[00:00.000 --> 00:06.760]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.760 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with Precious Metals, Gold $1,429 an ounce,
[00:13.200 --> 00:21.520]  Silver $16.45 an ounce, Copper $2.75 an ounce, Oil, Texas Crude $55.63 a barrel, Brent Crude
[00:21.520 --> 00:29.960]  $62.47 a barrel, and Cryptos in order of Market Cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.960 --> 00:41.360]  $27.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.360 --> 00:52.320]  Chain History, the year 1916 the preparedness day bombing, a Thai suitcase bomb was detonated
[00:52.320 --> 00:57.800]  on Market Street in San Francisco during the World War I Preparedness Day Parade killing
[00:57.800 --> 01:04.800]  the 10 and injuring 40 today in history.
[01:04.800 --> 01:09.800]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hempett attacks
[01:09.800 --> 01:14.440]  his law back in June, county prosecutors around the state including Houston, Austin and San
[01:14.440 --> 01:18.880]  Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.880 --> 01:22.840]  since they are stipulating that they do not have the time or the laboratory equipment to
[01:22.840 --> 01:27.800]  test the herb for THC. Margaret Moore, the Travis County District Attorney announced earlier
[01:27.800 --> 01:32.520]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.520 --> 01:33.720]  because of the law.
[01:33.720 --> 01:37.600]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter
[01:37.600 --> 01:42.120]  that county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.120 --> 01:48.280]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as
[01:48.280 --> 01:54.520]  well as other cities too like the District Attorney in El Paso, Kyma Esparza, a Democrat
[01:54.520 --> 01:59.000]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.000 --> 02:01.720]  prosecution of marijuana cases in El Paso.
[02:01.720 --> 02:06.800]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.800 --> 02:10.800]  in Harris County who stated that, quote, the law is constantly changing on what makes
[02:10.800 --> 02:13.520]  something illegal based on its chemical makeup.
[02:13.520 --> 02:17.400]  It's important that if someone is charged with something, the test matches what they're
[02:17.400 --> 02:22.600]  charged with.
[02:22.600 --> 02:27.240]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.240 --> 02:32.360]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.360 --> 02:38.040]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.040 --> 02:39.040]  Pacific Ocean.
[02:39.040 --> 02:43.800]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.800 --> 02:50.080]  its front fins for the purpose it is hypothesized to lure and prey who may be drawn into the
[02:50.080 --> 03:18.620]  glow.
[03:18.620 --> 03:26.620]  Tell me what you wanna do, what you gonna do, yeah
[03:26.620 --> 03:32.620]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:32.620 --> 03:38.620]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:38.620 --> 03:43.620]  When you were eight and you had bad dreams, you go to school and learn the golden rule
[03:43.620 --> 03:46.620]  So why are you acting like a bloody fool
[03:46.620 --> 03:48.620]  If you'll get down to yourself, then you must get cool
[03:48.620 --> 03:53.620]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:53.620 --> 03:59.620]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you
[03:59.620 --> 04:02.620]  You're권kytun, that one, You responkytun, this one
[04:02.620 --> 03:48.520]  You pipingZ Ready to pump up water? No, You're
[04:08.620 --> 04:10.620]  Toapy done in this one and next get to me
[04:10.620 --> 04:15.620]  Bad boys, bad boys, what you gonna do, what you gonna do, when they come for you
[04:45.620 --> 04:52.220]  Okay, howdy, howdy, Randy Kelton, Brett Fountain on this Thursday, the 12th of
[04:52.220 --> 05:02.300]  March 2020. And Brett, you've had some interesting stuff going on today in
[05:02.300 --> 05:07.900]  Wood County. Would you like to bring us up to speed on what you're doing there?
[05:07.900 --> 05:13.940]  Sure. Well, I think it's probably more interesting for one lawyer in
[05:13.940 --> 05:23.980]  particular than really about my case. But, well, with records requests, the
[05:23.980 --> 05:30.540]  public officials who are required to respond sometimes try to pull that off
[05:30.540 --> 05:37.540]  to somebody else. They will outsource their responsibility to somebody else.
[05:37.540 --> 05:43.780]  Well, it's unfortunately very common for them to hire an external attorney or
[05:43.780 --> 05:48.940]  even an attorney, a firm, to hear where you handle these these records requests.
[05:48.940 --> 05:57.260]  So then when you get back all these, all this cruft, everything where they say
[05:57.260 --> 06:01.140]  they can't, they won't, they need clarification, and they're gonna have to
[06:01.140 --> 06:06.060]  go to the Attorney General for another opinion, all this kind of stuff. Well, that
[06:06.060 --> 06:12.180]  comes back to you with an external lawyer's name on it instead of the
[06:12.180 --> 06:17.500]  official that you addressed. And that's what was going on in Wood County. Asking
[06:17.500 --> 06:24.380]  them, I would like to see proof of your having had the mandatory training that's
[06:24.380 --> 06:30.700]  required by law according to the government code 552. And two weeks later,
[06:30.700 --> 06:35.940]  like 15 minutes before the 5 p.m. deadline, I get a note from an external
[06:35.940 --> 06:42.060]  lawyer saying, here's this one page, this is the responsive to your request. And
[06:42.060 --> 06:48.420]  I requested seven items and I requested three years worth. That's not responsive
[06:48.420 --> 06:54.380]  to my request. So I started giving him a hard time and said, look, who are you? I
[06:54.380 --> 06:59.580]  don't know who you are. I didn't engage you. This doesn't have anything to do with
[06:59.580 --> 07:06.420]  with what I asked for. And, you know, it looks to me like you're impersonating the
[07:06.420 --> 07:11.060]  judge. I asked this information from the judge and who are you and what is this?
[07:11.060 --> 07:20.100]  And told him to leave me alone. Well, he didn't leave me alone. And so then I bar
[07:20.100 --> 07:24.900]  grieved him, solved criminal charges for impersonating a judge. He kept on trying.
[07:24.900 --> 07:33.420]  So then I bar grieved all five of the partners of his law firm. And then, boom,
[07:33.420 --> 07:40.860]  he went silent. And next thing you know, he doesn't work at that law firm anymore.
[07:40.860 --> 07:47.540]  He works at another larger law firm. They have a whole bunch more lawyer. I guess
[07:47.540 --> 07:50.340]  maybe it's because of the insurance. You think, Randy, that could be it because
[07:50.340 --> 08:02.620]  their insurance is somehow covers them better. They may be more tolerant. So recently,
[08:02.620 --> 08:07.820]  fast forward a few months and I've had a need to get some more records out of Wood
[08:07.820 --> 08:14.260]  County. And this same lawyer pipes up and starts buttoning and telling me that
[08:14.260 --> 08:19.340]  can't want, don't have to. That's not required and you don't get to see that or
[08:19.340 --> 08:24.940]  whatever. And again, I guess he didn't remember me, but I guarantee you now he
[08:24.940 --> 08:35.060]  does because I've bar grieved. No, first I sent a tort letter to all 13 of the new
[08:35.060 --> 08:43.140]  law firms, the partners and shareholders of the new law firm. And so they're
[08:43.140 --> 08:49.900]  probably having something interesting to talk about. And this evening, after we get
[08:49.900 --> 08:55.540]  done with the broadcast, I will go and do some bar grievances. I can all just
[08:55.540 --> 08:59.980]  really appreciate the juju he brought to them.
[08:59.980 --> 09:06.100]  Otherwise, there's nothing really happening in my case. We're still waiting
[09:06.100 --> 09:10.420]  for the Supreme Court to rule on the criminal conduct of the senior justice.
[09:10.420 --> 09:16.180]  And we're waiting for the Supreme Court to rule on my petition for rid of
[09:16.180 --> 09:22.620]  mandamus. So until that happens, they can't really go ahead and try to address
[09:22.620 --> 09:29.460]  this traffic ticket, which they tried to revive after dismissal. We'll see.
[09:29.460 --> 09:38.980]  Well, I had a... I'm sorry. I'm having a little trouble with voice. Go ahead.
[09:38.980 --> 09:46.500]  Oh, my. I'm sorry to hear that. But, yeah, Wood County is, I'm sure there are a lot
[09:46.500 --> 09:52.460]  of political... You always talk about stirring up the politics and I'm pretty
[09:52.460 --> 09:58.900]  sure that at this point, there's so much politics and finger pointing. I'm sure
[09:58.900 --> 10:04.580]  they've got everybody from the Texas Supreme on down. We've been multiple
[10:04.580 --> 10:10.500]  districts and administrative judicial regions involved, people getting
[10:10.500 --> 10:16.780]  disqualified and criminal charges. I mean, none of them frivolous. They earned every
[10:16.780 --> 10:20.460]  single one of them and actually earned even more than they got. It's just too
[10:20.460 --> 10:25.020]  hard to keep up with them. Like you said, they're so prolific with their
[10:25.020 --> 10:30.700]  errors, judicial error and prosecutorial error. It's too much for any one person to
[10:30.700 --> 10:36.340]  keep up with, so they get away with some of it. But there's also plenty for them
[10:36.340 --> 10:51.780]  to process. Okay, I think I'm back. I had a little information request issue. I went
[10:51.780 --> 10:58.300]  down to the district clerk and asked to see the attorneys on the list of
[10:58.300 --> 11:04.380]  attorneys on the attorney wheel. And I really needed the information, so I
[11:04.380 --> 11:12.420]  didn't want to have a fight. So I tried to ask for it informally. And she said,
[11:12.420 --> 11:19.540]  well, the judge said you'd have to give a written request. And I told her that if
[11:19.540 --> 11:28.140]  I give a written request, this becomes formal. All kinds of requirements and
[11:28.140 --> 11:33.980]  restrictions take place and I don't want to go there. I want you to just give them
[11:33.980 --> 11:38.260]  to me informally and we don't have any difficulties like that. Well, the judge
[11:38.260 --> 11:44.300]  wants a written request. Okay, I gave him one. And I got this letter from the
[11:44.300 --> 11:51.860]  county attorney. Now, I don't know why county attorney, but it may be that Greg
[11:51.860 --> 11:57.380]  Lowry, the district attorney, wouldn't touch it. He said the staff of the
[11:57.380 --> 12:03.860]  271st District Court received your request for public information on
[12:03.860 --> 12:07.820]  February 26. I believe the information requested. The information held by the
[12:07.820 --> 12:12.740]  judiciary and not covered by the Act. Versuant to the Public Information Act, I
[12:12.740 --> 12:16.380]  have requested that the office attorney general, Open Records Division, provide an
[12:16.380 --> 12:21.260]  opinion regarding the disclosure of your requested information. And in his letter
[12:21.260 --> 12:30.420]  to the attorney general, he goes on about how court records do not fall under the
[12:30.420 --> 12:35.380]  Open Records Act. And therefore, they should not have to release any of these
[12:35.380 --> 12:41.620]  records because they don't fall under the Act. If anybody who's listened to my
[12:41.620 --> 12:47.340]  show for a while heard me talk about Open Records requests, you might remember
[12:47.340 --> 12:54.540]  that I always tell you don't ever cite law to discuss. Don't tell them this is an
[12:54.540 --> 13:03.140]  open records or open government request under 552 government code. I went to
[13:03.140 --> 13:10.420]  great trouble to craft my request so that it was I made it clear in the
[13:10.420 --> 13:17.260]  request this is not being requested under any particular statute, law, practice, or
[13:17.260 --> 13:24.860]  procedure. I'm requesting these records under whatever law applies. Perhaps
[13:24.860 --> 13:33.780]  she didn't read that part. But so far as I'm concerned, I really don't care whose
[13:33.780 --> 13:43.700]  name is on the document. What I care about is the name of the guy I gave it
[13:43.700 --> 13:50.540]  to. So whatever these people do, they do in his name. Now this happens to be the
[13:50.540 --> 13:58.540]  county attorney. And it looks like this came from his assistant
[13:58.540 --> 14:01.980]  district attorney, assistant county attorney. So maybe his assistant
[14:01.980 --> 14:09.780]  didn't know who I was, who I am. But in either case, I don't know anything about
[14:09.780 --> 14:18.420]  these guys. I only know that the district judge filed a frivolous request with the
[14:18.420 --> 14:26.420]  Attorney General's office. And I put together this document. Here it is. My
[14:26.420 --> 14:36.740]  response. Yeah, there it is. I guess that's the wrong one open. I prepared a
[14:36.740 --> 14:44.140]  criminal affidavit. That's going to be my response. So you guys want to dance with
[14:44.140 --> 14:53.500]  me? Let's dance. Or as I am concerned, his act was a violation of the act. And I'm
[14:53.500 --> 14:59.180]  not saying anything to the county attorney who wrote this response. He'll just
[14:59.180 --> 15:03.940]  find out from the Attorney General that a criminal charge was the response. Now
[15:03.940 --> 15:10.220]  he'll find out from the district judge. I am sending it to the Attorney General
[15:10.220 --> 15:20.260]  because in matters of violations of 39.03 Texas penal code,
[15:20.260 --> 15:26.620]  efficient misconduct, efficient oppression. The Attorney General has
[15:26.620 --> 15:31.260]  concurrent jurisdiction with the prosecuting attorney. Now they'll tell
[15:31.260 --> 15:36.540]  you they don't. Because it's relatively recent that they were given concurrent
[15:36.540 --> 15:41.420]  jurisdiction. And they still act as if they can only come in when the
[15:41.420 --> 15:46.900]  prosecuting attorney invites them in. And that's the case for everything else.
[15:46.900 --> 15:52.940]  Are you trying to tell us that they don't stay current on all the law?
[15:52.940 --> 15:58.220]  Maybe. I wouldn't make that's a scoreless accusation and I would never make
[15:58.220 --> 16:04.740]  that directly. This is just hypothetical. It's not too hypothetical because he did
[16:04.740 --> 16:10.540]  that recently to someone else who had called me. But I've already addressed
[16:10.540 --> 16:21.420]  that in my complaint to the Attorney General. So what the district judge did
[16:21.420 --> 16:28.540]  was give me cannon fodder to use against the Attorney General. Because the
[16:28.540 --> 16:32.820]  likelihood of the Attorney General picking this up and doing with it what
[16:32.820 --> 16:41.100]  Article 2.03 commands him to do with it. Which is give it to the grand jury. He's
[16:41.100 --> 16:47.020]  not gonna do that. He's gonna send me a letter back saying that I'll have to take
[16:47.020 --> 17:03.180]  this to the cliff. We'll be right back.
[17:03.180 --> 17:09.020]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored
[17:09.020 --> 17:13.940]  by Central Texas Gun Works. Go to logosradionetwork.com and enter to win.
[17:13.940 --> 17:18.660]  Any amount is appreciated. Everything helps to keep us on the air. From Central
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[17:24.660 --> 17:29.740]  prizes and sponsors to be announced. Every $25 donation is a chance to win.
[17:29.740 --> 17:35.220]  When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
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[18:01.740 --> 18:06.220]  Network welcomes a new show to our lineup for the new year. Scripture Talk
[18:06.220 --> 18:11.860]  with Nana will begin Wednesday, January 8th from 8 to 10 p.m. central time. Our
[18:11.860 --> 18:17.140]  goal is in accord with Matthew 516. Let your light so shine before men that they
[18:17.140 --> 18:22.060]  may see your good works and glorify your Father which is in heaven. We wish to
[18:22.060 --> 18:26.940]  reflect God's light and be a blessing to all those with a hearing ear. Join Nana
[18:26.940 --> 18:31.300]  and guests for both verse by verse Bible studies and topical Bible studies
[18:31.300 --> 18:36.540]  designed to provoke unto love and good works. Our verse by verse Bible studies
[18:36.540 --> 18:41.220]  will begin in the book of Matthew where we will discuss one chapter per week. Our
[18:41.220 --> 18:45.940]  topical Bible studies will vary each week and will explore sound doctrine as
[18:45.940 --> 18:50.420]  well as Christian character development. So mark your calendar and join us live
[18:50.420 --> 18:56.980]  on logosradionetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an
[18:56.980 --> 19:03.980]  inspiring and motivating discussion of the scriptures.
[19:26.980 --> 19:33.980]  Okay, we are back. Randy Kelton, Brett Fountain.
[19:56.980 --> 20:05.940]  We will have our radio on this the 12th day of March 2020 and the county
[20:05.940 --> 20:11.660]  attorney's never wanted to take me on. The last time I talked to him about an
[20:11.660 --> 20:17.900]  issue is when the city chief of police refused to give one of my complaints to
[20:17.900 --> 20:23.740]  the grant to magistrate. He told me the prosecutor's attorney told him not to. So
[20:23.740 --> 20:29.500]  I told him, wait right here. Don't go anywhere. I'll be right back. Went straight
[20:29.500 --> 20:33.940]  to the county. Well, the time I got there, they'd already called him. He met me in the
[20:33.940 --> 20:37.980]  hall and said, Mr. Kelton, I know why you're here. And do you think I am out of
[20:37.980 --> 20:41.500]  my professional mind? Do you really believe I would waive my sovereign
[20:41.500 --> 20:48.300]  immunity by giving legal advice to the police? Well, James, I'm just following
[20:48.300 --> 20:58.060]  the thunder here. So he's already opened that door for me. When he did this letter
[20:58.060 --> 21:04.380]  for the judge, he wasn't doing that as a prosecuting attorney. That was an
[21:04.380 --> 21:12.860]  administrative act and that administrative act gives him no immunity. But
[21:12.860 --> 21:21.140]  I'm not going to go after him. I'm gonna go after the judge he did it for. And I
[21:21.140 --> 21:25.060]  suspect the judge is not going to be a happy camper when I start filing criminal
[21:25.060 --> 21:34.660]  complaints against him in Austin. Actually, what I'll do is by filing against
[21:34.660 --> 21:40.500]  the attorney general and move against the attorney general with the Travis County
[21:40.500 --> 21:46.900]  Grantry. I demonstrate to the judge that he's just kind of father. We get back to
[21:46.900 --> 21:53.060]  you when we're done climbing up the chain. See, you and I can go places the judge
[21:53.060 --> 22:01.900]  can't go. We can go after people the judge can't go after. That's what I'm
[22:01.900 --> 22:07.300]  going to demonstrate to him. It should get interesting because I'm sure they're
[22:07.300 --> 22:16.380]  going to get a response back saying that just because a record is held by
[22:16.380 --> 22:23.860]  the judiciary does not mean it is a judicial record. Right. That in this case
[22:23.860 --> 22:28.700]  these are not judicial records. They're administrative records because they have
[22:28.700 --> 22:35.740]  nothing to do with the adjudication of a case. And when that letter comes back
[22:35.740 --> 22:43.860]  and it is a letter opinion, I'm going to then that will establish that there was
[22:43.860 --> 22:50.500]  a pre-existing determination. And it will establish that the letter was an
[22:50.500 --> 22:57.140]  active delay for delays sake. You mean the asking for an opinion? Yes.
[22:57.140 --> 23:01.820]  Delaying the release of the record for the purpose of requesting an opinion.
[23:01.820 --> 23:09.540]  When an opinion already existed and if they get a letter opinion and stood of a
[23:09.540 --> 23:16.060]  new attorney general opinion, then that means the opinion already existed if they
[23:16.060 --> 23:23.380]  quote pre-existing opinions. And they're required to check to see if
[23:23.380 --> 23:26.740]  there's a pre-existing determination before they delay the release of the
[23:26.740 --> 23:35.340]  records for that purpose. So guys, we'll see how this works out for you.
[23:35.340 --> 23:45.380]  Last my story and I'm sticking to it. We do have some callers on board and then
[23:45.380 --> 23:50.780]  hasn't been a while since we've talked to Tina. Tina, what do you have for us
[23:50.780 --> 23:58.940]  today? Oh, a couple of small things. One, I just
[23:58.940 --> 24:05.500]  today got the letter back from the judge in the Declaratory Judgment case.
[24:05.500 --> 24:11.140]  Actually it came from the other side who are thrilled to send them to me because
[24:11.140 --> 24:18.740]  it said that, you know, my time is dismissed with prejudice. So is my next
[24:18.740 --> 24:24.380]  step an appeal or is it a request for a reconsideration first?
[24:24.380 --> 24:29.740]  Wait a minute. Is this an appellate court or is it the trial court?
[24:29.740 --> 24:37.540]  This was the trial court that sent me. Definitely. You asked for a did they
[24:37.540 --> 24:50.980]  give you a judgment along with the order? A judgment is a brief in support.
[24:50.980 --> 24:58.140]  No, I don't believe they... Okay. Then ask for findings, effect, and conclusions at
[24:58.140 --> 25:07.860]  law. Then that should stop and stop the appellate process in its tracks until
[25:07.860 --> 25:12.100]  the judge refuses to give you findings of fact. And when the judge does, then you
[25:12.100 --> 25:17.620]  file criminally against the judge for failing to properly determine the facts
[25:17.620 --> 25:23.380]  in accordance with the rules of evidence, then failing to apply the... properly
[25:23.380 --> 25:31.900]  apply the law to the facts. Okay. I will find the letter because they just, it's
[25:31.900 --> 25:35.100]  buried here because I've been doing it and I'll make sure of that. Just findings
[25:35.100 --> 25:40.740]  effects first and if it's not that I'll send you an email about it to find out.
[25:40.740 --> 25:47.540]  And it's funny, I was, you weren't on the call the other week but I did tell you
[25:47.540 --> 25:56.060]  Brett, I sent a letter to the Judiciary Committee complimenting the judge on her
[25:56.060 --> 26:00.020]  demeanor and her adherence to one of the judicial
[26:00.020 --> 26:06.540]  candidates of ethics because, and I did get the letter back from them saying,
[26:06.540 --> 26:12.180]  we thank you for your corresponding about this judge. So they have, they have
[26:12.180 --> 26:17.660]  received it. So she will find out that I complimented her but I did say, although
[26:17.660 --> 26:27.660]  I disagree entirely with her ruling and intend to appeal, I must compliment her on
[26:27.660 --> 26:33.060]  her demeanor and her adherence to this rule. And I cited the one judicial
[26:33.060 --> 26:38.140]  canon because I don't think she did all of them but she was very courteous. She
[26:38.140 --> 26:43.020]  treated me with great respect and not just me but everyone in the courtroom
[26:43.020 --> 26:47.660]  but I was, you know, not always the first one so I listened. And I thought one
[26:47.660 --> 26:53.140]  that deserves a compliment and I was saying why because then when I find out
[26:53.140 --> 26:57.140]  it's the judge, they can't say, oh it's just she's upset with you.
[26:57.140 --> 27:03.740]  Hold on, I think I have a problem in my background. Yeah, I think you do.
[27:03.740 --> 27:09.980]  Okay, good. Do you have some waivers in your bad bedroom? Yeah, I have some 18
[27:09.980 --> 27:14.460]  waivers that I can't block out so I'll turn my mic down until they're gone.
[27:14.460 --> 27:20.100]  So anyway, Randy, I did that just because I didn't want them to think I only
[27:20.100 --> 27:24.460]  complain about judges that give me a bad ruling. She gave me a bad ruling and I
[27:24.460 --> 27:31.180]  paid a compliment and it was a deserved compliment. So next time I file a really
[27:31.180 --> 27:39.460]  bad complaint, they can't say it's just in retaliation. Yeah, that is a great
[27:39.460 --> 27:47.100]  ploy. After you've talked nice about her, then you come, now you ask for findings
[27:47.100 --> 27:53.220]  of fact. Then you look, you give the impression of more reason, being a more
[27:53.220 --> 28:00.180]  reasonable person, it'll be hard for the other side to demonize you.
[28:00.180 --> 28:09.060]  Correct. Yeah, there was a message to my madness there. So that happened and
[28:09.060 --> 28:14.860]  then I did because, you know, they'd already ruled against me. I thought I'm
[28:14.860 --> 28:21.260]  going to ask those notaries for their, because they're both not working for the
[28:21.260 --> 28:26.660]  bank anymore. Why would you still a notary working for someone else? So I thought, well,
[28:26.660 --> 28:30.340]  let me go and ask them. One has not responded, that is the one that is in
[28:30.340 --> 28:37.900]  Tennessee. The other one responded and said she received my notice. Now this is
[28:37.900 --> 28:43.580]  the one that got the educational recommend from the notary commission in
[28:43.580 --> 28:49.300]  Texas because they said she failed to properly fulfill her duty. They never
[28:49.300 --> 28:56.140]  made her send it to me. And she said my notary log from 2014 was offloaded and
[28:56.140 --> 29:02.860]  retained in a share drive of Sitbank, my previous employer. It's supposed to be
[29:02.860 --> 29:08.060]  hers, not the employers according to what. And I know you've read this because
[29:08.060 --> 29:13.140]  I sent it to you for Texas law. It doesn't belong to the employer, it belongs to
[29:13.140 --> 29:18.420]  the notary. And if they resign their commission, they're supposed to send it
[29:18.420 --> 29:22.540]  to the nearest recorder's office. And that they're supposed to keep it for a
[29:22.540 --> 29:26.620]  certain amount of time, which is about three years or so. But she never sent it
[29:26.620 --> 29:31.220]  to me that when I first requested it. However, I have attempted to reach out to
[29:31.220 --> 29:36.940]  multiple contacts from Sitbank located in the California region and formally put
[29:36.940 --> 29:42.020]  in a request to my notary from 2014 to be sent to my residence. I spoke to
[29:42.020 --> 29:48.020]  multiple employees of Sitbank who indeed were located. Hold on, we're about to go
[29:48.020 --> 30:03.500]  to sponsors who write back. Businesses ask you for a lot of personal information
[30:03.500 --> 30:07.660]  and you may trust them to keep it safe. But it turns out that even the most
[30:07.660 --> 30:11.980]  trusted companies may be unwittingly revealing your secrets. I'm Dr.
[30:11.980 --> 30:16.940]  Catherine Albrecht and I'll be right back with details. Privacy is under attack.
[30:16.940 --> 30:21.340]  When you give up data about yourself, you'll never get it back again. And once
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[30:25.940 --> 30:30.140]  protect your rights. Say no to surveillance and keep your information to
[30:30.140 --> 30:35.020]  yourself. Privacy, it's worth hanging on to. This public service announcement is
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[30:44.020 --> 30:49.300]  Data privacy is a big deal. So nearly every company has a policy explaining
[30:49.300 --> 30:53.260]  how they handle your personal information. But what happens if it escapes their
[30:53.260 --> 30:58.380]  control? It's not an idle question. According to a recent survey, a shocking 90%
[30:58.380 --> 31:03.420]  of US companies admit their security was breached by hackers in the last year.
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[31:12.540 --> 31:16.380]  hacked, but even if they were, there would be nothing for criminals to see. The
[31:16.380 --> 31:20.540]  cupboard would be bare. Too bad other companies don't treat your data the same
[31:20.540 --> 31:24.460]  way. Come back to Catherine Albrecht. More news and information at
[31:24.460 --> 31:27.860]  CatherineAlbrecht.com.
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[33:30.740 --> 33:50.020]  Okay, we are back. Randy Carlson, Brett Fountain, Rule of Law Radio, and we're
[33:50.020 --> 33:54.340]  talking to Tina in California. Okay, go ahead, Tina.
[33:54.340 --> 34:02.340]  Okay, so she said these sit-back employees indeed engaged in keeping such records.
[34:02.340 --> 34:07.340]  Yes, right. Wait a minute, Tina. I'm having terrible time trying to understand you.
[34:07.340 --> 34:13.540]  Your sound is really muffled. Can you try moving the mic away from your mouth a
[34:13.540 --> 34:21.340]  little, like put it down by your chin or something? Okay, let me try this. Okay, is
[34:21.340 --> 34:31.340]  this a little better? Much better. Okay. Well, what I was reading here, she claims
[34:31.340 --> 34:38.340]  that these bank employees actually engaged in locating such records. Unfortunately,
[34:38.340 --> 34:43.340]  after an extensive search, we have not been successful in locating the notary
[34:43.340 --> 34:49.340]  record. I wonder why. In response, undertake... Wait a minute, let me
[34:49.340 --> 34:55.340]  understand who this is, the searching. Is this the Secretary of State, or is this
[34:55.340 --> 35:04.340]  the notary? The bank. This is the bank was searching who she was employed by, and
[35:04.340 --> 35:10.340]  his attorney refused to give me them when I first requested them into interstate.
[35:10.340 --> 35:16.340]  Have you been able to contact the notary? Yes, this is the letter from the notary.
[35:16.340 --> 35:24.340]  She said she reached out to the bank that her records were uploaded to the bank's
[35:24.340 --> 35:34.340]  share file, and that... So the bank has them. She reached out to the bank who is
[35:34.340 --> 35:41.340]  a former employer of hers, and they said they engaged in a search for them, but
[35:41.340 --> 35:48.340]  they can't find them. Well, I wonder why. And then she says that under the record
[35:48.340 --> 35:52.340]  retention, a Texas notary is required to keep it as safe and secure. Manacoff is
[35:52.340 --> 35:58.340]  of the record performed for the longer of the term of the commission, or three
[35:58.340 --> 36:03.340]  years following the date of notarization. Well, of course, it was only two years
[36:03.340 --> 36:08.340]  from the date of notarization when I first requested it, and now it's four years
[36:08.340 --> 36:13.340]  because they refused to give it to me. So now she's saying she is no longer
[36:13.340 --> 36:19.340]  responsible for keeping those records. And the records do not belong to the
[36:19.340 --> 36:27.340]  employer according to the Texas law that I found. And she said... And she says,
[36:27.340 --> 36:32.340]  thus no validation is evident in this instance. I have confirmed in writing
[36:32.340 --> 36:36.340]  with the notary public unit of Texas Secretary of State that my...
[36:36.340 --> 36:41.340]  Wait, wait, wait. You've got the mic back up again. It's just getting muddled.
[36:41.340 --> 36:47.340]  I see it, and it's clear, and I'm using the telepathy unit. I try to put it on
[36:47.340 --> 36:52.340]  speakerphone so I can read and keep the mic away from my... Is that better?
[36:52.340 --> 36:53.340]  That's better.
[36:53.340 --> 36:59.340]  Yes, okay. So she's saying that the Secretary of State said her obligation
[36:59.340 --> 37:04.340]  to obtain and punish the notary record has indeed expired under the statute
[37:04.340 --> 37:09.340]  of limitations. Well, yes, but it hadn't expired when I first requested it
[37:09.340 --> 37:11.340]  and she refused to send it.
[37:11.340 --> 37:15.340]  Okay, what state is she in? She's in California?
[37:15.340 --> 37:17.340]  No, she's in Texas.
[37:17.340 --> 37:23.340]  Oh, then finally complaint with the Secretary of State in Texas.
[37:23.340 --> 37:28.340]  And I don't think two years is correct. I think four years is what they're
[37:28.340 --> 37:31.340]  required. Four or five years.
[37:31.340 --> 37:35.340]  Well, I will do a little research, but I already filed with the Secretary of
[37:35.340 --> 37:40.340]  State. I went even higher than that, and they all say, well, it's a private bank.
[37:40.340 --> 37:46.340]  So, you know, it's not a big deal. Well, no, it's the employer who doesn't own
[37:46.340 --> 37:50.340]  the record. And she refused in the first place.
[37:50.340 --> 37:53.340]  So we have to figure out where... What to do with this.
[37:53.340 --> 37:59.340]  But I thought you would be interested to know that how can they say, well,
[37:59.340 --> 38:04.340]  her obligation has expired under the time, but when I first requested it,
[38:04.340 --> 38:10.340]  her obligation had not expired and she refused and waited now till her obligation
[38:10.340 --> 38:11.340]  has expired.
[38:11.340 --> 38:16.340]  Okay, this is Texas. This is my stomping round.
[38:16.340 --> 38:23.340]  File criminal charges against her with the Travis County Grand Jury or send it
[38:23.340 --> 38:27.340]  to the Travis County District Attorney and direct him to give it to the Grand
[38:27.340 --> 38:29.340]  Jury.
[38:29.340 --> 38:31.340]  Travis County District Attorney.
[38:31.340 --> 38:37.340]  Now, would I also file criminal charges against the bank's employees,
[38:37.340 --> 38:41.340]  the bank who's situated there?
[38:41.340 --> 38:47.340]  Wait a minute. How do you know that the bank has anything to do with this?
[38:47.340 --> 38:52.340]  Because she said in this letter that she uploaded her node
[38:52.340 --> 38:57.340]  charges to the share... to a sick bank's share file.
[38:57.340 --> 39:04.340]  That's blah, blah, blah. That may be the case. That may be not be the case.
[39:04.340 --> 39:11.340]  All you really know is she is the notary. She is the one with responsibility.
[39:11.340 --> 39:15.340]  If she wants to bring that kind of argument, let her bring it to a Grand
[39:15.340 --> 39:22.340]  Jury, maybe a Grand Jury, or buy that story. But you don't want to make an accusation
[39:22.340 --> 39:26.340]  against the bank when you don't really know if the bank has anything to do with
[39:26.340 --> 39:29.340]  this.
[39:29.340 --> 39:31.340]  Even if her letter...
[39:31.340 --> 39:36.340]  Her letter doesn't mean squat. I could write a letter saying anything I want
[39:36.340 --> 39:44.340]  to and it would be irresponsible for someone else to take my letter based on what
[39:44.340 --> 39:47.340]  I said in a letter and make a criminal accusation.
[39:47.340 --> 39:54.340]  So you make the accusation against her, stick it to her, let her make that accusation
[39:54.340 --> 40:01.340]  to the Grand Jury or the prosecuting attorney in affidavit form.
[40:01.340 --> 40:04.340]  Now you've got something to work with.
[40:04.340 --> 40:06.340]  Okay.
[40:06.340 --> 40:12.340]  But that letter's not in affidavit so it doesn't hold any water.
[40:12.340 --> 40:16.340]  Okay. I hadn't thought of that. So that's good.
[40:16.340 --> 40:18.340]  No.
[40:18.340 --> 40:21.340]  Keith, don't let her step off the dime.
[40:21.340 --> 40:26.340]  No, I won't. I will start on that after I've written my...
[40:26.340 --> 40:30.340]  Oh, one other thing.
[40:30.340 --> 40:34.340]  Send her a tort letter.
[40:34.340 --> 40:39.340]  Claim loss in the full amount of the value of the property.
[40:39.340 --> 40:43.340]  A tort letter. Okay. I'll have to look up how to write a tort letter.
[40:43.340 --> 40:50.340]  All those tort letters is you acted improperly and as a result of your acting properly,
[40:50.340 --> 40:59.340]  your improper act was a contributory factor to my losing my property in the amount of
[40:59.340 --> 41:02.340]  make me whole or be sued.
[41:02.340 --> 41:06.340]  That'll give her apoplexy.
[41:06.340 --> 41:12.340]  Now she's going to go back to the bank and have issues with the bank.
[41:12.340 --> 41:15.340]  But that's her issue, not your issue.
[41:15.340 --> 41:21.340]  Your issue is she didn't follow a law and cost you your house.
[41:21.340 --> 41:24.340]  Yeah. Yeah.
[41:24.340 --> 41:29.340]  Let's get them fighting with each other.
[41:29.340 --> 41:31.340]  I like that. That will be good.
[41:31.340 --> 41:36.340]  Now I have an interesting thing that happened to James here.
[41:36.340 --> 41:45.340]  Have you ever heard of a judge suggesting that a bar complaint is in order to...
[41:45.340 --> 41:51.340]  What happened was James' former attorney, the one who pulled out, said,
[41:51.340 --> 41:56.340]  called the other side's attorney a liar in front of the judge and he said,
[41:56.340 --> 42:01.340]  there's been a strong word. So she redacted the words and said, well,
[42:01.340 --> 42:05.340]  he's being less than candid to the court or whatever the proper wording was.
[42:05.340 --> 42:09.340]  And he said, apparently, said, no, I've got to read what he thought.
[42:09.340 --> 42:14.340]  Well, that seems to suggest a bar complaint.
[42:14.340 --> 42:17.340]  Yes. And I've heard judges do that before.
[42:17.340 --> 42:23.340]  And they are essentially required to do that under their professional rules of professional conduct.
[42:23.340 --> 42:30.340]  There are a lot of bar grievance stating that you filed this because of a suggestion by the judge.
[42:30.340 --> 42:34.340]  They might actually pay attention to that one.
[42:34.340 --> 42:40.340]  Okay. Now James' former attorney said she's not going to file any complaint against another attorney.
[42:40.340 --> 42:41.340]  And I said...
[42:41.340 --> 42:44.340]  No, no. Her attorney doesn't file it. James files it.
[42:44.340 --> 42:47.340]  Yeah. James is going to file it. I'm going to write it for them.
[42:47.340 --> 42:56.340]  And then this very same attorney, they forced James into a telephone call for the pretrial conference
[42:56.340 --> 42:58.340]  and gave him all these...
[42:58.340 --> 43:00.340]  You must do this by this.
[43:00.340 --> 43:03.340]  And I said, no, no, they're not going to bully you. Let me write them an email.
[43:03.340 --> 43:09.340]  And I gave them a conference call number, which I gave to James and said he will have...
[43:09.340 --> 43:13.340]  We wanted a witness on the call and they refused to have a witness.
[43:13.340 --> 43:17.340]  And I said, okay, you're going to have a note taker under the Americans with Disabilities Act
[43:17.340 --> 43:20.340]  because you're suffering extreme stress and nerve.
[43:20.340 --> 43:22.340]  So we wrote them an email.
[43:22.340 --> 43:26.340]  And he said, well, and here's the conference call number that you're going to use.
[43:26.340 --> 43:30.340]  And I said, no, actually, we gave us first.
[43:30.340 --> 43:33.340]  I don't think you should have a problem with calling into this.
[43:33.340 --> 43:37.340]  Well, okay. Is this going to respond to us?
[43:37.340 --> 43:41.340]  I have a suggestion. Just record them and don't tell them.
[43:41.340 --> 43:43.340]  Oh, good.
[43:43.340 --> 43:45.340]  Good.
[43:45.340 --> 43:48.340]  Wonderful. Okay, hang on.
[43:48.340 --> 43:50.340]  That's the good of our sponsors.
[43:50.340 --> 43:53.340]  Randy Kelton, Brett Fountain, Rool of Raw Radio.
[43:53.340 --> 43:57.340]  Our call in number 512-646-1984.
[43:57.340 --> 44:21.340]  We'll be right back.
[44:21.340 --> 44:31.340]  Well, I'm glad you asked.
[44:52.340 --> 44:56.340]  Thank you so much.
[44:56.340 --> 44:58.340]  We are Logos.
[44:58.340 --> 45:27.340]  Happy Holidays, Logos.
[45:28.340 --> 45:34.340]  This sectionary was created by a licensed attorney with 22 years of case-winning experience.
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[45:39.340 --> 45:43.340]  about the principles and practices that control our American courts.
[45:43.340 --> 45:50.340]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:50.340 --> 45:59.340]  practice, and much more. Please visit RoolofLawRadio.com and click on the banner.
[45:59.340 --> 46:28.340]  RoolofLaw Easy.
[46:29.340 --> 46:39.340]  Okay, we are back.
[46:39.340 --> 46:41.340]  This is the Rool of Law Radio.
[46:41.340 --> 46:47.340]  Randy Kelton, I'm Brett Fountain, and we're talking with Tia in California.
[46:47.340 --> 46:50.340]  All right, Tina, continue.
[46:50.340 --> 46:59.340]  I'm the judge, so I'm going to have him do it, but then they tried to force James into a call on his own,
[46:59.340 --> 47:02.340]  but they were having three attorneys and a note taker on.
[47:02.340 --> 47:04.340]  And I said, no, no, we're not going to have that.
[47:04.340 --> 47:08.340]  You're going to insist on having a note taker, which they finally agreed to.
[47:08.340 --> 47:13.340]  But they said, no witnesses, no other party, just a note taker.
[47:13.340 --> 47:17.340]  So we had a paralegal be the note taker, but they didn't know that.
[47:17.340 --> 47:22.340]  And he's a pretty strong guy. And when they started attacking James, he said,
[47:22.340 --> 47:25.340]  no, I don't think you can speak to Mr. Beekman like that.
[47:25.340 --> 47:27.340]  You're not supposed to say anything. You're just a note taker.
[47:27.340 --> 47:30.340]  He said, well, I'm trying to take notes, but you won't answer his question.
[47:30.340 --> 47:33.340]  So how can I take notes?
[47:33.340 --> 47:40.340]  And I'd coach James for two hours on how to be calm and how to breathe and how to say,
[47:40.340 --> 47:42.340]  let me think about that for a moment.
[47:42.340 --> 47:47.340]  And he didn't tell him he didn't have to rush in and answer them right away and to say, well,
[47:47.340 --> 47:51.340]  you know, I think we may have to disagree on these points because you think one way
[47:51.340 --> 47:53.340]  and I believe another.
[47:53.340 --> 47:55.340]  And he said he did really, really good.
[47:55.340 --> 47:58.340]  And I've got to listen to the call.
[47:58.340 --> 48:01.340]  But then they started going, getting really angry.
[48:01.340 --> 48:03.340]  And then they said, well, we're ending this call.
[48:03.340 --> 48:06.340]  And you better get some documents by 9 a.m. tomorrow.
[48:06.340 --> 48:11.340]  So I sent them an email via James saying, I think you are very hostile today.
[48:11.340 --> 48:18.340]  And I just want to remind you that conduct is unbecoming for a new attorney and that
[48:18.340 --> 48:25.340]  it's unreasonable to expect me as opposed to saying let it end to a cave to your bullying
[48:25.340 --> 48:27.340]  and demands tomorrow.
[48:27.340 --> 48:30.340]  But I will get your documents to you by 5 p.m. on Friday.
[48:30.340 --> 48:33.340]  And I said, you need this on the record.
[48:33.340 --> 48:38.340]  Now they file to have the hearing with just James in front of a judge.
[48:38.340 --> 48:42.340]  And I said, well, we're going to make sure you have a witness there, too.
[48:42.340 --> 48:47.340]  So that, you know, you can be coached because I don't think they should be allowed to bully him
[48:47.340 --> 48:51.340]  into being there alone without any counsel at all.
[48:51.340 --> 48:54.340]  Is that correct?
[48:54.340 --> 48:56.340]  That is correct.
[48:56.340 --> 49:03.340]  They can hold a hearing, but they can't hold a private hearing.
[49:03.340 --> 49:10.340]  Okay, you're saying where they're going to meet before a judge.
[49:10.340 --> 49:15.340]  Only the judge can make a determination of who doesn't come in the room.
[49:15.340 --> 49:24.340]  If the judge doesn't allow a witness, he can notify the judge that you don't trust the court reporter
[49:24.340 --> 49:34.340]  because it's been your experience that court reporters tend to sometimes have selective memory loss.
[49:34.340 --> 49:43.340]  So if we're going to have no one here to witness, then I want a recording.
[49:43.340 --> 49:52.340]  But he needs someone there to help him know what to say to the judge and how to respond.
[49:52.340 --> 49:56.340]  Then do this in a filing beforehand.
[49:56.340 --> 49:58.340]  A filing beforehand.
[49:58.340 --> 49:59.340]  Okay.
[49:59.340 --> 50:04.340]  And I told James, I said, well, we're going to do a second bar grievance against this attorney for being so hostile.
[50:04.340 --> 50:09.340]  I said, I'll find something in the professional rules of conduct that we'll be able to bar grievance from.
[50:09.340 --> 50:12.340]  Yeah, that's definitely in there.
[50:12.340 --> 50:13.340]  Yeah.
[50:13.340 --> 50:15.340]  Okay, well, that's all from me for now.
[50:15.340 --> 50:21.340]  I'm going to let you go to the others and I'll just listen in and thank you for your stage advice as always.
[50:21.340 --> 50:24.340]  Both you and Brett.
[50:24.340 --> 50:27.340]  Thank you, Dana. Appreciate your call.
[50:27.340 --> 50:29.340]  Okay.
[50:29.340 --> 50:31.340]  All right.
[50:31.340 --> 50:33.340]  Do you have the board of Brett?
[50:33.340 --> 50:35.340]  No, I don't.
[50:35.340 --> 50:36.340]  Okay.
[50:36.340 --> 50:43.340]  We're going to go to Bonnie in Georgia, I think.
[50:43.340 --> 50:44.340]  Hey, Mr. Kilt.
[50:44.340 --> 50:46.340]  This is Scott.
[50:46.340 --> 50:51.340]  I thought if you were Bonnie, you had an awful growly voice.
[50:51.340 --> 50:56.340]  Yeah, I think the phone was underneath Bonnie.
[50:56.340 --> 50:59.340]  So it probably comes up.
[50:59.340 --> 51:06.340]  Yeah, we're just saying that because this is, you may not be screened into our computer.
[51:06.340 --> 51:13.340]  And sometimes when someone's not screened in, we kind of get a random name up there.
[51:13.340 --> 51:16.340]  Oh, yeah, right on.
[51:16.340 --> 51:17.340]  Okay.
[51:17.340 --> 51:18.340]  Okay.
[51:18.340 --> 51:19.340]  Who is this again?
[51:19.340 --> 51:21.340]  But my name's Scott.
[51:21.340 --> 51:23.340]  Scott.
[51:23.340 --> 51:25.340]  Are you in Georgia?
[51:25.340 --> 51:26.340]  Yes, sir.
[51:26.340 --> 51:27.340]  Okay.
[51:27.340 --> 51:28.340]  We just did the 47.0.
[51:28.340 --> 51:30.340]  That's why we want to make sure.
[51:30.340 --> 51:31.340]  Okay.
[51:31.340 --> 51:34.340]  So now we know what the jurisdiction is.
[51:34.340 --> 51:36.340]  You know the Got Hill Bibby stuff.
[51:36.340 --> 51:40.340]  Marion County, Tennessee.
[51:40.340 --> 51:42.340]  Wait, say what?
[51:42.340 --> 51:50.340]  The case that I got going on is the jurisdiction was actually in Marion County, Tennessee.
[51:50.340 --> 51:51.340]  Okay.
[51:51.340 --> 51:53.340]  Have you talked to, okay.
[51:53.340 --> 52:00.340]  Send me an email and ask for a reference to Danny Murphy.
[52:00.340 --> 52:01.340]  Danny Murphy.
[52:01.340 --> 52:02.340]  Okay.
[52:02.340 --> 52:09.340]  He is in Jackson, Tennessee, and he is taking on the exact same issues.
[52:09.340 --> 52:11.340]  Which issues?
[52:11.340 --> 52:16.340]  The issue of driving without a license.
[52:16.340 --> 52:17.340]  Okay.
[52:17.340 --> 52:18.340]  Yeah.
[52:18.340 --> 52:19.340]  Yeah.
[52:19.340 --> 52:23.340]  I haven't able to get any information to you.
[52:23.340 --> 52:29.340]  I'm trying to figure out the sending through the email over the computer.
[52:29.340 --> 52:33.340]  I got a whole timeline of what happens.
[52:33.340 --> 52:34.340]  Good.
[52:34.340 --> 52:35.340]  Good.
[52:35.340 --> 52:40.340]  If you're having trouble with the email, just go out into the street and flag down
[52:40.340 --> 52:48.340]  the first 10-year-old, you see, and have them explain to you this is the 21st century.
[52:48.340 --> 52:49.340]  Thank you.
[52:49.340 --> 52:52.340]  They know how to do all this stuff.
[52:52.340 --> 52:53.340]  Yeah.
[52:53.340 --> 52:54.340]  Yeah.
[52:54.340 --> 52:55.340]  I'm looking into it.
[52:55.340 --> 53:02.340]  I think I might be able to send you a copy of the first police incident report.
[53:02.340 --> 53:10.340]  And then there was a second police incident report coming up eight days later that's way
[53:10.340 --> 53:13.340]  off from what the first one is.
[53:13.340 --> 53:18.340]  Were they substantially different?
[53:18.340 --> 53:21.340]  You can pretty much say that.
[53:21.340 --> 53:22.340]  Yes, sir.
[53:22.340 --> 53:31.340]  What I'm going to is, are the differences just facial or are they difference of substance?
[53:31.340 --> 53:41.340]  Well, they say basically two different things.
[53:41.340 --> 53:43.340]  That is substance.
[53:43.340 --> 53:48.340]  If it goes to the adjudication of the case, then it's substance.
[53:48.340 --> 53:57.340]  But if one said you had a red hat on, the other said you had a blue hat on, that's not substance.
[53:57.340 --> 54:03.340]  Yeah, one report claimed that I was weaving and swerving.
[54:03.340 --> 54:09.340]  I don't know how you can weave and swerve or drift and weave at the same time.
[54:09.340 --> 54:14.340]  It's drifting and weaving and then varying in speed.
[54:14.340 --> 54:17.340]  I don't see how that can happen.
[54:17.340 --> 54:19.340]  There wasn't a video evidence either.
[54:19.340 --> 54:22.340]  They wouldn't hand that over.
[54:22.340 --> 54:24.340]  They lost it.
[54:24.340 --> 54:30.340]  The first thing that's important, never said anything about weaving and drifting.
[54:30.340 --> 54:32.340]  Okay, that's substance.
[54:32.340 --> 54:35.340]  That's the difference of substance.
[54:35.340 --> 54:42.340]  So you can move to strike the second one and file aggravated perjury against the second one.
[54:42.340 --> 54:44.340]  See, that's what I'm talking about.
[54:44.340 --> 54:45.340]  It's all perjury.
[54:45.340 --> 54:47.340]  It's too kind.
[54:47.340 --> 54:49.340]  This is in Tennessee.
[54:49.340 --> 55:05.340]  In Tennessee, there's a special statute that says you cannot file criminal charges against a public official with a magistrate.
[55:05.340 --> 55:09.340]  You must file it with the grand jury.
[55:09.340 --> 55:11.340]  The grand jury, yeah.
[55:11.340 --> 55:14.340]  Holy mackerel.
[55:14.340 --> 55:27.340]  So, see, they drew a sworn, and I supposedly, allegedly, sworn indictment with several counts.
[55:27.340 --> 55:35.340]  In this case, with two different police reports and an indictment supposedly with a sworn seated grand jury,
[55:35.340 --> 55:40.340]  no evidence matches and in this case gets dismissed.
[55:40.340 --> 55:45.340]  Here is the thing about perjury.
[55:45.340 --> 55:55.340]  If someone makes two separate statements that are necessarily contradictory,
[55:55.340 --> 55:59.340]  it doesn't matter which one is perjurious.
[55:59.340 --> 56:02.340]  Just that one of them had to be.
[56:02.340 --> 56:08.340]  But then what you said doesn't actually go to that.
[56:08.340 --> 56:10.340]  You can claim it does.
[56:10.340 --> 56:12.340]  What did they charge you with?
[56:12.340 --> 56:14.340]  Were they going after DUI?
[56:14.340 --> 56:17.340]  Yeah, see, that's another thing.
[56:17.340 --> 56:21.340]  They had a DUI thing and an indictment.
[56:21.340 --> 56:28.340]  And one of the police reports said there was no smell of any alcohol.
[56:28.340 --> 56:37.340]  And in the evidence that they found in the automobile was there was no evidence of any alcohol anywhere.
[56:37.340 --> 56:43.340]  It was a made up, I was forced through a sobriety test when forced out of the car.
[56:43.340 --> 56:48.340]  And I was pretty much forced through all of this.
[56:48.340 --> 56:52.340]  And then they brought up charges and an indictment.
[56:52.340 --> 56:57.340]  That should definitely get filed with a grand jury's aggravated perjury.
[56:57.340 --> 57:01.340]  See, that's what I'm talking about.
[57:01.340 --> 57:08.340]  When you file with the grand jury, what the statute says is you file it with the...
[57:08.340 --> 57:16.340]  You make your complaint to the foreman and to grand jury members of your choosing.
[57:16.340 --> 57:25.340]  We have a caller who has a neighbor that he has a 20-year ongoing feud with.
[57:25.340 --> 57:29.340]  The neighbor got elected as constable.
[57:29.340 --> 57:37.340]  After the election, before he was sworn in, he pulled this guy over in the capacity of constable.
[57:37.340 --> 57:45.340]  The guy filed with the grand jury against him for that, and the grand jury indicted him.
[57:45.340 --> 57:50.340]  He had to stand down from his election.
[57:50.340 --> 57:56.340]  Because even though they indicted him for impersonating a public official,
[57:56.340 --> 58:03.340]  but the way the law says, the crimes that would be quawaranto...
[58:03.340 --> 58:07.340]  Quawaranto means a crime that would remove you from office.
[58:07.340 --> 58:11.340]  They must have occurred after you were elected.
[58:11.340 --> 58:14.340]  So he's after elected, he's elected before he was seen.
[58:14.340 --> 58:16.340]  So they got him.
[58:16.340 --> 58:20.340]  So the grand jury's really do work in this case.
[58:20.340 --> 58:23.340]  Hang on, about to go to our sponsors.
[58:23.340 --> 58:27.340]  This is Randy Kelton, Brett Felton with Radio.
[58:27.340 --> 58:30.340]  This is our copy of the hour break, so it's a three-minute break.
[58:30.340 --> 58:36.340]  So you've got time to go to Logos Radio Network and check out all of our sponsors there.
[58:36.340 --> 58:46.340]  We have Eddie's Traffic Seminar and the Jurisdictionary and my e-book that will help support this network.
[58:46.340 --> 58:49.340]  We'll be right back.
[58:49.340 --> 58:53.340]  The Bible remains the most popular book in the world,
[58:53.340 --> 58:57.340]  yet countless readers are frustrated because they struggle to understand it.
[58:57.340 --> 59:01.340]  Some new translations try to help by simplifying the text,
[59:01.340 --> 59:06.340]  but in the process can compromise the profound meaning of the Scripture.
[59:06.340 --> 59:08.340]  Enter the recovery version.
[59:08.340 --> 59:12.340]  First, this new translation is extremely faithful and accurate,
[59:12.340 --> 59:17.340]  but the real story is the more than 9,000 explanatory footnotes.
[59:17.340 --> 59:22.340]  Difficult and profound passages are opened up in a marvelous way,
[59:22.340 --> 59:27.340]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:27.340 --> 59:32.340]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:32.340 --> 59:43.340]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:43.340 --> 59:48.340]  or by ordering online at freestudybible.com.
[59:48.340 --> 01:00:17.340]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:18.340 --> 01:00:23.340]  Logos crewed $55.63 a barrel, Brent crewed $62.47 a barrel,
[01:00:23.340 --> 01:00:29.340]  and crypto is in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.340 --> 01:00:37.340]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31,
[01:00:37.340 --> 01:00:46.340]  and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.340 --> 01:00:51.340]  History, the year 1916, the Preparedness Day Bombing, a time suitcase bomb,
[01:00:51.340 --> 01:00:57.340]  was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:57.340 --> 01:01:04.340]  killing 10 and injuring 40 to date in history.
[01:01:04.340 --> 01:01:08.340]  And recent news, since Governor Greg Abbott signed House Bill 1325,
[01:01:08.340 --> 01:01:12.340]  legalizing hemp into taxes law back in June, county prosecutors around the state,
[01:01:12.340 --> 01:01:16.340]  including Houston, Austin, and San Antonio, have been dropping marijuana possession charges
[01:01:16.340 --> 01:01:20.340]  and even refusing to file new ones, since they are stipulating that they do not have the time
[01:01:20.340 --> 01:01:24.340]  or the laboratory equipment to test the herb for THC.
[01:01:24.340 --> 01:01:28.340]  Margaret Moore, the Travis County District Attorney, announced earlier this month
[01:01:28.340 --> 01:01:33.340]  that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.340 --> 01:01:36.340]  Mr. Abbott and other state officials, including the Attorney General,
[01:01:36.340 --> 01:01:39.340]  stipulated in a letter that county district attorneys back on Thursday
[01:01:39.340 --> 01:01:42.340]  that marijuana has not been decriminalized in Texas
[01:01:42.340 --> 01:01:47.340]  and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:01:47.340 --> 01:01:51.340]  as well as other cities, too, like the District Attorney in El Paso,
[01:01:51.340 --> 01:01:56.340]  Kyma Esparza, a Democrat who also stated earlier this month that the law,
[01:01:56.340 --> 01:02:01.340]  quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.340 --> 01:02:04.340]  However, the issue was succinctly summarized by Mr. Brandon Ball,
[01:02:04.340 --> 01:02:08.340]  an assistant public defender in Harris County, who stated that, quote,
[01:02:08.340 --> 01:02:12.340]  the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.340 --> 01:02:15.340]  It's important that if someone is charged with something,
[01:02:15.340 --> 01:02:18.340]  the test matches what they're charged with.
[01:02:22.340 --> 01:02:26.340]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark.
[01:02:26.340 --> 01:02:29.340]  As the first of its kind in the Gulf of Mexico,
[01:02:29.340 --> 01:02:34.340]  the specimen being only the second pocket shark ever captured or recorded
[01:02:34.340 --> 01:02:38.340]  with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.340 --> 01:02:40.340]  According to the university paper,
[01:02:40.340 --> 01:02:45.340]  the shark secretes a luminous fluid from a gland near its front fins
[01:02:45.340 --> 01:02:50.340]  for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.340 --> 01:03:02.340]  This is Worth Roadie with your lowdown for July 22, 2019.
[01:03:21.340 --> 01:03:26.340]  Okay, we are back.
[01:03:26.340 --> 01:03:30.340]  Randy Helton, Brett Fountain, root of our radio,
[01:03:30.340 --> 01:03:34.340]  and we're talking to Scott in Georgia.
[01:03:34.340 --> 01:03:39.340]  Okay, Scott, since they dismissed your case,
[01:03:39.340 --> 01:03:43.340]  you got a really good shot at them.
[01:03:43.340 --> 01:03:45.340]  That's what I'm thinking.
[01:03:45.340 --> 01:03:48.340]  I was looking with aggravated perjury.
[01:03:48.340 --> 01:03:51.340]  What about prosecutable misconduct?
[01:03:51.340 --> 01:03:54.340]  Because this indictment was serious.
[01:03:54.340 --> 01:03:57.340]  I mean, these guys were seriously trying to...
[01:03:57.340 --> 01:04:00.340]  Okay, prosecutable misconduct.
[01:04:00.340 --> 01:04:04.340]  You cannot get the prosecutor for prosecutable misconduct.
[01:04:04.340 --> 01:04:06.340]  He is immune.
[01:04:06.340 --> 01:04:11.340]  However, there is one thing you could go for him for,
[01:04:11.340 --> 01:04:16.340]  and that's negligent misrepresentation.
[01:04:16.340 --> 01:04:22.340]  If he had both these complaints,
[01:04:22.340 --> 01:04:29.340]  one that stated these grounds for DUI,
[01:04:29.340 --> 01:04:33.340]  and one that stated that there were no grounds for DUI,
[01:04:33.340 --> 01:04:40.340]  for him to file that with the grand jury was a negligent misrepresentation,
[01:04:40.340 --> 01:04:43.340]  and that you can get him for.
[01:04:43.340 --> 01:04:45.340]  So write that down and look that one up.
[01:04:45.340 --> 01:04:49.340]  Yes, sir, because that's what I was thinking.
[01:04:49.340 --> 01:04:53.340]  We've got two different police reports in this indictment,
[01:04:53.340 --> 01:04:56.340]  and no video evidence that I demanded for months.
[01:04:56.340 --> 01:05:01.340]  I mean, I was ignored by the clerk of court when I did the evidence.
[01:05:01.340 --> 01:05:02.340]  Wow.
[01:05:02.340 --> 01:05:06.340]  Sir, I filed five times with this court, five different times,
[01:05:06.340 --> 01:05:09.340]  and each time I was ignored.
[01:05:09.340 --> 01:05:15.340]  Wait a minute. Okay, who did you file what with?
[01:05:15.340 --> 01:05:23.340]  I filed a few affidavits trying to compel discovery and all,
[01:05:23.340 --> 01:05:25.340]  and I filed it with the clerk of court.
[01:05:25.340 --> 01:05:30.340]  The first time I went to a two-hour drive from where I was staying
[01:05:30.340 --> 01:05:34.340]  to where this Maryland County court was,
[01:05:34.340 --> 01:05:39.340]  and I went up there the first time to file, and it was very hostile,
[01:05:39.340 --> 01:05:44.340]  but I eventually got a stamp by the clerk of court and filed into the record,
[01:05:44.340 --> 01:05:46.340]  but they ignored it.
[01:05:46.340 --> 01:05:51.340]  So the next four filings I did, I did through the United States Post Office
[01:05:51.340 --> 01:05:57.340]  under the, all what they called the old school milling.
[01:05:57.340 --> 01:06:01.340]  Okay, I take it they ignored those?
[01:06:01.340 --> 01:06:04.340]  Yes, sir, they ignored me all the way.
[01:06:04.340 --> 01:06:09.340]  Okay, go to the court and ask to see the file.
[01:06:09.340 --> 01:06:15.340]  Oh, yeah, they got the file because when I eventually made it back up into the court,
[01:06:15.340 --> 01:06:20.340]  the clerk of court handed a big old file to the judge.
[01:06:20.340 --> 01:06:25.340]  Okay, you want to see if those motions and pleadings are in there?
[01:06:25.340 --> 01:06:29.340]  Yeah, that's what it was, all my filings are.
[01:06:29.340 --> 01:06:35.340]  If they're not in that file, then you file criminal charges against the clerk.
[01:06:35.340 --> 01:06:38.340]  We're not keeping the file because I kept telling her,
[01:06:38.340 --> 01:06:42.340]  I said you better make sure you're keeping the record because I'm a record keeper too.
[01:06:42.340 --> 01:06:45.340]  Yeah, I've got it all, so.
[01:06:45.340 --> 01:06:50.340]  Make sure if it's not in the record, then you charge her with tampering with the government document.
[01:06:50.340 --> 01:06:53.340]  Document, yeah, okay.
[01:06:53.340 --> 01:07:04.340]  And since they dismissed the case, you can't make a claim for them not hearing your motions or your discovery.
[01:07:04.340 --> 01:07:08.340]  Well, because that's something that's done in the course of the case,
[01:07:08.340 --> 01:07:12.340]  and since the case was dismissed, all of that becomes moot.
[01:07:12.340 --> 01:07:14.340]  Yeah.
[01:07:14.340 --> 01:07:23.340]  So it's probably something that's not as effective for you to go after. Going after that indictment,
[01:07:23.340 --> 01:07:31.340]  claiming that the indictment was created through fraud and negligent misrepresentation to the grand jury,
[01:07:31.340 --> 01:07:34.340]  that you can sue the prosecutor for.
[01:07:34.340 --> 01:07:36.340]  Yeah, yeah.
[01:07:36.340 --> 01:07:41.340]  But you can certainly go after the prosecutor criminally for it.
[01:07:41.340 --> 01:07:46.340]  Yeah. You filed directly the grand jury against the prosecutor.
[01:07:46.340 --> 01:07:49.340]  That is not going to make him a happy camper.
[01:07:49.340 --> 01:07:58.340]  No, no. See, that's the thing. This whole case, they don't like me because I started out to represent myself, you know, pro-sac.
[01:07:58.340 --> 01:08:03.340]  And they just flat ignored me. And then it got so heated.
[01:08:03.340 --> 01:08:11.340]  I mean, they sent folks down from Tennessee and actually harassed some witnesses of mine.
[01:08:11.340 --> 01:08:13.340]  And...
[01:08:13.340 --> 01:08:15.340]  Did you get their names?
[01:08:15.340 --> 01:08:17.340]  It was the...
[01:08:17.340 --> 01:08:22.340]  Yeah, it gets deep. It was the bonding companies who it was.
[01:08:22.340 --> 01:08:28.340]  They sent the bonding company into a whole other state to try to figure out where I'm at.
[01:08:28.340 --> 01:08:33.340]  Because I didn't show up to court because they wouldn't answer me. So, you know, I didn't...
[01:08:33.340 --> 01:08:35.340]  Oh, okay.
[01:08:35.340 --> 01:08:38.340]  Okay, well, that's not something you can raise an issue about.
[01:08:38.340 --> 01:08:41.340]  That's something the bondsman has a right to do.
[01:08:41.340 --> 01:08:44.340]  Yeah, yeah. Well, I mean...
[01:08:44.340 --> 01:08:46.340]  He has a right to protect his bond.
[01:08:46.340 --> 01:08:51.340]  But this false indictment, that's a great one to go after.
[01:08:51.340 --> 01:08:54.340]  Yeah. And all that happened.
[01:08:54.340 --> 01:08:59.340]  I mean, you know, they ignored my filing. So, I ignored the court case.
[01:08:59.340 --> 01:09:03.340]  Because all they were doing was just pull those of me over and won't throw me in jail.
[01:09:03.340 --> 01:09:08.340]  So, I didn't go up there. So, that's when they started hunting around for me and all.
[01:09:08.340 --> 01:09:13.340]  You know, I ended up with a $15,000 bond on me.
[01:09:13.340 --> 01:09:18.340]  And all this gets dismissed and all this paperwork don't match.
[01:09:18.340 --> 01:09:20.340]  And then they lose all the video evidence.
[01:09:20.340 --> 01:09:26.340]  But all this harassment and me trying to do this properly, participate in, you know, this...
[01:09:26.340 --> 01:09:30.340]  The video evidence, that's another one.
[01:09:30.340 --> 01:09:33.340]  That is a government record.
[01:09:33.340 --> 01:09:35.340]  Exactly.
[01:09:35.340 --> 01:09:36.340]  And also...
[01:09:36.340 --> 01:09:40.340]  Tampering with a government records crime in the state of Tennessee.
[01:09:40.340 --> 01:09:48.340]  So, find out who handles the video recordings for these police.
[01:09:48.340 --> 01:09:56.340]  Find out how the recordings are taken from the vehicle and stored with the department.
[01:09:56.340 --> 01:10:03.340]  Charge the guy who is responsible for the videos criminally.
[01:10:03.340 --> 01:10:04.340]  Okay.
[01:10:04.340 --> 01:10:06.340]  That'll make them unhappy.
[01:10:06.340 --> 01:10:11.340]  They'll put you on a list for two different things.
[01:10:11.340 --> 01:10:17.340]  One of them is do not disdain.
[01:10:17.340 --> 01:10:21.340]  But the worst one is no Christmas card for this character.
[01:10:21.340 --> 01:10:29.340]  This hillbilly ain't getting nothing from us for Christmas.
[01:10:29.340 --> 01:10:31.340]  Right on.
[01:10:31.340 --> 01:10:32.340]  All right.
[01:10:32.340 --> 01:10:35.340]  Well, that's two things.
[01:10:35.340 --> 01:10:41.340]  The perjury and the mishandling of evidence and all of it.
[01:10:41.340 --> 01:10:42.340]  That's a huge amount.
[01:10:42.340 --> 01:10:48.340]  Contact the grand jury in the county this occurred in.
[01:10:48.340 --> 01:10:57.340]  You get a hold of the clerk of the General Sessions Court clerk.
[01:10:57.340 --> 01:11:05.340]  And send her a request for the names of all the jury members.
[01:11:05.340 --> 01:11:06.340]  Okay.
[01:11:06.340 --> 01:11:13.340]  And she will probably not want to give it to you and you hope she doesn't because then you get to file against her.
[01:11:13.340 --> 01:11:16.340]  That's going to be the thing.
[01:11:16.340 --> 01:11:17.340]  They don't like me at all.
[01:11:17.340 --> 01:11:22.340]  So I don't know if they're going to ask me if I try to get it off.
[01:11:22.340 --> 01:11:28.340]  Well, when I was in Tennessee, the General Sessions Court did not like me.
[01:11:28.340 --> 01:11:35.340]  But I only asked the bailiff to arrest her once.
[01:11:35.340 --> 01:11:41.340]  I was trying to get her to take some complaints and she refused to.
[01:11:41.340 --> 01:11:44.340]  And I had asked the bailiff, he was about to leave the office.
[01:11:44.340 --> 01:11:45.340]  I said, can you hang on?
[01:11:45.340 --> 01:11:46.340]  I might need you.
[01:11:46.340 --> 01:11:50.340]  So he's standing behind her and she refused to take the complaints.
[01:11:50.340 --> 01:11:51.340]  I said, Mr.
[01:11:51.340 --> 01:11:52.340]  Bailiff, did you hear that?
[01:11:52.340 --> 01:11:53.340]  Yes, Mr.
[01:11:53.340 --> 01:11:54.340]  Kelton.
[01:11:54.340 --> 01:11:59.340]  I did arrest that woman.
[01:11:59.340 --> 01:12:02.340]  That was so funny.
[01:12:02.340 --> 01:12:05.340]  She did not think it was a bit funny.
[01:12:05.340 --> 01:12:10.340]  No, they don't like to be challenged at all.
[01:12:10.340 --> 01:12:12.340]  She did not mess with me after that.
[01:12:12.340 --> 01:12:14.340]  I was, yes, sir, Mr.
[01:12:14.340 --> 01:12:17.340]  Kelton, what can I do for you?
[01:12:17.340 --> 01:12:20.340]  No garbage from her.
[01:12:20.340 --> 01:12:25.340]  I don't care if they like me or not.
[01:12:25.340 --> 01:12:28.340]  I just don't want them messing with me.
[01:12:28.340 --> 01:12:29.340]  That's right.
[01:12:29.340 --> 01:12:30.340]  Okay.
[01:12:30.340 --> 01:12:33.340]  So you kind of got your marching orders.
[01:12:33.340 --> 01:12:34.340]  Find out.
[01:12:34.340 --> 01:12:39.340]  Now the next step is to start pushing them to find out who the grand jury is.
[01:12:39.340 --> 01:12:40.340]  Yes.
[01:12:40.340 --> 01:12:43.340]  And look up the statute in Tennessee.
[01:12:43.340 --> 01:12:45.340]  Go to, I've got it somewhere.
[01:12:45.340 --> 01:12:52.340]  Send me an email and ask for a reference to David, to Danny Murphy.
[01:12:52.340 --> 01:12:57.340]  And I will include that grand jury statute in my reply.
[01:12:57.340 --> 01:12:58.340]  All right.
[01:12:58.340 --> 01:13:06.340]  Would you also like me to send a few of the papers at the first instant report, sir,
[01:13:06.340 --> 01:13:08.340]  in the indictment count?
[01:13:08.340 --> 01:13:09.340]  Yes.
[01:13:09.340 --> 01:13:11.340]  And I will forward all of that to Danny Murphy.
[01:13:11.340 --> 01:13:13.340]  Danny Murphy is a real researcher.
[01:13:13.340 --> 01:13:14.340]  Okay.
[01:13:14.340 --> 01:13:17.340]  And he'll be of great value to you.
[01:13:17.340 --> 01:13:18.340]  Right on.
[01:13:18.340 --> 01:13:24.340]  You may have trouble talking to him because he's a redneck and he doesn't speak the language.
[01:13:24.340 --> 01:13:29.340]  We'll see how he communicates.
[01:13:29.340 --> 01:13:32.340]  I might have to speak a little bit of that.
[01:13:32.340 --> 01:13:33.340]  Okay.
[01:13:33.340 --> 01:13:36.340]  Send me that email.
[01:13:36.340 --> 01:13:38.340]  I'll get it to Danny.
[01:13:38.340 --> 01:13:39.340]  Okay.
[01:13:39.340 --> 01:13:41.340]  Thank you, Scott.
[01:13:41.340 --> 01:13:44.340]  Now we're going to go to David in Texas.
[01:13:44.340 --> 01:13:45.340]  Hello, David.
[01:13:45.340 --> 01:13:48.340]  What do you have for us today?
[01:13:48.340 --> 01:13:49.340]  Yeah.
[01:13:49.340 --> 01:13:50.340]  Hi, Randy.
[01:13:50.340 --> 01:14:01.340]  On this declaratory judgment, I have a cover sheet that I filled out.
[01:14:01.340 --> 01:14:04.340]  I asked 44 civil cover sheets.
[01:14:04.340 --> 01:14:12.340]  What it did was on the plaintiff box, I put down the U.S. government because wouldn't
[01:14:12.340 --> 01:14:19.340]  the U.S. government be related in this motion because it's the U.S. government, the Constitution?
[01:14:19.340 --> 01:14:22.340]  No, no, no, no, no.
[01:14:22.340 --> 01:14:27.340]  They're not litigant.
[01:14:27.340 --> 01:14:32.340]  You put down whoever, this is a declaratory judgment.
[01:14:32.340 --> 01:14:39.340]  So it's somewhat different and those cover sheets aren't really appropriate to a declaratory
[01:14:39.340 --> 01:14:41.340]  judgment suit.
[01:14:41.340 --> 01:14:45.340]  But you put whoever else is interested in the outcome.
[01:14:45.340 --> 01:14:53.340]  I'm preparing a declaratory judgment suit for a guy in Alabama.
[01:14:53.340 --> 01:15:00.340]  And while we're not making a claim against anyone, so there is no, there are no defendants.
[01:15:00.340 --> 01:15:05.340]  There's a petitioner and a respondent.
[01:15:05.340 --> 01:15:08.340]  And the respondent is someone who may be interested.
[01:15:08.340 --> 01:15:18.340]  In this case, we had two officers file criminal charges against this guy because he filed a federal lawsuit.
[01:15:18.340 --> 01:15:22.340]  Well, now he's filing for petition for declaratory judgment.
[01:15:22.340 --> 01:15:29.340]  Well, he's not asking for any damages against these guys, but he's going to claim that asks
[01:15:29.340 --> 01:15:36.340]  the court to say, is filing a federal lawsuit something that can be considered as a felony
[01:15:36.340 --> 01:15:38.340]  by the state.
[01:15:38.340 --> 01:15:41.340]  And these were the guys who claimed it was a felony.
[01:15:41.340 --> 01:15:44.340]  So that makes them the interested party.
[01:15:44.340 --> 01:15:50.340]  So they would get named even though they're not a defendant.
[01:15:50.340 --> 01:15:54.340]  Does that make sense?
[01:15:54.340 --> 01:15:55.340]  Yeah.
[01:15:55.340 --> 01:15:56.340]  Okay.
[01:15:56.340 --> 01:15:57.340]  It's just a cover sheet.
[01:15:57.340 --> 01:15:58.340]  Don't worry about it.
[01:15:58.340 --> 01:16:01.340]  If the clerk doesn't like something, she'll tell you.
[01:16:01.340 --> 01:16:08.340]  And federal clerks have been instructed to assist prose filers.
[01:16:08.340 --> 01:16:12.340]  You will find they are very helpful.
[01:16:12.340 --> 01:16:16.340]  They're not like the clerks you find in these little podunk courts.
[01:16:16.340 --> 01:16:21.340]  In the federal courts, they're used to dealing with big time attorneys.
[01:16:21.340 --> 01:16:24.340]  They're very professional, very polite.
[01:16:24.340 --> 01:16:31.340]  And with prose, always prose is coming along, come away surprised at how well they're treated
[01:16:31.340 --> 01:16:32.340]  by federal clerks.
[01:16:32.340 --> 01:16:34.340]  So just go ahead and file it.
[01:16:34.340 --> 01:16:35.340]  Don't worry about it.
[01:16:35.340 --> 01:16:39.340]  If they don't like something, she'll contact you and let you know what it is she doesn't
[01:16:39.340 --> 01:16:40.340]  like.
[01:16:40.340 --> 01:16:41.340]  Hang on.
[01:16:41.340 --> 01:16:46.340]  Back to go to our sponsors, Randy Kelton, Brett Fountain, rule of law radio.
[01:16:46.340 --> 01:16:48.340]  I go to see 916.
[01:16:48.340 --> 01:16:50.340]  You have three more segments.
[01:16:50.340 --> 01:16:54.340]  So call in number 5126461984.
[01:16:54.340 --> 01:16:56.340]  We've got room for one more caller.
[01:16:56.340 --> 01:17:00.340]  We'll be right back.
[01:17:00.340 --> 01:17:05.340]  Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.340 --> 01:17:10.340]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m.
[01:17:10.340 --> 01:17:11.340]  central time.
[01:17:11.340 --> 01:17:14.340]  Our goal is in accord with Matthew 516.
[01:17:14.340 --> 01:17:19.340]  Let your light so shine before men that they may see your good works and glorify your father,
[01:17:19.340 --> 01:17:20.340]  which is in heaven.
[01:17:20.340 --> 01:17:25.340]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:25.340 --> 01:17:31.340]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[01:17:31.340 --> 01:17:34.340]  to provoke unto love and good works.
[01:17:34.340 --> 01:17:38.340]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[01:17:38.340 --> 01:17:40.340]  one chapter per week.
[01:17:40.340 --> 01:17:45.340]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[01:17:45.340 --> 01:17:47.340]  Christian character development.
[01:17:47.340 --> 01:17:54.340]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m.
[01:17:54.340 --> 01:17:59.340]  starting January 8th for an inspiring and motivating discussion of the Scriptures.
[01:17:59.340 --> 01:18:09.340]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by
[01:18:09.340 --> 01:18:10.340]  Central Texas Gun Works.
[01:18:10.340 --> 01:18:14.340]  Go to LogosRadioNetwork.com and enter to win.
[01:18:14.340 --> 01:18:18.340]  Any amount is appreciated, everything helps to keep us on the air.
[01:18:18.340 --> 01:18:24.340]  From Central Texas Gun Works, the grand prize up for grabs is a Spikes Tactical AR-15.
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[01:18:27.340 --> 01:18:30.340]  Every $25 donation is a chance to win.
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[01:19:25.340 --> 01:19:38.340]  Okay, we are back.
[01:19:38.340 --> 01:19:41.340]  This is the rule of law radio, Randy Kelton.
[01:19:41.340 --> 01:19:42.340]  I'm Brett Fountain.
[01:19:42.340 --> 01:19:46.340]  I'll miss the 12th day of March, 2020.
[01:19:46.340 --> 01:19:51.340]  And we are going to go to Ralph in Texas.
[01:19:51.340 --> 01:19:53.340]  Good evening, Ralph.
[01:19:53.340 --> 01:19:56.340]  What do you have for us today?
[01:19:56.340 --> 01:19:57.340]  Hello, Brett.
[01:19:57.340 --> 01:20:03.340]  Well, I'm going to talk about these public information requests again.
[01:20:03.340 --> 01:20:14.340]  And what I'm wondering is, rid of mandamus, sounds like a good option.
[01:20:14.340 --> 01:20:20.340]  And I was wondering if you could comment on it.
[01:20:20.340 --> 01:20:22.340]  A good option to do what?
[01:20:22.340 --> 01:20:24.340]  What are you trying to accomplish?
[01:20:24.340 --> 01:20:25.340]  Okay.
[01:20:25.340 --> 01:20:32.340]  I made a public information request and the responding party refused the request.
[01:20:32.340 --> 01:20:35.340]  I was pulling it up to read it again.
[01:20:35.340 --> 01:20:43.340]  It says, for me to be able to assist you any further, you must give me more information on the person listed.
[01:20:43.340 --> 01:20:49.340]  If you want your information on yourself, I will need you to provide me with a date of birth.
[01:20:49.340 --> 01:20:57.340]  We have processed thousands of inmates, a few of which with the same name.
[01:20:57.340 --> 01:21:03.340]  Okay, so what they're doing, wait a minute.
[01:21:03.340 --> 01:21:11.340]  There's something they can't give me the information because it's concerning other people.
[01:21:11.340 --> 01:21:14.340]  Oh, I can't hear you.
[01:21:14.340 --> 01:21:16.340]  Ralph, are you there?
[01:21:16.340 --> 01:21:17.340]  Yes.
[01:21:17.340 --> 01:21:18.340]  Can you hear me now?
[01:21:18.340 --> 01:21:19.340]  Yes.
[01:21:19.340 --> 01:21:20.340]  Okay.
[01:21:20.340 --> 01:21:26.340]  So you were saying that there were inmates and for them to give you information, there might be somebody with the same name.
[01:21:26.340 --> 01:21:28.340]  You have to provide a date of birth.
[01:21:28.340 --> 01:21:29.340]  Right.
[01:21:29.340 --> 01:21:34.340]  I was saying that, but I really shouldn't because that's not what I asked for.
[01:21:34.340 --> 01:21:36.340]  They're turning my request around.
[01:21:36.340 --> 01:21:39.340]  What I asked for was free trial detainees.
[01:21:39.340 --> 01:21:42.340]  And they're just assuming that I'm asking about myself.
[01:21:42.340 --> 01:21:46.340]  So I sent it back and I said, no, my request is quite clear.
[01:21:46.340 --> 01:21:50.340]  And so they're still assuming that I'm asking about myself.
[01:21:50.340 --> 01:21:51.340]  Right.
[01:21:51.340 --> 01:22:00.340]  And they add, if I'm not asking about myself, they can't give any information about anybody that they have arrested because that's personal information.
[01:22:00.340 --> 01:22:05.340]  So I'm wondering if a person's in jail, do we have public access?
[01:22:05.340 --> 01:22:11.340]  Do we have the right of public access to the people who are in jail for their name?
[01:22:11.340 --> 01:22:14.340]  Absolutely.
[01:22:14.340 --> 01:22:15.340]  Absolutely.
[01:22:15.340 --> 01:22:17.340]  They're lying to you.
[01:22:17.340 --> 01:22:18.340]  Right.
[01:22:18.340 --> 01:22:22.340]  So what I was thinking about doing in response to that was to...
[01:22:22.340 --> 01:22:28.340]  So I was looking at my remedies and of course I got the criminal remedy and I have a couple of questions about that.
[01:22:28.340 --> 01:22:33.340]  But I'm looking at section 552321.
[01:22:33.340 --> 01:22:40.340]  And it's a writ of mandamus and it says the attorney general or the requester can either one do a writ of mandamus.
[01:22:40.340 --> 01:22:47.340]  Now it was... I got kind of busy. It's too late in the day for me to call that district court and ask them how much they charge to file a writ of mandamus.
[01:22:47.340 --> 01:22:49.340]  But I can do that tomorrow.
[01:22:49.340 --> 01:22:51.340]  And let me think.
[01:22:51.340 --> 01:22:57.340]  I was... I guess I can ask the court some of this, but if you can chime in your light on it.
[01:22:57.340 --> 01:23:03.340]  Because I've done civil cases in state court, but it's been a while.
[01:23:03.340 --> 01:23:06.340]  And what I'm wondering is how do I serve those people?
[01:23:06.340 --> 01:23:10.340]  It's just writ of mandamus is not a lawsuit. I'm not asking for money damages.
[01:23:10.340 --> 01:23:14.340]  So will they, will the district court, will I file the writ of mandamus?
[01:23:14.340 --> 01:23:21.340]  Will they send the paperwork to the defendant or respondent?
[01:23:21.340 --> 01:23:24.340]  They'll only do that if you e-file.
[01:23:24.340 --> 01:23:28.340]  You can file by certified mail that's...
[01:23:28.340 --> 01:23:31.340]  This is a change in the law that occurred about five or six years ago.
[01:23:31.340 --> 01:23:37.340]  So you don't have to have them served by constable. You can do it by certified mail.
[01:23:37.340 --> 01:23:40.340]  Okay. Okay.
[01:23:40.340 --> 01:23:43.340]  You know how much that cost?
[01:23:43.340 --> 01:23:46.340]  There may be a special price.
[01:23:46.340 --> 01:23:54.340]  I know when I filed the declaratory judgment in Fort Worth, it was $15 instead of like $300.
[01:23:54.340 --> 01:24:06.340]  So it's probably a special price for this because if they charge $200, then that would have the effect of chilling access to the open records.
[01:24:06.340 --> 01:24:11.340]  So they probably have a special price for it. Make sure you check.
[01:24:11.340 --> 01:24:13.340]  Right. Okay.
[01:24:13.340 --> 01:24:21.340]  Let me read a little bit. This is page 59 of the public information manual.
[01:24:21.340 --> 01:24:37.340]  Section 552.321 authorizes a mandamus suit to compel the release of information even if the attorney general has ruled such information is not subject to required public disclosure.
[01:24:37.340 --> 01:24:41.340]  That sounds very strange.
[01:24:41.340 --> 01:25:01.340]  No, it's because a rule has been put in place for a purpose, a general purpose, but there can be circumstances that would negate that purpose to where serving this purpose would cause a greater evil.
[01:25:01.340 --> 01:25:14.340]  And you can ask the court to rule that in this case, the enforcement of that rule would have the effect of denying the proper application of the act.
[01:25:14.340 --> 01:25:18.340]  So they can say in this case, you should give it.
[01:25:18.340 --> 01:25:20.340]  Okay.
[01:25:20.340 --> 01:25:31.340]  So nothing is, for the most part, what can be given, what can be given is not etched in stone, except for certain specific things.
[01:25:31.340 --> 01:25:41.340]  And even then, everything is subject to specific conditions.
[01:25:41.340 --> 01:25:48.340]  So you want to say, special case, this is why this should be released.
[01:25:48.340 --> 01:25:57.340]  And that's what the mandamus says. You ask this court to determine that in this special case, the information should be released.
[01:25:57.340 --> 01:26:01.340]  Okay. That sounds good.
[01:26:01.340 --> 01:26:09.340]  Now, I've already written it up. Of course, I got to play with it for a couple of days and make sure I like it.
[01:26:09.340 --> 01:26:14.340]  I've got myself listed as a plaintiff because I don't have a sample mandamus.
[01:26:14.340 --> 01:26:26.340]  No, no, hold on. Generally, when you file with the court of appeals, there is an appellate format.
[01:26:26.340 --> 01:26:33.340]  Now, send me an email. I'll send you a petition for read a mandamus that I did.
[01:26:33.340 --> 01:26:36.340]  Is it on Jurisprudence?
[01:26:36.340 --> 01:26:41.340]  No. It's one that I wrote for Tim.
[01:26:41.340 --> 01:26:50.340]  And he filed it in his case. Tim may be the only guy in Texas who has ever won a mandamus pro se.
[01:26:50.340 --> 01:26:57.340]  Yeah. Yeah, that's great. I heard about that. Yeah, that's for celebrating and letting people know.
[01:26:57.340 --> 01:27:10.340]  I'll send you that mandamus. It won't really apply to you, but what you'll get to see is I use the exact same form I would use in an appellate brief or an appeal.
[01:27:10.340 --> 01:27:20.340]  And just instead of saying appeal as a mandamus, petition for read a mandamus.
[01:27:20.340 --> 01:27:22.340]  Okay.
[01:27:22.340 --> 01:27:39.340]  Okay. When I send you this, it's a form. When you load it into Microsoft Word, don't do any hand formatting.
[01:27:39.340 --> 01:27:43.340]  Everything is formatted by styles.
[01:27:43.340 --> 01:27:50.340]  If you hand formatted, it adds all kind of garbage styles to it, screws it up.
[01:27:50.340 --> 01:28:00.340]  And look at the numbering. The first section of the document has Roman numerals.
[01:28:00.340 --> 01:28:11.340]  And in counting the maximum number of documents, that section, the section with your heading and your table of contents, table of authorities,
[01:28:11.340 --> 01:28:15.340]  that doesn't count against the number of pages you can use.
[01:28:15.340 --> 01:28:26.340]  So they have you number those with Roman numerals and then the actual content of the document is numbered with Arabic numerals.
[01:28:26.340 --> 01:28:33.340]  It's really hard to get set up and it's real easy to screw up.
[01:28:33.340 --> 01:28:40.340]  So just copy out, just block, you know, cut out the content.
[01:28:40.340 --> 01:28:47.340]  Do you know how to do table of contents and table of authorities with Microsoft Word?
[01:28:47.340 --> 01:28:50.340]  No, sir.
[01:28:50.340 --> 01:28:52.340]  Okay.
[01:28:52.340 --> 01:28:57.340]  Every heading, you use the style sheet.
[01:28:57.340 --> 01:29:04.340]  It's right in the middle of the top menu bar on Microsoft Word, you'll say styles.
[01:29:04.340 --> 01:29:13.340]  If you click on styles and stick, click on the expand button, you'll see normal, which is your normal paragraph.
[01:29:13.340 --> 01:29:21.340]  You'll see quotes and then you'll see headings, heading one, heading A, B, C, D, E, F.
[01:29:21.340 --> 01:29:27.340]  When you look at the style of this document, you'll see where I use heading one, two, whatever.
[01:29:27.340 --> 01:29:29.340]  You'll see where I use the quotes.
[01:29:29.340 --> 01:29:40.340]  The quotes are always shrunk to 10 pixels and they're indented both sides of half an inch.
[01:29:40.340 --> 01:29:45.340]  You do that with quotes, you just select it, go up, hit quotes and boom, it does that.
[01:29:45.340 --> 01:29:54.340]  When you use those headings, every heading you use will be included in the table of contents.
[01:29:54.340 --> 01:29:59.340]  You can run off the cliff, we'll be right back.
[01:30:02.340 --> 01:30:09.340]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing.
[01:30:09.340 --> 01:30:12.340]  But now researchers say we can add stress to the list.
[01:30:12.340 --> 01:30:16.340]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:30:43.340 --> 01:30:49.340]  Are you always on the go and juggling multiple projects?
[01:30:49.340 --> 01:30:56.340]  It's so, you might think that multitasking proves you're smart, but think again, all that stress might be eating your brain.
[01:30:56.340 --> 01:31:04.340]  A new study, Find Stress, reduces the number of connections between neurons, which actually makes it harder for people to manage problems.
[01:31:04.340 --> 01:31:10.340]  Researchers at Yale University found that stressed out people have less grain matter in their prefrontal cortex.
[01:31:10.340 --> 01:31:15.340]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions.
[01:31:15.340 --> 01:31:21.340]  So take a deep breath and chill out. It'll help keep your mind as sharp as a tack.
[01:31:21.340 --> 01:31:26.340]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:31.340 --> 01:31:36.340]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.340 --> 01:31:38.340]  The government says that fire brought it down.
[01:31:38.340 --> 01:31:43.340]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.340 --> 01:31:46.340]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.340 --> 01:31:49.340]  And thousands of my fellow first responders have died.
[01:31:49.340 --> 01:31:50.340]  I'm not a conspiracy theorist.
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[01:31:54.340 --> 01:31:55.340]  I'm a father who lost his son.
[01:31:55.340 --> 01:31:58.340]  We are Americans, and we deserve the truth.
[01:31:58.340 --> 01:32:01.340]  Go to RememberBuilding7.org today.
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[01:33:25.340 --> 01:33:51.340]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and Brett kind of chastised me on the break.
[01:33:51.340 --> 01:33:56.340]  I'm probably going into something that's a little bit complex for this show.
[01:33:56.340 --> 01:34:13.340]  I will send this to you and just cut out what you don't need and paste in what fits your deal, but this will give you the standard format.
[01:34:13.340 --> 01:34:23.340]  Okay, I think everything else is pretty much self-explanatory. I'm going with a written mandate against the governmental body,
[01:34:23.340 --> 01:34:32.340]  not the public information officer, not the sheriff's office or department, I guess.
[01:34:32.340 --> 01:34:45.340]  Yeah, you always do that anyway. The custodian of the record is the director of the office. He can appoint a public records office if he wants to,
[01:34:45.340 --> 01:34:51.340]  but you can just ignore him. Just go to the head of the office.
[01:34:51.340 --> 01:34:58.340]  If he don't like it, he'll go chew out the guy who caused him to have this problem.
[01:34:58.340 --> 01:35:09.340]  Yeah, that'd be fun. They are all public officials and they have to follow all of these rules. You're not one of those.
[01:35:09.340 --> 01:35:18.340]  You can do what you want to. So if you want to chew out the boss that you elected, you chew out him and let him handle his subordinates.
[01:35:18.340 --> 01:35:28.340]  What we're finding is a lot of public servants are not doing their job and some of them are actually committing crimes. So I'm wondering,
[01:35:28.340 --> 01:35:34.340]  should we be reporting them to crime stoppers?
[01:35:34.340 --> 01:35:42.340]  That's a good idea. Maybe we should try to get the reward, you know, $1,000.
[01:35:42.340 --> 01:35:48.340]  That's a good point. I hadn't thought of that, Brett.
[01:35:48.340 --> 01:35:51.340]  I like that.
[01:35:51.340 --> 01:35:54.340]  Yeah, I like it. Sounds good.
[01:35:54.340 --> 01:35:58.340]  You guys have been having so much fun. You got me thinking about it.
[01:35:58.340 --> 01:36:04.340]  Well, crime stoppers collect some money.
[01:36:04.340 --> 01:36:09.340]  You keep this up. You're not going to get any Christmas cards either.
[01:36:09.340 --> 01:36:12.340]  Oh, sure.
[01:36:12.340 --> 01:36:15.340]  Well, crime stops.
[01:36:15.340 --> 01:36:29.340]  Yeah, I saw a crime stopper sign recently. I thought, wait a minute, I'm going to have as much fun as Brett and Randy.
[01:36:29.340 --> 01:36:33.340]  Yeah, that's a great idea.
[01:36:33.340 --> 01:36:36.340]  Okay, you have anything else for us?
[01:36:36.340 --> 01:36:39.340]  No, that is all. Thank you much.
[01:36:39.340 --> 01:36:49.340]  Okay, thank you, Ralph. Now we're going to go to Robert and 831. Where is 831?
[01:36:49.340 --> 01:36:54.340]  It is. It is Washingtonville, California.
[01:36:54.340 --> 01:36:58.340]  Wait, say that again. I moved the mic a little away from your mouth.
[01:36:58.340 --> 01:37:00.340]  Yeah.
[01:37:00.340 --> 01:37:05.340]  Okay, what state is that?
[01:37:05.340 --> 01:37:12.340]  Hang on just a minute here. Are you having me now?
[01:37:12.340 --> 01:37:14.340]  Yeah, I can hear you better now, yes.
[01:37:14.340 --> 01:37:16.340]  It's California.
[01:37:16.340 --> 01:37:18.340]  Oh, okay.
[01:37:18.340 --> 01:37:26.340]  All right. I'm interested in, you know, the examination trial.
[01:37:26.340 --> 01:37:30.340]  Yes, in California they call it a preliminary hearing.
[01:37:30.340 --> 01:37:34.340]  Right. Where they want me to enter a plea.
[01:37:34.340 --> 01:37:36.340]  Yes.
[01:37:36.340 --> 01:37:41.340]  But that's not a preliminary hearing. That's an arraignment.
[01:37:41.340 --> 01:37:42.340]  Arraignment.
[01:37:42.340 --> 01:37:53.340]  Okay, let me step back. They do ask you for a plea at a preliminary hearing because if they ask you, well, do you plead guilty?
[01:37:53.340 --> 01:38:05.340]  And you say, yeah, then there's, no, they would still have to do a preliminary hearing, but they asked you for a plea at a preliminary hearing, but come to think of it.
[01:38:05.340 --> 01:38:10.340]  I haven't seen anything in law that supports that.
[01:38:10.340 --> 01:38:27.340]  There's one thing that does, and it's a skinny little flimsy thing, and that is the edge case of if you were charged with a municipal code ordinance and you plan on giving them a waiver to say, you know what, I know I did it.
[01:38:27.340 --> 01:38:29.340]  You don't have to go through all the hoops.
[01:38:29.340 --> 01:38:40.340]  In Texas it's a 27.14D. It's a waiver that you sign and you tell the prosecutor, you don't have to go through all that paperwork. We don't have to jump through all the hoops.
[01:38:40.340 --> 01:38:44.340]  Let's skip to the part where I know I did it. How much do I need to pay you?
[01:38:44.340 --> 01:38:51.340]  And they have that little shortcut, that short circuit available to the defendant. The defendant can do that.
[01:38:51.340 --> 01:38:57.340]  And so they offer it every time, sometimes in a forceful way.
[01:38:57.340 --> 01:39:01.340]  Yeah, in that case they would waive a preliminary hearing.
[01:39:01.340 --> 01:39:02.340]  Yes.
[01:39:02.340 --> 01:39:09.340]  But it's reasonable at a preliminary hearing where the judge asks you if, well, are you guilty of this?
[01:39:09.340 --> 01:39:12.340]  Well, I'm guilty of sin.
[01:39:12.340 --> 01:39:16.340]  Then there's really no point in a preliminary hearing.
[01:39:16.340 --> 01:39:22.340]  I'm saying that, but then in thinking about what I'm saying, yes there is.
[01:39:22.340 --> 01:39:28.340]  Because in law it doesn't make any difference if you think you're guilty or not.
[01:39:28.340 --> 01:39:38.340]  It makes a difference if there is sufficient, reasonable, probable cause to believe that a crime has been committed and that you committed that crime.
[01:39:38.340 --> 01:39:41.340]  Whether you think you're guilty or not is irrelevant.
[01:39:41.340 --> 01:39:55.340]  So the only time a plea is required is in an arraignment. And an arraignment is not a preliminary hearing.
[01:39:55.340 --> 01:40:06.340]  An arraignment is a hearing for the purpose of determining the identity of the accused and taking a plea.
[01:40:06.340 --> 01:40:16.340]  So back to you, I kind of bushwhacked you there, Robert, and go back to you.
[01:40:16.340 --> 01:40:20.340]  You were talking about no preliminary hearing.
[01:40:20.340 --> 01:40:24.340]  Right.
[01:40:24.340 --> 01:40:31.340]  When I go in there, they say it's going to be an arraignment.
[01:40:31.340 --> 01:40:35.340]  That's my first appearance.
[01:40:35.340 --> 01:40:39.340]  Okay, you tell them that you want a preliminary hearing.
[01:40:39.340 --> 01:40:42.340]  And they're going to say you don't have a right to a preliminary hearing.
[01:40:42.340 --> 01:40:48.340]  And you're going to say, so what? What does that have to do with anything?
[01:40:48.340 --> 01:40:49.340]  Okay.
[01:40:49.340 --> 01:41:02.340]  You have a right to due process and due process under Gerstein Pew, City of Riverside v. McLaughlin.
[01:41:02.340 --> 01:41:07.340]  You have a due process right to a preliminary hearing.
[01:41:07.340 --> 01:41:12.340]  So let's have one and get them to refuse.
[01:41:12.340 --> 01:41:14.340]  Right then.
[01:41:14.340 --> 01:41:16.340]  Okay, go ahead. I missed part of that.
[01:41:16.340 --> 01:41:18.340]  They'll do that right then.
[01:41:18.340 --> 01:41:19.340]  Oh, yeah.
[01:41:19.340 --> 01:41:20.340]  They'll do that.
[01:41:20.340 --> 01:41:22.340]  Change it from an arraignment to a preliminary hearing.
[01:41:22.340 --> 01:41:27.340]  No, they will not do that.
[01:41:27.340 --> 01:41:31.340]  You get them to deny you a preliminary hearing.
[01:41:31.340 --> 01:41:32.340]  Okay.
[01:41:32.340 --> 01:41:35.340]  That's just another issue you get to bring.
[01:41:35.340 --> 01:41:39.340]  You want to bring the issues they're not used to.
[01:41:39.340 --> 01:41:45.340]  They're going to try to force me into a plea, though. That's what they want.
[01:41:45.340 --> 01:41:51.340]  You tell them, no, no, no, I'm not here to plea. I'm here for my preliminary hearing.
[01:41:51.340 --> 01:41:57.340]  And then when you refuse to enter a plea, then the judge will enter one for you.
[01:41:57.340 --> 01:41:58.340]  Okay.
[01:41:58.340 --> 01:42:01.340]  And don't raise any ruckus about that. It's not a big deal.
[01:42:01.340 --> 01:42:08.340]  It's just a formality and it does not affect your rights or your standing in any way.
[01:42:08.340 --> 01:42:10.340]  Okay.
[01:42:10.340 --> 01:42:16.340]  So go to trafficticket.website and download all those documents.
[01:42:16.340 --> 01:42:21.340]  There are some in there that doesn't reference the stage of Texas.
[01:42:21.340 --> 01:42:26.340]  I have a subject matter jurisdiction challenge. That's Texas.
[01:42:26.340 --> 01:42:29.340]  I have a preliminary hearing request in there.
[01:42:29.340 --> 01:42:32.340]  And that one's not specific to Texas.
[01:42:32.340 --> 01:42:37.340]  I have a mother Hubbard motion in there and that's one where you claim all your rights.
[01:42:37.340 --> 01:42:40.340]  A speedy trial in there.
[01:42:40.340 --> 01:42:42.340]  There's a whole stack of motions in there.
[01:42:42.340 --> 01:42:44.340]  Most of them apply to every state.
[01:42:44.340 --> 01:42:46.340]  There's just a couple.
[01:42:46.340 --> 01:42:52.340]  I create a T close complaint and that's a professional conduct complaint against an officer in Texas.
[01:42:52.340 --> 01:42:54.340]  So that one won't count.
[01:42:54.340 --> 01:42:58.340]  And a first degree felony aggravated assault charge against a police officer.
[01:42:58.340 --> 01:42:59.340]  That one's Texas.
[01:42:59.340 --> 01:43:04.340]  There are about four in there, I believe, that won't apply.
[01:43:04.340 --> 01:43:12.340]  But if you select Texas, I think my programmer has it set so it will only give you the ones that apply to California.
[01:43:12.340 --> 01:43:13.340]  Download those.
[01:43:13.340 --> 01:43:17.340]  Those will give you the motions to protect all your rights.
[01:43:17.340 --> 01:43:21.340]  And they will tell you a whole lot about what your rights are.
[01:43:21.340 --> 01:43:22.340]  Right.
[01:43:22.340 --> 01:43:24.340]  Okay.
[01:43:24.340 --> 01:43:33.340]  Now, I went to the Judicial Council to look at the rules for notice.
[01:43:33.340 --> 01:43:42.340]  So I've got a notice from the district attorney where they changed my court date.
[01:43:42.340 --> 01:43:54.340]  And the notice doesn't meet any of the requirements or not very many of the requirements that the Judicial Council asked to be in the notice.
[01:43:54.340 --> 01:43:55.340]  Oh, good.
[01:43:55.340 --> 01:43:56.340]  Hang on.
[01:43:56.340 --> 01:43:59.340]  We'll pick that up when we come back on the other side.
[01:43:59.340 --> 01:44:00.340]  Randy Kelly.
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[01:44:41.340 --> 01:44:49.340]  For more information, please visit ruleoflawradio.com and click on the blue Michael Meares banner, or email MichaelMeares at yahoo.com.
[01:44:49.340 --> 01:45:00.340]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[01:45:00.340 --> 01:45:04.340]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.340 --> 01:46:30.340]  Some things in this world I will never understand, some things I realize fully.
[01:46:30.340 --> 01:46:39.340]  Somebody's on a police, I police my, somebody's on a police, police.
[01:46:39.340 --> 01:46:48.340]  There's always room at the top of the hill, I hear things of great mind and it's lonely left too.
[01:46:48.340 --> 01:46:52.340]  They're wishing it was more than opposition to bill.
[01:46:52.340 --> 01:46:56.340]  They know that if they don't do it, somebody will.
[01:46:56.340 --> 01:47:04.340]  Somebody's in this world I will never understand, some things I realize fully.
[01:47:04.340 --> 01:47:08.340]  Somebody's on a police, I police my, somebody's on a police.
[01:47:08.340 --> 01:47:10.340]  Okay, we are back.
[01:47:10.340 --> 01:47:20.340]  Randy Kelton, Brett Fountain, we're talking to Robert in California and where were we Robert?
[01:47:20.340 --> 01:47:22.340]  Preliminary hearing.
[01:47:22.340 --> 01:47:29.340]  When I ask for the preliminary hearing, I'm not going to tell them what to do, they're going to tell me what they're going to do, right?
[01:47:29.340 --> 01:47:33.340]  And he'll only leave for me and I just let that happen.
[01:47:33.340 --> 01:47:36.340]  You just object to everything.
[01:47:36.340 --> 01:47:37.340]  Okay.
[01:47:37.340 --> 01:47:40.340]  But it really doesn't matter.
[01:47:40.340 --> 01:47:46.340]  If you will go to trafficticket.website, it will download you a request for preliminary hearing.
[01:47:46.340 --> 01:47:47.340]  Okay.
[01:47:47.340 --> 01:47:58.340]  Now, I believe I changed the Texas one to preliminary hearing so that it just asks for a preliminary hearing, it doesn't give them all the case law.
[01:47:58.340 --> 01:48:01.340]  There are all this, the statutory requirements.
[01:48:01.340 --> 01:48:08.340]  So you just request it and let them deny it and then you can bring your issue later, you just set the record.
[01:48:08.340 --> 01:48:09.340]  Okay.
[01:48:09.340 --> 01:48:30.340]  And in the notice they sent me, they tell me that I'm here by notice to appear and then it goes, you must also be booked at least three business days before your court date specified above.
[01:48:30.340 --> 01:48:36.340]  You are to report to the work release program at the county jail.
[01:48:36.340 --> 01:48:38.340]  What?
[01:48:38.340 --> 01:48:42.340]  Is this a traffic citation?
[01:48:42.340 --> 01:48:44.340]  Yes.
[01:48:44.340 --> 01:48:53.340]  Oh, the problem the prosecutor has is he don't get to make these kind of stupid mistakes.
[01:48:53.340 --> 01:49:18.340]  So file criminally for official mis, official misconduct against the prosecutor and for impersonating a judicial officer and adding, adding requirements to your PR bond that were not added by a judge.
[01:49:18.340 --> 01:49:24.340]  Cues him of impersonating a judicial officer.
[01:49:24.340 --> 01:49:26.340]  Hey, you're going to throw them all out.
[01:49:26.340 --> 01:49:27.340]  Okay.
[01:49:27.340 --> 01:49:41.340]  So that ought to be also a simulation of legal process as well because that document was intended to be taken as a tortitive and make him do something or refrain from doing something.
[01:49:41.340 --> 01:49:43.340]  That is very good.
[01:49:43.340 --> 01:49:54.340]  I'm sure you have that in tech in California, every state passed a bunch of laws to stop the Republic of Texas group and others from filing liens against public officials.
[01:49:54.340 --> 01:49:57.340]  Sham legal process.
[01:49:57.340 --> 01:50:01.340]  So the call call that a sham legal process.
[01:50:01.340 --> 01:50:03.340]  What's called that.
[01:50:03.340 --> 01:50:17.340]  Look that up in California law, it's going to be in there simulating legal process or sham legal process. You're going to have a statute for that and file criminally against the prosecutor for that.
[01:50:17.340 --> 01:50:19.340]  That will not make him happy.
[01:50:19.340 --> 01:50:25.340]  And each one of these are a separate criminal offense.
[01:50:25.340 --> 01:50:32.340]  Yes, each offense never stack charges in one complaint.
[01:50:32.340 --> 01:50:36.340]  One offense, one complaint.
[01:50:36.340 --> 01:50:41.340]  And best to file them staggered so they're not filed the same time.
[01:50:41.340 --> 01:50:44.340]  So they have to treat each one individually.
[01:50:44.340 --> 01:50:51.340]  What they'll do if you stack them, they'll deny one and ignore the rest.
[01:50:51.340 --> 01:50:57.340]  So if you make each one separate, they have to treat each one individually.
[01:50:57.340 --> 01:51:04.340]  So it would be official misconduct for impersonating the judicial officer.
[01:51:04.340 --> 01:51:09.340]  No, not impersonating the judicial officer is generally a felony.
[01:51:09.340 --> 01:51:12.340]  That's a separate crime.
[01:51:12.340 --> 01:51:15.340]  So there's you said two of them right there.
[01:51:15.340 --> 01:51:17.340]  One is official oppression.
[01:51:17.340 --> 01:51:20.340]  And another one is impersonating a judicial officer.
[01:51:20.340 --> 01:51:25.340]  And another one is the simulation of legal process or it might be called sham.
[01:51:25.340 --> 01:51:33.340]  I see something that says section 638 14 unlawful simulation of legal process.
[01:51:33.340 --> 01:51:35.340]  Let's see, is that.
[01:51:35.340 --> 01:51:37.340]  That sounds right.
[01:51:37.340 --> 01:51:46.340]  I said sham because I was just working on one in Alabama and they called it sham legal process.
[01:51:46.340 --> 01:51:57.340]  So it would be official misconduct for oppression and then another official misconduct for in person in.
[01:51:57.340 --> 01:52:03.340]  No, no, no, no, no impersonating a public official is a separate offense.
[01:52:03.340 --> 01:52:05.340]  Right, right there.
[01:52:05.340 --> 01:52:07.340]  So that's not official misconduct.
[01:52:07.340 --> 01:52:15.340]  That's impersonating and that official misconduct is generally a class A misdemeanor impersonating public officials generally a felony.
[01:52:15.340 --> 01:52:19.340]  So he's impersonating the public official.
[01:52:19.340 --> 01:52:21.340]  Yes.
[01:52:21.340 --> 01:52:23.340]  He's impersonating a judge.
[01:52:23.340 --> 01:52:26.340]  Now he is a public official, but he's not the public official.
[01:52:26.340 --> 01:52:28.340]  He's impersonating.
[01:52:28.340 --> 01:52:29.340]  Right.
[01:52:29.340 --> 01:52:31.340]  Okay.
[01:52:31.340 --> 01:52:33.340]  Okay.
[01:52:33.340 --> 01:52:39.340]  So it would be a misconduct for impersonating a public official.
[01:52:39.340 --> 01:52:43.340]  No, impersonating a public official is a separate offense.
[01:52:43.340 --> 01:52:44.340]  That's two different things.
[01:52:44.340 --> 01:52:53.340]  In Texas, it's a penal code 37.11 tampering with the government documents 37.10.
[01:52:53.340 --> 01:52:56.340]  Official misconduct is 39.03.
[01:52:56.340 --> 01:52:58.340]  They're separate offenses.
[01:52:58.340 --> 01:53:00.340]  Okay.
[01:53:00.340 --> 01:53:03.340]  All right.
[01:53:03.340 --> 01:53:25.340]  And of course, when I discovered that all these notices were going to hit the wrong address, I never let them know this because you say don't ever let them know when they're making a mistake, right?
[01:53:25.340 --> 01:53:37.340]  The notices to you, are they sending them to an address that is an address associated with you?
[01:53:37.340 --> 01:53:38.340]  No.
[01:53:38.340 --> 01:53:41.340]  And one you're not using or is it one that's not associated with you?
[01:53:41.340 --> 01:53:46.340]  They left out one number in the address.
[01:53:46.340 --> 01:53:50.340]  That's common for them to do that.
[01:53:50.340 --> 01:53:52.340]  So that you can claim is deliberate.
[01:53:52.340 --> 01:53:55.340]  No, because I've been...
[01:53:55.340 --> 01:53:59.340]  Okay, if they send it to the wrong address, you don't know anything about that.
[01:53:59.340 --> 01:54:01.340]  That's right.
[01:54:01.340 --> 01:54:09.340]  So then you do a request for all the documents and all the documents, it'll show where it was sent to.
[01:54:09.340 --> 01:54:15.340]  Oh yeah, I've gotten all the documents that show that they've been sending it to the wrong address, but I didn't bring it.
[01:54:15.340 --> 01:54:17.340]  Okay, hold on, hold on.
[01:54:17.340 --> 01:54:18.340]  Wait a minute.
[01:54:18.340 --> 01:54:19.340]  Okay.
[01:54:19.340 --> 01:54:22.340]  So you have more than one document to the wrong address?
[01:54:22.340 --> 01:54:23.340]  Yes.
[01:54:23.340 --> 01:54:33.340]  Now, I might miss a keystroke on one document, but I'm not going to miss that keystroke on two documents.
[01:54:33.340 --> 01:54:40.340]  Well, they've sent some to the right address and some to the wrong address.
[01:54:40.340 --> 01:54:48.340]  So if you have more than one to the wrong address, then you claim that's deliberate.
[01:54:48.340 --> 01:55:01.340]  Because getting the wrong address on a document, on a letter that you're sending is something people just almost never do.
[01:55:01.340 --> 01:55:06.340]  And for the clerk to say, oh, it was just a typo.
[01:55:06.340 --> 01:55:11.340]  Well, maybe one was a typo, but more than one is not a typo.
[01:55:11.340 --> 01:55:14.340]  Was it the same letter missed?
[01:55:14.340 --> 01:55:32.340]  Oh, that's kind of a reasonable person of ordinary prudence would look at that and say, that's deliberate.
[01:55:32.340 --> 01:55:34.340]  That would work.
[01:55:34.340 --> 01:55:40.340]  And that's the standard reasonable person of ordinary prudence.
[01:55:40.340 --> 01:55:42.340]  Okay.
[01:55:42.340 --> 01:55:47.340]  So I'm going to charge you the clerk with the...
[01:55:47.340 --> 01:56:01.340]  Brett, in terms of the government documents, one thing is putting a wrong false address on it, but there should be more than that.
[01:56:01.340 --> 01:56:05.340]  This is a denial of due, because this would be official misconduct.
[01:56:05.340 --> 01:56:12.340]  They just fall into that official misconduct because they're not doing their job and it's intentional.
[01:56:12.340 --> 01:56:13.340]  Yeah.
[01:56:13.340 --> 01:56:16.340]  It could also be civil and intentional tort.
[01:56:16.340 --> 01:56:22.340]  They don't have any immunity when it's an intentional tort.
[01:56:22.340 --> 01:56:24.340]  Then you send them a tort letter.
[01:56:24.340 --> 01:56:31.340]  Generally, when you sue a governmental entity, you have to give them notice and opportunity to cure.
[01:56:31.340 --> 01:56:36.340]  You write your suit against them and take the court heading off and replace it with a business letter heading.
[01:56:36.340 --> 01:56:55.340]  Take the prayer out of the bottom and replace it with prayer or just change the heading for prayer to make me wholly be sued.
[01:56:55.340 --> 01:57:04.340]  Make it turn you to remedy and turn it to remedy and then state, make me whole in this amount or be sued.
[01:57:04.340 --> 01:57:13.340]  Send it to them and they'll let the lawyer look at it and they'll say, these guys already wrote the suit, so he's not screwing around here.
[01:57:13.340 --> 01:57:18.340]  But they'll ignore it, but you have to do that 60 days before you can sue them.
[01:57:18.340 --> 01:57:22.340]  So that'll tell them you're getting prepared to sue them.
[01:57:22.340 --> 01:57:24.340]  Okay.
[01:57:24.340 --> 01:57:26.340]  All right.
[01:57:26.340 --> 01:57:28.340]  Okay.
[01:57:28.340 --> 01:57:30.340]  We are Ada.
[01:57:30.340 --> 01:57:32.340]  Can you call back tomorrow night?
[01:57:32.340 --> 01:57:35.340]  We are about out of time.
[01:57:35.340 --> 01:57:37.340]  Thank you all for listening.
[01:57:37.340 --> 01:57:42.340]  We'll be back tomorrow night on our regular four hour info marathon.
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[01:57:51.340 --> 01:58:06.340]  They helped keep the show on the air and there is one particular problem that we're having on the logo studio network site is Randy's beer fund.
[01:58:06.340 --> 01:58:10.340]  Randy's beer fund is pathetic.
[01:58:10.340 --> 01:58:12.340]  Yes, we do.
[01:58:12.340 --> 01:58:26.340]  All kidding aside, I can't drink that beer anymore. It all goes to do that as a just a running joke, but we really do need help keeping the show running because for the most part we pay for it out of our own pockets.
[01:58:26.340 --> 01:58:31.340]  And sometimes it gets a little more sparse around here than others.
[01:58:31.340 --> 01:58:36.340]  So we need all the help we can get from you folks. We appreciate your listening.
[01:58:36.340 --> 01:58:42.340]  And we'll be back tomorrow night. And I screwed that outro up completely.
[01:58:42.340 --> 01:58:45.340]  You want to fix that, Brett?
[01:58:45.340 --> 01:59:07.340]  Thank you. Have a good night.
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