two other [21:21.600 --> 21:27.240] credible witnesses, this was moved to the nearest precinct. [21:27.240 --> 21:33.480] So after some dallying in the courts, we got it moved to precinct five. [21:33.480 --> 21:45.960] Precinct five received the case on or about September 12th, 2013. [21:45.960 --> 22:00.400] Now we received around September 19th, we received a letter that said, it was addressed [22:00.400 --> 22:06.240] to the attorney on the other side that said that this court has, and this was from the [22:06.240 --> 22:17.320] fifth precinct said this court has received your petition and noticed a new cause number. [22:17.320 --> 22:22.360] This should tell the other side, the party that filed in the second, that there was no [22:22.360 --> 22:28.720] need to file another pleading because their pleading had been received. [22:28.720 --> 22:45.320] Now we filed, I filed an adverse motion and was waiting for it to come to trial. [22:45.320 --> 22:53.540] Before the trial date, we received from the fifth precinct, just out of the blue, we received [22:53.540 --> 23:00.920] a notice of dismissal saying that a cause had been dismissed. [23:00.920 --> 23:04.320] We only had one cause that we were aware of. [23:04.320 --> 23:11.200] Well, if you back up the clock about a week, the opposing party, after having received [23:11.200 --> 23:18.440] notice that his case had been received by the court, and here's the new cause number, [23:18.440 --> 23:26.160] he filed another pleading identical to the one that had been transferred. [23:26.160 --> 23:28.980] So that one was dismissed. [23:28.980 --> 23:36.960] We didn't receive a copy of that pleading, we just received a copy of the dismissal. [23:36.960 --> 23:40.360] So we thought there's no need to go to trial. [23:40.360 --> 23:45.700] It's all been dismissed, oh happy day, wrong. [23:45.700 --> 23:48.980] We didn't need to show up for the one that we didn't know about, but we should have showed [23:48.980 --> 23:53.480] up for the one that we did know about because that one was still going. [23:53.480 --> 24:03.800] So we didn't show up and we got a default judgment against us. [24:03.800 --> 24:09.520] I filed one day late, the judge said she had no jurisdiction. [24:09.520 --> 24:12.920] I filed a notice of void judgment. [24:12.920 --> 24:18.000] She set that notice of void judgment for hearing. [24:18.000 --> 24:21.020] We went to the hearing. [24:21.020 --> 24:25.320] My issues in standing resided in title. [24:25.320 --> 24:31.080] I was in a court with limited jurisdiction that could not hear issues of title, so those [24:31.080 --> 24:34.000] issues were set aside. [24:34.000 --> 24:38.000] The remaining issue was the statute of limitations. [24:38.000 --> 24:44.400] The complaining party, my argument was that the complaining party had filed two years [24:44.400 --> 24:49.680] and three months outside the jurisdiction, I'm sorry, outside the statute of limitations [24:49.680 --> 24:52.320] for filing a forcible detainer. [24:52.320 --> 25:02.360] They argued that it did not apply and appealed to the court for an opportunity to brief the [25:02.360 --> 25:04.920] issue out. [25:04.920 --> 25:10.520] And counsel was given the opportunity to brief his issue out. [25:10.520 --> 25:16.320] Each side was given one week, one to file, the other to respond. [25:16.320 --> 25:20.360] We got ours, we got a copy of their non-responsive response. [25:20.360 --> 25:25.280] I don't know, I'm going to say 90% of it was non-responsive. [25:25.280 --> 25:32.080] The other 10% that was pursuant to the issue of statute of limitations was 100% off point [25:32.080 --> 25:37.920] and I pointed that out in my brief, which I got filed in a timely manner, only for the [25:37.920 --> 25:46.920] judge to decide that she did not have jurisdiction to hear my appeal because it was filed one [25:46.920 --> 25:54.120] day late when my appeal was based on the fact that they filed two years, three months too [25:54.120 --> 25:55.840] late. [25:55.840 --> 26:03.560] My argument is that the trial court lacked jurisdiction to hear the suit from its onset, [26:03.560 --> 26:06.640] not an appeal thereupon. [26:06.640 --> 26:07.640] End of story. [26:07.640 --> 26:10.640] Randy, you still awake? [26:10.640 --> 26:16.760] Ah, somebody muted my mic again. [26:16.760 --> 26:18.760] That's an old one. [26:18.760 --> 26:19.760] Okay. [26:19.760 --> 26:20.760] Dirty rotten scoundrels. [26:20.760 --> 26:21.760] That's pretty awesome. [26:21.760 --> 26:22.760] Dirty rotten scoundrels. [26:22.760 --> 26:23.760] Yep. [26:23.760 --> 26:24.760] Okay. [26:24.760 --> 26:29.080] End of August. [26:29.080 --> 26:33.120] We're talking about statement of facts here. [26:33.120 --> 26:40.440] Somewhere around the end of August, if you're writing a, when you write a statement of facts, [26:40.440 --> 26:43.440] there is an art to it. [26:43.440 --> 26:53.080] You can't make, in a statement of facts, you don't want to make, draw conclusions. [26:53.080 --> 27:03.360] So your reader in reading your statement of facts is necessarily going to draw conclusions. [27:03.360 --> 27:11.640] When you write a statement of facts, always keep in mind that your reader will draw conclusions [27:11.640 --> 27:17.360] and you want to entice your reader to draw conclusions. [27:17.360 --> 27:25.840] What you do not want to do is try to manipulate your reader into drawing the conclusion that [27:25.840 --> 27:27.840] you want him to draw. [27:27.840 --> 27:28.840] Okay. [27:28.840 --> 27:32.800] You want him to come to that zone? [27:32.800 --> 27:37.000] Well, you do want to manipulate him, but not directly. [27:37.000 --> 27:38.000] Gotcha. [27:38.000 --> 27:43.480] You want to manipulate him indirectly. [27:43.480 --> 27:53.440] And the way we do that is we very carefully craft our facts in such a way that a reasonable [27:53.440 --> 27:59.240] person reading those facts will come to the conclusion that you want them to come to. [27:59.240 --> 28:10.440] And something blatant that was missed here that you came to at the end, and this illustrates [28:10.440 --> 28:25.000] a good point of how to construct these documents, is that there was a alleged default on a alleged [28:25.000 --> 28:26.280] debt. [28:26.280 --> 28:31.360] The default occurred on X date. [28:31.360 --> 28:37.520] A foreclosure action was instituted on X Y date. [28:37.520 --> 28:43.040] That foreclosure action was dismissed on Z date. [28:43.040 --> 28:53.760] This sets up your argument on subject matter jurisdiction. [28:53.760 --> 28:57.160] You're pointing out when a cause of action would have accrued. [28:57.160 --> 29:00.160] Accrued, exactly. [29:00.160 --> 29:13.320] Which, by the way, Randy, in the opposing party's brief, they stipulated that the cause [29:13.320 --> 29:20.120] of action accrues on the fourth day after having received a three-day notice to vacate. [29:20.120 --> 29:24.160] And that makes perfectly good sense because they think they've been harmed, but they're [29:24.160 --> 29:28.080] going to be nice and they're going to let you stay there for three more days. [29:28.080 --> 29:31.560] And then on day four, now you've got to get out. [29:31.560 --> 29:35.800] They are right in terms of an eviction. [29:35.800 --> 29:36.800] Correct. [29:36.800 --> 29:41.720] But if they don't have subject matter jurisdiction, evoke subject matter jurisdiction in court [29:41.720 --> 29:44.880] in the first place, then they can't go for the eviction. [29:44.880 --> 29:45.880] Hang on. [29:45.880 --> 29:46.880] Exactly. [29:46.880 --> 29:52.320] Randy Kelton, Steve Skidmore, Rule of Law Radio, I call it number 512-646-1984. [29:52.320 --> 29:58.600] Rob, I'll see you there, we'll be right back. [29:58.600 --> 30:06.640] Few people realize today's cameras encode precise GPS location data into your photos. [30:06.640 --> 30:10.520] That means an online creep could use your birthday pictures to pinpoint your home. [30:10.520 --> 30:13.720] And Dr. Catherine Albrecht details in a moment. [30:13.720 --> 30:19.080] Your search engine is watching you, recording all your searches and creating a massive database [30:19.080 --> 30:20.800] of your personal information. [30:20.800 --> 30:22.040] That's creepy. [30:22.040 --> 30:24.440] But it doesn't have to be that way. [30:24.440 --> 30:27.520] Startpage.com is the world's most private search engine. [30:27.520 --> 30:31.400] Startpage doesn't store your IP address, make a record of your searches or use tracking [30:31.400 --> 30:33.680] cookies and they're third-party certified. [30:33.680 --> 30:38.160] If you don't like big brother spying on you, start over with Startpage. [30:38.160 --> 30:41.000] Great search results and total privacy. [30:41.000 --> 30:43.760] Startpage.com, the world's most private search engine. [30:43.760 --> 30:47.400] These days, smartphones with built-in cameras are all the rage. [30:47.400 --> 30:51.840] But I bet you don't know the information hidden in the photo's digital files could invade [30:51.840 --> 30:52.840] your privacy. [30:52.840 --> 30:57.680] Many new smartphone cameras geotag photographs and videos with the exact coordinates where [30:57.680 --> 30:59.240] the images were taken. [30:59.240 --> 31:03.840] Not only are the latitude and longitude numbers recorded, but many include a mapping feature [31:03.840 --> 31:06.000] that's like putting a pin on a map. [31:06.000 --> 31:09.880] The next time you want to upload a picture of your kids in the pool to Facebook or Twitter, [31:09.880 --> 31:10.880] think twice. [31:10.880 --> 31:14.640] If you don't want strangers knowing where your children live, review your manufacturer's [31:14.640 --> 31:18.800] instructions and disable the geotagging application on your camera. [31:18.800 --> 31:20.680] I'm Dr. Catherine Albrecht. [31:20.680 --> 31:30.680] More news and information at CatherineAlbrecht.com. [31:30.680 --> 31:36.040] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [31:36.040 --> 31:38.280] The government says that fire brought it down. [31:38.280 --> 31:43.120] However, 1,500 architects and engineers concluded it was a controlled demolition. [31:43.120 --> 31:45.800] Over 6,000 of my fellow service members have given their lives. [31:45.800 --> 31:48.560] Thousands of my fellow first responders are dying. [31:48.560 --> 31:49.960] I'm not a conspiracy theorist. [31:49.960 --> 31:50.960] I'm a structural engineer. [31:50.960 --> 31:52.400] I'm a New York City correction officer. [31:52.400 --> 31:53.400] I'm an Air Force pilot. [31:53.400 --> 31:55.040] I'm a father who lost his son. [31:55.040 --> 31:57.680] We're Americans, and we deserve the truth. [31:57.680 --> 31:59.640] Go to RememberBuilding7.org today. [31:59.640 --> 32:05.040] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:05.040 --> 32:08.840] In today's America, we live in an us-against-them society, and if we, the people, are ever going [32:08.840 --> 32:12.760] to have a free society, then we're going to have to stand and defend our own rights. [32:12.760 --> 32:16.000] Among those rights are the right to travel freely from place to place, the right to act [32:16.000 --> 32:19.680] in our own private capacity, and most importantly, the right to due process of law. [32:19.680 --> 32:23.880] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [32:23.880 --> 32:25.240] our rights through due process. [32:25.240 --> 32:29.240] Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the [32:29.240 --> 32:33.000] most comprehensive teaching tool available that will help you understand what due process [32:33.000 --> 32:35.120] is and how to hold courts to the rule of law. [32:35.120 --> 32:39.400] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:39.400 --> 32:40.720] ordering your copy today. [32:40.720 --> 32:43.920] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:43.920 --> 32:48.480] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:48.480 --> 32:50.800] documents and other useful resource material. [32:50.800 --> 32:54.760] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.760 --> 33:03.760] Order your copy today and together we can have the free society we all want and deserve. [33:03.760 --> 33:24.960] You're listening to the Logos Radio Network at logosradionetwork.com. [33:24.960 --> 33:25.960] We are back. [33:25.960 --> 33:31.520] Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking about a statement [33:31.520 --> 33:32.520] of facts. [33:32.520 --> 33:42.560] And I'm doing this because this is a way for me to work out how to present the subject. [33:42.560 --> 33:50.600] I'm planning on putting together a seminar for primarily for people in family law issues. [33:50.600 --> 33:56.240] We have a peer in the Dallas-Fort Worth area of people in family law issues trying to deal [33:56.240 --> 34:00.760] with the family courts, which are a real mess. [34:00.760 --> 34:08.360] But family law being as emotional as it is, it's giving these people a fit trying to deal [34:08.360 --> 34:09.360] with it. [34:09.360 --> 34:16.880] And the lawyers, when you get in a family law situation, you got two people and you [34:16.880 --> 34:20.200] got two lawyers. [34:20.200 --> 34:29.840] And each person has, I've been calling this a three-sided chessboard, it's actually four-sided. [34:29.840 --> 34:33.880] You have your lawyer on one side. [34:33.880 --> 34:40.280] You have the opponent's lawyer on the other side and the judge in the middle. [34:40.280 --> 34:43.440] And everybody has alliances. [34:43.440 --> 34:50.880] If you're ever to have any positive results, you're going to need to break some of these [34:50.880 --> 34:56.840] alliances because your lawyer is going to look at your estate and try to determine how [34:56.840 --> 35:03.840] much of your estate he can extract in adjudicating your case. [35:03.840 --> 35:06.960] The other person's lawyer is going to do the same thing. [35:06.960 --> 35:10.320] These two lawyers have an alliance with one another. [35:10.320 --> 35:14.440] They're both going to extract as much from their clients as they can. [35:14.440 --> 35:19.320] And then they're going to come together and make a deal that their clients can live with [35:19.320 --> 35:24.120] to the point that they won't sue the lawyers for malpractice. [35:24.120 --> 35:34.040] So they're in business, they're not your buddies and you can't expect a lawyer to risk his [35:34.040 --> 35:37.480] professional career for your case. [35:37.480 --> 35:41.480] Both of these lawyers, while they're doing these things, they have an alliance with the [35:41.480 --> 35:42.480] judge. [35:42.480 --> 35:49.240] Now, they know that the judge can jerk their bar card on a whim, can file sanctions against [35:49.240 --> 35:52.800] them if they do anything to annoy him. [35:52.800 --> 35:58.480] So do you really think that your lawyer is going to do something that would further your [35:58.480 --> 36:07.040] case if it's going to PO the judge at him so that the judge in the next hearing screws [36:07.040 --> 36:12.400] his client to get back at him for what he does in this hearing? [36:12.400 --> 36:18.560] In order to win your case, you have to understand these influences that are going on. [36:18.560 --> 36:20.440] And we're not going to get into all of those today. [36:20.440 --> 36:21.960] We may do that at another time. [36:21.960 --> 36:29.600] But the first thing you have to do is be able to give the judge something he can work with. [36:29.600 --> 36:38.120] And the problem with a story like this is the thing that Steve should have said at the [36:38.120 --> 36:45.920] very beginning was the thing he said at the very end. [36:45.920 --> 36:51.240] And as with anything, if you're going to prepare a motion, the first thing you have to do is [36:51.240 --> 36:54.200] tell the judge what you're going to tell him. [36:54.200 --> 36:57.040] Tell him and then tell him what you told him. [36:57.040 --> 37:05.320] When you write a statement of facts, you need to do it the same way, if you can. [37:05.320 --> 37:12.720] And here, you don't have to say the date of this first hearing. [37:12.720 --> 37:17.560] Things occurred before this first hearing that set this hearing up. [37:17.560 --> 37:23.880] And there were some important things that set this hearing up that Steve got to at the [37:23.880 --> 37:33.280] very last thing he said, the first thing he should have did was put in information that [37:33.280 --> 37:42.480] would either cause the reader to come to the conclusion that these guys were out of time [37:42.480 --> 37:53.160] or set it up so that the reader says, why did he put those facts in there? [37:53.160 --> 37:58.880] Why did he put in that a alleged default on a mortgage occurred on this date? [37:58.880 --> 38:05.280] Now he's going to kind of understand this because the nature of the case is an unlawful [38:05.280 --> 38:07.800] detainer hearing. [38:07.800 --> 38:09.760] So he's giving background. [38:09.760 --> 38:13.520] On this date, there was a alleged default. [38:13.520 --> 38:19.440] And we're not talking about the default in the unlawful detainer case. [38:19.440 --> 38:24.440] We're talking about the default on the original mortgage. [38:24.440 --> 38:28.360] And then there was an action to foreclose. [38:28.360 --> 38:32.840] The action to foreclose was dismissed on this date. [38:32.840 --> 38:38.480] And then plaintiff filed another action to foreclose. [38:38.480 --> 38:44.480] And then plaintiff foreclosed on this date. [38:44.480 --> 38:55.600] The entity who alleged to have taken possession of the property filed a notice to vacate on [38:55.600 --> 39:03.080] this date, then filed a petition for an unlawful detainer hearing on this date. [39:03.080 --> 39:08.880] And normally you just do the last part that's about the unlawful detainer hearing, but you're [39:08.880 --> 39:14.200] going to bring up issues that go to subject matter jurisdiction. [39:14.200 --> 39:22.880] And the issues that go to subject matter jurisdiction are that the filings in the, there were filings [39:22.880 --> 39:28.880] in the court case that caused the foreclosure to be dismissed. [39:28.880 --> 39:33.760] I know some about this case, so I know there were court filings. [39:33.760 --> 39:38.040] Court filings are public record. [39:38.040 --> 39:42.480] Everybody knows what is in the court record. [39:42.480 --> 39:47.440] When I mentioned earlier that when you go into court, you're not really speaking English, [39:47.440 --> 39:50.200] you're speaking legalese. [39:50.200 --> 39:57.000] And these courts have a different set of rules than we do out here in everyday life. [39:57.000 --> 40:02.360] In everyday life, if you want me to know something, you have to tell me pretty well directly. [40:02.360 --> 40:08.520] But in court, in a legal issue, anything that's filed in the public record, you have imputed [40:08.520 --> 40:10.400] knowledge of. [40:10.400 --> 40:13.360] You don't have to have actual knowledge, you have to have imputed knowledge of. [40:13.360 --> 40:20.880] So these actions that took place in the court, every actor is construed to have imputed knowledge. [40:20.880 --> 40:27.920] So you tell them when the default occurred, what action was taken, and then the action [40:27.920 --> 40:30.560] was dismissed. [40:30.560 --> 40:33.200] Which brings me to a whole question. [40:33.200 --> 40:39.320] If the original foreclosure was dismissed, how did they get to the second one? [40:39.320 --> 40:40.320] Steve? [40:40.320 --> 40:43.880] Oh, you're asking me? [40:43.880 --> 40:44.880] Okay. [40:44.880 --> 40:45.880] Yeah. [40:45.880 --> 40:53.440] Okay, in, to fill in the blanks that you're talking about, in 2009, the property was alleged [40:53.440 --> 40:56.760] to be foreclosed on. [40:56.760 --> 40:59.200] How long did it take them to foreclose? [40:59.200 --> 41:03.200] When did you, or did they allege you originally went into default? [41:03.200 --> 41:04.200] 2007. [41:04.200 --> 41:05.200] 2007. [41:05.200 --> 41:08.200] That's when the clock starts. [41:08.200 --> 41:10.200] That's when the clock started. [41:10.200 --> 41:11.200] Okay. [41:11.200 --> 41:12.200] 2009. [41:12.200 --> 41:22.920] Right, in 2009, they finally foreclosed and allegedly sold the property on May 5th, 2009. [41:22.920 --> 41:25.840] Okay. [41:25.840 --> 41:32.240] Approximately three days later, we received a three-day notice to vacate, had to sign [41:32.240 --> 41:40.680] a green card to get it, got another one the next day via regular ground mail, first-class [41:40.680 --> 41:44.000] mail. [41:44.000 --> 41:50.600] So we refused, we did not move out, instead we went to the hearing, prior to going to [41:50.600 --> 41:55.520] the hearing, we filed suit in the district court. [41:55.520 --> 42:04.080] When we got to the original forcible detainer hearing, there was a company representative, [42:04.080 --> 42:10.040] not a bar card attorney, showed up to represent the, I believe it was a property management [42:10.040 --> 42:17.600] company that sent us the property management company outfit out of Dallas, also a debt [42:17.600 --> 42:19.800] collector, third-party debt collector. [42:19.800 --> 42:27.480] Anyway, they sent somebody out to talk to the court, and when the judge called our name, [42:27.480 --> 42:32.160] we stood up, Skidmore's here, Your Honor, this lady over on the other side of the court [42:32.160 --> 42:37.000] stood up and said, we're here too, Your Honor, can we go talk out in the hall? [42:37.000 --> 42:39.160] Sure, go talk out in the hall. [42:39.160 --> 42:43.200] So she, out in the hall, she asked me, Mr. Skidmore, what do we got? [42:43.200 --> 42:49.400] I said, well, I believe this has been a wrongful foreclosure, and we've filed a wrongful foreclosure [42:49.400 --> 42:56.720] suit in the district court, and she offered, oh, well, this court can't hear it. [42:56.720 --> 43:02.440] I said, okay, that's fine, you know, it's kind of the way I think too. [43:02.440 --> 43:07.600] So she said, tell you what, I'll go in there and tell the judge that we'll just sit on [43:07.600 --> 43:11.520] our heels until the district court makes its decision. [43:11.520 --> 43:13.720] That's exactly what happened. [43:13.720 --> 43:22.000] Okay, court ruled it had lack subject matter jurisdiction, sorry, it granted a plea and [43:22.000 --> 43:23.000] abatement. [43:23.000 --> 43:24.000] Correct. [43:24.000 --> 43:25.000] Granted an abatement. [43:25.000 --> 43:26.000] Correct. [43:26.000 --> 43:27.000] Now. [43:27.000 --> 43:36.040] Then, on what day, okay, here's one of the things we need to sort out, is what information [43:36.040 --> 43:38.720] you don't give them. [43:38.720 --> 43:40.440] Right. [43:40.440 --> 43:46.440] That last bit of information, I would never give it. [43:46.440 --> 43:48.560] Only that, not that the other party agreed. [43:48.560 --> 43:55.760] Hold on, this is Randy Kelton, Steve Skidmore of Rouvla Radio, I'll call him number 512-646-1984, [43:55.760 --> 43:58.760] we'll be right back. [43:58.760 --> 44:05.960] Hello, my name is Stuart Smith from naturespureorganics.com. [44:05.960 --> 44:10.920] And I would like to invite you to come by our store at 1904 Guadalupe Street, Sweet [44:10.920 --> 44:15.360] D here in Austin, Texas, buying brave new books and chase things to see all our fantastic [44:15.360 --> 44:17.560] health and wellness products with your very own eyes. [44:17.560 --> 44:22.760] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.760 --> 44:26.760] Take a peek at some of our other wonderful products, including our Australian Eme oil, [44:26.760 --> 44:30.480] lotion candles, olive oil, soaps, and colloidal silver and gold. [44:30.480 --> 44:43.320] Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com. [44:43.320 --> 45:01.440] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [45:01.440 --> 45:04.640] Are you the plaintiff or defendant in a lawsuit? [45:04.640 --> 45:11.400] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course [45:11.400 --> 45:14.400] that will show you how in 24 hours, step-by-step. [45:14.400 --> 45:19.120] If you have a lawyer, know what your lawyer should be doing. [45:19.120 --> 45:23.400] If you don't have a lawyer, know what you should do for yourself. [45:23.400 --> 45:29.120] Thousands have won with our step-by-step course, and now you can too. [45:29.120 --> 45:35.040] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:35.040 --> 45:39.640] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.640 --> 45:43.840] principles and practices that control our American courts. [45:43.840 --> 45:50.040] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:50.040 --> 45:52.240] pro se tactics, and much more. [45:52.240 --> 46:00.040] Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [46:00.040 --> 46:20.020] Oh, yeah, always I must be careful what I'm wishing for. [46:20.020 --> 46:35.020] Always I must be careful what I'm wishing for When I'm hungry I'd like to know just what I'm fishing for [46:35.020 --> 46:40.020] I ain't asking for much, I ain't trying to feed no blood [46:40.020 --> 46:45.020] Okay, we are back, Randy Kelton, Steve Skidmore, this is our radio [46:45.020 --> 46:54.020] and we'd appreciate if everybody who really feels they get some value from this show [46:54.020 --> 47:01.020] go to Logos Radio Network and have a look at the gun giveaway we got [47:01.020 --> 47:10.020] and the other benefits we have from donating to the network [47:10.020 --> 47:18.020] and look over our sponsors and see if we have some sponsors there that offer a product that would be of value to you [47:18.020 --> 47:24.020] it would be of great benefit for us if you would use our sponsors [47:24.020 --> 47:31.020] that way it'll make them think that their sponsorship with us is of value to them [47:31.020 --> 47:34.020] and help us keep the show on the air [47:34.020 --> 47:42.020] Okay, during the break we're talking to Steve and Steve has been around this for a long time [47:42.020 --> 47:46.020] he's done shows with us for a long time, he did his own show for a while [47:46.020 --> 47:54.020] so he's someone who's not exactly your novice [47:54.020 --> 47:58.020] but he dropped right into the details [47:58.020 --> 48:02.020] he dropped right into telling the story [48:02.020 --> 48:07.020] and this is what we need to learn how to avoid [48:07.020 --> 48:12.020] That's exactly what you wanted, you said tell me a story, so I told you a story [48:12.020 --> 48:18.020] Yeah, I did and then it went back and now we're going to change it into a statement of facts [48:18.020 --> 48:24.020] now I need facts and I need facts that will lead the reader [48:24.020 --> 48:31.020] and I'm not picking on you, this is a, it may be that I didn't frame it well enough [48:31.020 --> 48:33.020] No, that's fine, keep going [48:33.020 --> 48:35.020] I would rather pick on you [48:35.020 --> 48:37.020] You haven't offended me [48:37.020 --> 48:41.020] Well, okay, I'm working on it, I'll get better [48:41.020 --> 48:46.020] I've been offended by far better looking people than you, Randy [48:46.020 --> 48:50.020] Yeah, you hurt my feelings [48:50.020 --> 48:54.020] We can write down everything that happened [48:54.020 --> 48:59.020] but for a statement of facts and I generally ask for a timeline because that makes it closer to you [48:59.020 --> 49:03.020] You see why, how the statement of facts really turns into a timeline [49:03.020 --> 49:09.020] In 2007, it was alleged that they went into default [49:09.020 --> 49:14.020] In 2009, there was a foreclosure [49:14.020 --> 49:19.020] Now these dates are really, really important [49:19.020 --> 49:28.020] because at the end, his last thing he said was these guys never had subject matter jurisdiction [49:28.020 --> 49:31.020] to initiate the foreclosure [49:31.020 --> 49:38.020] They never had authority to file the substitute trustee's deed in the record [49:38.020 --> 49:42.020] and I didn't even see that one addressed in the facts [49:42.020 --> 49:48.020] So we want to say these facts occurred on this date [49:48.020 --> 49:54.020] In 2007, there was an alleged default, in 2009 there was a foreclosure [49:54.020 --> 49:59.020] on whatever date there was, there was an unlawful detainer hearing [49:59.020 --> 50:03.020] which was dismissed and not abated [50:03.020 --> 50:04.020] Correct [50:04.020 --> 50:10.020] And abated means that the case is still open, the judge is just not going to set any hearings [50:10.020 --> 50:14.020] or do anything until something else is done [50:14.020 --> 50:18.020] But in this case, the other side agreed to dismiss, so they just dismissed [50:18.020 --> 50:23.020] So the case went away, so if they wanted to do it again [50:23.020 --> 50:26.020] then they had to file another unlawful detainer hearing [50:26.020 --> 50:27.020] Correct [50:27.020 --> 50:33.020] It's really important to understand the law and the rules [50:33.020 --> 50:38.020] Steve, will you tell them why that dismissal is so important? [50:38.020 --> 50:48.020] Well, in the eyes of law, if something is dismissed, it is as if it never took place [50:48.020 --> 50:55.020] So, in the eyes of the law, this action was dismissed, it was not abated [50:55.020 --> 51:00.020] and I'd like to go over that as well, and that's an important point [51:00.020 --> 51:07.020] The opposing counsel in this most recent hearing said that [51:07.020 --> 51:12.020] Well, Your Honor, the Skidmore's filed suit in the district court [51:12.020 --> 51:19.020] Well, anytime a judge in the state of Texas goes, or anytime an individual decides they want to be a judge [51:19.020 --> 51:23.020] they've got to go to school to learn to be a judge [51:23.020 --> 51:25.020] Okay, stop, not where I'm going [51:25.020 --> 51:26.020] Sorry [51:26.020 --> 51:34.020] This is really, really important, this dismissal is really, really important [51:34.020 --> 51:41.020] Well, they didn't show up for the second hearing, it was put off for two weeks, they didn't show up for the hearing [51:41.020 --> 51:44.020] So we got default [51:44.020 --> 51:50.020] They filed a notice to vacate [51:50.020 --> 51:55.020] When does the cause of action accrue on the notice to vacate? [51:55.020 --> 52:00.020] Well, they didn't actually file, per se, the notice to vacate, they sent it by [52:00.020 --> 52:05.020] They filed it, okay, they sent you a notice to vacate [52:05.020 --> 52:07.020] Right [52:07.020 --> 52:11.020] When does a cause accrue? [52:11.020 --> 52:20.020] The cause accrues according to them, the cause accrues on the fourth day when we refuse to move out [52:20.020 --> 52:32.020] Okay, after a cause accrues in an unlawful detainer, how long do you have to adjudicate the cause? [52:32.020 --> 52:36.020] Two years from the day after the cause accrues [52:36.020 --> 52:39.020] They had two years from the fifth [52:39.020 --> 52:43.020] They had two years from the tenth [52:43.020 --> 52:53.020] They foreclosed on the fifth, they sent the three-day notice to vacate, we had until the tenth to be out [52:53.020 --> 52:55.020] Oh, okay, so then it was [52:55.020 --> 52:58.020] On the morning, yes, on the morning of the tenth [52:58.020 --> 52:59.020] Okay [52:59.020 --> 53:00.020] The cause accrued [53:00.020 --> 53:09.020] Okay, okay, I had my numbers wrong, okay, so I had the fourth day and I read it as the fourth of the month, okay [53:09.020 --> 53:10.020] Right [53:10.020 --> 53:17.020] On the tenth day, that was your last day, so the cause accrued on the eleventh [53:17.020 --> 53:19.020] The cause accrued [53:19.020 --> 53:21.020] The day after [53:21.020 --> 53:28.020] Yes, which would mean the twelfth, two years forward, that bell rings [53:28.020 --> 53:32.020] Okay, so they've got two years [53:32.020 --> 53:45.020] Now, if the reason for the 2007 date when a default occurred, how long do they have after the default occurs to foreclose? [53:45.020 --> 53:48.020] Four years, I think [53:48.020 --> 53:51.020] Four years, that's really, really important [53:51.020 --> 54:08.020] Because when we get to the end of this story, we're going to count the days and because the original foreclosure was vacated [54:08.020 --> 54:15.020] They got four years from the 2007 date to get another foreclosure completed [54:15.020 --> 54:30.020] Well, the foreclosure wasn't vacated, the forcible detainer was vacated [54:30.020 --> 54:35.020] Okay, that'll raise an issue [54:35.020 --> 54:41.020] Okay, 2007 there was a default, 2009 there was a foreclosure [54:41.020 --> 54:43.020] Correct [54:43.020 --> 54:48.020] And 2009, I take it, there was the unlawful detainer [54:48.020 --> 54:53.020] Correct [54:53.020 --> 54:55.020] And that was dismissed [54:55.020 --> 54:57.020] Correct [54:57.020 --> 55:00.020] That raises an interesting question [55:00.020 --> 55:04.020] And it's kind of not going where I want it to, but [55:04.020 --> 55:06.020] I'm sorry, you want to back up? [55:06.020 --> 55:14.020] No, you filed a suit, unlawful detainer, you filed a [55:14.020 --> 55:16.020] In the interim [55:16.020 --> 55:20.020] Yeah, in the interim, so how does that affect the two-year statute? [55:20.020 --> 55:23.020] It does not [55:23.020 --> 55:29.020] Okay, then, good, okay, that was a legal question, I didn't know the answer to [55:29.020 --> 55:32.020] So, from 2005 [55:32.020 --> 55:37.020] Since, since the, in the Fuchs doctrine, Fuchs points out that [55:37.020 --> 55:44.020] Regardless of the venue, if I filed something in a district or even in the federal court [55:44.020 --> 55:48.020] The jurisdictions run concurrent with [55:48.020 --> 55:55.020] Either one of those jurisdictions run concurrent with the justice court [55:55.020 --> 56:00.020] So they had every opportunity in the world to move forward with that [56:00.020 --> 56:02.020] With the foreclosure and they didn't [56:02.020 --> 56:05.020] Well, with the forcible detainer [56:05.020 --> 56:06.020] I'm sorry [56:06.020 --> 56:10.020] Yeah, they had every opportunity in the world to move forward and they chose not to [56:10.020 --> 56:14.020] Okay, when you write a statement of facts [56:14.020 --> 56:21.020] You want to isolate what your claims are [56:21.020 --> 56:24.020] And once you have your claims isolated [56:24.020 --> 56:31.020] Now you start constructing the facts to lead a listener or a reader [56:31.020 --> 56:36.020] To come to the conclusions that you're going to come to [56:36.020 --> 56:39.020] When you get to your argument in support [56:39.020 --> 56:48.020] There was a foreclosure, there was an alleged default in 07, there was a foreclosure in 09 [56:48.020 --> 57:02.020] There was a unlawful detainer in suit instituted which started the eviction clock [57:02.020 --> 57:06.020] Which created the claim on a certain date [57:06.020 --> 57:08.020] And we calculated like the 11th [57:08.020 --> 57:13.020] Okay, now they've got two years from that date to get you evicted [57:13.020 --> 57:17.020] Two years and 24 hours [57:17.020 --> 57:19.020] We already added a date to it [57:19.020 --> 57:21.020] Anyway, close enough [57:21.020 --> 57:24.020] They got two years to get that done [57:24.020 --> 57:31.020] So here we are in 2013 is when this was occurring, right? [57:31.020 --> 57:33.020] It was 2013 [57:33.020 --> 57:38.020] Okay, so this is four years later [57:38.020 --> 57:48.020] So all they really need in the statement of facts is an alleged default occurred in 07 [57:48.020 --> 57:52.020] And a foreclosure occurred in 09 [57:52.020 --> 57:56.020] Unlawful detainer occurred in 09 [57:56.020 --> 57:59.020] Dismissal on X date [57:59.020 --> 58:05.020] And I take it they filed a second unlawful detainer [58:05.020 --> 58:07.020] In 2013 [58:07.020 --> 58:11.020] After the lawsuit was exhausted [58:11.020 --> 58:14.020] Two years, yes, oh yes [58:14.020 --> 58:16.020] Okay [58:16.020 --> 58:18.020] Hang on [58:18.020 --> 58:20.020] We'll go to calls when we come back [58:20.020 --> 58:23.020] This is not working as well as I wanted it to [58:23.020 --> 58:25.020] Am I being difficult? [58:25.020 --> 58:31.020] No, I need to work on my presentation and how to structure this [58:31.020 --> 58:38.020] What I have in my mind makes sense to my listener and I'm not doing a very good job of that [58:38.020 --> 58:43.020] Okay, Randy Kelton, Steve Skidmore, Ruval Radio, Rob, Jason, I see you there [58:43.020 --> 58:46.020] We'll take your calls when we come back on the other side [58:46.020 --> 58:50.020] Our phone lines are going to stay open, give us a call [58:50.020 --> 58:54.020] Would you like to make more definite progress in your walk with God? [58:54.020 --> 59:00.020] Bibles for America is offering a free study Bible and a set of free Christian books that can really help [59:00.020 --> 59:06.020] The New Testament Recovery Version is one of the most comprehensive study Bibles available today [59:06.020 --> 59:13.020] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life [59:13.020 --> 59:18.020] The free books are a three volume set called Basic Elements of the Christian Life [59:18.020 --> 59:24.020] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation [59:24.020 --> 59:27.020] Growing in Christ and how to build up the Church [59:27.020 --> 59:33.020] To order your free New Testament Recovery Version and Basic Elements of the Christian Life [59:33.020 --> 59:40.020] Call Bibles for America toll free at 888-551-0102 [59:40.020 --> 59:44.020] That's 888-551-0102 [59:44.020 --> 01:00:00.020] Or visit us online at bfa.org [01:00:14.020 --> 01:00:16.020] Gold opened today at $1,228 [01:00:16.020 --> 01:00:19.020] Silver opened at $20.03 [01:00:19.020 --> 01:00:22.020] While Bitcoin is trading at $807.99 [01:00:22.020 --> 01:00:27.020] Support for Liberty Beat comes from the Center for Natural Living Safe Water Initiative [01:00:27.020 --> 01:00:32.020] A philanthropic effort to give at least 100 fluoride water filters to Austin families in need [01:00:32.020 --> 01:00:37.020] To sign up to receive a filter or to donate visit austinsafewater.com [01:00:37.020 --> 01:00:40.020] Support comes from the Food is Free Project [01:00:40.020 --> 01:00:44.020] Growing community and food while helping gain independence from a broken agricultural system [01:00:44.020 --> 01:00:47.020] Online, foodisfreeproject.com [01:00:47.020 --> 01:00:51.020] Support also comes from Brave New Books, your local source for Tangy Tangerine [01:00:51.020 --> 01:00:53.020] One World Way and clearly filtered [01:00:53.020 --> 01:00:56.020] Find them at Austin at 1904 Guadalupe Street [01:00:56.020 --> 01:00:59.020] Or online at bravenewbookstore.com [01:00:59.020 --> 01:01:04.020] In the news, according to a poll conducted by the AP NORC Center for Public Affairs Research [01:01:04.020 --> 01:01:09.020] Americans have a growing distrust for the government's ability to fix the problems facing the nation [01:01:09.020 --> 01:01:14.020] It's called Sovereign BTC [01:01:14.020 --> 01:01:18.020] That's the new podcast launched by the Liberty Beat's own John Bush [01:01:18.020 --> 01:01:21.020] And now part of Let's Talk Bitcoin's podcast contest [01:01:21.020 --> 01:01:24.020] Turn a slot on their soon to launch Bitcoin network [01:01:24.020 --> 01:01:28.020] Sovereign BTC is your guide to the practical side of everyday Bitcoin use [01:01:28.020 --> 01:01:32.020] And can be heard at sovereignbtc.com backslash podcast [01:01:32.020 --> 01:01:35.020] While you're there, find out how to vote for John's podcast [01:01:35.020 --> 01:01:37.020] And now this week's Bitcoin Tip of the Week [01:01:37.020 --> 01:01:39.020] It's all about transaction fees [01:01:39.020 --> 01:01:45.020] The blockchain serves as a public ledger where all Bitcoin transactions are recorded in sections called blocks [01:01:45.020 --> 01:01:49.020] These transactions are accepted and confirmed on the blockchain by miners [01:01:49.020 --> 01:01:52.020] The work miners do helps prevent double spending of Bitcoins [01:01:52.020 --> 01:01:55.020] And ensures the security of the Bitcoin network [01:01:55.020 --> 01:01:59.020] In order to incentivize miners to process your transaction quickly [01:01:59.020 --> 01:02:05.020] A small fee of.0001 Bitcoin is appreciated for a miner's efforts [01:02:05.020 --> 01:02:11.020] The fees are not mandatory, but they're seen as a contribution to the overall durability and resilience of the Bitcoin network [01:02:11.020 --> 01:02:14.020] This week's Bitcoin Tip of the Week, sponsored by blockchain.info [01:02:14.020 --> 01:02:17.020] The world's most popular Bitcoin wallet, simple and secure [01:02:17.020 --> 01:02:21.020] Blockchain is the easiest way to get started using Bitcoin [01:02:21.020 --> 01:02:25.020] To learn more or to create a wallet today, visit blockchain.info [01:02:25.020 --> 01:02:27.020] The Liberty Beat's brought to you by Austin Animal Clinic [01:02:27.020 --> 01:02:30.020] Celebrating their 59th year of quality, compassionate pet care [01:02:30.020 --> 01:02:36.020] In Austin at 4330 North Lamar Boulevard, by phone 512-453-6686 [01:02:36.020 --> 01:02:39.020] Or online at AustinAnimalClinic.com [01:02:39.020 --> 01:02:45.020] Support also comes from Central Texas Gunworks, CH Health Courses, Self Defense Training and Firearms Sales [01:02:45.020 --> 01:02:52.020] Call about 512-731-3585 online at CentralTexasGunworks.com [01:02:52.020 --> 01:02:56.020] This is The Liberty Beat for Friday, January 3rd, 2014 [01:02:56.020 --> 01:03:00.020] Check out the website at TheLibertyBeat.com [01:03:26.020 --> 01:03:48.020] OK, we are back, Randy Kelton, Steve Skidmore with our radio [01:03:48.020 --> 01:03:51.020] And it looks like we lost Rob [01:03:51.020 --> 01:03:56.020] Rob's a truck driver, he probably pulled over to make this call [01:03:56.020 --> 01:04:03.020] And he was sitting there with the engine running and the diesel fumes caused deadheading [01:04:03.020 --> 01:04:05.020] And that's probably why we lost him [01:04:05.020 --> 01:04:08.020] That's not what deadheading is [01:04:08.020 --> 01:04:12.020] That's coming back empty handed [01:04:12.020 --> 01:04:15.020] That's traveling, that's traveling, not driving [01:04:15.020 --> 01:04:18.020] Oh, OK, that's traveling, OK [01:04:18.020 --> 01:04:21.020] You're right, that's traveling [01:04:21.020 --> 01:04:24.020] And for those of you who have looked at the travel issue [01:04:24.020 --> 01:04:31.020] That's exactly right, and the police know that [01:04:31.020 --> 01:04:38.020] Because a big rig, if he drops off a load at a warehouse [01:04:38.020 --> 01:04:45.020] And then has to run empty to another warehouse to pick up a load [01:04:45.020 --> 01:04:49.020] And he's not being paid for that mileage [01:04:49.020 --> 01:04:52.020] Then that doesn't go in his logbook [01:04:52.020 --> 01:04:57.020] Because he's not in commerce then, he's not driving then [01:04:57.020 --> 01:05:00.020] The only time it goes on his logbook is when he's driving [01:05:00.020 --> 01:05:08.020] In that period of time he's traveling from one point of commerce to another [01:05:08.020 --> 01:05:13.020] So they already fully know that for the most part we're traveling and not driving [01:05:13.020 --> 01:05:19.020] OK, we're going to go, it looks like he got over his bout of deadheading [01:05:19.020 --> 01:05:22.020] Hello, Rob [01:05:22.020 --> 01:05:25.020] Hey Steve, are you close enough to reach over and smack Randy? [01:05:25.020 --> 01:05:29.020] No, but the next time I see him I will [01:05:29.020 --> 01:05:35.020] My wife's been wanting me to kick him in the pants for quite a while too [01:05:35.020 --> 01:05:40.020] I keep trying to get stopped where he's at so I can beat him up [01:05:40.020 --> 01:05:49.020] I'm not worried because I can run faster skewered than you can man [01:05:49.020 --> 01:05:52.020] Yeah, you probably beat me up too [01:05:52.020 --> 01:05:55.020] OK, what's up Rob? [01:05:55.020 --> 01:06:00.020] Well, I've got two questions that are unrelated to what I called about [01:06:00.020 --> 01:06:03.020] And a whole bunch of classical music in the background [01:06:03.020 --> 01:06:05.020] And I don't know where that's coming from [01:06:05.020 --> 01:06:07.020] Can you guys hear that? [01:06:07.020 --> 01:06:09.020] No [01:06:09.020 --> 01:06:11.020] Oh, OK [01:06:11.020 --> 01:06:14.020] That's really distracting [01:06:14.020 --> 01:06:20.020] When's the last time you told your therapist about this, Rob? [01:06:20.020 --> 01:06:23.020] Yeah, that's driving [01:06:23.020 --> 01:06:26.020] I'm sorry, I had to say that [01:06:26.020 --> 01:06:31.020] Let me just get to the main issues, see if I can focus on it [01:06:31.020 --> 01:06:38.020] OK, short story long, about two months ago I took my truck in for service [01:06:38.020 --> 01:06:43.020] Found out there was a transmission leak, among other things [01:06:43.020 --> 01:06:47.020] I took it to the Freightliner shop in Albuquerque and said [01:06:47.020 --> 01:06:51.020] Transmission leak needs to be fixed, this other stuff needs to be done [01:06:51.020 --> 01:06:54.020] I get it back eight days later and they said [01:06:54.020 --> 01:06:59.020] We fixed all the other stuff, there's no transmission leak [01:06:59.020 --> 01:07:03.020] I get down the road a week, take it to another shop and they say [01:07:03.020 --> 01:07:06.020] Hey, you got a transmission leak [01:07:06.020 --> 01:07:09.020] I take it back to Albuquerque Freightliner and say [01:07:09.020 --> 01:07:13.020] Hey, this truck has a transmission leak, I told you this truck had a transmission leak [01:07:13.020 --> 01:07:16.020] You didn't fix it, fix it [01:07:16.020 --> 01:07:21.020] And they kind of argue with me and make some excuses but then they fix it [01:07:21.020 --> 01:07:26.020] And wow, that music gets louder [01:07:26.020 --> 01:07:28.020] You guys talk [01:07:28.020 --> 01:07:33.020] Rob, take your meds, take your meds [01:07:33.020 --> 01:07:36.020] OK, ignore the music because we're not getting it on this end [01:07:36.020 --> 01:07:41.020] Yeah, I've got to be picking up a radio station on my phone or something [01:07:41.020 --> 01:07:49.020] OK, what was your question on that? They fixed your transmission leak the second time [01:07:49.020 --> 01:07:54.020] OK, I told them it was a leak in the transmission [01:07:54.020 --> 01:07:58.020] They get my truck for a week, get me out of work, I'm not making any money [01:07:58.020 --> 01:08:01.020] I get the truck back, they tell me there is no transmission leak [01:08:01.020 --> 01:08:05.020] I find out a week later that yeah, there is a transmission leak still [01:08:05.020 --> 01:08:07.020] And I take it back to them [01:08:07.020 --> 01:08:13.020] And they did eventually fix it right after another week and a half [01:08:13.020 --> 01:08:18.020] Does that constitute any kind of breach of contract or do I have any other contract? [01:08:18.020 --> 01:08:26.020] I don't think so because they're going to say they looked at it and couldn't find a transmission leak [01:08:26.020 --> 01:08:34.020] And you're going to say there was one and they're going to say, well, we couldn't find one and we didn't charge you to fix one [01:08:34.020 --> 01:08:42.020] And you're going to say, well, I had to bring it back and then I had to be down over another period waiting for you to get to it [01:08:42.020 --> 01:08:43.020] Right [01:08:43.020 --> 01:08:45.020] And so you cost me all this extra time [01:08:45.020 --> 01:08:53.020] And they're going to say, no, because you didn't have to bring it back to us, you could have took it to anybody [01:08:53.020 --> 01:08:55.020] Yeah [01:08:55.020 --> 01:08:58.020] I don't think you're going to have a cause of action [01:08:58.020 --> 01:09:02.020] Yeah, you could have left it at the guy that said, hey, look, you got a transmission leak [01:09:02.020 --> 01:09:03.020] Right, right [01:09:03.020 --> 01:09:06.020] Well, the first place that told me that, couldn't fix it [01:09:06.020 --> 01:09:11.020] The second one could have, but I would have been in a hotel for three days [01:09:11.020 --> 01:09:15.020] And I didn't think I was going to be able to work for a week and a half on the transmission leak [01:09:15.020 --> 01:09:16.020] Right [01:09:16.020 --> 01:09:18.020] Well, see, when you were saying all that [01:09:18.020 --> 01:09:25.020] And when you said that you went back to the first company that you went to, the one that said that, initially said there was [01:09:25.020 --> 01:09:28.020] Then did a lot of work and then said there wasn't [01:09:28.020 --> 01:09:33.020] I was wondering after you had another guy tell you, hey, look, you got a transmission leak [01:09:33.020 --> 01:09:38.020] Why did you take it back to the first one that missed it in the first place? [01:09:38.020 --> 01:09:43.020] You know, that's a good question [01:09:43.020 --> 01:09:48.020] I just stuck with the second guy that said, hey, look, there, you got a transmission leak [01:09:48.020 --> 01:09:51.020] I can stick a plug in that and fix it for you, would you please? Thank you [01:09:51.020 --> 01:09:53.020] That'd be, you know, $800 [01:09:53.020 --> 01:09:57.020] Why didn't you just drop some egg whites in it and go on? [01:09:57.020 --> 01:09:59.020] Egg whites? [01:09:59.020 --> 01:10:02.020] Granny's got a cure for everything [01:10:02.020 --> 01:10:05.020] That is an old cure for transmission leaks [01:10:05.020 --> 01:10:08.020] I don't think that'll work [01:10:08.020 --> 01:10:11.020] Was it a high pressure leak? [01:10:11.020 --> 01:10:15.020] It's a seal between the transmission and the motor [01:10:15.020 --> 01:10:17.020] It'll work [01:10:17.020 --> 01:10:20.020] It'll seal them, or you can put a little sodium silicate in it [01:10:20.020 --> 01:10:24.020] No, sodium silicate may, you got an automatic? [01:10:24.020 --> 01:10:27.020] No, no, it's a 10 speed [01:10:27.020 --> 01:10:30.020] Yeah, throw some egg white in it, take care of it [01:10:30.020 --> 01:10:36.020] The egg white will cook around the edge of the seal, seal it up [01:10:36.020 --> 01:10:41.020] Or throw some automatic transmission fluid in and soften up your seals [01:10:41.020 --> 01:10:44.020] Make them grab back [01:10:44.020 --> 01:10:49.020] Or you could put a little sodium silicate in it [01:10:49.020 --> 01:10:55.020] Or you could take it to a mechanic who knows what he's doing [01:10:55.020 --> 01:10:57.020] Yeah [01:10:57.020 --> 01:11:00.020] I think I'm going for this one [01:11:00.020 --> 01:11:02.020] Let me give him my other question real quick [01:11:02.020 --> 01:11:08.020] What happens if a foreclosure mill files a foreclosure [01:11:08.020 --> 01:11:15.020] and they cite the wrong statute, cite something else instead of the foreclosure statute? [01:11:15.020 --> 01:11:26.020] If it is, if there is a relevant statute, the fact that they cited the wrong one is not really relevant [01:11:26.020 --> 01:11:30.020] They're going to call that nuns protunk [01:11:30.020 --> 01:11:34.020] If they have a right to foreclose, they have a right to foreclose [01:11:34.020 --> 01:11:40.020] Whether they cite the right statute that says they have a right to foreclose or not [01:11:40.020 --> 01:11:44.020] If it comes down to it, the court will allow them time to amend [01:11:44.020 --> 01:11:47.020] And you're right back to it, you're just prolonging the inevitable [01:11:47.020 --> 01:11:51.020] Yeah, that's what the term nuns protunk is for [01:11:51.020 --> 01:11:57.020] Yeah, we're way past all that, I was just wondering if I could throw at them [01:11:57.020 --> 01:12:01.020] I mean I've got no standing [01:12:01.020 --> 01:12:07.020] Nuns protunk is legalese for oops [01:12:07.020 --> 01:12:11.020] Not a fatal flaw [01:12:11.020 --> 01:12:13.020] Right [01:12:13.020 --> 01:12:19.020] Okay, thank you Rob [01:12:19.020 --> 01:12:23.020] Now we're going to go to Jerry in Texas [01:12:23.020 --> 01:12:26.020] Hello Jerry, what do you have for us today? [01:12:26.020 --> 01:12:31.020] I'm the one that emailed you earlier this week [01:12:31.020 --> 01:12:37.020] That's funny, I get about a hundred a day [01:12:37.020 --> 01:12:43.020] Mine's on perjury charges in Utah and I'm down in Texas [01:12:43.020 --> 01:12:45.020] In 2004 [01:12:45.020 --> 01:12:47.020] Oh, they charged you with perjury [01:12:47.020 --> 01:12:50.020] Yeah, they charged me with perjury [01:12:50.020 --> 01:12:53.020] What in the world were you doing in Utah? [01:12:53.020 --> 01:12:58.020] It was a company that I worked for was being sued by a medical [01:12:58.020 --> 01:13:02.020] Oh man, you need to stay home in Texas [01:13:02.020 --> 01:13:04.020] I got forced up there [01:13:04.020 --> 01:13:08.020] At least this side of the Mason-Dixon line [01:13:08.020 --> 01:13:13.020] Oh yeah, well I like this side of the Mason-Dixon line [01:13:13.020 --> 01:13:15.020] I didn't mean to interrupt [01:13:15.020 --> 01:13:19.020] What was the allegation? [01:13:19.020 --> 01:13:24.020] I had deleted stuff off my company computer before I sent it up there [01:13:24.020 --> 01:13:27.020] And I deleted personal things [01:13:27.020 --> 01:13:31.020] Once I sent it up to Utah, it went to my company [01:13:31.020 --> 01:13:36.020] Well, when they turned it over to the people that did the forensics [01:13:36.020 --> 01:13:40.020] I had a whole bunch of stuff that was deleted off of it [01:13:40.020 --> 01:13:45.020] Oh, so you didn't give them the computer? [01:13:45.020 --> 01:13:51.020] No, no, they had us FedEx it overnight to the company's location [01:13:51.020 --> 01:13:55.020] Then the forensics people came out to the company's place [01:13:55.020 --> 01:14:00.020] And then started doing the forensics and copied the drives [01:14:00.020 --> 01:14:05.020] And came up with, we had all these deletions [01:14:05.020 --> 01:14:10.020] Yeah, but if they didn't reformat the drives [01:14:10.020 --> 01:14:15.020] Then they could recover them [01:14:15.020 --> 01:14:22.020] Yeah, well the forensics group came in and found all the deletions and all this stuff [01:14:22.020 --> 01:14:28.020] When they found the deletions, they should have been able to find the date it was deleted [01:14:28.020 --> 01:14:33.020] Yep, and it was dated the night that I did my deletions [01:14:33.020 --> 01:14:38.020] And since then I found out from an IT person, they go, well that's easy [01:14:38.020 --> 01:14:41.020] You just fire up a computer, redate it [01:14:41.020 --> 01:14:44.020] Redate it, do your deletions [01:14:44.020 --> 01:14:49.020] And then redate it again, and all of a sudden, hey [01:14:49.020 --> 01:14:54.020] Okay, then you file an affidavit [01:14:54.020 --> 01:15:01.020] That you made deletions that only went to personal information [01:15:01.020 --> 01:15:06.020] And sent the computer to your company [01:15:06.020 --> 01:15:09.020] And send that to the prosecuting attorney [01:15:09.020 --> 01:15:15.020] And request that he provide this information as exculpatory evidence [01:15:15.020 --> 01:15:19.020] Have you already been indicted or have you just been charged? [01:15:19.020 --> 01:15:26.020] No, I've got five indictments against me right now [01:15:26.020 --> 01:15:30.020] Okay, and challenge the indictments [01:15:30.020 --> 01:15:31.020] Okay [01:15:31.020 --> 01:15:35.020] Challenge the sufficiency of the indictment and ask for an evidentiary hearing [01:15:35.020 --> 01:15:40.020] Well, and this is one key thing that was brought out [01:15:40.020 --> 01:15:44.020] Because I went to court in February of 2010 [01:15:44.020 --> 01:15:49.020] And this happened back in September 24th of 2009 [01:15:49.020 --> 01:15:57.020] We got on the stand and they were like, well did you not get the court order not to delete anything from your computers? [01:15:57.020 --> 01:16:02.020] And we're going, no, the company never gave us anything in writing [01:16:02.020 --> 01:16:07.020] They sent out two emails, I never saw them because I was having email problems [01:16:07.020 --> 01:16:14.020] And then they told us on the phone, don't send your computer in [01:16:14.020 --> 01:16:19.020] And don't delete anything that had to pertain to the case [01:16:19.020 --> 01:16:22.020] But they never told us anything about the case [01:16:22.020 --> 01:16:37.020] Okay, this here, just prepare that for David, do you have another employee who will testify essentially of the same thing? [01:16:37.020 --> 01:16:41.020] Yeah, there was six of us that were brought out and now [01:16:41.020 --> 01:16:43.020] Okay, okay, hang on, I have to go to break [01:16:43.020 --> 01:16:52.020] This is Red Kelton, Steve Sidmore, we'll have our radio, our caller number, 512-646-1984, give us a call [01:16:52.020 --> 01:16:57.020] We'll have the phone lines open all night, we'll be right back [01:17:02.020 --> 01:17:05.020] To celebrate recent victories for our right to bear arms [01:17:05.020 --> 01:17:10.020] Logos Radio Network is giving away two firearms as part of this year's fundraiser [01:17:10.020 --> 01:17:13.020] Sponsored by Zombie Killers, Ammo and Guns [01:17:13.020 --> 01:17:17.020] Support Logos Radio Network by donating just $25 to their fundraiser [01:17:17.020 --> 01:17:19.020] And you'll get your name entered into the drawing [01:17:19.020 --> 01:17:23.020] First place prize is a Ruger LC-9 with laser and holster [01:17:23.020 --> 01:17:28.020] Second place prize is a Mosin M1891-30 with bayonet [01:17:28.020 --> 01:17:31.020] Every $25 you donate will put your name in the hat [01:17:31.020 --> 01:17:34.020] So increase your chances of winning by increasing your donation [01:17:34.020 --> 01:17:38.020] Winners must be eligible to lawfully own and possess these items [01:17:38.020 --> 01:17:41.020] Please visit logosradionetwork.com for details [01:17:41.020 --> 01:17:45.020] If you love all the liberty minded programming on Logos Radio Network [01:17:45.020 --> 01:17:52.020] Contribute to their fundraiser and secure your chance to win a Ruger LC-9 or a Mosin M1891-30 [01:17:52.020 --> 01:17:54.020] Sponsored by Zombie Killers, Ammo and Guns [01:17:54.020 --> 01:17:57.020] Like them on Facebook at Zombie Killers LLC [01:17:57.020 --> 01:18:00.020] Contest ends January 31st [01:18:01.020 --> 01:18:05.020] At Capital Coin and Bullion, our mission is to be your preferred shopping destination [01:18:05.020 --> 01:18:09.020] By delivering excellent customer service and outstanding value at an affordable price [01:18:09.020 --> 01:18:15.020] We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals [01:18:15.020 --> 01:18:19.020] We cater to beginners in coin collecting as well as large transactions for investors [01:18:19.020 --> 01:18:24.020] We believe in educating our customers with resources from top accredited metals dealers and journalists [01:18:24.020 --> 01:18:27.020] If we don't have what you're looking for, we can find it [01:18:27.020 --> 01:18:32.020] In addition, we carry popular young Jeopardy products such as Beyond Tangy Tangerine and Pollenbursts [01:18:32.020 --> 01:18:39.020] We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition at 10% above wholesale and more [01:18:39.020 --> 01:18:43.020] We broker metals IRA accounts and we also accept Bitcoins as payment [01:18:43.020 --> 01:18:46.020] Call us at 512-646-6440 [01:18:46.020 --> 01:18:51.020] We're located at 73-04 Burnet Road, Suite A, about a half mile south of Anderson [01:18:51.020 --> 01:18:55.020] We're open Monday through Friday 10 to 6, Saturdays 10 to 2 [01:18:55.020 --> 01:19:02.020] Visit us at capitalcoin and bullion.com or call 512-646-6440 [01:19:25.020 --> 01:19:38.020] Okay, we are back, Randy Kelton and Sidney Skidmore, we're on the radio and we're talking to Jerry in Texas [01:19:38.020 --> 01:19:46.020] And Jerry, you said there were five or six other individuals, were they all indicted as well? [01:19:46.020 --> 01:19:56.020] No, only three of us, the former CEO and then another guy that we were just field service guys [01:19:56.020 --> 01:20:03.020] And he's up in New York State and we've been indicted for perjury [01:20:03.020 --> 01:20:19.020] They had the magistrate up there did recommendations from the court that was in February [01:20:19.020 --> 01:20:29.020] And what they did with us when we went up there in February is the whole time they were saying the lawyer for the company was covering all of us [01:20:29.020 --> 01:20:36.020] We get up there for court and the night before court they go, y'all need to make a decision [01:20:36.020 --> 01:20:44.020] Either you got to get a lawyer or sign this paper and we'll give you another lawyer [01:20:44.020 --> 01:20:51.020] And just put it all on the spot, so they gave us this one guy that just stood there and said nothing [01:20:51.020 --> 01:20:57.020] And we didn't know what evidence was out there, what hadn't been done, what hadn't been done [01:20:57.020 --> 01:21:04.020] And then ended up the company, they're trying to say we deleted all the information, they shouldn't have any problems [01:21:04.020 --> 01:21:08.020] They had been deleting company records for five years [01:21:08.020 --> 01:21:13.020] So they're making you the scapegoat, you and two others, three others [01:21:13.020 --> 01:21:15.020] Yeah, no [01:21:15.020 --> 01:21:20.020] Okay, I tell you what's probably happening [01:21:20.020 --> 01:21:23.020] You are a small fish [01:21:23.020 --> 01:21:28.020] They're almost certainly going to use these indictments for you to testify against [01:21:28.020 --> 01:21:31.020] Excuse me [01:21:31.020 --> 01:21:32.020] Salute [01:21:32.020 --> 01:21:36.020] Yeah, they're going to get you to testify against the company [01:21:36.020 --> 01:21:39.020] How long has this been going on? [01:21:39.020 --> 01:21:48.020] Well, it ended in I think 2011 or 2010 [01:21:48.020 --> 01:21:52.020] Okay, hold on, it, it, what is, it ended, what ended? [01:21:52.020 --> 01:22:03.020] The lawsuit between Phillips and the previous employer [01:22:03.020 --> 01:22:06.020] I'm trying to see [01:22:06.020 --> 01:22:14.020] Okay, what I'm trying to get to is who has what kind of claims [01:22:14.020 --> 01:22:22.020] You know, they're going after potentially minions [01:22:22.020 --> 01:22:27.020] Why would they go after minions when they could go after the company because [01:22:27.020 --> 01:22:36.020] The company actually said I was a manager and they said only managers had the ability to do the deletions that would not [01:22:36.020 --> 01:22:42.020] Were you aware that you were a manager? You say that like you didn't know you were a manager [01:22:42.020 --> 01:22:46.020] No, I didn't, I had no clue [01:22:46.020 --> 01:22:51.020] Did you have the access codes to make these changes? [01:22:51.020 --> 01:22:55.020] No, I was down in Texas before [01:22:55.020 --> 01:22:58.020] Okay, well this, all of this seems pretty straightforward [01:22:58.020 --> 01:23:08.020] This should give an affidavit to the court and a challenge to the sufficiency of the indictments [01:23:08.020 --> 01:23:14.020] I'd like to go back to something, you made a statement there, you said that everybody there had [01:23:14.020 --> 01:23:21.020] You and five others or six others had gotten an email correspondence or some sort of correspondence [01:23:21.020 --> 01:23:29.020] Saying that you need to pack up your computers and send them to some designation [01:23:29.020 --> 01:23:34.020] But don't delete anything pertinent to the case [01:23:34.020 --> 01:23:38.020] That is the statement that I'm honing in on [01:23:38.020 --> 01:23:45.020] Are there others who would have received a similar or the same correspondence? [01:23:45.020 --> 01:23:50.020] Yeah, we actually went on a conference call and they told all of us [01:23:50.020 --> 01:23:56.020] And we all sent it in and then the six of us were called back because we all deleted stuff [01:23:56.020 --> 01:24:03.020] Okay, hang on just a second, there's something here that I'd kind of like to throw some emphasis on [01:24:03.020 --> 01:24:09.020] When they say don't delete anything pertinent to the case [01:24:09.020 --> 01:24:14.020] They are by default giving you permission to delete certain things [01:24:14.020 --> 01:24:17.020] But not anything pertinent to the case [01:24:17.020 --> 01:24:20.020] Did they out, you'd also alluded to something else [01:24:20.020 --> 01:24:25.020] Did they outline what would have been pertinent to the case? [01:24:25.020 --> 01:24:27.020] No [01:24:27.020 --> 01:24:31.020] Okay, there's your way out, number two [01:24:31.020 --> 01:24:33.020] Number one, they gave you permission [01:24:33.020 --> 01:24:35.020] Number two, they did not set parameters [01:24:35.020 --> 01:24:42.020] Number three, what you're telling us is that all you removed were like pictures of the kids [01:24:42.020 --> 01:24:45.020] Pictures of your mom, your dog [01:24:45.020 --> 01:24:47.020] Wait, hold on, hold on [01:24:47.020 --> 01:24:52.020] The information that you are alleged to have deleted [01:24:52.020 --> 01:24:55.020] Did you have exclusive access to this information [01:24:55.020 --> 01:25:01.020] Or was this information also on the company's computer? [01:25:01.020 --> 01:25:06.020] Yes, most of it was on the company computer [01:25:06.020 --> 01:25:12.020] And actually I had one document that was given to me by the sales manager [01:25:12.020 --> 01:25:20.020] That his computer happened to disappear for six weeks and came back completely clean [01:25:20.020 --> 01:25:25.020] And so they're saying that I was the one that had this document [01:25:25.020 --> 01:25:28.020] And I'm like, no, I didn't [01:25:28.020 --> 01:25:31.020] But when we were on the sand, they went and let us [01:25:31.020 --> 01:25:34.020] They only asked us the questions they wanted to hear [01:25:34.020 --> 01:25:35.020] And then we tried to [01:25:35.020 --> 01:25:38.020] That's why you file an affidavit [01:25:38.020 --> 01:25:41.020] Have you already been prosecuted on this? [01:25:41.020 --> 01:25:46.020] No, I'm supposed to go up on the 29th up to Utah [01:25:46.020 --> 01:25:50.020] File an affidavit of fact with the court [01:25:50.020 --> 01:25:51.020] Okay [01:25:51.020 --> 01:25:54.020] Put all your information in the affidavit [01:25:54.020 --> 01:26:00.020] Now the question, my next door neighbor works for the district attorney down here [01:26:00.020 --> 01:26:02.020] And he's the police officer for him [01:26:02.020 --> 01:26:08.020] And he goes, asked me, he goes, did you ever receive a written notice from the [01:26:08.020 --> 01:26:13.020] From the judge stating, don't delete anything from your computer [01:26:13.020 --> 01:26:17.020] I don't know, they've never sent us anything in writing [01:26:17.020 --> 01:26:22.020] Then you were not given notice not to [01:26:22.020 --> 01:26:25.020] Well, and the judge's orders were don't delete anything [01:26:25.020 --> 01:26:29.020] The company came back and said, don't delete anything that [01:26:29.020 --> 01:26:34.020] Okay, who did the judge issue the order to? [01:26:34.020 --> 01:26:36.020] To my previous company [01:26:36.020 --> 01:26:40.020] Okay, the company is overshadowing [01:26:40.020 --> 01:26:43.020] The court said, don't delete anything [01:26:43.020 --> 01:26:47.020] And the company said, don't delete anything pertinent to the case [01:26:47.020 --> 01:26:53.020] Then the company is trying to overshadow a court order [01:26:53.020 --> 01:26:58.020] That's not your fault, that's the company's fault [01:26:58.020 --> 01:26:59.020] Yeah, but the [01:26:59.020 --> 01:27:03.020] Okay, how are they getting to you personally [01:27:03.020 --> 01:27:11.020] When the order was issued to the court and not to each one of you who had information [01:27:11.020 --> 01:27:15.020] When they listed, when they brought up the lawsuit [01:27:15.020 --> 01:27:20.020] They listed every employee that used to work for the previous company [01:27:20.020 --> 01:27:26.020] Okay, yeah, so did they notice every employee? [01:27:26.020 --> 01:27:27.020] No [01:27:27.020 --> 01:27:29.020] Oh, hold on, hold on [01:27:29.020 --> 01:27:30.020] Okay [01:27:30.020 --> 01:27:34.020] You all had one lawyer? [01:27:34.020 --> 01:27:36.020] Yes [01:27:36.020 --> 01:27:39.020] They noticed the lawyer [01:27:39.020 --> 01:27:44.020] And the lawyer didn't send you a copy of the notice [01:27:44.020 --> 01:27:45.020] Well, we didn't [01:27:45.020 --> 01:27:50.020] The lawyer that we got was six hours prior to we going to the court [01:27:50.020 --> 01:27:52.020] No, no, no, no [01:27:52.020 --> 01:27:58.020] The company in the suit when the order was issued by the judge [01:27:58.020 --> 01:28:02.020] That they're claiming that you violated [01:28:02.020 --> 01:28:03.020] Yes [01:28:03.020 --> 01:28:09.020] You can only be held to a specific obligation [01:28:09.020 --> 01:28:15.020] So were you named in the lawsuit? [01:28:15.020 --> 01:28:17.020] Yes [01:28:17.020 --> 01:28:22.020] Did the lawyer send you a copy of the order? [01:28:22.020 --> 01:28:26.020] No, we never got any copies of anything [01:28:26.020 --> 01:28:34.020] Ignorance of the law excuses not while ignorance of the fact excuses [01:28:34.020 --> 01:28:40.020] You were ignorance of the fact that there was a notice from the court [01:28:40.020 --> 01:28:42.020] You were never given a copy of that [01:28:42.020 --> 01:28:48.020] So how were you to have known not to take pictures of your sweet dearly departed dog or whatever [01:28:48.020 --> 01:28:50.020] I don't know what you took off the computer [01:28:50.020 --> 01:29:03.020] As far as you knew, there was no order for you from the court not to delete anything [01:29:03.020 --> 01:29:04.020] Correct [01:29:04.020 --> 01:29:09.020] The fact that the lawyer may have told you something like that, that doesn't bind you [01:29:09.020 --> 01:29:12.020] He would have needed to send you the order [01:29:12.020 --> 01:29:14.020] You never saw the order [01:29:14.020 --> 01:29:24.020] And I know there's only three ways they can do it, either certified by courier or by law enforcement [01:29:24.020 --> 01:29:34.020] The only way they can do it is some way by which they can prove that they sent it to you and that you got it [01:29:34.020 --> 01:29:36.020] Oh really? [01:29:36.020 --> 01:29:40.020] Yeah, well the only reason for certified mail is so they can prove you got it [01:29:40.020 --> 01:29:41.020] Yeah [01:29:41.020 --> 01:29:44.020] That's the only important part about it [01:29:44.020 --> 01:29:50.020] So if they send it by courier and the courier will testify that he sent it, that he delivered it to you [01:29:50.020 --> 01:29:54.020] Or they had a process server or they sent it by certified mail and you signed for it [01:29:54.020 --> 01:30:00.020] Hang on, Randy Kelton, Deborah Stevens, Steve Skidmore, we'll be right back [01:30:03.020 --> 01:30:08.020] What would you do if you ran into a pack of wolves on your way home from work? [01:30:08.020 --> 01:30:15.020] I'm Dr. Catherine Albrecht and I'll tell you how one brave 13-year-old boy scared away four big bad wolves right after this [01:30:15.020 --> 01:30:17.020] Privacy is under attack [01:30:17.020 --> 01:30:21.020] When you give up data about yourself, you'll never get it back again [01:30:21.020 --> 01:30:26.020] And once your privacy is gone, you'll find your freedoms will start to vanish too [01:30:26.020 --> 01:30:31.020] So protect your rights, say no to surveillance and keep your information to yourself [01:30:31.020 --> 01:30:34.020] Privacy, it's worth hanging on to [01:30:34.020 --> 01:30:41.020] This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing [01:30:41.020 --> 01:30:45.020] Start over with Startpage [01:30:45.020 --> 01:30:50.020] Imagine you're walking down a country road when suddenly you're surrounded by hungry wolves [01:30:50.020 --> 01:30:53.020] Should you play dead, wave your arms, try and fight? [01:30:53.020 --> 01:30:56.020] Well, I'd probably try to run and turn into dinner [01:30:56.020 --> 01:31:01.020] But let me tell you what 13-year-old Walter Eichram of Rokestad, Norway did [01:31:01.020 --> 01:31:06.020] When he came face to face with four, count them, four big bad wolves on his way home from school [01:31:06.020 --> 01:31:09.020] He aimed his cell phone at them and cranked up the volume [01:31:09.020 --> 01:31:13.020] The phone had been playing hard rock and the wolves apparently were not fans [01:31:13.020 --> 01:31:18.020] They cringed and then trotted away and Walter high-tailed at home without a scratch [01:31:18.020 --> 01:31:22.020] It's another kid versus wolf story, this one with a happy ending [01:31:22.020 --> 01:31:27.020] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com [01:31:27.020 --> 01:31:35.020] I lost my son, my nephew, my uncle, my son on September 11, 2001 [01:31:35.020 --> 01:31:39.020] Most people don't know that a third tower fell on September 11 [01:31:39.020 --> 01:31:43.020] World Trade Center 7, a 47-story skyscraper was not hit by a plane [01:31:43.020 --> 01:31:47.020] Although the official explanation is that fire brought down Building 7 [01:31:47.020 --> 01:31:51.020] Over 1,200 architects and engineers have looked into the evidence [01:31:51.020 --> 01:31:53.020] And believe there is more to the story [01:31:53.020 --> 01:31:56.020] Bring justice to my son, my uncle, my nephew, my son [01:31:56.020 --> 01:31:58.020] Go to buildingwhat.org [01:31:58.020 --> 01:32:01.020] Why it fell, why it matters, and what you can do [01:32:01.020 --> 01:32:04.020] Nutritious food is real body armor [01:32:04.020 --> 01:32:07.020] It builds muscle, burns fat, improves digestion [01:32:07.020 --> 01:32:10.020] And feeds the entire body the nutrients it needs [01:32:10.020 --> 01:32:14.020] Did you know the U.S. government banned the hemp plant from growing in the United States [01:32:14.020 --> 01:32:18.020] And classified it as a Schedule I drug to hide it behind a marijuana plant [01:32:18.020 --> 01:32:21.020] People have been confused about this plant for over 80 years [01:32:21.020 --> 01:32:24.020] And many still don't know what hemp is [01:32:24.020 --> 01:32:28.020] And now you know hemp is not marijuana, and marijuana is not hemp [01:32:28.020 --> 01:32:31.020] They are different varieties of the same species [01:32:31.020 --> 01:32:34.020] HempUSA.org wants the world to know these basic facts [01:32:34.020 --> 01:32:40.020] And to help people understand that hemp protein powder is the best-kept health secret you need to know about [01:32:40.020 --> 01:32:49.020] Remember, hemp protein powder contains 53% protein, is gluten-free, anti-inflammatory, non-GMO, and is loaded with nutrients [01:32:49.020 --> 01:32:54.020] Call 888-910-4367, 888-910-4367 [01:32:54.020 --> 01:32:58.020] And see what our powder, seeds, and oil can do for you [01:32:58.020 --> 01:33:01.020] Only at HempUSA.org [01:33:01.020 --> 01:33:06.020] Looking for some truth? You found it! [01:33:06.020 --> 01:33:20.020] LogosradioNetwork.com [01:33:36.020 --> 01:33:51.020] Okay, we are back. Randy Kelton, Steve Skidmore, we're talking to Jerry in Texas [01:33:51.020 --> 01:33:56.020] Jerry, do you have your own lawyer? [01:33:56.020 --> 01:33:58.020] No, I don't [01:33:58.020 --> 01:34:00.020] Why not? [01:34:00.020 --> 01:34:06.020] They're in Utah, but they're wanting $10,000 to retain one for a criminal [01:34:06.020 --> 01:34:11.020] Like I said, I was out of work for a year from when this happened [01:34:11.020 --> 01:34:17.020] Did you request court-appointed counsel? [01:34:17.020 --> 01:34:30.020] Monday I'm calling, they gave me a phone number to call to do the pre-trial to set up for, and they can see about counsel [01:34:30.020 --> 01:34:33.020] Yeah? [01:34:33.020 --> 01:34:37.020] I have no credit, and I have no money [01:34:37.020 --> 01:34:40.020] You're not listening, that doesn't matter [01:34:40.020 --> 01:34:43.020] Court-appointed counsel, you don't pay them [01:34:43.020 --> 01:34:47.020] If you have no credit, you have no money, you ask for court-appointed counsel [01:34:47.020 --> 01:34:49.020] Yeah [01:34:49.020 --> 01:34:54.020] You need counsel, you need your own counsel [01:34:54.020 --> 01:34:56.020] Okay [01:34:56.020 --> 01:35:02.020] You can get court-appointed counsel, they can't try you without counsel unless you agree to it [01:35:02.020 --> 01:35:04.020] Okay [01:35:04.020 --> 01:35:09.020] So if you tell them you can't afford counsel, they'll hire them for you, they'll appoint them for you [01:35:09.020 --> 01:35:11.020] Okay [01:35:11.020 --> 01:35:15.020] Then we'll show you how to kick counsels behind [01:35:15.020 --> 01:35:19.020] Then you prepare an affidavit of fact [01:35:19.020 --> 01:35:25.020] And ask the court, ask your lawyer to file it into the record [01:35:25.020 --> 01:35:27.020] When he doesn't, you bar-grieve the lawyer [01:35:27.020 --> 01:35:33.020] And then when the bar-grieve, the lawyer moves to request to be removed from the case [01:35:33.020 --> 01:35:38.020] Then you file an objection to removal to sue the lawyer [01:35:38.020 --> 01:35:44.020] There are a lot of things you can do, but for this, this is way too serious, you need counsel [01:35:44.020 --> 01:35:46.020] Okay [01:35:46.020 --> 01:35:53.020] They said I have to, by the 29th, I have to answer their pleadings [01:35:53.020 --> 01:35:57.020] I did join, get the thing on jurisprudence [01:35:57.020 --> 01:36:02.020] And then you file for pleadings, you just say [01:36:02.020 --> 01:36:06.020] You mean, you're talking about a jurisdictionary? [01:36:06.020 --> 01:36:08.020] Yes, that's correct [01:36:08.020 --> 01:36:10.020] Excellent, excellent, good [01:36:10.020 --> 01:36:12.020] Study that real good [01:36:12.020 --> 01:36:15.020] Then you'll learn how to handle your lawyer [01:36:15.020 --> 01:36:17.020] It's like a lawyer in a can [01:36:17.020 --> 01:36:18.020] Yeah [01:36:18.020 --> 01:36:22.020] Okay, but you need to get court-appointed counsel, you need a lawyer [01:36:22.020 --> 01:36:30.020] This is too serious for you to face without a lawyer, they'll screw you [01:36:30.020 --> 01:36:34.020] You got how many indictments? [01:36:34.020 --> 01:36:36.020] Five [01:36:36.020 --> 01:36:39.020] Wait, you're breaking up [01:36:39.020 --> 01:36:40.020] Five [01:36:40.020 --> 01:36:41.020] I said five [01:36:41.020 --> 01:36:51.020] Okay, five, so five indictments, aggravated perjury, felony indictments, you'll go away a long time [01:36:51.020 --> 01:36:57.020] Do you have a pickup truck or a flat-screen TV? [01:36:57.020 --> 01:36:58.020] Pickup [01:36:58.020 --> 01:37:00.020] You do sell it [01:37:00.020 --> 01:37:02.020] I am [01:37:02.020 --> 01:37:10.020] Do everything you can, but initially request court-appointed counsel [01:37:10.020 --> 01:37:11.020] Okay [01:37:11.020 --> 01:37:22.020] If you have reason to believe that the company deleted this information, you need to file suit against the company and file charges against the company [01:37:22.020 --> 01:37:24.020] Okay [01:37:24.020 --> 01:37:30.020] Okay, but this is not something you should handle yourself [01:37:30.020 --> 01:37:31.020] Okay [01:37:31.020 --> 01:37:39.020] So call the clerk and ask the clerk if she can send you a form to request court-appointed counsel [01:37:39.020 --> 01:37:46.020] And when you do that, when you request counsel, everything will pretty much stop until you get counsel [01:37:46.020 --> 01:37:48.020] Now, here's a question [01:37:48.020 --> 01:37:59.020] This is what I don't know I'm supposed to plan is if I'm supposed to be up in your 29th, if they even set a bill for me, I don't have money to pay for a bill [01:37:59.020 --> 01:38:14.020] So basically at that point, I stay up in Utah, so I have a house that I'm renting down in Texas, my job's down here in Texas and all that [01:38:14.020 --> 01:38:28.020] And as soon as I go up there, basically loses my job, then I'm making back pretty decent money and I don't know what to do [01:38:28.020 --> 01:38:30.020] Get a lawyer [01:38:30.020 --> 01:38:32.020] You have to get a lawyer [01:38:32.020 --> 01:38:35.020] The lawyer may be able to keep you out of jail [01:38:35.020 --> 01:38:49.020] If you've been responding to all their stuff and you haven't tried to hit the road, they may leave you out on personal recognizance [01:38:49.020 --> 01:38:53.020] But you're going to have to have a lawyer [01:38:53.020 --> 01:39:02.020] I don't know how to tell you how to handle that because you're in Texas, they're charging you in Utah, they're probably going to want you in Utah [01:39:02.020 --> 01:39:07.020] Especially if you don't have a lawyer [01:39:07.020 --> 01:39:12.020] But if you get a lawyer, they may let you stay down here as long as you're responsive to the court [01:39:12.020 --> 01:39:17.020] Your lawyer up there may be able to get that done [01:39:17.020 --> 01:39:19.020] Okay [01:39:19.020 --> 01:39:28.020] I'm no fan of lawyers, but I'm less a fan of the biased courts [01:39:28.020 --> 01:39:34.020] And this is way too important for you to risk a pro se bias [01:39:34.020 --> 01:39:44.020] Oh yeah, well that's why I lost all my money down here is because a county court judge has basically wanted to see me bankrupt [01:39:44.020 --> 01:39:51.020] So it's like guys, you succeeded [01:39:51.020 --> 01:39:54.020] Okay, that one I can't go to [01:39:54.020 --> 01:39:56.020] Yeah, that's another thing [01:39:56.020 --> 01:40:02.020] Because I guess about a year ago I called you about, I had some foreclosures [01:40:02.020 --> 01:40:09.020] And I got to get with you about those because I actually found out [01:40:09.020 --> 01:40:16.020] The company, the original mortgage holder, I guess sold the mortgage to another company [01:40:16.020 --> 01:40:19.020] But they failed to put them into the record [01:40:19.020 --> 01:40:23.020] And from that company sold it to Deutsche Bank [01:40:23.020 --> 01:40:28.020] Okay, have the foreclosures been completed? [01:40:28.020 --> 01:40:29.020] Yes [01:40:29.020 --> 01:40:30.020] How long ago? [01:40:30.020 --> 01:40:35.020] They made two years ago [01:40:35.020 --> 01:40:38.020] Okay, running out of time [01:40:38.020 --> 01:40:39.020] Okay [01:40:39.020 --> 01:40:47.020] To make a claim, send me an email on that to randy at Brutal Law Radio [01:40:47.020 --> 01:40:49.020] And that's how we go over offline [01:40:49.020 --> 01:40:56.020] And I need, in order to be able to determine what the condition is and what the chances are [01:40:56.020 --> 01:41:01.020] I would need to see all of the documents that have been filed with the county recorder [01:41:01.020 --> 01:41:02.020] Okay [01:41:02.020 --> 01:41:06.020] Yeah, I'll have to get over that, it's over in Liberty County [01:41:06.020 --> 01:41:10.020] And when they sold them they actually made $30,000 per building [01:41:10.020 --> 01:41:12.020] There was four buildings [01:41:12.020 --> 01:41:15.020] And I called and said, aren't you supposed to give that to me? [01:41:15.020 --> 01:41:18.020] And the lawyer goes, nah, that was lawyer fees [01:41:18.020 --> 01:41:20.020] And laughed [01:41:20.020 --> 01:41:22.020] Okay, we'll see about that [01:41:22.020 --> 01:41:24.020] Let me see what you got [01:41:24.020 --> 01:41:28.020] And then I can give you a good evaluation of what the situation is [01:41:28.020 --> 01:41:32.020] Are these commercial or residential? [01:41:32.020 --> 01:41:37.020] They were residentially loaned, they were four fourplexes [01:41:37.020 --> 01:41:42.020] Wait, what? You broke up [01:41:42.020 --> 01:41:46.020] They were four, they were four fourplexes [01:41:46.020 --> 01:41:49.020] Oh, okay [01:41:49.020 --> 01:41:53.020] Each one was a fourplex, did you live in each one when you purchased it? [01:41:53.020 --> 01:41:54.020] Yeah [01:41:54.020 --> 01:41:55.020] Okay, good, good [01:41:55.020 --> 01:42:03.020] Then send me an email and I need all the documents filed in the county record [01:42:03.020 --> 01:42:06.020] And I'll give you an evaluation [01:42:06.020 --> 01:42:08.020] Okay, I can do that [01:42:08.020 --> 01:42:10.020] Okay, thank you Jerry [01:42:10.020 --> 01:42:12.020] Well, thank you [01:42:12.020 --> 01:42:16.020] Okay, now we're going to go to Darlene in Florida [01:42:16.020 --> 01:42:18.020] Hello, Ms. Darlene [01:42:18.020 --> 01:42:29.020] Hey, I needed to find out what's the procedure to request a mistrial or file for a mistrial [01:42:29.020 --> 01:42:34.020] I had an attorney and I had to terminate them [01:42:34.020 --> 01:42:38.020] Is this civil or criminal? [01:42:38.020 --> 01:42:39.020] Civil [01:42:39.020 --> 01:42:41.020] Okay [01:42:41.020 --> 01:42:50.020] What he did is there was a hearing that was coming up and the other side canceled it [01:42:50.020 --> 01:42:52.020] But he never let me know this [01:42:52.020 --> 01:42:59.020] And he said you're going to need to pay me money otherwise I'm not going in to represent you on that hearing [01:42:59.020 --> 01:43:01.020] So I gave him the money [01:43:01.020 --> 01:43:04.020] I later found out that that hearing was canceled [01:43:04.020 --> 01:43:07.020] So I took him into small claims court [01:43:07.020 --> 01:43:12.020] When we got in there I had this judge who's newly appointed [01:43:12.020 --> 01:43:14.020] He was an attorney [01:43:14.020 --> 01:43:18.020] And I got to state briefly what the case is about [01:43:18.020 --> 01:43:21.020] And then the judge turned to the attorney [01:43:21.020 --> 01:43:28.020] And that attorney proceeded for 40 minutes to go and talk the case and go into all sorts of stuff [01:43:28.020 --> 01:43:32.020] And even question me as if I was a defendant [01:43:32.020 --> 01:43:38.020] When it finally got back to me I was all messed up on the order of what I was presenting [01:43:38.020 --> 01:43:40.020] And he kept interrupting [01:43:40.020 --> 01:43:45.020] So then I just got notice the judge ruled in his favor [01:43:45.020 --> 01:43:48.020] Okay, hang on, we're about to go to break [01:43:48.020 --> 01:43:53.020] This is Randy Kelton, Deborah Stevens, Steve Skidmore, Rouvla Radio [01:43:53.020 --> 01:43:57.020] Our call in number 512-646-1984 [01:43:57.020 --> 01:44:00.020] We'll be right back [01:44:00.020 --> 01:44:04.020] You feel tired when talking about important topics like money and politics? [01:44:04.020 --> 01:44:08.020] Are you confused by words like the Constitution or the Federal Reserve? [01:44:08.020 --> 01:44:13.020] If so, you may be diagnosed with the deadliest disease known today, stupidity [01:44:13.020 --> 01:44:15.020] Hi, my name is Steve Holt [01:44:15.020 --> 01:44:19.020] And like millions of other Americans I was diagnosed with stupidity at an early age [01:44:19.020 --> 01:44:25.020] I had no idea that the number one cause of the disease is found in almost every home in America, the television [01:44:25.020 --> 01:44:30.020] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope [01:44:30.020 --> 01:44:36.020] The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover [01:44:36.020 --> 01:44:43.020] And because of Brave New Books I now enjoy reading and watching educational documentaries without feeling tired or uninterested [01:44:43.020 --> 01:44:50.020] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 [01:44:50.020 --> 01:44:54.020] Or visit them at 1904Guadalupe or bravenewbookstore.com [01:44:54.020 --> 01:45:00.020] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning [01:45:00.020 --> 01:45:04.020] Are you the plaintiff or defendant in a lawsuit? [01:45:04.020 --> 01:45:15.020] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step-by-step [01:45:15.020 --> 01:45:19.020] If you have a lawyer, know what your lawyer should be doing [01:45:19.020 --> 01:45:23.020] If you don't have a lawyer, know what you should do for yourself [01:45:23.020 --> 01:45:28.020] Thousands have won with our step-by-step course, and now you can too [01:45:28.020 --> 01:45:34.020] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience [01:45:34.020 --> 01:45:43.020] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts [01:45:43.020 --> 01:45:52.020] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more [01:45:52.020 --> 01:46:01.020] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ [01:46:22.020 --> 01:46:40.020] Okay, we are back, Randy Kelton, Steve Kiddmore, and we're talking to Darlene in Florida [01:46:40.020 --> 01:46:42.020] Hello, Darlene [01:46:42.020 --> 01:46:43.020] Yes [01:46:43.020 --> 01:46:48.020] Okay, what is your question here? [01:46:48.020 --> 01:46:56.020] What would be a procedure that I need to file for a mistrial on that? [01:46:56.020 --> 01:47:01.020] What is your grounds for the mistrial? [01:47:01.020 --> 01:47:05.020] Well, first of all, this newly appointed judge was an attorney [01:47:05.020 --> 01:47:18.020] And I later found out he was an attorney representing plaintiffs against me, which was, he would have gotten information regarding this subject matter [01:47:18.020 --> 01:47:26.020] Because it's about my same property, but when he became a judge, he had to give up all his cases [01:47:26.020 --> 01:47:39.020] So prior to becoming a judge, okay, then yeah, okay, this wouldn't get a mistrial, this would go for a disqualification or recusal [01:47:39.020 --> 01:47:43.020] Okay, but now where he's already given a decision, how do I... [01:47:43.020 --> 01:47:46.020] Doesn't matter, doesn't matter [01:47:46.020 --> 01:47:53.020] If you recuse the judge because he was judicially unfit to sit in the case [01:47:53.020 --> 01:47:59.020] You need to pull up the Bar Association standards [01:47:59.020 --> 01:48:01.020] You're in Florida? [01:48:01.020 --> 01:48:02.020] Yes [01:48:02.020 --> 01:48:09.020] Pull them up for Florida, they will, there will be a standard in there that goes to that issue [01:48:09.020 --> 01:48:11.020] Okay [01:48:11.020 --> 01:48:27.020] Yeah, he's disqualified because he would have had information about you because he had represented a client in a connected case, he had a duty to disqualify himself [01:48:27.020 --> 01:48:38.020] That should get a judicial conduct complaint against him, a bar grievance against him, and a motion to recuse [01:48:38.020 --> 01:48:44.020] In the end, it's not about the law, it's all about the politics [01:48:44.020 --> 01:48:47.020] Did you bar grieve your lawyer? [01:48:47.020 --> 01:48:53.020] Oh yes, I did, and as a matter of fact, here in Florida, it's a joke [01:48:53.020 --> 01:48:59.020] I mean, it just creates a hassle for them because this attorney was so bad [01:48:59.020 --> 01:49:14.020] The judge himself, on the case he was representing me on, filed a letter with the Florida Bar telling them, you need to look into this attorney's competence to practice law [01:49:14.020 --> 01:49:19.020] And I have a copy of the letter, and we went through two years of doing a complaint [01:49:19.020 --> 01:49:24.020] And they said he needed to go through professional counseling [01:49:24.020 --> 01:49:31.020] Okay, okay, hold on, hold on, listen, listen, you need to understand about this Florida State Bar [01:49:31.020 --> 01:49:39.020] The Florida State Bar is supposedly there to police professional lawyers [01:49:39.020 --> 01:49:51.020] They are there for no such thing, they are a public relations agency for the lawyers, because they're all lawyers [01:49:51.020 --> 01:50:00.020] But the problem is, is that in Florida, the State Bar indemnifies lawyers [01:50:00.020 --> 01:50:11.020] So you should file a lawsuit against the lawyer for malpractice in a district court, there he can't represent himself [01:50:11.020 --> 01:50:20.020] And then he's going to have to hire a lawyer, and the bar is going to get real excited when he gets sued for malpractice [01:50:20.020 --> 01:50:30.020] Then you need to file a bar grievance against this judge and a judicial conduct complaint against the judge because he had a duty to recuse himself [01:50:30.020 --> 01:50:38.020] And he failed in that duty, you can get him recused, whatever he ruled on goes away [01:50:38.020 --> 01:50:45.020] And that will get you your new trial, so you won't have to file for a new trial, that recusal will have that effect [01:50:45.020 --> 01:50:53.020] Okay, so is there like a 30-day time limit, you know, for filing for a recusal? [01:50:53.020 --> 01:51:00.020] No, I think you've probably got a year or two, I don't know, Steve, are you aware of any limitations? [01:51:00.020 --> 01:51:05.020] No, I don't, is it a jurisdictional issue? [01:51:05.020 --> 01:51:18.020] Not exactly, this is not jurisdiction, but since it's recusal, I've read the recusal laws and I don't remember [01:51:18.020 --> 01:51:27.020] I don't remember any limitations, indirectly it would go to jurisdiction [01:51:27.020 --> 01:51:37.020] That may be why I've never seen a statute of limitations on filing a motion to recuse [01:51:37.020 --> 01:51:40.020] That's kind of why I asked if it was a jurisdictional issue [01:51:40.020 --> 01:51:51.020] When did you find out that this judge had been a lawyer against you? Did you know it at the time of the hearing? [01:51:51.020 --> 01:52:02.020] No, no, and it was like in August I had the hearing, and it wasn't until December 13th that he came down with the ruling [01:52:02.020 --> 01:52:04.020] But he held it for six days [01:52:04.020 --> 01:52:10.020] Okay, hold on, hold on, hold on, you can't do that to us, this is what we were talking about in the first part of the show [01:52:10.020 --> 01:52:16.020] December 16th don't mean anything to me [01:52:16.020 --> 01:52:22.020] I need referential index, what does December 16th mean? [01:52:22.020 --> 01:52:35.020] Okay, well his order, the ruling was signed December 13th, and then it was mailed out to me December 19th, six days later [01:52:35.020 --> 01:52:45.020] When did you find out that he was a lawyer and adverse to you in another case? [01:52:45.020 --> 01:52:49.020] September [01:52:49.020 --> 01:52:52.020] Give me a year [01:52:52.020 --> 01:53:00.020] Look, here's a problem, this is what we were talking about earlier, about facts [01:53:00.020 --> 01:53:06.020] You think I know where these numbers go to, I don't have a clue [01:53:06.020 --> 01:53:07.020] Right [01:53:07.020 --> 01:53:10.020] Was it September of the same year? [01:53:10.020 --> 01:53:15.020] Yes, September 2013 is when I found out [01:53:15.020 --> 01:53:17.020] So when was the hearing? [01:53:17.020 --> 01:53:20.020] August 2013 is when we had the hearing [01:53:20.020 --> 01:53:31.020] Okay, that's good enough, so you didn't know about it at the time of the hearing, so you didn't know the recusion at the time of the hearing [01:53:31.020 --> 01:53:32.020] Correct [01:53:32.020 --> 01:53:34.020] Go back and file a motion to recuse [01:53:34.020 --> 01:53:36.020] Okay [01:53:36.020 --> 01:53:55.020] It's not reasonable that at the time he rendered the ruling he had no authority to sit because he was incompetent by way of having acted adverse to you in a prior hearing [01:53:55.020 --> 01:54:09.020] So yeah, motion to recuse and judicial conduct, bar grievance, give him as much grief as you can, it's not about the laws, it's about the politics [01:54:09.020 --> 01:54:11.020] Okay [01:54:11.020 --> 01:54:23.020] You're going to make him not want to have anything to do with you, if you file a motion to recuse and he doesn't recuse himself, file another bar grievance and another judicial conduct complaint against him [01:54:23.020 --> 01:54:27.020] Stack him up on him, they go by the numbers [01:54:27.020 --> 01:54:28.020] Okay [01:54:28.020 --> 01:54:31.020] The squeakiest wheel is the one they pay attention to [01:54:31.020 --> 01:54:41.020] Okay, so he has to sign off on that motion for recusal, so I need to send in an order unsigned along with it or leave it to him [01:54:41.020 --> 01:54:43.020] Yes, no [01:54:43.020 --> 01:54:53.020] Well, on recusal, if you sent your pro se, it's really not necessary, but it wouldn't hurt if you did, it's a good idea [01:54:53.020 --> 01:54:55.020] Okay, sounds good [01:54:55.020 --> 01:55:00.020] And this could be a good way for him to get off this dime [01:55:00.020 --> 01:55:07.020] Okay, good, thank you very much for this information, thank you [01:55:07.020 --> 01:55:15.020] You're most welcome, okay, the phone lines are open and we don't have any calls tonight, everybody must be getting over the New Year's party [01:55:15.020 --> 01:55:18.020] Yeah, the rights belong to who, Randy? [01:55:18.020 --> 01:55:20.020] The belligerent [01:55:20.020 --> 01:55:22.020] That's right [01:55:22.020 --> 01:55:24.020] The belligerent litigant [01:55:24.020 --> 01:55:26.020] Wait a minute [01:55:26.020 --> 01:55:45.020] The only one that has rights is the one who claims them, I keep thinking of that scene in the Fellowship of the Ring, where the Ringwraiths are after Frodo and the elf tells him if you want him, come and claim him [01:55:45.020 --> 01:55:54.020] If you want your rights, you must claim them and do so virously [01:55:54.020 --> 01:55:56.020] Yep [01:55:56.020 --> 01:56:02.020] Okay, we don't have any more calls so I'd kind of like to talk about what we started with [01:56:02.020 --> 01:56:04.020] Go back in, yeah [01:56:04.020 --> 01:56:18.020] Darlene was a good example, is we get to talking about an issue and we forget that our listener doesn't know the facts in the issue, they're so familiar to us, we don't think to tell them [01:56:18.020 --> 01:56:29.020] and we're used to talking to people that we've talked to before and we can just talk about the facts that are important to us at the moment [01:56:29.020 --> 01:56:45.020] and when we're talking to someone we haven't talked to before, we forget to put in all these details, when you write a document for the court, you must presume that the judge knows nothing [01:56:45.020 --> 01:57:02.020] Even if this is a case where the same judge has been over all the facts a dozen times, when you write any document where you're asking a judge to give you a given ruling [01:57:02.020 --> 01:57:11.020] you have to put into that document every fact necessary for him to be able to make the ruling [01:57:11.020 --> 01:57:26.020] and you have to write your document in a way that an ordinary human being who is in a hurry can quickly read and understand [01:57:26.020 --> 01:57:31.020] It has to be, I think the best term for this is cogent [01:57:31.020 --> 01:57:41.020] You have to be able to read it and understand it and not have to try to figure out what he's talking about [01:57:41.020 --> 01:57:47.020] One of the biggest problems we have is referential index [01:57:47.020 --> 01:58:06.020] and when we come back on the other side, I'm going to talk about some of the tools of writing that are very effective in helping us to construct cogent and easily understandable dialogue [01:58:06.020 --> 01:58:19.020] I write a lot and sometimes I practice writing, I've practiced writing giving no description, all dialogue with, no description of any kind [01:58:19.020 --> 01:58:30.020] Writing without using the word that or the, try that sometimes, try it sometimes, you'll find it can be very difficult but it is very rewarding [01:58:30.020 --> 01:58:37.020] and when we come back we'll talk about how to lead the mind and not trip the mind up [01:58:37.020 --> 01:58:49.020] This is Randy Kelton, Steve Skidmore, we're La Radio, we're going to keep our call lines open so give us a call, 512-646-1984, we'll be right back [01:58:49.020 --> 01:58:58.020] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it [01:58:58.020 --> 01:59:06.020] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture [01:59:06.020 --> 01:59:18.020] Enter the recovery version, first this new translation is extremely faithful and accurate, but the real story is the more than 9000 explanatory footnotes [01:59:18.020 --> 01:59:27.020] Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before [01:59:27.020 --> 01:59:33.020] Bibles for America would like to give you a free recovery version simply for the asking [01:59:33.020 --> 01:59:43.020] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [01:59:43.020 --> 01:59:50.020] Or by ordering online at freestudybible.com, that's freestudybible.com [01:59:50.020 --> 02:00:00.020] You are listening to the Logos Radio Network, logosradionetwork.com