[00:00.000 --> 00:16.000]  Bad boy, what do you want, what do you want, what do you want to do, when your reason don't come to you?
[00:16.000 --> 00:24.000]  Tell me, what do you want to do, what are you gonna do?
[00:24.000 --> 00:30.000]  Bad boy, bad boy, what do you want, what do you want to do, when your reason don't come to you?
[00:54.000 --> 01:04.000]  I forgot. I was thinking it was Wednesday.
[01:04.000 --> 01:14.000]  That's what happens when we get old. So my apologies to everybody. We are here tonight and I realize that it's actually Friday.
[01:14.000 --> 01:24.000]  And I am going to turn on the phones, execute, phones are on, we'll be taking your calls all night,
[01:24.000 --> 01:36.000]  or call in number 512-646-1984, and have something going on in the county, in the town that I live in.
[01:36.000 --> 01:50.000]  We have someone who was, who tells, she says to me that you stopped by a municipal police officer who has no power to stop her,
[01:50.000 --> 02:00.000]  and rolled down her window a little bit and he got all agitated and wanted to open the door and she put her hands on the roof because she was afraid of him.
[02:00.000 --> 02:12.000]  And he told her to unbuckle the seatbelt. Now, this is the policeman's statement. That did not sound right.
[02:12.000 --> 02:20.000]  How could he tell the seatbelt was actually buckled? He didn't say she told him.
[02:20.000 --> 02:30.000]  Perhaps he could see it moving across her chest or something. He didn't say, but he told her to...
[02:30.000 --> 02:36.000]  The statement said he told her to unbuckle her seatbelt and she did not.
[02:36.000 --> 02:44.000]  And she said that she was afraid to put her hands down there, afraid he'd shoot her because she didn't tell me this,
[02:44.000 --> 02:52.000]  but this statement said, oh, here's the time. Let me bring her on. No, no, that's not the right one.
[02:52.000 --> 03:04.000]  Okay, she's not on. She said that she didn't unbuckle the seatbelt because she was agitated. She was afraid to shoot her.
[03:04.000 --> 03:18.000]  He had already determined that the boyfriend who was drunk had a concealed carry license and that he had a weapon in the car.
[03:18.000 --> 03:26.000]  And then the policeman opened the door according to his statement and did the seatbelt.
[03:26.000 --> 03:32.000]  And then she got out and laid down on the ground like he told her to and he cuffed her.
[03:32.000 --> 03:39.000]  And he arrested her for failure to identify. Okay, that's a problem.
[03:39.000 --> 03:41.000]  A whole lot of problems with that.
[03:41.000 --> 03:42.000]  Yes.
[03:42.000 --> 03:46.000]  Wasn't there some manhandling involved? It wasn't just...
[03:46.000 --> 03:54.000]  No, I'm relating what his statement said. I read his statement.
[03:54.000 --> 04:01.000]  Now, the individual said that he drug her out of the car and threw her to the ground.
[04:01.000 --> 04:12.000]  Now, in my experience, when a policeman has to open the door and assist you to get out of the car, you're going on your face.
[04:12.000 --> 04:21.000]  And this guy says he undid the seatbelt and then she got out of the car and laid down herself.
[04:21.000 --> 04:23.000]  Yeah.
[04:23.000 --> 04:34.000]  So I asked to see the body tamp. Now, I read every arrest report that this guy did since August.
[04:34.000 --> 04:41.000]  And this was the only one that involved any kind of physical touching.
[04:41.000 --> 04:46.000]  All of the reports were really clean.
[04:46.000 --> 04:54.000]  I didn't find they were almost all of the arrests were for DUI.
[04:54.000 --> 05:04.000]  And obvious, two or three of them, from another town, he got a report of someone driving toward the town,
[05:04.000 --> 05:07.000]  drunk, weaving all over, and then he intercepted them coming in.
[05:07.000 --> 05:10.000]  So they were all pretty righteous.
[05:10.000 --> 05:18.000]  And I didn't find anything objectionable. The guy's been a cop for two years.
[05:18.000 --> 05:26.000]  All of the rest of it looked pretty good. In six months, he arrested seven people.
[05:26.000 --> 05:31.000]  So it's not like the guy's going out there arresting everybody he sees.
[05:31.000 --> 05:36.000]  And this is the only arrest for failure to identify.
[05:36.000 --> 05:41.000]  I think he was, he's watched too much TV.
[05:41.000 --> 05:44.000]  Right. Tell us.
[05:44.000 --> 05:52.000]  Well, tell us, is this failure to identify? Is there any way that can be an arrestable offense?
[05:52.000 --> 06:02.000]  You cannot be arrested for failure to identify. There's just no way you can be arrested for failure to identify.
[06:02.000 --> 06:12.000]  The only time you can be charged with failure to identify is after you have already been arrested for something else.
[06:12.000 --> 06:14.000]  Lawfully arrested.
[06:14.000 --> 06:19.000]  Lawfully arrested. It triggers the duty to identify.
[06:19.000 --> 06:24.000]  So it requires an arrest to trigger the duty to identify.
[06:24.000 --> 06:28.000]  So the officer's got two problems.
[06:28.000 --> 06:36.000]  He didn't have authority to make the stop in the first place, but that's an esoteric argument that we'll have a hard time pushing through the court.
[06:36.000 --> 06:41.000]  And I will get to that argument, but this is not a place I want to have it.
[06:41.000 --> 06:51.000]  And I'm telling this story because I want to demonstrate good judgment.
[06:51.000 --> 07:07.000]  And you see, she was arrested initially for failure to identify, but once she stopped her, and this is unclear why he didn't know this already.
[07:07.000 --> 07:16.000]  He couldn't run her plates and tell if her registration was correct.
[07:16.000 --> 07:28.000]  In other cases, he stopped people because he ran their plates and found that they were driving with a license invalid or no insurance.
[07:28.000 --> 07:38.000]  Some other things that did not come up kosher, so he stopped them for that and then because of other things, he wound up arresting them.
[07:38.000 --> 07:45.000]  So he could check this year if her license was correct, which hers was not.
[07:45.000 --> 07:52.000]  She had been charged before with driving on an invalid driver's license.
[07:52.000 --> 08:03.000]  So okay, we got the cops stopping her when he didn't have authority and we may have him falsifying a police report.
[08:03.000 --> 08:09.000]  I haven't seen the body cam yet.
[08:09.000 --> 08:21.000]  And after looking at all this, they got her husband, the one cop claimed he picked up a pistol and pointed it at the officer.
[08:21.000 --> 08:26.000]  The husband says he has no memory. He was too drunk.
[08:26.000 --> 08:33.000]  So I'll look at the body cam of this officer. He's from a different jurisdiction next town over.
[08:33.000 --> 08:38.000]  I'll look at the body cam from him and this guy better have pointed the pistol at him.
[08:38.000 --> 08:43.000]  So they arrested him for aggravated assault on the public official.
[08:43.000 --> 08:54.000]  And what they undoubtedly intend is to deal that down to something else that'll be easy to get a conviction on.
[08:54.000 --> 08:56.000]  They won't have to bother going to court.
[08:56.000 --> 09:00.000]  Okay, I got that. This is what police do.
[09:00.000 --> 09:12.000]  But the problem the officer has is they don't have to show the body cam to the accused because she used to say they would have to show it to a lawyer but not her.
[09:12.000 --> 09:17.000]  I'm neither. They had to show it to me.
[09:17.000 --> 09:25.000]  And the police had no objection to it and they were prepared to show it to me, but I stopped.
[09:25.000 --> 09:38.000]  If I look at this and I find that this officer has falsified his police report.
[09:38.000 --> 09:46.000]  And I'm going to end this officer's career or come pretty close to it.
[09:46.000 --> 09:56.000]  If I find that he did not falsify his police report, what then?
[09:56.000 --> 09:58.000]  What then?
[09:58.000 --> 10:06.000]  Yeah, what if it turns out that he did not throw her to the ground?
[10:06.000 --> 10:08.000]  What then?
[10:08.000 --> 10:12.000]  Well, that means his police report is correct.
[10:12.000 --> 10:15.000]  Yeah, what do we do?
[10:15.000 --> 10:30.000]  You know, now she's, but we still have the improper arrest for failure to identify, even if she was.
[10:30.000 --> 10:33.000]  Oh, there was a warrant for her arrest.
[10:33.000 --> 10:46.000]  But he didn't know about the warrant for her arrest until he improperly, unlawfully arrested her and told her to give evidence against herself,
[10:46.000 --> 10:51.000]  which is unconstitutional. Nobody can be compelled to give evidence against themselves.
[10:51.000 --> 10:58.000]  For everybody else listening, I've run into this on occasion. What do I tell this person?
[10:58.000 --> 11:10.000]  I tell this person to kick that police officer's behind every way from Sunday when she has other allegations that are valid.
[11:10.000 --> 11:23.000]  The warrant, the, you know, the charge for driving while a valid and licensed invalid multiple counts.
[11:23.000 --> 11:27.000]  She's subject to go to jail over those.
[11:27.000 --> 11:31.000]  I tell her to go in there and poke the bear.
[11:31.000 --> 11:39.000]  And they say, okay, we drop this one and then they drop the hammer on her with the other ones.
[11:39.000 --> 11:43.000]  And always my first consideration is liberty.
[11:43.000 --> 11:53.000]  Yeah, we can beat up this cop. We can hammer him big time, but they got a hammer of their own.
[11:53.000 --> 11:57.000]  So what do we tell her to do, Brad?
[11:57.000 --> 12:03.000]  It depends on whether or not we're going to deal with this issue of transportation.
[12:03.000 --> 12:06.000]  You said that was an esoteric argument. We might not go there.
[12:06.000 --> 12:07.000]  Yeah.
[12:07.000 --> 12:09.000]  What did you have in mind about that?
[12:09.000 --> 12:13.000]  He is a municipal police officer.
[12:13.000 --> 12:27.000]  And nothing in the transportation code or any code authorizes this officer to enforce the motor vehicle loss.
[12:27.000 --> 12:36.000]  Correct. Not even 644 because his, that's what I was going to send him to.
[12:36.000 --> 12:42.000]  That would even then, even then that would only allow him to do DOT inspections.
[12:42.000 --> 12:43.000]  Right.
[12:43.000 --> 12:45.000]  It would not allow that.
[12:45.000 --> 12:52.000]  So nothing. So we got that and that would be for should be felony aggravating assault.
[12:52.000 --> 12:58.000]  But getting that prosecuted in the real world would be really tough.
[12:58.000 --> 13:03.000]  I'm more concerned with their liberty.
[13:03.000 --> 13:07.000]  Liberty first. I deal second.
[13:07.000 --> 13:23.000]  I have my agendas, but I will not ask someone who comes to me for assistance to try to serve my agenda at the risk of their damage.
[13:23.000 --> 13:26.000]  I simply will not do that.
[13:26.000 --> 13:37.000]  There's one thing that might be interesting about this is the indictment for this aggravated assault.
[13:37.000 --> 13:48.000]  It says that he was lawfully for discharging official duty to wit traffic stop.
[13:48.000 --> 13:50.000]  To wit?
[13:50.000 --> 13:53.000]  That means they had to prove that was his lawful duty.
[13:53.000 --> 13:57.000]  To wit we're approaching the cliff.
[13:57.000 --> 14:26.000]  We'll be right back.
[14:27.000 --> 14:55.000]  We'll be right back.
[14:55.000 --> 15:00.000]  Go to logosradionetwork.com for details and donate today.
[15:25.000 --> 15:35.000]  Former Sheriff's Deputy Eddie Craig in conjunction with Rule of Law Radio has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
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[16:01.000 --> 16:30.000]  You are listening to the logosradionetwork.com.
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[16:37.000 --> 17:04.000]  You can get your own copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of your original 2009 seminar.
[17:04.000 --> 17:19.000]  You can get your own copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of your original 2009 seminar.
[17:19.000 --> 17:37.000]  You can get your own copy of Eddie's book, The Texas Transportation Code, The Law Versus the Lie, video and audio of your original 2009 seminar.
[17:37.000 --> 18:06.000]  You can get your own copy of Eddie's book, The Law Versus the Lie, video and audio of your original 2009 seminar.
[18:06.000 --> 18:16.000]  Is it necessary that a police officer be exercising a lawful duty?
[18:16.000 --> 18:33.000]  Can you threaten a police officer's life if he has violated a technical requirement?
[18:33.000 --> 18:36.000]  It doesn't say anything about that.
[18:36.000 --> 18:46.000]  Here we are not talking about the philosophy of the law, but how the law is implemented.
[18:46.000 --> 19:04.000]  This is because an officer makes a mistake, can you shoot him?
[19:04.000 --> 19:09.000]  What he was doing was not lawful because the original stop was not lawful.
[19:09.000 --> 19:18.000]  He had no power to stop based on a traffic issue. He stopped her because the tail light was out.
[19:18.000 --> 19:31.000]  And just for the record, everybody, if you got wants, if you're driving on a license that's been revoked, if you're dirty in any way, be careful.
[19:31.000 --> 19:33.000]  Make sure everything works.
[19:33.000 --> 19:39.000]  No free rides for these guys.
[19:39.000 --> 19:43.000]  And this was something that was a free ride.
[19:43.000 --> 19:46.000]  But we can make all these arguments.
[19:46.000 --> 20:02.000]  And my concern was, do we make all these arguments and start this big fight and hope we can use the fight worth starting to get the other side to come to the table and make a deal to get us to drop out.
[20:02.000 --> 20:05.000]  Get us to drop our charges if they drop theirs.
[20:05.000 --> 20:17.000]  Well, problem with that is, is once you start the fight, the police cannot be seen to back down.
[20:17.000 --> 20:20.000]  And they won't.
[20:20.000 --> 20:27.000]  Once you start a fight with them or knock them back down, you're going to have to get the court to really your favor.
[20:27.000 --> 20:31.000]  And in a perfect world, not a problem.
[20:31.000 --> 20:37.000]  But if this were a perfect world, there's a good chance I would not be in it.
[20:37.000 --> 20:40.000]  Actually, I'm certain I wouldn't be in it.
[20:40.000 --> 20:44.000]  And I'm not so sure about you, Brett.
[20:44.000 --> 20:47.000]  So we don't live in a, we don't live in a perfect world.
[20:47.000 --> 20:54.000]  And the reality is, if we start a fight, if we pushed them, they will push back.
[20:54.000 --> 21:04.000]  So how can I get the prosecutor to want to make this go away?
[21:04.000 --> 21:08.000]  What is important to the prosecutor?
[21:08.000 --> 21:12.000]  One thing that's important to the prosecutor is protecting these officers.
[21:12.000 --> 21:15.000]  This guy's a two-year officer.
[21:15.000 --> 21:20.000]  The sheriff was just complaining that he can't hire enough officers.
[21:20.000 --> 21:23.000]  And then when they hire them, they can't keep them.
[21:23.000 --> 21:30.000]  And here we've got an officer two years out of the academy.
[21:30.000 --> 21:37.000]  And I've never heard anything bad about this guy before.
[21:37.000 --> 21:42.000]  And even if we had, do we want to get rid of this officer?
[21:42.000 --> 21:46.000]  Or do we want to make him a better officer?
[21:46.000 --> 21:52.000]  I had a bailiff drag me down the stairs, knocked me down, break bail ball.
[21:52.000 --> 21:55.000]  I didn't go after him for that.
[21:55.000 --> 21:57.000]  He didn't mean to knock me down.
[21:57.000 --> 22:02.000]  He pushed me just slightly as I stepped out the door.
[22:02.000 --> 22:06.000]  Granted, he should not have put his hand on me.
[22:06.000 --> 22:09.000]  But he just gave me a light nudge.
[22:09.000 --> 22:12.000]  He had no intention of knocking me down.
[22:12.000 --> 22:18.000]  He did not intend to hurt me, but just as he touched me, my foot hit a carpet.
[22:18.000 --> 22:24.000]  And that extra momentum pushed my foot forward and caused that carpet to start sliding.
[22:24.000 --> 22:27.000]  And once it started, it shot out from under me.
[22:27.000 --> 22:32.000]  And I fell down backwards and landed on my old ball in a granite step.
[22:32.000 --> 22:34.000]  He didn't mean to hurt me.
[22:34.000 --> 22:39.000]  Am I going to ruin a 20-25-year career?
[22:39.000 --> 22:44.000]  Over an oops.
[22:44.000 --> 22:47.000]  It's hard enough to get good policemen.
[22:47.000 --> 22:49.000]  Hard enough to get them trained.
[22:49.000 --> 22:52.000]  We're going to ruin one's career over an oops.
[22:52.000 --> 22:55.000]  I couldn't find it in myself to do that.
[22:55.000 --> 23:05.000]  And if this guy is potentially a good police officer, this may be a good opportunity for an object lesson.
[23:05.000 --> 23:09.000]  I can assure you he's already got one.
[23:09.000 --> 23:14.000]  Because he knows I'm out there digging into the records.
[23:14.000 --> 23:23.000]  And the police department has went to great lengths to be accommodating to me.
[23:23.000 --> 23:28.000]  And I'm not necessarily saying that's because it's me.
[23:28.000 --> 23:33.000]  They may do that to everybody, but I have no complaint about the police department.
[23:33.000 --> 23:38.000]  They've been open, no objections, no difficulty of any kind.
[23:38.000 --> 23:42.000]  I asked to see their complete policy manual.
[23:42.000 --> 23:47.000]  I go in there, they bring me out a table, put the policy manual on the table.
[23:47.000 --> 23:49.000]  Let me go through, let me look at whatever I wanted to do.
[23:49.000 --> 23:52.000]  No objections, no difficulty.
[23:52.000 --> 23:55.000]  They didn't send in a request to the Secretary of State or the Attorney General.
[23:55.000 --> 23:59.000]  They were as open as they could be.
[23:59.000 --> 24:03.000]  Do we want to ruin this guy's career?
[24:03.000 --> 24:13.000]  And if we do that, is the individual likely to have a prosecutor who wants to pay your back?
[24:13.000 --> 24:16.000]  You didn't put him in jail.
[24:16.000 --> 24:22.000]  So what I'm looking at is I want to say to this, not the Chief, I don't want to put him on the dumb.
[24:22.000 --> 24:32.000]  I want to say to the Lieutenant, is he arrest on a failure to identify, is clearly improper.
[24:32.000 --> 24:39.000]  It's illegal, everything that comes after that collapses because this is absolutely improper.
[24:39.000 --> 24:43.000]  But that's not going to cost him his job.
[24:43.000 --> 24:45.000]  Look at that video.
[24:45.000 --> 24:54.000]  If it does not exactly match his statement, and I see it, I'm going to go for him.
[24:54.000 --> 24:56.000]  Because I owe it to my listeners.
[24:56.000 --> 24:58.000]  This is what we do.
[24:58.000 --> 25:05.000]  But if I go for him, odds are, this woman's going to go to jail.
[25:05.000 --> 25:09.000]  Because she has an underlying offense.
[25:09.000 --> 25:14.000]  That even if they have to release her, then they'll just come get her on the warrant.
[25:14.000 --> 25:17.000]  And she goes to jail.
[25:17.000 --> 25:27.000]  Or in this case, do I try to keep the individual out of jail by going to this Lieutenant and asking him to talk to the prosecutor?
[25:27.000 --> 25:42.000]  And if he drops the failure to identify, we don't pursue the officer personally.
[25:42.000 --> 25:47.000]  And then let's make a reasonable deal of the rest and we all go home.
[25:47.000 --> 25:56.000]  And next time, maybe the officer won't screw up and then you could get a cleaner shot at her.
[25:56.000 --> 26:02.000]  But how about we all just kind of brush off and go home and fight another day?
[26:02.000 --> 26:04.000]  That's what I want to get.
[26:04.000 --> 26:10.000]  Keep her out of jail and give her opportunity to fix all this.
[26:10.000 --> 26:18.000]  So the next time she gets stopped, she doesn't wind up going to jail with a really pissed off prosecutor.
[26:18.000 --> 26:20.000]  Does that make sense?
[26:20.000 --> 26:27.000]  What about this warrant? We're about to go to our sponsors here, but just quickly.
[26:27.000 --> 26:35.000]  Can she go to show up in front of a magistrate and say, hey, you said you wanted to see me and have it lifted?
[26:35.000 --> 26:38.000]  She could, and that's what she should do.
[26:38.000 --> 26:48.000]  If she can get this all dropped and she assures the prosecutor, I'll get this taken care of and we'll make all this go away.
[26:48.000 --> 26:52.000]  Hang on, Randy Kelton, Brett Fountain, we live on our radio.
[26:52.000 --> 27:19.000]  We'll be right back.
[27:22.000 --> 27:25.000]  Come on, you'll find your freedoms will start to vanish too.
[27:25.000 --> 27:27.000]  So protect your rights.
[27:27.000 --> 27:31.000]  Say no to surveillance and keep your information to yourself.
[27:31.000 --> 27:33.000]  Privacy, it's worth hanging on to.
[27:33.000 --> 27:41.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[27:41.000 --> 27:44.000]  Start over with StartPage.
[27:44.000 --> 27:53.000]  Ever hear the term fine farming? It's when cops find innocent people to bring in revenue and it's apparently big business in the Sunshine State of Florida.
[27:53.000 --> 27:59.000]  This case involves breathalyzers used to convict thousands of Florida motorists for DUI violations.
[27:59.000 --> 28:04.000]  Recently, reporters discovered that the devices were improperly calibrated.
[28:04.000 --> 28:08.000]  State officials knew about it for two and a half years, but did nothing.
[28:08.000 --> 28:13.000]  In fact, the head of Florida's breath testing program ordered inspectors not to document the problem.
[28:13.000 --> 28:21.000]  A DUI conviction can ruin somebody's life, but now that the cover-up has been exposed, perhaps Florida drivers can breathe a bit easier.
[28:21.000 --> 28:30.000]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[28:30.000 --> 28:31.000]  I lost my son.
[28:31.000 --> 28:32.000]  My uncle.
[28:32.000 --> 28:33.000]  My uncle.
[28:33.000 --> 28:34.000]  On September 11, 2000.
[28:34.000 --> 28:38.000]  Most people don't know that a third tower fell on September 11.
[28:38.000 --> 28:42.000]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[28:42.000 --> 28:49.000]  Although the official explanation is that fire brought down building 7, over 1,200 architects and engineers
[28:49.000 --> 28:52.000]  have looked into the evidence and believe there is more to the story.
[28:52.000 --> 28:53.000]  Bring justice to my son.
[28:53.000 --> 28:54.000]  My uncle.
[28:54.000 --> 28:55.000]  My nephew.
[28:55.000 --> 28:56.000]  My son.
[28:56.000 --> 28:57.000]  Go to building what.org.
[28:57.000 --> 29:00.000]  Why it fell, why it matters, and what you can do.
[29:00.000 --> 29:05.000]  Logos Radio Network welcomes a new show to our lineup for the new year.
[29:05.000 --> 29:11.000]  Scripture Talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. Central Time.
[29:11.000 --> 29:14.000]  Our goal is in accord with Matthew 516.
[29:14.000 --> 29:18.000]  Let your light so shine before men that they may see your good works
[29:18.000 --> 29:21.000]  and glorify your Father which is in heaven.
[29:21.000 --> 29:26.000]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[29:26.000 --> 29:31.000]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies
[29:31.000 --> 29:34.000]  designed to provoke unto love and good works.
[29:34.000 --> 29:38.000]  Our verse by verse Bible studies will begin in the book of Matthew
[29:38.000 --> 29:41.000]  where we will discuss one chapter per week.
[29:41.000 --> 29:45.000]  Our topical Bible studies will vary each week and will explore sound doctrine
[29:45.000 --> 29:48.000]  as well as Christian character development.
[29:48.000 --> 29:53.000]  So mark your calendar and join us live on LogosRadioNetwork.com
[29:53.000 --> 29:56.000]  Wednesdays from 8 to 10 p.m. starting January 8
[29:56.000 --> 30:00.000]  for an inspiring and motivating discussion of the Scriptures.
[30:00.000 --> 30:11.000]  You're listening to the LogosRadioNetwork at LogosRadioNetwork.com
[30:11.000 --> 30:30.000]  Yeah, I got the warrant and I gonna solve them to the government them, prosecute them. Okay.
[30:30.000 --> 30:46.000]  Well, I need a prosecutor to come and help me. Prosecute them with the leader, you see.
[30:46.000 --> 30:49.000]  The mama will allow them to tell me.
[30:49.000 --> 30:51.000]  They'll allow you to tell me stories.
[30:51.000 --> 30:53.000]  They'll believe me, say what they tell me.
[30:53.000 --> 30:56.000]  3% of America vote for motion.
[30:56.000 --> 30:58.000]  So how do you help me get the presidency?
[30:58.000 --> 31:04.000]  Okay, we are back.
[31:04.000 --> 31:09.000]  Randy Kelton, Wet Fountain, root of our radio on this Friday,
[31:09.000 --> 31:13.000]  the 24th day of January 2020.
[31:13.000 --> 31:25.000]  And we're talking about being reasonable in the face of a difficult problem.
[31:25.000 --> 31:33.000]  How do we, when people call us and ask us for our opinion,
[31:33.000 --> 31:40.000]  and what we think they should do, it's sometimes a really heavy burden.
[31:40.000 --> 31:47.000]  As far as I know, no one has ever went to prison doing what I suggested.
[31:47.000 --> 31:54.000]  I know of a number of people who went to prison when they didn't do what I suggested.
[31:54.000 --> 31:58.000]  But no one's went to prison doing what I suggested.
[31:58.000 --> 32:04.000]  And that's because I'm always really, really careful about what I tell people.
[32:04.000 --> 32:10.000]  And this one turned out to be difficult.
[32:10.000 --> 32:15.000]  You know, I can jump up on my ethical high horse and say,
[32:15.000 --> 32:17.000]  all these things the officer did right.
[32:17.000 --> 32:20.000]  You could charge him his first refill and the aggravated assault
[32:20.000 --> 32:22.000]  for turning his lights on in the first place.
[32:22.000 --> 32:25.000]  Because he didn't have authority to enforce the transportation code.
[32:25.000 --> 32:31.000]  We could charge him with false arrest and battery for that one.
[32:31.000 --> 32:35.000]  We could charge him with, oh, what else?
[32:35.000 --> 32:37.000]  We didn't know a bunch of them.
[32:37.000 --> 32:43.000]  Impersonating an officer because he wasn't authorized to do it.
[32:43.000 --> 32:49.000]  Impersonating a police officer tampering with a government document for writing the citations.
[32:49.000 --> 32:54.000]  We could stack all these up and throw them at him.
[32:54.000 --> 33:00.000]  But what's going to happen to the individual whom we do that?
[33:00.000 --> 33:03.000]  The prosecutor on the other side is going to say,
[33:03.000 --> 33:05.000]  well, you want to beat up my officer?
[33:05.000 --> 33:08.000]  We'll see how that works out for you.
[33:08.000 --> 33:14.000]  We'll teach you not to beat up our officers because we'll turn that back on you.
[33:14.000 --> 33:20.000]  What do we, when you're dirty, when your liberties,
[33:20.000 --> 33:24.000]  even if you're not dirty, but your liberties at risk,
[33:24.000 --> 33:26.000]  don't pick the fight.
[33:26.000 --> 33:28.000]  And I've said this on the air before.
[33:28.000 --> 33:31.000]  Don't pick the fight when your liberties at risk.
[33:31.000 --> 33:37.000]  If you want to have a fight, have the fight you pick to start with.
[33:37.000 --> 33:41.000]  Don't take them on when your liberties at stake.
[33:41.000 --> 33:45.000]  But we need to talk about this off the air.
[33:45.000 --> 33:49.000]  So the next time I talk to this person,
[33:49.000 --> 33:59.000]  I give them my best advice or opinion that will tend not to get them put in jail.
[33:59.000 --> 34:07.000]  Okay, that's my conundrum that I'm dealing with at the moment.
[34:07.000 --> 34:13.000]  We have a full board of callers, so unless you have something, Brett,
[34:13.000 --> 34:16.000]  I'm going to go to your callers.
[34:16.000 --> 34:22.000]  Well, you did mention something on the break that I thought was about this
[34:22.000 --> 34:27.000]  that might be worth mentioning, and that is why you didn't.
[34:27.000 --> 34:34.000]  You started to say this earlier, but why you didn't view that body cam?
[34:34.000 --> 34:38.000]  Is that worth mentioning right now?
[34:38.000 --> 34:42.000]  You mean why I didn't want to look at the...
[34:42.000 --> 34:46.000]  Right. You said it on the air a few minutes ago.
[34:46.000 --> 34:50.000]  You said you stopped short, but you didn't explain why until you were on the break
[34:50.000 --> 34:52.000]  and you were telling me why.
[34:52.000 --> 34:54.000]  Would you like to tell everybody?
[34:54.000 --> 35:05.000]  I can't stand on my ethical high horse and demand that a police officer follow the rule of law.
[35:05.000 --> 35:11.000]  Whether he wants to or not, unless I do the same thing.
[35:11.000 --> 35:19.000]  You know, I maintain that the officer has no power to look the other way.
[35:19.000 --> 35:24.000]  This is a job. When I go down and file a criminal charge against the public official,
[35:24.000 --> 35:29.000]  I raise this issue with the city when I looked at their manual.
[35:29.000 --> 35:34.000]  The manual said that when a criminal complaint is filed against a police officer,
[35:34.000 --> 35:43.000]  it's to be given to the chief of police and he will determine whether or not a crime suit committed.
[35:43.000 --> 35:52.000]  And I talked to the lieutenant and I said, no, no, no, no, you should not do that.
[35:52.000 --> 36:03.000]  Because that's going to look like your chief of police is shielding his subordinates from prosecution.
[36:03.000 --> 36:07.000]  You need to give that to a grand jury.
[36:07.000 --> 36:19.000]  And 99 times out of 100, probably worse than that, you are not going to get a police officer indicted.
[36:19.000 --> 36:26.000]  If the chief went to the district attorney and said, I've got this complaint against a public official
[36:26.000 --> 36:32.000]  and you are commanded to give it to the grand jury, that doesn't mean you have to agree with it.
[36:32.000 --> 36:35.000]  You have to give it to the grand jury.
[36:35.000 --> 36:46.000]  I give really thorough, complete complaints to grand juries and I cannot get them to indict.
[36:46.000 --> 36:53.000]  Now, a guy in Tennessee that calls in, he did, but I've never gotten them to indict.
[36:53.000 --> 36:59.000]  No matter how damning my accusations were, no matter how complete they were,
[36:59.000 --> 37:05.000]  grand juries are extremely reluctant to indict a public official.
[37:05.000 --> 37:09.000]  As far as I'm concerned, that's okay.
[37:09.000 --> 37:14.000]  It should not be easy to ruin a policeman's career.
[37:14.000 --> 37:22.000]  However, a policeman needs to face the prospect.
[37:22.000 --> 37:30.000]  If the policeman, when he goes out to do his job and he pulls over someone like me
[37:30.000 --> 37:40.000]  and I am my usual obnoxious and demanding self and he decides that he wants to give me a attitude adjustment.
[37:40.000 --> 37:54.000]  If he has to consider the calculation of what will a grand jury of his peers think about what I'm about to do,
[37:54.000 --> 37:57.000]  that's majority of our problems will simply go away.
[37:57.000 --> 38:07.000]  If this police officer had to look at the prospect of explaining how he managed to arrest someone
[38:07.000 --> 38:18.000]  for failure to identify when the law is absolutely clear and had to do that facing criminal accusations against himself
[38:18.000 --> 38:23.000]  and a document for which would end his career that day.
[38:23.000 --> 38:36.000]  I suspect that would temper his passion to enforce law and his impulse to follow policy.
[38:36.000 --> 38:41.000]  The chief said arrest him for failure to identify.
[38:41.000 --> 38:45.000]  And the officer has to look at being put in front of a grand jury for doing that.
[38:45.000 --> 38:49.000]  He's going to tell the chief, I stopped someone they don't identify.
[38:49.000 --> 38:53.000]  I'll call you out. You can arrest them.
[38:53.000 --> 38:57.000]  You go before the grand jury, not me.
[38:57.000 --> 39:01.000]  A lot of these problems we have will just go away.
[39:01.000 --> 39:03.000]  And that's what I suggested to the lieutenant.
[39:03.000 --> 39:09.000]  Tell him to get that out of there. If I ever come in file a complaint here and the policeman, the chief touches it.
[39:09.000 --> 39:17.000]  The chief goes to the grand jury for 38.05 penal code, shielding from prosecution.
[39:17.000 --> 39:21.000]  Given to the grand jury, they will no bill.
[39:21.000 --> 39:29.000]  If the grand jury doesn't no bill, they true bill, then prosecuting attorney will petition judge to dismiss the case
[39:29.000 --> 39:38.000]  because the prosecutor doesn't feel it's warrants prosecution and the judge will dismiss the case and it's gone.
[39:38.000 --> 39:42.000]  That's what's going to happen. That's what happens in the real world.
[39:42.000 --> 39:51.000]  But the public and the police will likely then stop being enemies.
[39:51.000 --> 40:00.000]  Our policemen will stop thinking of us as civilians in an occupied country.
[40:00.000 --> 40:06.000]  Anyway, that's my story, my concern about that.
[40:06.000 --> 40:09.000]  I think I've got to beat this to death.
[40:09.000 --> 40:13.000]  We're about to go to our sponsors.
[40:13.000 --> 40:17.000]  Tamara, I'll pick you up as soon as we come back.
[40:17.000 --> 40:30.000]  If you listen to this show and you find value, if you find something you can use to help you, check out our sponsors.
[40:30.000 --> 40:34.000]  We've got Eddie with his traffic seminar.
[40:34.000 --> 40:36.000]  We've got the jurisdiction area.
[40:36.000 --> 40:47.000]  We've got Mike Miras for credit issues and we've got my legal 101.
[40:47.000 --> 40:56.000]  These products will help you find the remedy that we talk about on this show.
[40:56.000 --> 41:00.000]  Check them out. Help us out. We'll be right back.
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[41:57.000 --> 42:00.000]  To learn how to stop debt collectors next.
[42:00.000 --> 42:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[43:23.000 --> 43:30.000]  Yes, always I must be careful what I'm wishing for.
[43:30.000 --> 43:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[43:35.000 --> 43:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[43:41.000 --> 43:47.000]  I'm just here making my living, pushing buttons.
[43:47.000 --> 43:52.000]  I give my message out to anyone in the shot and distance.
[43:52.000 --> 43:58.000]  I hope for bravery and against slavery to show and resist them.
[43:58.000 --> 44:03.000]  First I'm crawling, then I'm walking, then I start strutting.
[44:03.000 --> 44:19.000]  I'm just so glad to make my living, pushing buttons.
[44:19.000 --> 44:34.000]  Okay, we are back. Randy Kelton, rule of law radio and Tamara, hang on just a second. Brent caught something that I haven't even looked at the charges against the husband.
[44:34.000 --> 44:37.000]  Will you address the charge against the husband?
[44:37.000 --> 44:47.000]  Well, if you think it's not going to hurt his chances of, they might amend it before he has a chance to answer.
[44:47.000 --> 44:53.000]  I don't, that would be, I'm not sure they can.
[44:53.000 --> 44:56.000]  They can if he doesn't object.
[44:56.000 --> 45:00.000]  Yeah, well he would definitely have to object.
[45:00.000 --> 45:06.000]  Yeah, because you'd have to formulate a defense. He can't very well show right now, but he's formulated a defense.
[45:06.000 --> 45:09.000]  If he files an answer first, then they're locked in.
[45:09.000 --> 45:13.000]  Explain the mistake they made.
[45:13.000 --> 45:23.000]  Okay, they are trying to charge this, this story you were talking about where the lady was, was driving because her husband was intoxicated.
[45:23.000 --> 45:39.000]  And, and then the husband, they tried to charge him with a aggravated assault against a police officer when he was reaching over to defend his wife that was getting thrown on the ground.
[45:39.000 --> 45:45.000]  And in the process they called aggravated assault against, huh?
[45:45.000 --> 45:52.000]  What the complaint said was that he picked up a pistol and pointed it in the face of an officer.
[45:52.000 --> 45:54.000]  Was there a complaint?
[45:54.000 --> 45:56.000]  That's in the complaint, yes.
[45:56.000 --> 45:58.000]  Oh, I haven't seen the complaint yet.
[45:58.000 --> 46:06.000]  And I talked to the wife and she said that he said he don't remember if he did that or not. He was pretty drunk.
[46:06.000 --> 46:09.000]  Oh, yeah.
[46:09.000 --> 46:19.000]  So on the indictment, the indictment says aggravated assault against public official, but they cited the law.
[46:19.000 --> 46:27.000]  And the law that they cited was penal code 2202 B2B.
[46:27.000 --> 46:45.000]  And that one is about choking or strangling your girlfriend or your wife's dating relationship. They're going to have to prove in court that this guy was dating the cop or had a continuing romantic intimate nature with the cop because that's the one whom he choked or strangled.
[46:45.000 --> 46:49.000]  Wait a minute, wait a minute, 2202 B2B?
[46:49.000 --> 46:50.000]  Yes.
[46:50.000 --> 46:53.000]  No, that's not what B2B is.
[46:53.000 --> 47:00.000]  B2A is aggravated assault by a public official acting under the code of his authority.
[47:00.000 --> 47:17.000]  It's simple assault by a public official acting under his authority. B2B is assault against a public official while he's acting under his official authority.
[47:17.000 --> 47:29.000]  The reason I know that is I looked up both of them, aggravated assault against a peace officer and aggravated assault by a peace officer.
[47:29.000 --> 47:42.000]  The aggravated assault by a peace officer, I looked on Lexis, I looked on Westlaw, two or three others, I found zero hits.
[47:42.000 --> 47:51.000]  The assault against a peace officer, I found 20,000 hits and that was all it would give me.
[47:51.000 --> 48:07.000]  Now, I did a search once for a really obnoxious guy who's since passed away in Austin and got every single thing he ever did.
[48:07.000 --> 48:15.000]  Every minor little complaint he filed, every lawsuit, no matter how big or how small, I got everything.
[48:15.000 --> 48:23.000]  So, I've looked for an allegation under 2202 B2A.
[48:23.000 --> 48:38.000]  Zero, never ever has it been used. But 2202 B2B, was there another subsection under B?
[48:38.000 --> 48:49.000]  No, I just realized when you said that, I went back and looked again. I was looking at 2201 because aggravated assault says that you have to have committed assault and have the deadly weapon.
[48:49.000 --> 48:56.000]  So, I was looking at the assault, the 2201 and I was looking at B2B inside of that one.
[48:56.000 --> 49:00.000]  So, that's not really helpful to me after all.
[49:00.000 --> 49:09.000]  Okay. Okay, then let's go to Tamara, she's been waiting and she's from Colorado and she's called me earlier.
[49:09.000 --> 49:20.000]  Tamara, we did those documents and send them to me but I just checked my email and they're not there.
[49:20.000 --> 49:35.000]  Tamara and I talked to her earlier today and if you're going to send me documents, generally when people scan documents, most of the time they scan them one at a time.
[49:35.000 --> 49:40.000]  And so, I get a whole stack of JPEG images.
[49:40.000 --> 49:48.000]  I have to take each of those images and figure out what document they go to, what order they go in.
[49:48.000 --> 49:54.000]  Sometimes I have to turn them right side up, upside down, twist them sideways.
[49:54.000 --> 50:04.000]  Sometimes I have to pull them up in Photoshop and skew them because I get pictures from a cell phone sometimes and it twists up the document.
[50:04.000 --> 50:10.000]  A lot of time on my part, just getting the documents to where I can read them.
[50:10.000 --> 50:19.000]  And once I have them all together and the way I do that is I go to Microsoft Word.
[50:19.000 --> 50:28.000]  I go to the layout and set the margins at half an inch all around, top, bottom, right, left.
[50:28.000 --> 50:30.000]  No gutter.
[50:30.000 --> 50:40.000]  Then I hit insert picture and go get the JPEGs for one document.
[50:40.000 --> 50:47.000]  If the JPEGs for one document are not named in order, then I name each one of them in order.
[50:47.000 --> 50:54.000]  And the way I name them is with the first or last name of the individual I refer to.
[50:54.000 --> 50:58.000]  And then I use the international date format.
[50:58.000 --> 51:12.000]  The international date format is the year in four digits, dash the month in two digits, dash the day in two digits, space, whatever the document is.
[51:12.000 --> 51:17.000]  Now I have the name of that document tells me who the person is.
[51:17.000 --> 51:20.000]  It tells me the date of the document and what it is.
[51:20.000 --> 51:31.000]  So when I open a folder with those documents in it, that international date format will order those documents in chronological order.
[51:31.000 --> 51:39.000]  Anybody who is in a case and they have a lot of documents, you want them in chronological order.
[51:39.000 --> 51:45.000]  Because now you can go down the documents and follow the case in order.
[51:45.000 --> 51:52.000]  When you talk to people about what happened, a lot of times you go from one high point to the next to the next.
[51:52.000 --> 51:56.000]  And sometimes you talk about them out of sequence.
[51:56.000 --> 52:03.000]  And I've found myself thinking things happened in one sequence.
[52:03.000 --> 52:06.000]  And then when I look closer, I've got them shifted around.
[52:06.000 --> 52:14.000]  This keeps you in order and it allows you to keep your story about the circumstance consistent.
[52:14.000 --> 52:20.000]  It allows me when I'm looking at something new to follow the documents.
[52:20.000 --> 52:25.000]  A lot of times I'll look at it and say, wait a minute, this can't be.
[52:25.000 --> 52:28.000]  There has to be documents in between these two.
[52:28.000 --> 52:31.000]  In order to do that, I have to have them in order.
[52:31.000 --> 52:36.000]  So she did that and sent them to me and I haven't got them.
[52:36.000 --> 52:38.000]  Tamara, are you there?
[52:38.000 --> 52:46.000]  Yes, and the subject is called document formatted.
[52:46.000 --> 52:48.000]  Good.
[52:48.000 --> 52:53.000]  But my email says it hasn't shown up yet.
[52:53.000 --> 52:59.000]  But then sometimes a bigger document sometimes takes quite a while to get to me.
[52:59.000 --> 53:07.000]  So give us a synopsis of your circumstance.
[53:07.000 --> 53:10.000]  Okay.
[53:10.000 --> 53:12.000]  I...
[53:12.000 --> 53:15.000]  Oh, where do I begin?
[53:15.000 --> 53:26.000]  I entered into an agreement with a gentleman last year in December that...
[53:26.000 --> 53:30.000]  because he wanted to get out on work release once he went into jail
[53:30.000 --> 53:34.000]  and he needed insurance on the vehicle in order to get the interlock on it,
[53:34.000 --> 53:37.000]  so he couldn't afford the insurance.
[53:37.000 --> 53:45.000]  So he asked me if I would put it in my name and we found out that it was considerably less.
[53:45.000 --> 53:50.000]  So for my doing that, he was supposed to sign the title over to me.
[53:50.000 --> 54:00.000]  However, he began remigging on that and I just kept hoping that he would honor the agreement.
[54:00.000 --> 54:04.000]  I knew he wasn't going to.
[54:04.000 --> 54:09.000]  I had an idea, but I just kept believing that he wouldn't keep worrying about it.
[54:09.000 --> 54:19.000]  On May 9th, I got a call and called him back and, nope, he wanted the vehicle back.
[54:19.000 --> 54:28.000]  So I kept it for a while longer because when I spoke with the office...
[54:28.000 --> 54:32.000]  Okay, we don't need all the in-between details.
[54:32.000 --> 54:38.000]  The crux of the matter is that you are arrested for stealing the vehicle.
[54:38.000 --> 54:40.000]  Is that correct?
[54:40.000 --> 54:42.000]  Yeah.
[54:42.000 --> 54:44.000]  Aggravated...
[54:44.000 --> 54:46.000]  In the first degree?
[54:46.000 --> 54:48.000]  Okay.
[54:48.000 --> 54:52.000]  When we talk, I ask you...
[54:52.000 --> 54:58.000]  Okay, hold on. When we spoke, I asked you to go get the complaint and read it.
[54:58.000 --> 55:00.000]  Did you do that?
[55:00.000 --> 55:07.000]  Yes. That's what I'm reading from right now and I sent you underneath that subject title.
[55:07.000 --> 55:17.000]  Okay, read what the complaint is again.
[55:17.000 --> 55:23.000]  How one aggravated motor vehicle stopped in the first degree?
[55:23.000 --> 55:26.000]  How do they get to aggravated?
[55:26.000 --> 55:35.000]  I don't know. I don't understand any of this. It makes no sense whatsoever.
[55:35.000 --> 55:40.000]  Okay, did you file a response?
[55:40.000 --> 55:43.000]  No.
[55:43.000 --> 55:50.000]  You should file a motion to dismiss alleging that...
[55:50.000 --> 55:54.000]  Would you like to make more definite progress in your walk with God?
[55:54.000 --> 56:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[57:00.000 --> 57:15.000]  The following news flash is brought to you by The Lone Star Lowdown.
[57:30.000 --> 57:59.000]  Today in history, the year 1916, the Preparedness Day bombing, a Thai suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[57:59.000 --> 58:04.000]  Today in history.
[58:04.000 --> 58:05.000]  And recent news.
[58:05.000 --> 58:24.000]  Since Governor Greg Abbott signed House Bill 1325 legalizing heaven to tax his law back in June, county prosecutors around the state, including Houston, Austin and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the year for THC.
[58:24.000 --> 58:33.000]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[58:33.000 --> 59:01.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney in El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[59:01.000 --> 59:13.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[59:13.000 --> 59:22.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[59:22.000 --> 59:39.000]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[59:39.000 --> 59:51.000]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the glow.
[59:51.000 --> 59:59.000]  This is Book Roadie with your lowdown for July 22, 2019.
[59:59.000 --> 01:00:23.000]  Okay, we are back. Randy Kelsen, Brett Fountain, root of law radio on this, the 24th day of January, 2020, and we're talking to Tamara in Colorado.
[01:00:23.000 --> 01:00:46.000]  So the key element here is, did he claim that you stole the car from him, or did he claim that he put it into your possession and you refused to return it?
[01:00:46.000 --> 01:00:48.000]  Are you there, Tamara?
[01:00:48.000 --> 01:00:59.000]  Yeah, I'm trying to think about that one. I know something's seen one way and other things seen another way.
[01:00:59.000 --> 01:01:06.000]  Okay, hold on, hold on. You're moving in and out. Are you moving the mic?
[01:01:06.000 --> 01:01:08.000]  Yep.
[01:01:08.000 --> 01:01:19.000]  And I'm carrying maybe a problem with sound. Try to, you might be over driving the mic, move the mic down by your chin a little bit, so you're not talking directly into it.
[01:01:19.000 --> 01:01:29.000]  Okay, what did, was there an affidavit attached to the indictment?
[01:01:29.000 --> 01:01:33.000]  For the one, yes.
[01:01:33.000 --> 01:01:36.000]  What did it say?
[01:01:36.000 --> 01:01:43.000]  Uh, well, but you want me to read it?
[01:01:43.000 --> 01:01:52.000]  Ma'am, you have to know that frontwards and backwards. You cannot defend yourself unless you know what you were charged with.
[01:01:52.000 --> 01:02:05.000]  Yeah, what did he say? Did he say you stole the car from him, or did he say that he put it in your possession and you refused to give it back?
[01:02:05.000 --> 01:02:08.000]  That's two different things.
[01:02:08.000 --> 01:02:20.000]  Fleming reported to Assian that on approximately December 1st, he allowed Tamara to use his van to travel for job interviews while she was living with Fleming.
[01:02:20.000 --> 01:02:22.000]  Okay, move to dismiss.
[01:02:22.000 --> 01:02:39.000]  You cannot get to theft if she used his van. This is not accusing you of stealing it. If he allowed it, it's all civil. There is no criminal here.
[01:02:39.000 --> 01:02:41.000]  I know that.
[01:02:41.000 --> 01:02:50.000]  Period. Okay, follow, okay, follow motion to dismiss for failure, failure to stay to crime.
[01:02:50.000 --> 01:02:57.000]  Well, okay, do you want me to go on here and see if you see something that is?
[01:02:57.000 --> 01:03:04.000]  No, we're not going to have time for you to read that whole thing on the air, especially with your sound bouncing in and out.
[01:03:04.000 --> 01:03:11.000]  I have a hard time understanding you. I really need you to know what it actually says.
[01:03:11.000 --> 01:03:23.000]  The key element to theft, if you're charged with stealing an automobile by someone you know, now this comes up a lot.
[01:03:23.000 --> 01:03:29.000]  And how they got an indictment, I don't know. Is the guy in jail still?
[01:03:29.000 --> 01:03:34.000]  I don't know. Well, no, see, he got out on April 5th.
[01:03:34.000 --> 01:03:42.000]  Did he have, did he have a lawyer file this?
[01:03:42.000 --> 01:03:45.000]  No, there's no lawyer that I see.
[01:03:45.000 --> 01:03:54.000]  Okay, so he, okay, you should file tampering with a government document against him and filing a, filing a false police report.
[01:03:54.000 --> 01:04:08.000]  Oh yeah, definitely. Unless his statement says, I let her use the vehicle to do job interviews, whatever, and she didn't give it back.
[01:04:08.000 --> 01:04:14.000]  And that can be absolutely true. So he didn't file a false report.
[01:04:14.000 --> 01:04:25.000]  But he filed a complaint that failed to state the elements of the crime. So the complaint is insufficient on its face.
[01:04:25.000 --> 01:04:33.000]  Filing motion, challenging the sufficiency of the complaint. That must be challenged before trial.
[01:04:33.000 --> 01:04:38.000]  Did you have trial coming up or do you have just a hearing?
[01:04:38.000 --> 01:04:44.000]  Is this the assignment hearing?
[01:04:44.000 --> 01:04:47.000]  In any case, just the first hearing.
[01:04:47.000 --> 01:04:48.000]  Pardon?
[01:04:48.000 --> 01:05:04.000]  Yeah, right up a motion to dismiss for, a motion to dismiss because the complaint is insufficient, it fails to state a crime, the elements of a crime.
[01:05:04.000 --> 01:05:13.000]  Look up the elements of aggravated auto theft, statute you're charged with.
[01:05:13.000 --> 01:05:17.000]  Every element must be alleged.
[01:05:17.000 --> 01:05:20.000]  And read what the elements are.
[01:05:20.000 --> 01:05:31.000]  It's first one, first one, you have to have taken possession of the vehicle without permission of the owner.
[01:05:31.000 --> 01:05:44.000]  First one, if you loan someone your car and they don't bring it back, you got to sue them in the civil court.
[01:05:44.000 --> 01:05:49.000]  You do not have a criminal claim against them.
[01:05:49.000 --> 01:05:50.000]  Thank you.
[01:05:50.000 --> 01:05:54.000]  Go ahead.
[01:05:54.000 --> 01:05:57.000]  Yes, that would be absolutely correct.
[01:05:57.000 --> 01:06:04.000]  How they took a civil matter and turned it into a criminal one, I'll never understand.
[01:06:04.000 --> 01:06:09.000]  Just file a motion to dismiss, you need to get that on the record.
[01:06:09.000 --> 01:06:11.000]  Then this is a good time to do it.
[01:06:11.000 --> 01:06:14.000]  Just tell the prosecutor this is not a crime.
[01:06:14.000 --> 01:06:17.000]  You should know it's not a crime.
[01:06:17.000 --> 01:06:24.000]  As the vehicle was put in your possession voluntarily, that's why you have insurance on it.
[01:06:24.000 --> 01:06:31.000]  Do you really think I would steal somebody's car and then insure it?
[01:06:31.000 --> 01:06:34.000]  Duh.
[01:06:34.000 --> 01:06:36.000]  Pretty sad, isn't it?
[01:06:36.000 --> 01:06:41.000]  Yes, they're just used to everybody caving in.
[01:06:41.000 --> 01:06:44.000]  What they're likely to do is just dismiss.
[01:06:44.000 --> 01:06:47.000]  When they realize they don't have a case.
[01:06:47.000 --> 01:06:50.000]  Okay, but how do I do this motion to dismiss?
[01:06:50.000 --> 01:06:52.000]  Can you do that?
[01:06:52.000 --> 01:07:01.000]  Okay, most people think that writing a motion is like some kind of incantation, some magic hocus pocus.
[01:07:01.000 --> 01:07:14.000]  All a motion is, is a letter to the court that has a different kind of heading than like a business letter or a personal letter.
[01:07:14.000 --> 01:07:17.000]  This one has a court heading on it.
[01:07:17.000 --> 01:07:25.000]  The first thing you do is you tell the judge what you're going to ask for.
[01:07:25.000 --> 01:07:37.000]  You put in there your honor, I'm going to, this motion will ask the court to dismiss this complaint for failure to state the elements of a crime.
[01:07:37.000 --> 01:07:40.000]  Okay, now he knows where you're going.
[01:07:40.000 --> 01:07:52.000]  And then you state the facts on this day, this person allowed me to use this vehicle for this purpose, but it wasn't insured and this person couldn't insure it.
[01:07:52.000 --> 01:07:57.000]  So as a condition of me using his vehicle, I insured it.
[01:07:57.000 --> 01:07:59.000]  And then I use it.
[01:07:59.000 --> 01:08:06.000]  Then he decided he wanted it back and I didn't want to give it back to him because I had an investment in it.
[01:08:06.000 --> 01:08:13.000]  And now he's charged me with auto theft and this does not constitute auto theft.
[01:08:13.000 --> 01:08:16.000]  This constitutes a civil issue.
[01:08:16.000 --> 01:08:21.000]  And then you must move the court.
[01:08:21.000 --> 01:08:28.000]  I had someone come to me one time and wanted me to help him with a credit card issue.
[01:08:28.000 --> 01:08:35.000]  They'd been sued in the general court and I read the complaint by the lawyer and I said, these guys don't have a prayer.
[01:08:35.000 --> 01:08:37.000]  And he said, well, why not?
[01:08:37.000 --> 01:08:38.000]  I said, I don't know.
[01:08:38.000 --> 01:08:40.000]  They don't have a prayer.
[01:08:40.000 --> 01:08:45.000]  And prayer in this context is not in the religious context.
[01:08:45.000 --> 01:08:47.000]  Well, it kind of is.
[01:08:47.000 --> 01:08:54.000]  The word prayer in old English meant that you're asking for something.
[01:08:54.000 --> 01:09:00.000]  It doesn't mean that you're getting on your knees and praying to a God.
[01:09:00.000 --> 01:09:06.000]  When you get on your knees and pray to a God, you're asking God for something.
[01:09:06.000 --> 01:09:09.000]  I pray they do this.
[01:09:09.000 --> 01:09:11.000]  That's not necessarily religious.
[01:09:11.000 --> 01:09:14.000]  I pray he means I'm going to ask you to do something.
[01:09:14.000 --> 01:09:19.000]  You must have a prayer and prayer in this is just a term that's common.
[01:09:19.000 --> 01:09:21.000]  It doesn't have to say prayer.
[01:09:21.000 --> 01:09:25.000]  You can say, this is what I want you to do.
[01:09:25.000 --> 01:09:33.000]  But in order to invoke the authority of the court, you have to ask the court to do something.
[01:09:33.000 --> 01:09:42.000]  And this suit told what a no good deadbeat this guy was, but they never told us the court to do anything.
[01:09:42.000 --> 01:09:45.000]  So they didn't have a prayer.
[01:09:45.000 --> 01:09:47.000]  Okay, that was true.
[01:09:47.000 --> 01:09:49.000]  That was really that really happened.
[01:09:49.000 --> 01:09:51.000]  And that was great fun with that one.
[01:09:51.000 --> 01:09:54.000]  So that was a joke, right?
[01:09:54.000 --> 01:09:56.000]  No, that was not it.
[01:09:56.000 --> 01:09:59.000]  We laugh at your play on words.
[01:09:59.000 --> 01:10:01.000]  Those are cute, right?
[01:10:01.000 --> 01:10:05.000]  Yeah, these lawyers really, they really did that.
[01:10:05.000 --> 01:10:16.000]  And we file criminal charges against the judge for not sui sponte dismissing the case out of hand as insufficient on its face.
[01:10:16.000 --> 01:10:23.000]  Oh, we had a judge come into the courtroom and the guy stands up and says, Your Honor, what are you doing here?
[01:10:23.000 --> 01:10:25.000]  Well, this is my courtroom.
[01:10:25.000 --> 01:10:29.000]  Yes, Your Honor, but I filed criminal charges against you.
[01:10:29.000 --> 01:10:32.000]  What? What?
[01:10:32.000 --> 01:10:34.000]  Oh, it was great.
[01:10:34.000 --> 01:10:40.000]  Anyway, Tamara, just tell the judge what you're going to want him to do.
[01:10:40.000 --> 01:10:43.000]  Tell the judge why he should do.
[01:10:43.000 --> 01:10:55.000]  Give him a statement of facts and then take those facts and state an argument and based on those facts, this is why you should do this thing.
[01:10:55.000 --> 01:10:59.000]  And then say, Your Honor, I want you to do this.
[01:10:59.000 --> 01:11:05.000]  I want you to dismiss this case for failure to state an essential element of the crime.
[01:11:05.000 --> 01:11:07.000]  And that's it. Just give it to him.
[01:11:07.000 --> 01:11:12.000]  Now you have put it on the record.
[01:11:12.000 --> 01:11:21.000]  And when you go in, most likely the prosecutor is going to talk to you first and you're going to tell the prosecutor you don't have a case.
[01:11:21.000 --> 01:11:23.000]  You should have known that from the start.
[01:11:23.000 --> 01:11:33.000]  And unless the guy claims that you stole the vehicle, he never gave you permission to take it in the first place.
[01:11:33.000 --> 01:11:45.000]  And if he claims that, then you can say, well, I got these witnesses and the facts show that what he's saying is not true and you'll never get a conviction on this.
[01:11:45.000 --> 01:11:46.000]  This is a civil matter.
[01:11:46.000 --> 01:11:52.000]  And see if you can't talk to the prosecutor and have your motion in your hand.
[01:11:52.000 --> 01:11:54.000]  Talk to the prosecutor first.
[01:11:54.000 --> 01:11:59.000]  If he doesn't agree to drop it, then just go to the clerk and file the motion.
[01:11:59.000 --> 01:12:03.000]  So what do you think? Go to the DA first?
[01:12:03.000 --> 01:12:05.000]  Yeah. Yeah.
[01:12:05.000 --> 01:12:20.000]  Because good chance whoever the lawyer, whoever the lawyer you're standing in front of is he may not have seen this complaint before this the time he walks in the courtroom.
[01:12:20.000 --> 01:12:30.000]  And he may have only heard one side when you tell him the other side, your side and say, you know, he put it in my possession.
[01:12:30.000 --> 01:12:32.000]  That's why I insured it.
[01:12:32.000 --> 01:12:37.000]  Do you really think I'd be stupid enough to steal a car and insured in my name?
[01:12:37.000 --> 01:12:39.000]  That would be insane.
[01:12:39.000 --> 01:12:43.000]  And say, you know, you can't get a conviction on this.
[01:12:43.000 --> 01:12:45.000]  So ask him to dismiss it.
[01:12:45.000 --> 01:12:54.000]  And he may, you know, he's got a big stack of cases and he wants to clear his docket.
[01:12:54.000 --> 01:12:57.000]  So give him a chance to do that.
[01:12:57.000 --> 01:13:01.000]  You know, they may have just got this through the system and it's bogus.
[01:13:01.000 --> 01:13:05.000]  If he doesn't, then you can tell him, I got this motion.
[01:13:05.000 --> 01:13:10.000]  I'm going to file if you don't want to dismiss it, then I'll ask the judge to do it.
[01:13:10.000 --> 01:13:17.000]  And he may dismiss it for if he doesn't, then just file that with the court and you've got it on the record.
[01:13:17.000 --> 01:13:21.000]  And we move ahead from there.
[01:13:21.000 --> 01:13:28.000]  And then just keep proceeding on with the court case?
[01:13:28.000 --> 01:13:30.000]  Yeah, they'll set a court date.
[01:13:30.000 --> 01:13:32.000]  You'll ask for discovery.
[01:13:32.000 --> 01:13:42.000]  And then you go find someone who knows about this and get them to write an affidavit and file it with the court with another motion to dismiss.
[01:13:42.000 --> 01:13:46.000]  If they know you're going to fight them to the end, then most likely drop it.
[01:13:46.000 --> 01:13:47.000]  Hang on.
[01:13:47.000 --> 01:13:48.000]  Go into break.
[01:13:48.000 --> 01:13:50.000]  Oh, I'm not supposed to say break.
[01:13:50.000 --> 01:13:51.000]  Go into it.
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[01:16:30.000 --> 01:16:41.000]  Okay, we are back.
[01:16:41.000 --> 01:16:48.000]  Randy Kelton, Brett Fountain, Root of Law Radio, and we're talking to Tamara in Colorado.
[01:16:48.000 --> 01:16:51.000]  So, right now, that's all you got to do.
[01:16:51.000 --> 01:16:53.000]  It's just file a motion to dismiss.
[01:16:53.000 --> 01:16:57.000]  Don't get real combative with the prosecutor.
[01:16:57.000 --> 01:16:59.000]  Don't need to.
[01:16:59.000 --> 01:17:03.000]  We're in a great position just to dismiss.
[01:17:03.000 --> 01:17:05.000]  Consider where he's at.
[01:17:05.000 --> 01:17:09.000]  He comes in, they give him this whole stack of cases.
[01:17:09.000 --> 01:17:15.000]  His primary consideration is clearing his docket.
[01:17:15.000 --> 01:17:17.000]  He wants to get rid of these cases.
[01:17:17.000 --> 01:17:19.000]  He don't care if you go to jail or not.
[01:17:19.000 --> 01:17:21.000]  He wants to get rid of these cases.
[01:17:21.000 --> 01:17:26.000]  Secondly, he wants to look like he's actually prosecuting crime.
[01:17:26.000 --> 01:17:29.000]  But first, he wants to clear his docket.
[01:17:29.000 --> 01:17:37.000]  So, demonstrate to him you'll have a hard fight with this one.
[01:17:37.000 --> 01:17:38.000]  Okay?
[01:17:38.000 --> 01:17:44.000]  What do I do about the wrongful arrest?
[01:17:44.000 --> 01:17:46.000]  Maybe there, Tamara.
[01:17:46.000 --> 01:17:49.000]  Yeah, what do you do about the wrongful arrest?
[01:17:49.000 --> 01:17:51.000]  Yeah.
[01:17:51.000 --> 01:17:52.000]  Do that later.
[01:17:52.000 --> 01:17:54.000]  Get rid of these charges first.
[01:17:54.000 --> 01:17:57.000]  Don't start a fight yet.
[01:17:57.000 --> 01:18:01.000]  Once you get him to dismiss the charges,
[01:18:01.000 --> 01:18:04.000]  then you can go back on the wrongful arrest.
[01:18:04.000 --> 01:18:06.000]  And also...
[01:18:06.000 --> 01:18:08.000]  Actually, hold on.
[01:18:08.000 --> 01:18:10.000]  He has an indictment.
[01:18:10.000 --> 01:18:13.000]  It's not a wrongful arrest.
[01:18:13.000 --> 01:18:17.000]  You don't have a claim against the prosecution or the police
[01:18:17.000 --> 01:18:19.000]  for wrongful arrest.
[01:18:19.000 --> 01:18:23.000]  You have a claim against the accuser.
[01:18:23.000 --> 01:18:25.000]  If he's caught out of jail,
[01:18:25.000 --> 01:18:30.000]  you can charge him with tackling with a government document.
[01:18:30.000 --> 01:18:34.000]  Get him back in jail.
[01:18:34.000 --> 01:18:38.000]  But you don't have a claim for false arrest.
[01:18:38.000 --> 01:18:40.000]  Why not?
[01:18:40.000 --> 01:18:44.000]  The deputy fully knew that this was a civil matter.
[01:18:44.000 --> 01:18:45.000]  No, no.
[01:18:45.000 --> 01:18:49.000]  Look, if a policeman has a verified affidavit alleging a crime,
[01:18:49.000 --> 01:18:53.000]  he doesn't have to prove up that crime.
[01:18:53.000 --> 01:19:00.000]  If he has a verified affidavit from a citizen,
[01:19:00.000 --> 01:19:03.000]  and if there was a warrant issues,
[01:19:03.000 --> 01:19:06.000]  in this case, there was an indictment.
[01:19:06.000 --> 01:19:08.000]  So the clerk issued a warrant.
[01:19:08.000 --> 01:19:11.000]  The warrant was valid based on the indictment.
[01:19:11.000 --> 01:19:14.000]  So when the policeman made the arrest,
[01:19:14.000 --> 01:19:16.000]  the arrest was proper.
[01:19:16.000 --> 01:19:21.000]  The fact that the accuser lied to the police,
[01:19:21.000 --> 01:19:24.000]  they don't have to prove that up on the front end.
[01:19:24.000 --> 01:19:27.000]  That's something that gets proved up at trial.
[01:19:27.000 --> 01:19:34.000]  And if the accuser is shown to have perjured himself before the police,
[01:19:34.000 --> 01:19:39.000]  then you can pursue criminal charges against the accuser.
[01:19:39.000 --> 01:19:41.000]  Uh-huh.
[01:19:41.000 --> 01:19:47.000]  If the deputy...
[01:19:47.000 --> 01:19:49.000]  Would you say that again?
[01:19:49.000 --> 01:19:51.000]  The deputy.
[01:19:51.000 --> 01:19:55.000]  No, no, you can't go after the deputy.
[01:19:55.000 --> 01:19:59.000]  If the deputy has a valid warrant,
[01:19:59.000 --> 01:20:02.000]  he's doing his job.
[01:20:02.000 --> 01:20:10.000]  The judge is just a blank sheet of paper talking about getting a warrant.
[01:20:10.000 --> 01:20:12.000]  Well, it doesn't matter what you have.
[01:20:12.000 --> 01:20:16.000]  It matters what is in the court.
[01:20:16.000 --> 01:20:20.000]  I have the discovery pages.
[01:20:20.000 --> 01:20:21.000]  Okay.
[01:20:21.000 --> 01:20:25.000]  In the discovery pages, the warrant is not signed.
[01:20:25.000 --> 01:20:26.000]  Copy these...
[01:20:26.000 --> 01:20:29.000]  Okay, you have to go down and check the public record
[01:20:29.000 --> 01:20:36.000]  to make sure that there's not a signed warrant in the public record.
[01:20:36.000 --> 01:20:42.000]  But first, did you listen to the first part of this show?
[01:20:42.000 --> 01:20:44.000]  Yes.
[01:20:44.000 --> 01:20:51.000]  Don't get yourself put in jail because you put the prosecutor in a position
[01:20:51.000 --> 01:20:54.000]  to where he has to fight you.
[01:20:54.000 --> 01:20:56.000]  Clear your liberty first.
[01:20:56.000 --> 01:20:58.000]  Fight later.
[01:20:58.000 --> 01:21:00.000]  Okay.
[01:21:00.000 --> 01:21:05.000]  Once you get a dismissal, then you go back and fight all you want to.
[01:21:05.000 --> 01:21:08.000]  Okay.
[01:21:08.000 --> 01:21:10.000]  So, right now...
[01:21:10.000 --> 01:21:14.000]  We're without and concentrate on getting the dismissal.
[01:21:14.000 --> 01:21:16.000]  Yeah, that's what you want first.
[01:21:16.000 --> 01:21:19.000]  Don't start a fight with them until you get a dismissal
[01:21:19.000 --> 01:21:24.000]  or until they refuse to dismiss, then you can pursue.
[01:21:24.000 --> 01:21:26.000]  Well, when we spoke earlier this afternoon,
[01:21:26.000 --> 01:21:29.000]  you said to say to the court,
[01:21:29.000 --> 01:21:31.000]  I am here at armed length to the court.
[01:21:31.000 --> 01:21:36.000]  I challenge jurisdiction due to the warrant insufficient status.
[01:21:36.000 --> 01:21:38.000]  Yeah, you can do that.
[01:21:38.000 --> 01:21:44.000]  But I hadn't heard the claim against you.
[01:21:44.000 --> 01:21:45.000]  You can go do that.
[01:21:45.000 --> 01:21:48.000]  You can go down there and start any fight you want to with them.
[01:21:48.000 --> 01:21:52.000]  You can take this and get them peed at you
[01:21:52.000 --> 01:21:56.000]  and get them to use all of the government's money
[01:21:56.000 --> 01:21:59.000]  to fight you until hell freezes over.
[01:21:59.000 --> 01:22:02.000]  And they will do that.
[01:22:02.000 --> 01:22:05.000]  Well, see, I think that's what's going on.
[01:22:05.000 --> 01:22:09.000]  Then fight them and they'll throw you in jail.
[01:22:09.000 --> 01:22:13.000]  Just go down there with righteous indignation
[01:22:13.000 --> 01:22:15.000]  and let them know how to coway to cabbage
[01:22:15.000 --> 01:22:17.000]  and they will throw you in jail.
[01:22:17.000 --> 01:22:22.000]  That's the world we live in, especially Colorado.
[01:22:22.000 --> 01:22:24.000]  Clearly.
[01:22:24.000 --> 01:22:26.000]  First, clear your liberty.
[01:22:26.000 --> 01:22:30.000]  Go in there and be really nice to the district attorney
[01:22:30.000 --> 01:22:35.000]  and ask him to dismiss based on...
[01:22:35.000 --> 01:22:39.000]  Yeah, don't assume the district attorney is a bad guy.
[01:22:39.000 --> 01:22:41.000]  He's not out there filing these complaints.
[01:22:41.000 --> 01:22:44.000]  He just gets this stuff on his desk.
[01:22:44.000 --> 01:22:46.000]  You know, he may be...
[01:22:46.000 --> 01:22:49.000]  We got two prosecutors in the county I live in.
[01:22:49.000 --> 01:22:54.000]  One of them is if any prosecutor anywhere
[01:22:54.000 --> 01:22:57.000]  has his moral center in the right place,
[01:22:57.000 --> 01:23:00.000]  Greg Lowry does our district attorney.
[01:23:00.000 --> 01:23:02.000]  The other one, the county attorney,
[01:23:02.000 --> 01:23:05.000]  he's really a stinker.
[01:23:05.000 --> 01:23:08.000]  And you annoy him and he will use the county's money
[01:23:08.000 --> 01:23:12.000]  to fight you no matter what.
[01:23:12.000 --> 01:23:15.000]  It's just the kind of guy he is.
[01:23:15.000 --> 01:23:18.000]  First, give the prosecutor an opportunity
[01:23:18.000 --> 01:23:21.000]  to drop this case.
[01:23:21.000 --> 01:23:23.000]  To back themselves out of it.
[01:23:23.000 --> 01:23:26.000]  Yeah, he may never have even seen it.
[01:23:26.000 --> 01:23:29.000]  A lot of times these attorneys don't even look at something
[01:23:29.000 --> 01:23:32.000]  until it's the day of or the day before
[01:23:32.000 --> 01:23:35.000]  they have to go to trial about it.
[01:23:35.000 --> 01:23:39.000]  He may never even looked at it.
[01:23:39.000 --> 01:23:40.000]  Okay.
[01:23:40.000 --> 01:23:44.000]  So, yeah, if you're angry, set that aside for now.
[01:23:44.000 --> 01:23:46.000]  First, clear your liberty.
[01:23:46.000 --> 01:23:48.000]  Don't go to jail.
[01:23:48.000 --> 01:23:51.000]  Get this thing dismissed.
[01:23:51.000 --> 01:23:53.000]  Yep.
[01:23:53.000 --> 01:23:57.000]  So, the first thing I want to do is join the insurance papers
[01:23:57.000 --> 01:24:02.000]  and tell them about all the audio files.
[01:24:02.000 --> 01:24:04.000]  Audio files?
[01:24:04.000 --> 01:24:06.000]  Audio files.
[01:24:06.000 --> 01:24:10.000]  You recorded him?
[01:24:10.000 --> 01:24:12.000]  Yeah.
[01:24:12.000 --> 01:24:15.000]  Give yourself a pat on the back.
[01:24:15.000 --> 01:24:17.000]  That's right.
[01:24:17.000 --> 01:24:20.000]  You tell the lawyer, you tell the prosecutor,
[01:24:20.000 --> 01:24:23.000]  you've got recordings of him
[01:24:23.000 --> 01:24:26.000]  authorizing you to use the vehicle.
[01:24:26.000 --> 01:24:29.000]  Do you really want to go to court with this?
[01:24:29.000 --> 01:24:30.000]  Yeah.
[01:24:30.000 --> 01:24:32.000]  Don't give him the audio files.
[01:24:32.000 --> 01:24:34.000]  Don't tell it to him.
[01:24:34.000 --> 01:24:37.000]  Make a transcript of them.
[01:24:37.000 --> 01:24:38.000]  Oh, my God.
[01:24:38.000 --> 01:24:39.000]  Are you kidding?
[01:24:39.000 --> 01:24:40.000]  That would take me forever.
[01:24:40.000 --> 01:24:42.000]  No, it won't.
[01:24:42.000 --> 01:24:44.000]  You don't have to get him that either.
[01:24:44.000 --> 01:24:47.000]  Just tell him that you have it.
[01:24:47.000 --> 01:24:51.000]  Get two cell phones.
[01:24:51.000 --> 01:24:55.000]  Play the audio file on one cell phone
[01:24:55.000 --> 01:25:02.000]  into a voice message on the other cell phone.
[01:25:02.000 --> 01:25:05.000]  Once you do messaging on your phone,
[01:25:05.000 --> 01:25:07.000]  you push the speaker,
[01:25:07.000 --> 01:25:11.000]  it will take your voice and transcribe it.
[01:25:11.000 --> 01:25:14.000]  Just use the cell phone.
[01:25:14.000 --> 01:25:16.000]  What do you do next?
[01:25:16.000 --> 01:25:17.000]  Just find it.
[01:25:17.000 --> 01:25:20.000]  Just go out into the street
[01:25:20.000 --> 01:25:24.000]  and flag down the first 10-year-olds you see.
[01:25:24.000 --> 01:25:27.000]  They can explain all this stuff to you.
[01:25:27.000 --> 01:25:30.000]  If you've got a smartphone,
[01:25:30.000 --> 01:25:33.000]  you can send a message to someone
[01:25:33.000 --> 01:25:36.000]  and you can get the little microphone
[01:25:36.000 --> 01:25:38.000]  and talk into the smartphone
[01:25:38.000 --> 01:25:45.000]  and it will take your voice and turn it into print.
[01:25:45.000 --> 01:25:50.000]  Send a text message to yourself.
[01:25:50.000 --> 01:25:52.000]  Hit the microphone.
[01:25:52.000 --> 01:25:55.000]  Play your recording into the cell phone
[01:25:55.000 --> 01:25:59.000]  and it will transcribe it for you.
[01:25:59.000 --> 01:26:02.000]  I have no idea how I would do that.
[01:26:02.000 --> 01:26:04.000]  Go find...
[01:26:04.000 --> 01:26:07.000]  I can't explain to you...
[01:26:07.000 --> 01:26:09.000]  If you're not using a smartphone,
[01:26:09.000 --> 01:26:11.000]  go and just find someone who's got one.
[01:26:11.000 --> 01:26:14.000]  Anybody who's sending a text message knows how to do it.
[01:26:14.000 --> 01:26:17.000]  The point being, you just want to get the prosecutor
[01:26:17.000 --> 01:26:19.000]  to understand he doesn't have a case.
[01:26:19.000 --> 01:26:22.000]  You want the prosecutor to understand
[01:26:22.000 --> 01:26:25.000]  that you have proof,
[01:26:25.000 --> 01:26:27.000]  whether or not you show it to him,
[01:26:27.000 --> 01:26:31.000]  you have proof that you have permission here.
[01:26:31.000 --> 01:26:32.000]  That's one way.
[01:26:32.000 --> 01:26:34.000]  The other way is what Randy was saying earlier.
[01:26:34.000 --> 01:26:36.000]  Look at the document.
[01:26:36.000 --> 01:26:39.000]  The document says this is theft.
[01:26:39.000 --> 01:26:41.000]  This wasn't theft.
[01:26:41.000 --> 01:26:44.000]  So let's kind of go two sides of the same coin,
[01:26:44.000 --> 01:26:46.000]  but you're giving the prosecutor the opportunity
[01:26:46.000 --> 01:26:49.000]  to just go, oh, this one...
[01:26:49.000 --> 01:26:51.000]  I don't even need to adjudicate this at all.
[01:26:51.000 --> 01:26:53.000]  I'm going to dismiss this right now.
[01:26:53.000 --> 01:26:56.000]  And if he doesn't, you've got the motion to dismiss in your hand,
[01:26:56.000 --> 01:27:02.000]  and you just walk down the hall, file with a court clerk.
[01:27:02.000 --> 01:27:05.000]  Since 9-11, our government has used invasive measures
[01:27:05.000 --> 01:27:09.000]  like warrantless phone taps to keep us safe from terrorists.
[01:27:09.000 --> 01:27:11.000]  But too much government surveillance
[01:27:11.000 --> 01:27:13.000]  could actually put us at greater risk.
[01:27:13.000 --> 01:27:15.000]  I'm Dr. Katherine Albrecht,
[01:27:15.000 --> 01:27:18.000]  and I'll be back with the unsettling truth in just a moment.
[01:27:18.000 --> 01:27:20.000]  Privacy is under attack.
[01:27:20.000 --> 01:27:22.000]  When you give up data about yourself,
[01:27:22.000 --> 01:27:24.000]  you'll never get it back again.
[01:27:24.000 --> 01:27:26.000]  And once your privacy is gone,
[01:27:26.000 --> 01:27:28.000]  you'll find your freedoms will start to vanish too.
[01:27:28.000 --> 01:27:30.000]  So protect your rights.
[01:27:30.000 --> 01:27:33.000]  Say no to surveillance and keep your information to yourself.
[01:27:33.000 --> 01:27:36.000]  Privacy, it's worth hanging on to.
[01:27:36.000 --> 01:27:39.000]  This public service announcement is brought to you by StartPage.com,
[01:27:39.000 --> 01:27:43.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:27:43.000 --> 01:28:12.000]  Start Over with StartPage.
[01:28:13.000 --> 01:28:15.000]  Join me in opposing the Patriot Act
[01:28:15.000 --> 01:28:17.000]  and let's return to the best protection
[01:28:17.000 --> 01:28:19.000]  of federal government with limited powers
[01:28:19.000 --> 01:28:21.000]  in accordance with the U.S. Constitution.
[01:28:21.000 --> 01:28:23.000]  I'm Dr. Katherine Albrecht.
[01:28:23.000 --> 01:28:30.000]  More news and information at KatherineAlbrecht.com.
[01:28:30.000 --> 01:28:33.000]  This is Building 7, a 47-story skyscraper
[01:28:33.000 --> 01:28:36.000]  that fell on the afternoon of September 11.
[01:28:36.000 --> 01:28:38.000]  The government says that fire brought it down.
[01:28:38.000 --> 01:28:40.000]  However, 1,500 architects and engineers
[01:28:40.000 --> 01:28:43.000]  have concluded it was a controlled demolition.
[01:28:43.000 --> 01:28:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:28:46.000 --> 01:28:48.000]  Thousands of my fellow first responders have died.
[01:28:48.000 --> 01:28:50.000]  I'm not a conspiracy theorist.
[01:28:50.000 --> 01:28:51.000]  I'm a structural engineer.
[01:28:51.000 --> 01:28:52.000]  I'm a New York City correction officer.
[01:28:52.000 --> 01:28:53.000]  I'm an Air Force pilot.
[01:28:53.000 --> 01:28:55.000]  I'm a father who lost his son.
[01:28:55.000 --> 01:28:57.000]  We're Americans, and we deserve the truth.
[01:28:57.000 --> 01:29:01.000]  Go to RememberBuilding7.org today.
[01:29:01.000 --> 01:29:05.000]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:29:05.000 --> 01:29:07.000]  In today's America, we live in an us-against-them society,
[01:29:07.000 --> 01:29:10.000]  and if we, the people, are ever going to have a free society,
[01:29:10.000 --> 01:29:12.000]  then we're going to have to stand and defend our own rights.
[01:29:12.000 --> 01:29:15.000]  Among those rights are the right to travel freely from place to place,
[01:29:15.000 --> 01:29:17.000]  the right to act in our own private capacity,
[01:29:17.000 --> 01:29:19.000]  and most importantly, the right to due process of law.
[01:29:19.000 --> 01:29:22.000]  Traffic courts afford us the least expensive opportunity
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[01:30:03.000 --> 01:30:32.000]  LogosRadioNetwork.com.
[01:30:32.000 --> 01:30:34.000]  Okay, we are back.
[01:30:34.000 --> 01:30:36.000]  Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:30:36.000 --> 01:30:38.000]  and we're talking to Tamara and Colorado.
[01:30:38.000 --> 01:30:42.000]  Tamara, I can't spend another segment on this.
[01:30:42.000 --> 01:30:46.000]  Go out into the street, stop the first 10-year-old,
[01:30:46.000 --> 01:30:49.000]  and ask them how to use two cell phones
[01:30:49.000 --> 01:30:52.000]  to transcribe a recording.
[01:30:52.000 --> 01:30:55.000]  Do not give the recording to the lawyer,
[01:30:55.000 --> 01:30:57.000]  just tell him that you got it,
[01:30:57.000 --> 01:31:01.000]  and if he wants to hear it,
[01:31:01.000 --> 01:31:03.000]  say no, you're not getting it,
[01:31:03.000 --> 01:31:05.000]  but I'll bring you a transcript.
[01:31:05.000 --> 01:31:09.000]  If you bring the recording into court, I will do that.
[01:31:09.000 --> 01:31:12.000]  I'm already uploading it into a Google Drive,
[01:31:12.000 --> 01:31:15.000]  so I can give them a link to the Google Drive,
[01:31:15.000 --> 01:31:19.000]  and they can hear them all.
[01:31:19.000 --> 01:31:22.000]  I don't want any reason to give it to them at all.
[01:31:22.000 --> 01:31:24.000]  They could poke holes in it before the court case.
[01:31:24.000 --> 01:31:26.000]  Just tell them you got it, and that'll make them wonder
[01:31:26.000 --> 01:31:28.000]  what in the world you've got,
[01:31:28.000 --> 01:31:31.000]  and that'll be enough for him to want to drop it today.
[01:31:31.000 --> 01:31:36.000]  I've got a whole bunch of recordings of this guy.
[01:31:36.000 --> 01:31:39.000]  This whole issue of him letting me use the car,
[01:31:39.000 --> 01:31:42.000]  and if I need to, I'll bring him into court.
[01:31:42.000 --> 01:31:44.000]  Just go ahead and talk to him first.
[01:31:44.000 --> 01:31:48.000]  Don't go in with a chip on your shoulder.
[01:31:48.000 --> 01:31:54.000]  You've got someone here that may not know anything about all this.
[01:31:54.000 --> 01:31:59.000]  If you feel wronged and mistreated, set that aside for now.
[01:31:59.000 --> 01:32:02.000]  First, clear your liberty.
[01:32:02.000 --> 01:32:04.000]  Okay, I need to move on.
[01:32:04.000 --> 01:32:05.000]  What do I do?
[01:32:05.000 --> 01:32:09.000]  Do I go to the court hearing and do all this, or do I do all this?
[01:32:09.000 --> 01:32:10.000]  No, wait.
[01:32:10.000 --> 01:32:12.000]  Look, hold on, hold on.
[01:32:12.000 --> 01:32:14.000]  You've got to be kidding me.
[01:32:14.000 --> 01:32:17.000]  Of course you go to the court.
[01:32:17.000 --> 01:32:21.000]  Never ever don't go to court.
[01:32:21.000 --> 01:32:23.000]  Always go to court.
[01:32:23.000 --> 01:32:26.000]  Always, always, always.
[01:32:26.000 --> 01:32:28.000]  You've got a hearing coming up.
[01:32:28.000 --> 01:32:30.000]  Go to the hearing coming up.
[01:32:30.000 --> 01:32:31.000]  Talk to the prosecutor.
[01:32:31.000 --> 01:32:33.000]  Tell him you need to drop this.
[01:32:33.000 --> 01:32:37.000]  I'll be able to prove in court that this is all bogus.
[01:32:37.000 --> 01:32:41.000]  And almost certainly don't start a fight with him.
[01:32:41.000 --> 01:32:45.000]  Don't tell him how badly you've been mistreated.
[01:32:45.000 --> 01:32:48.000]  Just tell him that you don't have a case.
[01:32:48.000 --> 01:32:50.000]  Let's get this to go away.
[01:32:50.000 --> 01:32:52.000]  Then if you want to go back and fight with him,
[01:32:52.000 --> 01:32:56.000]  go fight or you want to once you've cleared your liberty.
[01:32:56.000 --> 01:32:58.000]  Okay.
[01:32:58.000 --> 01:32:59.000]  Okay.
[01:32:59.000 --> 01:33:00.000]  Thank you, Tamara.
[01:33:00.000 --> 01:33:03.000]  Now we're going to go to Tina in California.
[01:33:03.000 --> 01:33:05.000]  Hello, Tina.
[01:33:05.000 --> 01:33:08.000]  Hey, Randy, how are you?
[01:33:08.000 --> 01:33:11.000]  I'm good, I think.
[01:33:11.000 --> 01:33:16.000]  Well, I'm glad.
[01:33:16.000 --> 01:33:18.000]  Well, today's not Thursday.
[01:33:18.000 --> 01:33:20.000]  I thought it was Thursday.
[01:33:20.000 --> 01:33:24.000]  Now I know it's not, so I'm better.
[01:33:24.000 --> 01:33:27.000]  Yeah, you've got the weekend ahead.
[01:33:27.000 --> 01:33:34.000]  I've been so buried in what I'm doing that I'm losing track of time.
[01:33:34.000 --> 01:33:38.000]  Come to the age, Randy.
[01:33:38.000 --> 01:33:39.000]  Okay.
[01:33:39.000 --> 01:33:41.000]  What do you have for us today?
[01:33:41.000 --> 01:33:43.000]  A couple of things.
[01:33:43.000 --> 01:33:53.000]  Once I come up with what I think is a good plan to get around residue to Carter,
[01:33:53.000 --> 01:33:57.000]  that they keep throwing at me on these declaratory judgments.
[01:33:57.000 --> 01:34:06.000]  You know I'm going to do one on these and ask the judge to tell us what the law states
[01:34:06.000 --> 01:34:15.000]  when it says a nodary must send their ledgers to you upon written request.
[01:34:15.000 --> 01:34:19.000]  That's the same law in Texas, same in California.
[01:34:19.000 --> 01:34:24.000]  And I remember the attorney said, no, they're not going to do that because it's improper discovery
[01:34:24.000 --> 01:34:27.000]  and you're just trying to harass the IT by asking for it.
[01:34:27.000 --> 01:34:29.000]  No, no, I'm not.
[01:34:29.000 --> 01:34:37.000]  I'm going to send a brand new request to the junior jury.
[01:34:37.000 --> 01:34:46.000]  That's happened and they're not going to respond, but that happened after the previous lawsuit was closed.
[01:34:46.000 --> 01:34:49.000]  So it's a brand new request.
[01:34:49.000 --> 01:34:53.000]  I don't think they can go and accuse me of residue to Carter.
[01:34:53.000 --> 01:34:57.000]  No, it won't make any difference.
[01:34:57.000 --> 01:34:58.000]  It won't?
[01:34:58.000 --> 01:35:04.000]  If you've already made the request, making it again doesn't change anything.
[01:35:04.000 --> 01:35:10.000]  But they didn't respond and they're required by law to respond.
[01:35:10.000 --> 01:35:12.000]  Wait, say that again.
[01:35:12.000 --> 01:35:14.000]  I'm having trouble with your fidelity.
[01:35:14.000 --> 01:35:23.000]  They did not respond to it and they are required by law to respond and one of them does not work.
[01:35:23.000 --> 01:35:25.000]  They haven't responded.
[01:35:25.000 --> 01:35:32.000]  They haven't responded, do not give them opportunity to fix it.
[01:35:32.000 --> 01:35:39.000]  If you file another request, they can respond to it and they fix that issue.
[01:35:39.000 --> 01:35:45.000]  You already got a, don't give them a second bite at this apple.
[01:35:45.000 --> 01:35:50.000]  But then if, what can I do about it that they didn't respond?
[01:35:50.000 --> 01:35:56.000]  So far, I haven't been able to do anything because Texas Attorney General does nothing.
[01:35:56.000 --> 01:36:03.000]  The notary, you know, bar or whatever, doesn't do anything.
[01:36:03.000 --> 01:36:07.000]  One of them remains a notary.
[01:36:07.000 --> 01:36:11.000]  You're waiting for the appellate court to rule.
[01:36:11.000 --> 01:36:13.000]  Aren't you?
[01:36:13.000 --> 01:36:17.000]  No, this is, I haven't bought a case on this one.
[01:36:17.000 --> 01:36:19.000]  All I've done is...
[01:36:19.000 --> 01:36:22.000]  You're still in the, wait a minute.
[01:36:22.000 --> 01:36:24.000]  You're confusing me.
[01:36:24.000 --> 01:36:36.000]  You have this issue of them failing to provide you with this document as they agree to in a trial.
[01:36:36.000 --> 01:36:40.000]  No, that is the one I'm in right now.
[01:36:40.000 --> 01:36:44.000]  Are you talking about, are you talking about a different issue now?
[01:36:44.000 --> 01:36:48.000]  This is the second issue we have discussed.
[01:36:48.000 --> 01:36:50.000]  Remember where you were going?
[01:36:50.000 --> 01:37:04.000]  You asked me if I'd complained to the Texas Attorney General and the notary bar or whatever they call the notary commission in Texas.
[01:37:04.000 --> 01:37:06.000]  And I complained.
[01:37:06.000 --> 01:37:15.000]  The notary commission just gave the one that still had her notary an educational reprimand.
[01:37:15.000 --> 01:37:18.000]  They didn't make her send me what I had requested.
[01:37:18.000 --> 01:37:23.000]  The other notary had already resigned her notary.
[01:37:23.000 --> 01:37:24.000]  Okay.
[01:37:24.000 --> 01:37:25.000]  Does it matter?
[01:37:25.000 --> 01:37:26.000]  Does it matter?
[01:37:26.000 --> 01:37:33.000]  Did you finally complaint with the Secretary of State of the State of Texas?
[01:37:33.000 --> 01:37:34.000]  Yes, I sent that to you.
[01:37:34.000 --> 01:37:37.000]  You were going to write something up to go after them.
[01:37:37.000 --> 01:37:39.000]  I sent it to the Secretary of State.
[01:37:39.000 --> 01:37:41.000]  I sent it to the State Attorney General.
[01:37:41.000 --> 01:37:47.000]  I sent it to, I don't know, two or three people and they all did nothing.
[01:37:47.000 --> 01:37:55.000]  Did you file a complaint against the Secretary of State for official misconduct?
[01:37:55.000 --> 01:37:58.000]  For official misconduct?
[01:37:58.000 --> 01:37:59.000]  Yes.
[01:37:59.000 --> 01:38:04.000]  Where do I file the complaint for official misconduct?
[01:38:04.000 --> 01:38:08.000]  With the Travis County Grand Jury.
[01:38:08.000 --> 01:38:09.000]  Travis County.
[01:38:09.000 --> 01:38:17.000]  For official misconduct and official oppression?
[01:38:17.000 --> 01:38:18.000]  No.
[01:38:18.000 --> 01:38:26.000]  This is a criminal complaint that she filed with against the Attorney.
[01:38:26.000 --> 01:38:31.000]  And in a criminal complaint, she doesn't have standing.
[01:38:31.000 --> 01:38:38.000]  So she can't claim official oppression, but she can claim official misconduct.
[01:38:38.000 --> 01:38:40.000]  Misfeasance in office.
[01:38:40.000 --> 01:38:42.000]  Gotcha.
[01:38:42.000 --> 01:38:48.000]  Since it's a, the criminal complaint, you would not be harmed.
[01:38:48.000 --> 01:38:53.000]  That's an issue between the individual and the state.
[01:38:53.000 --> 01:39:02.000]  This one is Code of Criminal Procedure 304, official misconduct.
[01:39:02.000 --> 01:39:06.000]  Okay.
[01:39:06.000 --> 01:39:13.000]  And then you file that with the Travis County Grand Jury and you use the cover letter for
[01:39:13.000 --> 01:39:14.000]  the foreman.
[01:39:14.000 --> 01:39:20.000]  You can put in a request for the names of the grand jurors and in Travis County, they
[01:39:20.000 --> 01:39:21.000]  will give them to you.
[01:39:21.000 --> 01:39:23.000]  I've got those before.
[01:39:23.000 --> 01:39:25.000]  Or at least they did for me.
[01:39:25.000 --> 01:39:26.000]  They may not for you.
[01:39:26.000 --> 01:39:33.000]  If they don't, then we can fix that part because now I have the case law that says that they
[01:39:33.000 --> 01:39:39.000]  have to get it or the Attorney Jones opinion that says it happened to give it to you.
[01:39:39.000 --> 01:39:47.000]  And if the prosecutor, okay, if the prosecutor, if you can send them a request for the names
[01:39:47.000 --> 01:39:52.000]  of the grand jury members, if they refuse to send it, then you file a complaint against
[01:39:52.000 --> 01:40:00.000]  the prosecuting attorney with the grand jury and send it to the prosecutor's office.
[01:40:00.000 --> 01:40:06.000]  Put the cover letter on there and ask the grand jury foreman to initialize the letter and
[01:40:06.000 --> 01:40:11.000]  send it back to you in the stamp self-addressed envelope so that you'll know he actually
[01:40:11.000 --> 01:40:12.000]  received it.
[01:40:12.000 --> 01:40:19.000]  When you don't get that back in 10 days, send the document registered restricted and ensure
[01:40:19.000 --> 01:40:20.000]  it.
[01:40:20.000 --> 01:40:24.000]  Then you seek to post the inspector on the prosecuting attorney.
[01:40:24.000 --> 01:40:30.000]  And what this does is create issues the prosecutor has to deal with.
[01:40:30.000 --> 01:40:32.000]  Uses up his time.
[01:40:32.000 --> 01:40:35.000]  I think we have a female there.
[01:40:35.000 --> 01:40:40.000]  Uses up her time and she is not going to be happy.
[01:40:40.000 --> 01:40:43.000]  So you may be able to leverage them to do something.
[01:40:43.000 --> 01:40:44.000]  Hang on.
[01:40:44.000 --> 01:40:45.000]  Going to break.
[01:40:45.000 --> 01:40:46.000]  We're going to our sponsors.
[01:40:46.000 --> 01:40:48.000]  Going to our sponsors.
[01:40:48.000 --> 01:40:54.000]  Randy Kelton.
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[01:43:21.000 --> 01:43:26.000]  Hey, we are back. Randy Kelton, Brant Somebody.
[01:43:26.000 --> 01:43:35.000]  Rule of Law Radio on this, the 24th day of January, 2020.
[01:43:35.000 --> 01:43:39.000]  And we're talking to Tina in California.
[01:43:39.000 --> 01:43:41.000]  Okay.
[01:43:41.000 --> 01:43:45.000]  I sure feel that I finally became somebody.
[01:43:45.000 --> 01:43:58.000]  Okay, this part gets to be fun, Tina, and it's a nice exercise in jurisprudence.
[01:43:58.000 --> 01:44:06.000]  If you do this, the prosecutor is going to be saying, that countenance I'll be,
[01:44:06.000 --> 01:44:11.000]  because they'll recognize the process.
[01:44:11.000 --> 01:44:17.000]  But you start turning the screws on them.
[01:44:17.000 --> 01:44:19.000]  It's what you've been doing in California.
[01:44:19.000 --> 01:44:26.000]  And I'm not as good at it in California, but I know how to do it in Texas.
[01:44:26.000 --> 01:44:35.000]  And besides, oh, the Secretary of State, that's where I was arrested the last time.
[01:44:35.000 --> 01:44:47.000]  When the DPS guy who was a state capital security smashed me into a wall and broke one of my teeth.
[01:44:47.000 --> 01:44:56.000]  When I asked him after I had called 911 on them and was waiting for Austin PD to come and arrest him.
[01:44:56.000 --> 01:45:01.000]  And he wanted to talk to me and I didn't want to talk to him.
[01:45:01.000 --> 01:45:12.000]  And he kept asking me when I said, what part of I do not want to talk to you?
[01:45:12.000 --> 01:45:17.000]  Do you not understand?
[01:45:17.000 --> 01:45:19.000]  He lost it.
[01:45:19.000 --> 01:45:23.000]  Smash me into a wall and be arrested.
[01:45:23.000 --> 01:45:25.000]  Oh, it got real interesting.
[01:45:25.000 --> 01:45:31.000]  They dismissed that case to protect my lawyer from me, but I won't go into that story. I've been into that one before.
[01:45:31.000 --> 01:45:40.000]  But here, if you file a complaint, you pay an extra five bucks and insure it.
[01:45:40.000 --> 01:45:48.000]  And if you send it to the form of the grand jury, the only address we have for the grand jury is the district attorney's office.
[01:45:48.000 --> 01:45:52.000]  So anything goes to the district attorney's office goes to the mail room.
[01:45:52.000 --> 01:46:03.000]  If it's registered restricted, then under federal law only the person to whom it is directed can sign for it.
[01:46:03.000 --> 01:46:06.000]  But the guy in the mail room, he just signs them all.
[01:46:06.000 --> 01:46:10.000]  And the mailman, they don't pay the attention.
[01:46:10.000 --> 01:46:14.000]  And then you got that cover letter when you don't get it back.
[01:46:14.000 --> 01:46:24.000]  If you pay to insure it, then you call the postal inspectors and say, someone did something with his document.
[01:46:24.000 --> 01:46:30.000]  It didn't get to the foreman because I had a stamp, a letter and a stamp, self-advertisement, wrote for the foreman to send back to me.
[01:46:30.000 --> 01:46:32.000]  And I didn't get it.
[01:46:32.000 --> 01:46:36.000]  So obviously the foreman didn't get the complaint.
[01:46:36.000 --> 01:46:46.000]  And you get the feds calling the prosecutor, wanting to know what's going on down there, why does this woman want me to come down there and arrest somebody?
[01:46:46.000 --> 01:46:48.000]  Does that sound like fontanine?
[01:46:48.000 --> 01:46:50.000]  Oh, that sounds like fun.
[01:46:50.000 --> 01:46:51.000]  I like all that.
[01:46:51.000 --> 01:47:05.000]  So can I still then, doing this, I can still file for a declaratory judgment here for the judge to, you know, say what the law says because they don't believe that they have to send it to me.
[01:47:05.000 --> 01:47:09.000]  And of course they'll do, oh, you know, it's all bought by Residue to Carter.
[01:47:09.000 --> 01:47:10.000]  She's trying.
[01:47:10.000 --> 01:47:11.000]  She's harassing us.
[01:47:11.000 --> 01:47:14.000]  This is her seventh lawsuit against her.
[01:47:14.000 --> 01:47:15.000]  Okay.
[01:47:15.000 --> 01:47:20.000]  Ignore their assertions of Residue to Carter.
[01:47:20.000 --> 01:47:28.000]  You've already addressed that, that all of those other issues are not before the court.
[01:47:28.000 --> 01:47:30.000]  There's only one thing before the court.
[01:47:30.000 --> 01:47:34.000]  Now, if these guys feel harassed, they don't have to answer.
[01:47:34.000 --> 01:47:38.000]  They don't have to do anything.
[01:47:38.000 --> 01:47:47.000]  They can send you that document they promised you they would, or they can just do nothing and see what happens.
[01:47:47.000 --> 01:47:54.000]  So if you want to defend yourself, knock yourself out, if you don't, you don't want to be bothered, then go and don't.
[01:47:54.000 --> 01:47:59.000]  But you have a right to petition the court to redress agreements.
[01:47:59.000 --> 01:48:08.000]  And in this case, you petition the court for a determination of the rights of the parties for a declaration.
[01:48:08.000 --> 01:48:10.000]  And you have a right to do that.
[01:48:10.000 --> 01:48:16.000]  And if the other party feels harassed, deal with it.
[01:48:16.000 --> 01:48:18.000]  That's tough.
[01:48:18.000 --> 01:48:20.000]  Yeah.
[01:48:20.000 --> 01:48:21.000]  That's right.
[01:48:21.000 --> 01:48:22.000]  They harass me.
[01:48:22.000 --> 01:48:24.000]  It's my turn to harass them.
[01:48:24.000 --> 01:48:33.000]  So good to do that because I'm trying to get ready to do that and, you know, file all these things before the next hearing.
[01:48:33.000 --> 01:48:41.000]  By the way, one of the notaries involved, and I found more signatures of hers online that are totally different to her.
[01:48:41.000 --> 01:48:44.000]  The signatures on the notary and what's in my document.
[01:48:44.000 --> 01:48:45.000]  Hold on.
[01:48:45.000 --> 01:48:47.000]  Hold on.
[01:48:47.000 --> 01:48:53.000]  Brett, are you having as much trouble understanding her as I am?
[01:48:53.000 --> 01:49:00.000]  It just sounds like she's far away, like hearing her in a pit or a hole.
[01:49:00.000 --> 01:49:07.000]  You know, this is odd because when I talked to Tina on the telephone, she's on the same phone.
[01:49:07.000 --> 01:49:10.000]  When we talk on the phone, I can hear her perfectly.
[01:49:10.000 --> 01:49:14.000]  But every time you call into the show, it's muffled.
[01:49:14.000 --> 01:49:17.000]  So talk a little bit slower.
[01:49:17.000 --> 01:49:19.000]  Maybe we can understand it better.
[01:49:19.000 --> 01:49:20.000]  Okay.
[01:49:20.000 --> 01:49:22.000]  I'll move the phone away.
[01:49:22.000 --> 01:49:32.000]  I was just saying that the one of the notaries involved, the one that had given up a notary position and had not sent her documents to the required township recorders office.
[01:49:32.000 --> 01:49:37.000]  She's now living in Tennessee.
[01:49:37.000 --> 01:49:38.000]  No, good.
[01:49:38.000 --> 01:49:39.000]  The neighbor of yours.
[01:49:39.000 --> 01:49:41.000]  Now you...
[01:49:41.000 --> 01:49:44.000]  Well, that doesn't help her.
[01:49:44.000 --> 01:49:49.000]  She was a notary in Texas.
[01:49:49.000 --> 01:49:54.000]  So she's still liable to stay to Texas.
[01:49:54.000 --> 01:49:57.000]  Because that's where she was at the time.
[01:49:57.000 --> 01:49:58.000]  Yeah.
[01:49:58.000 --> 01:50:06.000]  The fact that she's in Tennessee now doesn't give her diversity jurisdiction.
[01:50:06.000 --> 01:50:07.000]  Okay.
[01:50:07.000 --> 01:50:10.000]  Can I file these things against the two of them?
[01:50:10.000 --> 01:50:17.000]  You might send her a tort letter in Tennessee.
[01:50:17.000 --> 01:50:23.000]  Oh, certainly you have someone who is just an employee of the bank.
[01:50:23.000 --> 01:50:33.000]  And when you send her a tort letter for what she did as an employee of the bank, consider what would you do?
[01:50:33.000 --> 01:50:35.000]  You work for this company.
[01:50:35.000 --> 01:50:37.000]  You did what the company told you to.
[01:50:37.000 --> 01:50:43.000]  And now somebody threatened to sue you.
[01:50:43.000 --> 01:50:45.000]  Hmm.
[01:50:45.000 --> 01:50:46.000]  Yeah.
[01:50:46.000 --> 01:50:58.000]  You get her calling, threatening to sue the bank because somebody is threatening to sue her because what the bank told her to do.
[01:50:58.000 --> 01:51:00.000]  Okay.
[01:51:00.000 --> 01:51:04.000]  Well, I'll look up tort letters and actions now.
[01:51:04.000 --> 01:51:06.000]  There's one more thing I wanted to bring up.
[01:51:06.000 --> 01:51:07.000]  Okay.
[01:51:07.000 --> 01:51:08.000]  Tort letter.
[01:51:08.000 --> 01:51:16.000]  And all it is, is if you studied UCC, notice an opportunity.
[01:51:16.000 --> 01:51:20.000]  I give you notice that I have been harmed.
[01:51:20.000 --> 01:51:28.000]  I notice you of how much I've been harmed and give you opportunity to make me whole.
[01:51:28.000 --> 01:51:37.000]  And in your case, because of what this notary did, you lost your property.
[01:51:37.000 --> 01:51:40.000]  You lost it fraudulently.
[01:51:40.000 --> 01:51:49.000]  So you notice her that you've been harmed in an amount equal to three times the value of your property.
[01:51:49.000 --> 01:51:53.000]  Oh, that's three times 900,000.
[01:51:53.000 --> 01:52:15.000]  Yeah, when that ex-employee gets a $2.7 million claim against her, good chance she's going to get real excited.
[01:52:15.000 --> 01:52:17.000]  Well, good.
[01:52:17.000 --> 01:52:21.000]  She has a property that's worth a little bit.
[01:52:21.000 --> 01:52:29.000]  What you may get her to do is turn on the bank.
[01:52:29.000 --> 01:52:41.000]  Tell her lawyer, look, if she didn't do anything wrong, if she'll give me an affidavit sufficient to transfer liability to the bank, then I'm fired.
[01:52:41.000 --> 01:52:46.000]  I'll dismiss my claim against her.
[01:52:46.000 --> 01:52:47.000]  Okay.
[01:52:47.000 --> 01:52:49.000]  That sounds good.
[01:52:49.000 --> 01:52:52.000]  Return them on each other.
[01:52:52.000 --> 01:53:03.000]  Yeah, because she was the one of the ones who signed the substitution of trustees, which allows them to go at, you know, the trustee, the substitute.
[01:53:03.000 --> 01:53:04.000]  Oh, wait a minute.
[01:53:04.000 --> 01:53:05.000]  Wait a minute.
[01:53:05.000 --> 01:53:06.000]  Substitution.
[01:53:06.000 --> 01:53:07.000]  That sounds sketchy.
[01:53:07.000 --> 01:53:10.000]  That's a problem.
[01:53:10.000 --> 01:53:11.000]  Why?
[01:53:11.000 --> 01:53:23.000]  Okay, what the courts are going to say is that is not something over which you have standing to raise a claim.
[01:53:23.000 --> 01:53:26.000]  This is a fraudulent signature.
[01:53:26.000 --> 01:53:29.000]  Yeah, but you can't claim harm.
[01:53:29.000 --> 01:53:31.000]  Why?
[01:53:31.000 --> 01:53:35.000]  Fraud's only fraud if you're harmed by the fraud.
[01:53:35.000 --> 01:53:37.000]  I was harmed by the fraud.
[01:53:37.000 --> 01:53:54.000]  The mortgage or or the holder of the claim has the contractual power to appoint a substitute trustee.
[01:53:54.000 --> 01:54:05.000]  That appointment of substitute trustee is a matter between the mortgage or and the trustee.
[01:54:05.000 --> 01:54:09.000]  And you have no standing to raise a claim about that.
[01:54:09.000 --> 01:54:14.000]  That's what the courts have consistent.
[01:54:14.000 --> 01:54:33.000]  However, if violation of state law is still a violation of state law and you can still make the claim and claim a tort because you were denied due process.
[01:54:33.000 --> 01:54:34.000]  Okay.
[01:54:34.000 --> 01:54:48.000]  And whether or not you could use that information to your benefit is irrelevant.
[01:54:48.000 --> 01:54:57.000]  You had a statutory right to it under law and the notary had a statutory duty to provide it under law.
[01:54:57.000 --> 01:55:08.000]  And a failure to perform a duty required to perform is a denial of due process and it is harm per se.
[01:55:08.000 --> 01:55:11.000]  And you can claim to have much harm you want to.
[01:55:11.000 --> 01:55:13.000]  So we could still get there.
[01:55:13.000 --> 01:55:14.000]  Okay.
[01:55:14.000 --> 01:55:15.000]  So I can still go after her.
[01:55:15.000 --> 01:55:16.000]  Okay.
[01:55:16.000 --> 01:55:20.000]  Well, I've got a lot of work to do, but I wanted to bring one thing, a couple of things up.
[01:55:20.000 --> 01:55:21.000]  Okay.
[01:55:21.000 --> 01:55:22.000]  Hang on.
[01:55:22.000 --> 01:55:23.000]  Hang on.
[01:55:23.000 --> 01:55:24.000]  I'm about to go to our sponsors.
[01:55:24.000 --> 01:55:25.000]  Okay.
[01:55:25.000 --> 01:55:28.000]  Randy Kelton, Brett Fountain, Lula Law Radio.
[01:55:28.000 --> 01:55:40.000]  And we have a bunch of sponsors and all of our sponsors tend to be providers of services people seeking legal remedy can use.
[01:55:40.000 --> 01:55:48.000]  So go to local radio network, check out our sponsors and help us support this network and keep us on the air.
[01:55:48.000 --> 01:55:50.000]  We'll be right back.
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[01:56:20.000 --> 01:56:49.000]  Thank you.
[01:56:50.000 --> 01:57:00.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:57:00.000 --> 01:57:06.000]  The following news flash is brought to you by The Lowest Star Lowdown.
[01:57:06.000 --> 01:57:32.000]  Thank you.
[01:57:32.000 --> 01:58:00.000]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on Market Street in San Francisco during the World War I preparedness day parade, killing 10 and entering 40.
[01:58:00.000 --> 01:58:24.000]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven to tax his law back in June, county prosecutors around the state, including Houston, Austin and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the year for THC.
[01:58:24.000 --> 01:58:33.000]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:58:33.000 --> 01:59:01.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HP 1325 works, as well as other cities too, like the district attorney, and El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:59:01.000 --> 01:59:13.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:59:13.000 --> 01:59:22.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:59:22.000 --> 01:59:39.000]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:59:39.000 --> 01:59:51.000]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:59:51.000 --> 02:00:00.000]  This is Rick Rody with the Lowdown for July 22, 2019.