[00:00.000 --> 00:07.120]  The following news flash is brought to you by the Lone Star Lowdown.
[00:07.120 --> 00:13.520]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.520 --> 00:21.720]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.720 --> 00:29.960]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.960 --> 00:41.640]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.640 --> 00:52.880]  In history the year 1916 the preparedness day bombing a time suitcase bomb was detonated on
[00:52.880 --> 00:58.560]  market street in San Francisco during the World War I preparedness day parade killing 10 and
[00:58.560 --> 01:07.760]  entering 40. Today in history. In recent news since Governor Greg Abbott signed House Bill
[01:07.760 --> 01:13.440]  1325 legalizing Hemp in a taxes law back in June county prosecutors around the state including
[01:13.440 --> 01:18.160]  Houston, Austin, San Antonio have been dropping marijuana possession charges and even refusing
[01:18.160 --> 01:22.640]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.640 --> 01:27.520]  equipment to test the earth for THC. Margaret Moore the Travis County District Attorney
[01:27.520 --> 01:31.520]  announced earlier this month that she was dismissing 32 felony possession and delivery
[01:31.520 --> 01:36.200]  of marijuana cases because of the law. Mr. Abbott and other state officials including
[01:36.200 --> 01:40.200]  the Attorney General stipulated in a letter to county district attorneys back on Thursday
[01:40.200 --> 01:44.800]  that marijuana has not been decriminalized in Texas and that these actions demonstrate
[01:44.800 --> 01:50.720]  a misunderstanding of how HB 1325 works as well as other cities too like the district
[01:50.720 --> 01:56.920]  attorney in El Paso, Cayman Esparza a Democrat who also stated earlier this month that the
[01:56.920 --> 02:02.840]  law quote will not have an effect on the prosecution of marijuana cases in El Paso. However the
[02:02.840 --> 02:07.520]  issue was succinctly summarized by Mr. Brandon Ball an assistant public defender in Harris
[02:07.520 --> 02:12.320]  County who stated that quote the law is constantly changing on what makes something illegal based
[02:12.320 --> 02:16.840]  on its chemical makeup. It's important that if someone is charged with something the test
[02:16.840 --> 02:25.480]  matches what they're charged with. A paper by Tulane University identified a five and
[02:25.480 --> 02:30.960]  a half inch American pocket shark as the first of its kind in the Gulf of Mexico. The specimen
[02:30.960 --> 02:36.400]  being only the second pocket shark ever captured or recorded with the other one being found
[02:36.400 --> 02:41.480]  way back in 1979 in the East Pacific Ocean. According to the university paper the shark
[02:41.480 --> 02:47.880]  secretes a lumus fluid from a gland near its front fins for the purpose it is hypothesized
[02:47.880 --> 02:58.440]  to lure and prey who may be drawn into the glow. This is Ruth Rody with your lowdown
[02:58.440 --> 03:10.440]  for July 22nd, 2019.
[03:10.440 --> 03:23.280]  I came in
[03:23.280 --> 03:33.280]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:33.280 --> 03:38.280]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[03:38.280 --> 03:44.280]  When you were eight and you had that tree, you go to school and learn the golden rules
[03:44.280 --> 03:47.280]  So why are you acting like a bloody fool?
[03:47.280 --> 03:55.280]  You keep it hot thingin boys, just cool, bad boys, bad boys, what you gonna do, oh what you gonna do when they come for you?
[03:55.280 --> 04:00.280]  Bad boys, bad boys, what you gonna do, oh what you gonna do when they come for you?
[04:00.280 --> 04:03.280]  You kick John Noble, you kick John Noble, is this one?
[04:03.280 --> 04:09.280]  It's not you kick John Noble, you kick John Noble, you kick John Noble, is this one?
[04:09.280 --> 04:11.280]  You kick John Noble, is this one?
[04:11.280 --> 04:16.280]  Bad boys, bad boys, what you gonna do, what you gonna do when they come for you?
[04:16.280 --> 04:30.280]  Okay, howdy, howdy, Randy Kelton, Brett Souton, Root of Raw Radio on this, What Day is it,
[04:30.280 --> 04:31.280]  Brett?
[04:31.280 --> 04:32.280]  It's the 29th of April, 2021.
[04:32.280 --> 04:33.280]  Thursday.
[04:33.280 --> 04:36.280]  Did I get that right?
[04:36.280 --> 04:39.280]  I'm an annoying Brett today.
[04:39.280 --> 04:41.280]  Today's my annoying Brett day.
[04:41.280 --> 04:42.280]  Okay.
[04:42.280 --> 04:49.280]  Today is the 29th day of April, 2020, our Thursday two hour show.
[04:49.280 --> 04:52.280]  I have the call lines turned on.
[04:52.280 --> 04:55.280]  If you have a question or comment, give us a call.
[04:55.280 --> 05:01.280]  But one thing, once the show is over, if you're online, please do not hang on.
[05:01.280 --> 05:03.280]  It burns up our minutes and we have to pay for that.
[05:03.280 --> 05:08.280]  Some people just stay on the line and listen to our archives and it costs us.
[05:08.280 --> 05:13.280]  These phone lines cost us the time you're on.
[05:13.280 --> 05:16.280]  Give us a call.
[05:16.280 --> 05:19.280]  I'm getting my tongue tangled.
[05:19.280 --> 05:21.280]  A lot has been going on.
[05:21.280 --> 05:29.280]  I was just at an extremely frustrating hearing today.
[05:29.280 --> 05:33.280]  This patriot mythology is still around.
[05:33.280 --> 05:45.280]  I had someone today who considers herself to be very knowledgeable in this stuff.
[05:45.280 --> 05:56.280]  She went in court today and gave the judge absolutely zero option and forced the judge
[05:56.280 --> 05:57.280]  to throw her in jail.
[05:57.280 --> 06:00.280]  Now she's in jail for 30 days.
[06:00.280 --> 06:03.280]  I watched for about 10 minutes and I just couldn't watch anymore.
[06:03.280 --> 06:05.280]  I got him walked out.
[06:05.280 --> 06:11.280]  It was extremely disappointing.
[06:11.280 --> 06:19.280]  Speaking of extremely disappointing, Ted, where have you been?
[06:19.280 --> 06:21.280]  Howdy, howdy.
[06:21.280 --> 06:27.280]  I've been a little busy.
[06:27.280 --> 06:28.280]  What's up?
[06:28.280 --> 06:30.280]  Howdy.
[06:30.280 --> 06:41.280]  Well, you know, I sued on a right of review to produce a valid force amendment for arrest warrant in the U.S.
[06:41.280 --> 06:53.280]  District Court and here in San Jose and Judge Lucy Coe, famous for not giving us access to our court,
[06:53.280 --> 06:57.280]  not even giving you a first hearing.
[06:57.280 --> 07:04.280]  So all I wanted her to do was to thumbs up or thumbs down.
[07:04.280 --> 07:07.280]  Do they have a valid force amendment arrest warrant or not?
[07:07.280 --> 07:09.280]  I know they don't.
[07:09.280 --> 07:12.280]  But she decided to pass.
[07:12.280 --> 07:18.280]  You did read her nine-page opinion in the past, Randy, and you said there were some good things in there for me,
[07:18.280 --> 07:25.280]  including the fact that she put in all capital letters dismissed without prejudice.
[07:25.280 --> 07:32.280]  Basically telling me to come back after the instant case resolved.
[07:32.280 --> 07:41.280]  I went ahead and appealed that at the Ninth Circuit, yes, the Nutty Ninth.
[07:41.280 --> 07:54.280]  And they put out an order asking me to either dismiss the case or file a statement explaining why the appeal is not frivolous.
[07:54.280 --> 08:10.280]  So I just finished that today and I started out this document with the definition of frivolous by Cornell Law School.
[08:10.280 --> 08:20.280]  And then I went into the actual thing and if you've got about three minutes, I can read it.
[08:20.280 --> 08:22.280]  Yes.
[08:22.280 --> 08:24.280]  Okay.
[08:24.280 --> 08:35.280]  So after the definition of what frivolous is, I said, and one of the definitions is the factual contention are clearly baseless.
[08:35.280 --> 08:43.280]  So I started out with the factual contention here is there is no valid force amendment arrest warrant.
[08:43.280 --> 08:48.280]  And the plaintiff is seeking the court's opinion and findings under a right of review.
[08:48.280 --> 09:00.280]  The U.S. District Court failed its duty to process plaintiff's right of review and failed to act on the ongoing violations of plaintiff's reasonable expectation of due process and constitutional rights.
[09:00.280 --> 09:08.280]  The court being made aware of the violations and the failure to act to stop the violations now make the court a party to the wrongful acts.
[09:08.280 --> 09:22.280]  The court, the correct course on a finding of violations must be a writ of mandate to the inferior court, in this case the Superior Court Seneca County case number C1503585.
[09:22.280 --> 09:33.280]  Further, plaintiff has discovered payments to the Superior Court judges by the county, making it an impossibility for plaintiff to get a fair hearing.
[09:33.280 --> 09:46.280]  A right of review by its nature cannot be frivolous, and in the incident matter the issue is constitutional due process, bill of rights, and the ongoing violations of those plaintiff's appellant rights by defendant.
[09:46.280 --> 09:56.280]  The matter on appeal before this court is not frivolous, on February 11 of 2015 a false arrest of plaintiff's appellant Sidney T. Scarlett occurred.
[09:56.280 --> 10:04.280]  The arrest of an appellant has never been proven not to be a false arrest, and once an arrest is contested to be a false arrest, the arrest is considered false until proven otherwise.
[10:04.280 --> 10:11.280]  No proof has been submitted, and no proof exists in the inferior court records to your court Seneca County.
[10:11.280 --> 10:21.280]  Further, plaintiff appellant has repeatedly challenged an open court on the record in in pleadings, and no proof of jurisdiction has been submitted to the court by defendant.
[10:21.280 --> 10:35.280]  The defendant refuses to answer formal requests for discovery, refuses to produce witness lists, refuses to name an injured party, refuses to answer bill of particulars that have been demanded four times over the past year.
[10:35.280 --> 10:55.280]  The defendant even failed to produce and failed to appear at plaintiff's motion hearing demanding proof on the court record that a valid statutory code was being charged, and the defendant has committed numerous Brady violations, which are discovery violations.
[10:55.280 --> 11:13.280]  The underlying false charge, PC 115, recording a quick claim deed is a legal impossibility, the subject property owned by plaintiff for 32 years at the time, and county records show plaintiff as record title holder on the day of the alleged offense, June 13, 2014.
[11:13.280 --> 11:24.280]  Further, plaintiff was in peaceful, uninterrupted possession of subject property as his private residence for 32 years ongoing.
[11:24.280 --> 11:35.280]  What is before this honorable court is an appeal from an opinion from the United States District Court, Northern District of California Honorable Lucy H. Cove, in plaintiff's action for right of review.
[11:35.280 --> 11:42.280]  What plaintiff is seeking is the right of review for lack proof of a valid Fourth Amendment arrest warrant.
[11:42.280 --> 11:58.280]  Plaintiff contends there is no valid Fourth Amendment arrest warrant, defendant and deputy DA prosecutor, Amir Alamezadeh, refuses to produce and failed to produce a valid Fourth Amendment arrest warrant after more than four years of plaintiff demanding it be produced,
[11:58.280 --> 12:09.280]  and after a writ of habeas court proceeding of failure to produce a valid arrest warrant and admission no valid arrest warrant exists, triggered plaintiff to file a right of review.
[12:09.280 --> 12:19.280]  This appeal and right of review are not frivolous. There is one basic question before the court. Is there a valid Fourth Amendment arrest warrant in case number C150358?
[12:19.280 --> 12:27.280]  Plaintiff demands a right of review for the violation of his reasonable expectation of constitutional rights and due process rights.
[12:27.280 --> 12:36.280]  As written on page two of this document, plaintiff discovered payments to the Superior Court judges by the county of Santa Clara making it an impossibility for plaintiff to get a fair hearing.
[12:36.280 --> 12:44.280]  There is an absolute conflict of interest, and in fact the judges have become interested parties by accepting these payments.
[12:44.280 --> 12:58.280]  The judges' failure to disclose these payments to the public that a reasonable member of the public would consider a conflict of interest and undue influence over the judges by the county prosecutor, I believe, caused my case not to be dismissed long ago.
[12:58.280 --> 13:20.280]  I believe the judges have accepted these substantial payments from the county and failed to properly disclose these payments, are a violation of California Criminal Code and Federal Code 18 U.S. Code 1341, which is swindles, frauds and swindles, and the right to fair representation.
[13:20.280 --> 13:31.280]  I request this court considers proceeding statement serious and a referral for appropriate action, including referral to the Attorney General of California and the U.S. Attorney General.
[13:31.280 --> 13:33.280]  Inclusion.
[13:33.280 --> 13:49.280]  Therefore, a plaintiff appellant prays that the above action proceed and the court give this instant case right of review its full constitutional due process under the 1st, 4th, 5th, 6th and 8th Amendment to the United States Constitution, the Bill of Rights, and legal due process underlaw.
[13:49.280 --> 14:07.280]  Upon finding of truth to the statements herein, issue a writ of mandate to the Superior Court to cease and desist. Further, for the court to take notice of the extreme duration of the case, almost seven years from alleged offense, June 13, 2014, and six years, three months from arrest and charges,
[14:07.280 --> 14:15.280]  on its face is cruel and unusual, prosecutorial misconduct and the abuse has caused plaintiff too hard attack.
[14:15.280 --> 14:23.280]  This case screams for this court to intervene before this misguided prosecution causes plaintiff death.
[14:23.280 --> 14:45.280]  And then the formalities of, you know, signing off and, you know, certifying it and so on and compliance with the rules and the number of words and a certificate of service on the county lawyer that's representing the DA and, of course, Lucy Cole at the U.S. District Court.
[14:45.280 --> 14:46.280]  Guys.
[14:46.280 --> 14:47.280]  Wow.
[14:47.280 --> 14:53.280]  That is how it is done.
[14:53.280 --> 15:04.280]  And I kept on thinking Ted, I kept on thinking you were going to say that was going to be the end might drop. That's enough. But you kept on and furthermore, that was just beautiful.
[15:04.280 --> 15:31.280]  And furthermore, I left out Brett, and that was the DA, Jeffrey Francis Ruth Rosen, is abusing his office and has a custom and practice of abuse of his office for his vendetta against his critics and that he's had his knee on my neck for more than six years.
[15:31.280 --> 15:34.280]  You had knee on your neck.
[15:34.280 --> 15:35.280]  Part out.
[15:35.280 --> 15:36.280]  Nice reference.
[15:36.280 --> 15:38.280]  Well done.
[15:38.280 --> 15:42.280]  I left that part out though.
[15:42.280 --> 15:45.280]  You had plenty.
[15:45.280 --> 15:54.280]  You could put in more than would be useful. That's a nice job. The eighth grader could listen to that and understand what you're talking about.
[15:54.280 --> 16:08.280]  The intention is when the nice circuit dismisses this, we're going to go right to the Supreme Court.
[16:08.280 --> 16:14.280]  And this is the kind of thing that supreme just might pick up.
[16:14.280 --> 16:25.280]  Well, it's, you know, it's about liberty and cool and unusual punishment, violation of constitutional rights and due process.
[16:25.280 --> 16:33.280]  Unless none of that applies in this country anymore, which we're getting there.
[16:33.280 --> 16:36.280]  Just hope we're not there yet.
[16:36.280 --> 16:44.280]  Hang on Ted, Randy Kelton, Brett Fountain, rule of law radio, we called in number five.
[16:44.280 --> 16:47.280]  I'm not going to give that out. We got a full board of callers.
[16:47.280 --> 16:49.280]  So hang on.
[16:49.280 --> 17:04.280]  We'll pick this up when we get back on the other side.
[17:04.280 --> 17:11.280]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works.
[17:11.280 --> 17:16.280]  Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated.
[17:16.280 --> 17:18.280]  Everything helps to keep us on the air.
[17:18.280 --> 17:24.280]  From Central Texas Gun Works, the grand prize up for grabs is the Spikes Tactical AR-15.
[17:24.280 --> 17:27.280]  More prizes and sponsors to be announced.
[17:27.280 --> 17:30.280]  Every $25 donation is a chance to win.
[17:30.280 --> 17:35.280]  When you purchase Randy Kelton's e-book, Legal 101, you get four chances to win.
[17:35.280 --> 17:39.280]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[17:39.280 --> 17:48.280]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can keep bringing you the best quality programming on talk radio today.
[17:48.280 --> 17:51.280]  We also accept Bitcoin and other cryptocurrencies.
[17:51.280 --> 17:55.280]  And remember, every $25 donation is a chance to win.
[17:55.280 --> 18:00.280]  Go to LogosRadioNetwork.com for details and donate today.
[18:00.280 --> 18:05.280]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.280 --> 18:11.280]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.280 --> 18:14.280]  Our goal is in accord with Matthew 516.
[18:14.280 --> 18:21.280]  Let your light so shine before men that they may see your good works and glorify your Father which is in heaven.
[18:21.280 --> 18:26.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.280 --> 18:34.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[18:34.280 --> 18:41.280]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[18:41.280 --> 18:48.280]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[18:48.280 --> 19:00.280]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the Scriptures.
[19:18.280 --> 19:23.280]  Logos Radio Network will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[19:23.280 --> 19:28.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[19:28.280 --> 19:36.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[19:36.280 --> 19:42.280]  Logos Radio Network will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[19:42.280 --> 19:48.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[19:48.280 --> 19:54.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[19:54.280 --> 20:00.280]  Logos Radio Network will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[20:00.280 --> 20:06.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[20:06.280 --> 20:12.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[20:12.280 --> 20:18.280]  Logos Radio Network will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[20:18.280 --> 20:24.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[20:24.280 --> 20:30.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[20:30.280 --> 20:36.280]  I guess I could have signed it parking up the wrong cowboy.
[20:36.280 --> 20:58.280]  Anyway, that's all I have guys and if you have a busy night, we can keep it real short. I know there's people wanting to talk and this, you know, this show is what I give a lot of credit to being able to write that.
[20:58.280 --> 21:04.280]  And to continue this fight.
[21:04.280 --> 21:12.280]  And this is a very important show or very important information that's shared here.
[21:12.280 --> 21:19.280]  And the only way to get better is to continually tune in and learn and listen to other people's cases as well.
[21:19.280 --> 21:31.280]  Brett, you're phenomenal. Even the small amount of stuff that you talked about on the show, you know, it's inspiring.
[21:31.280 --> 21:40.280]  And like I've told Randy before, I don't know if I've made it this far.
[21:40.280 --> 21:47.280]  And I really appreciate the conversations and the things that have been shared with me.
[21:47.280 --> 21:52.280]  And make no mistake to everybody listening.
[21:52.280 --> 21:58.280]  I ultimately these people have all the power. They have the guns and the prison.
[21:58.280 --> 22:02.280]  And there's a lot of scoundrels out there.
[22:02.280 --> 22:16.280]  And they'll do what they're going to do. And just like this case today for you, Randy, where I've sat there and cringed while people have done things in court as well.
[22:16.280 --> 22:24.280]  And that's again why people need to listen to this show and learn.
[22:24.280 --> 22:35.280]  And I always try to stay humble because it ain't over till the fat ladies think it ain't over yet.
[22:35.280 --> 22:38.280]  Okay. Thanks a lot, Ted. And keep it up.
[22:38.280 --> 22:41.280]  Ted has been through a lot over the last seven years.
[22:41.280 --> 22:50.280]  And I'm amazed at how well he's hung on and stayed after these guys. They absolutely picked on the wrong cowboy this time.
[22:50.280 --> 22:57.280]  So hang in there, Ted. Now we're going to go to Betsy in Georgia.
[22:57.280 --> 23:02.280]  Hello, Betsy. What do you have for us today?
[23:02.280 --> 23:08.280]  Hello, guys. And thank you for inviting me on the show.
[23:08.280 --> 23:19.280]  I am very, very new to this. And I have my daughter and my husband. We all live together.
[23:19.280 --> 23:27.280]  First, my husband was charged with indecent public indecentry.
[23:27.280 --> 23:39.280]  And they came to our home, picked cops, and arrested him. No, I'm fired. They didn't arrest him. I texted him and told him not to come home.
[23:39.280 --> 23:48.280]  So let me see how I can make this story short. Basically, when he got home, he went on ahead and turned himself in.
[23:48.280 --> 23:58.280]  And so I had to tell you that one. Let me tell you about my daughter and then I'm going to tell you how I started the process that I learned from our funds.
[23:58.280 --> 24:03.280]  So my daughter had two DUI cases.
[24:03.280 --> 24:16.280]  The most recent event that took place, we filed affidavit of status. We filed affidavit of fact, objections to appearing the court way before the court date.
[24:16.280 --> 24:21.280]  And I was working on both my daughter and my husband affidavit at the same time.
[24:21.280 --> 24:31.280]  And when I saw the paperwork along with do the job, they picked my daughter up on Tuesday. They picked her up on a bench warrant.
[24:31.280 --> 24:46.280]  And so I'm sorry, guys, I'm just so scatterbrained because it's overwhelming. I know it's overwhelming. I get it. It's, yeah, don't worry.
[24:46.280 --> 24:53.280]  When a judge says no bond, that's scary. It's like they break you down into submission.
[24:53.280 --> 25:02.280]  I'm not scared of them, but this is scary. You see, and my daughter was like, I had her fire her turn, everything.
[25:02.280 --> 25:10.280]  And she trusted me and I feel like I failed her. But I still, you know, believe in everything that I've been doing.
[25:10.280 --> 25:22.280]  So I don't know who that was to tell me about the heaviest corpus, but I found that and I felt so good about it.
[25:22.280 --> 25:33.280]  And I went down there yesterday and, you know, asked them to not, you know, to see the judge. So they moved that up today instead of just no date at all.
[25:33.280 --> 25:43.280]  So I was happy about that. And so when he saw her today in the hearing, I was there with her.
[25:43.280 --> 25:59.280]  And he basically said he told my daughter that he has a jurisdiction over her and that he recommends that she get an attorney because everything that she found doesn't have any legal standing in their court.
[25:59.280 --> 26:12.280]  And that is very clear that she doesn't know a lot. And he was like, the only way he would even consider a bond is with an attorney.
[26:12.280 --> 26:23.280]  So I'm going to suggest that you get an attorney.
[26:23.280 --> 26:33.280]  We can help you handle the attorney. But if your daughter has two DUIs, she's looking a serious jail time.
[26:33.280 --> 26:50.280]  Consider the judge's position. I've got someone with two DUIs. If he lets her out and she celebrates getting out of jail and gets on the road drunk and hits a cartel to people, the judge's career is over.
[26:50.280 --> 26:58.280]  And even if it's not his career, if someone gets killed by her, then it's his fault.
[26:58.280 --> 27:09.280]  First DUI is one thing, but the second DUI is really a big deal. You really need counsel. We try to help people. We show them things to do.
[27:09.280 --> 27:24.280]  But there are times when you do not want to take this in your hands, you need a lawyer to go in there and get your daughter a deal that keeps her from going to jail for the next 10 or 15 years.
[27:24.280 --> 27:36.280]  Then once you get the deal and get out of jail, then you can go back and address anything you think was improper. Liberty first.
[27:36.280 --> 27:48.280]  Okay. And then the first DUI is in another county. And that has been closed out.
[27:48.280 --> 28:01.280]  The issue is not that it's somewhere else. The issue is that she got it. That indicates a pattern of driving while intoxicated, and that's what's skewering the judge.
[28:01.280 --> 28:12.280]  If he puts her back on the road and she subsequently gets in an accident, an alcohol-related accident, the blame's going to be on the judge.
[28:12.280 --> 28:21.280]  Or the judge has probably got kids out there. If she hits someone and hurts someone, the judge will blame himself.
[28:21.280 --> 28:28.280]  So it may not be that the system is a bad guy in this case.
[28:28.280 --> 28:40.280]  I understand you're looking at it and this is your daughter and this is a real concern for you, but if you're going to be able to address this effectively,
[28:40.280 --> 28:48.280]  you need to step outside yourself and step in the shoes of the prosecutor and of the judge.
[28:48.280 --> 28:49.280]  Okay.
[28:49.280 --> 28:57.280]  What would you do if you were the prosecutor and the judge and you had this particular litigant?
[28:57.280 --> 29:09.280]  Now you need to understand where the judge lives so you can better address the issues with him, especially when you're this vulnerable.
[29:09.280 --> 29:14.280]  Now, if you listen to our show a lot, we've got people who like to fight.
[29:14.280 --> 29:17.280]  We've got Tina, who's going to be up next.
[29:17.280 --> 29:24.280]  Tina's been beating these guys up for a long time, but her liberty is not at risk.
[29:24.280 --> 29:34.280]  I've got Mary after her and I thought I was going to have to pull Mary off the Capitol Police after the Senate Subcommittee hearing.
[29:34.280 --> 29:41.280]  I thought she was going to get us both put in jail, but hang on, we'll pick us up on the other side.
[29:41.280 --> 29:51.280]  I am concerned that if she's not careful and the judge throws a book at her, she'll go to jail for a long time.
[29:51.280 --> 29:55.280]  So we need to tip-y-toe around this with Randy Kelton, Brett Felton.
[29:55.280 --> 30:01.280]  When we leave our radio, we'll be right back.
[30:01.280 --> 30:06.280]  Businesses ask you for a lot of personal information and you may trust them to keep it safe,
[30:06.280 --> 30:11.280]  but it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.280 --> 30:15.280]  I'm Dr. Catherine Albrecht and I'll be right back with details.
[30:15.280 --> 30:21.280]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:21.280 --> 30:26.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.280 --> 30:31.280]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:31.280 --> 30:34.280]  Privacy, it's worth hanging on to.
[30:34.280 --> 30:41.280]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.280 --> 30:45.280]  Start over with StartPage.
[30:45.280 --> 30:52.280]  Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information.
[30:52.280 --> 30:55.280]  But what happens if it escapes their control?
[30:55.280 --> 31:04.280]  According to a recent survey, a shocking 90% of U.S. companies admit their security was breached by hackers in the last year.
[31:04.280 --> 31:08.280]  That's one more reason you should trust your searches to StartPage.com.
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[31:12.280 --> 31:18.280]  They've never been hacked, but even if they were, there would be nothing for criminals to see. The cupboard would be bare.
[31:18.280 --> 31:21.280]  Too bad other companies don't treat your data the same way.
[31:21.280 --> 31:26.280]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:51.280 --> 31:53.280]  I believe there is more to the story.
[31:53.280 --> 31:58.280]  Bring justice to my son, my uncle, my nephew, my son. Go to BuildingWhat.org.
[31:58.280 --> 32:26.280]  Why it sells, why it matters, and what you can do.
[32:26.280 --> 32:36.280]  Former sheriff's deputy, A. Craig, in conjunction with Rule of Law Radio, has put together the most comprehensive teaching tool available that will help you understand what due process is and how to hold courts to the rule of law.
[32:36.280 --> 32:41.280]  You can get your own copy of this invaluable material by going to ruleoflawradio.com and ordering your copy today.
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[32:55.280 --> 33:02.280]  By ordering your copy today and together, we can have free society we all want and deserve.
[33:02.280 --> 33:12.280]  Live free speech radio, LogosRadioNetwork.com.
[33:12.280 --> 33:26.280]  Yes, Mr. Office, I've just taken you by the hand. Won't you follow the law of the land? I don't understand.
[33:26.280 --> 33:53.280]  Okay, we are back, Brandy Kelton, Brett Fountain, Rule of Law Radio, and Bessie, these kinds of calls really concern me.
[33:53.280 --> 34:02.280]  Because this is someone's liberty, and I really like to go after these guys.
[34:02.280 --> 34:07.280]  But when somebody's liberty is at risk, that's a whole different issue.
[34:07.280 --> 34:26.280]  I was in a court this morning, and I watched a woman use some of these patriot arguments and gave the judge absolutely no option but to throw her in jail for 30 days.
[34:26.280 --> 34:34.280]  It was incredibly frustrating. She could have gotten this resolved relatively easily.
[34:34.280 --> 34:39.280]  So we don't always have to fight with them?
[34:39.280 --> 34:41.280]  Yeah.
[34:41.280 --> 34:45.280]  Here's not a place to fight.
[34:45.280 --> 34:52.280]  So I called the lawyer, Bessie, fired, and he's willing to take her back.
[34:52.280 --> 34:56.280]  Oh, good. He will get her a deal.
[34:56.280 --> 34:58.280]  Okay.
[34:58.280 --> 35:06.280]  Then if you think to stop this, Bogus, if you think that was all wrong, you can challenge that after you get the deal.
[35:06.280 --> 35:07.280]  Right.
[35:07.280 --> 35:13.280]  Right. Challenge the cops, everything about the officers, anything that they did that was criminal out of order.
[35:13.280 --> 35:17.280]  Yes, deal with all of that after she's safe.
[35:17.280 --> 35:30.280]  Yes, because I mean, I did, I begged the judge to please, please give her a bun, and he said the only way I would consider it is for her to get a attorney.
[35:30.280 --> 35:34.280]  Okay.
[35:34.280 --> 35:38.280]  My suggestion, do exactly that.
[35:38.280 --> 35:43.280]  If you get a criminal charge against you and you hire an attorney,
[35:43.280 --> 35:47.280]  the only thing the attorney is going to do is try to make a deal with the prosecutor.
[35:47.280 --> 35:49.280]  That's what they all do.
[35:49.280 --> 35:59.280]  Now, if it's not something that will put you in jail for a long time and you want to fight them, great, wonderful, go do it.
[35:59.280 --> 36:07.280]  But this is where the deal will work more in your favor.
[36:07.280 --> 36:13.280]  If this is her second DUI, she could get, if it was Texas, I think either 10 or 15 years.
[36:13.280 --> 36:18.280]  Third DUI is 25 years to life.
[36:18.280 --> 36:22.280]  So it gets real serious real fast.
[36:22.280 --> 36:23.280]  Oh, man.
[36:23.280 --> 36:24.280]  So you want...
[36:24.280 --> 36:29.280]  If you filed a judicial complaint against the judge, is that going to cause her any harm?
[36:29.280 --> 36:31.280]  Say that again?
[36:31.280 --> 36:36.280]  I filed a judicial complaint yesterday on the judge.
[36:36.280 --> 36:43.280]  Probably not the best strategic move.
[36:43.280 --> 36:46.280]  Oh, my God.
[36:46.280 --> 36:51.280]  But whatever is done is done.
[36:51.280 --> 36:52.280]  Also not the worst, though.
[36:52.280 --> 36:57.280]  Yeah, not the worst, not the worst.
[36:57.280 --> 37:02.280]  I would suggest not doing that anymore until we can get these things off.
[37:02.280 --> 37:14.280]  It may help because the judge may want to just get this case out of his hand so he doesn't have any more complaints filed against him.
[37:14.280 --> 37:21.280]  Generally, you wouldn't expect the judge to retaliate.
[37:21.280 --> 37:24.280]  The litigant, your daughter didn't file the complaint.
[37:24.280 --> 37:26.280]  The mother did.
[37:26.280 --> 37:35.280]  And have the mother, have the daughter tell the judge, oh, my mom, you know how moms are.
[37:35.280 --> 37:37.280]  I can't get her under control.
[37:37.280 --> 37:45.280]  He knows that I'm doing it because he said, he knows that there's needs behind the scene doing this.
[37:45.280 --> 37:48.280]  Yeah, so that may...
[37:48.280 --> 37:52.280]  He may want to just get this off of his plate.
[37:52.280 --> 38:01.280]  And let her get a lawyer and that opens the door so he can make a deal and get this thing out of his court.
[38:01.280 --> 38:04.280]  But you don't have any option here.
[38:04.280 --> 38:08.280]  You need to get a deal and get her out of jail.
[38:08.280 --> 38:10.280]  Okay.
[38:10.280 --> 38:21.280]  And if they, as a condition, they want to put one of these breathalysers on her admission, tell her not to argue.
[38:21.280 --> 38:23.280]  Okay.
[38:23.280 --> 38:30.280]  The second DUI, they're going to be extremely cautious about letting her back out.
[38:30.280 --> 38:32.280]  Okay.
[38:32.280 --> 38:39.280]  So don't argue with them, absolutely, whatever you ask, because she could go away a long time.
[38:39.280 --> 38:41.280]  Okay.
[38:41.280 --> 38:43.280]  Okay.
[38:43.280 --> 38:45.280]  I wish I had better news for you.
[38:45.280 --> 38:51.280]  If you listen to our show, we just revel in beating these guys up.
[38:51.280 --> 38:52.280]  Yeah.
[38:52.280 --> 38:56.280]  What we do in Georgia, what I've seen is they want money.
[38:56.280 --> 38:58.280]  They don't want jail time.
[38:58.280 --> 39:00.280]  They want money.
[39:00.280 --> 39:03.280]  That'll work and that's what you'll have to do.
[39:03.280 --> 39:09.280]  But this is way too serious for us to have fun with.
[39:09.280 --> 39:14.280]  And it's way too serious to be in cautious with.
[39:14.280 --> 39:16.280]  Okay.
[39:16.280 --> 39:18.280]  I wish I had known this before.
[39:18.280 --> 39:20.280]  I've just seen it because she's like, mama, are you sure?
[39:20.280 --> 39:22.280]  I said, I'm sure.
[39:22.280 --> 39:34.280]  You might write a letter of apology to the judge that you acted a little impetuously.
[39:34.280 --> 39:37.280]  You say I should write a letter to the judge?
[39:37.280 --> 39:38.280]  Yeah, I would.
[39:38.280 --> 39:46.280]  I would do that and apologize for your impetuous behavior and please don't take it out on my daughter.
[39:46.280 --> 39:48.280]  Okay.
[39:48.280 --> 39:50.280]  And once she gets out, call us back.
[39:50.280 --> 39:53.280]  We can look at the circumstances and...
[39:53.280 --> 39:56.280]  Yeah, because you might be right to do all of that stuff.
[39:56.280 --> 39:58.280]  Just, it's so touchy right now.
[39:58.280 --> 39:59.280]  Yeah.
[39:59.280 --> 40:00.280]  And that's a good point.
[40:00.280 --> 40:01.280]  You may be exactly right.
[40:01.280 --> 40:05.280]  And she may not deserve this, maybe total wrongful.
[40:05.280 --> 40:08.280]  She might have gone to jail anyway.
[40:08.280 --> 40:09.280]  So first we get her out of jail.
[40:09.280 --> 40:11.280]  First we get her liberty.
[40:11.280 --> 40:16.280]  Then we go back and look if it's wrongful or not, then we can take it on.
[40:16.280 --> 40:17.280]  Okay.
[40:17.280 --> 40:18.280]  Okay.
[40:18.280 --> 40:19.280]  Okay.
[40:19.280 --> 40:24.280]  Thank you, Betsy, and keep us up to speed on how this works out.
[40:24.280 --> 40:27.280]  Okay, I will.
[40:27.280 --> 40:28.280]  Okay.
[40:28.280 --> 40:29.280]  Thank you, Betsy.
[40:29.280 --> 40:35.280]  I'm going to Brian 831.
[40:35.280 --> 40:38.280]  That's California.
[40:38.280 --> 40:39.280]  That is California.
[40:39.280 --> 40:48.280]  The area code is from the Central Coast or South Silicon Valley area.
[40:48.280 --> 40:50.280]  I'm in Stanislaus County.
[40:50.280 --> 40:51.280]  That's where I'm fighting my case.
[40:51.280 --> 40:53.280]  I have a DUI there.
[40:53.280 --> 40:59.280]  So it was, I believe, I don't have the paperwork in front of me, but July 2020, late July 2020,
[40:59.280 --> 41:02.280]  like July 26th, I did get pulled over.
[41:02.280 --> 41:05.280]  What I had done was I pulled over at a gas station.
[41:05.280 --> 41:09.280]  I was talking to two random guys that liked my car.
[41:09.280 --> 41:13.280]  And then when I exited the gas station, I tripped my tires.
[41:13.280 --> 41:18.280]  And that was more than enough probable cause for the officers to pull me over.
[41:18.280 --> 41:23.280]  They immediately approached the window and asked me if I had anything to drink, which
[41:23.280 --> 41:26.280]  I had at that time.
[41:26.280 --> 41:31.280]  And that's how the situation kind of presented itself.
[41:31.280 --> 41:34.280]  And then I decided I was going to plead the Fifth Amendment.
[41:34.280 --> 41:40.280]  Now, since then, I have learned that if you try to defend any of it, if you plead the Fifth
[41:40.280 --> 41:44.280]  Amendment and say nothing else, that is your probable best scenario.
[41:44.280 --> 41:49.280]  But if you plead the Fifth and then start answering certain questions that can incriminate you,
[41:49.280 --> 41:51.280]  that totally abolishes your Fifth Amendment.
[41:51.280 --> 41:52.280]  Right.
[41:52.280 --> 41:53.280]  Is that correct?
[41:53.280 --> 41:54.280]  Yes.
[41:54.280 --> 41:57.280]  Well, it doesn't abolish it.
[41:57.280 --> 42:00.280]  You can stop talking any time you want to.
[42:00.280 --> 42:01.280]  Right.
[42:01.280 --> 42:06.280]  So you can do that in Congress where they plead to the Fifth and then started defending the
[42:06.280 --> 42:07.280]  position.
[42:07.280 --> 42:12.280]  And they were advised that, you know, they were losing that Fifth Amendment right.
[42:12.280 --> 42:18.280]  Yes, once you've, once you plead the Fifth, had you not answered any questions, they could
[42:18.280 --> 42:20.280]  not hold that against you.
[42:20.280 --> 42:24.280]  But if you start at, you know, they can ask you all the questions they want.
[42:24.280 --> 42:25.280]  Yep.
[42:25.280 --> 42:32.280]  And I had a Capitol police tell me that he was trying to ask me questions.
[42:32.280 --> 42:34.280]  I told him, beat it.
[42:34.280 --> 42:36.280]  Ask a question again.
[42:36.280 --> 42:38.280]  I said, don't talk to me.
[42:38.280 --> 42:43.280]  He said, I can ask all the questions I want to, you don't have to answer.
[42:43.280 --> 42:47.280]  I said, okay, you ask, I'll ignore.
[42:47.280 --> 42:48.280]  Good point.
[42:48.280 --> 42:49.280]  Very good.
[42:49.280 --> 42:50.280]  You can do that.
[42:50.280 --> 42:55.280]  But if they, but they're really good at getting you to talk.
[42:55.280 --> 42:56.280]  They do.
[42:56.280 --> 43:06.280]  They'll make outrageous comments and things intended to annoy you and frustrate you and
[43:06.280 --> 43:11.280]  frighten you and get you to want to defend yourself.
[43:11.280 --> 43:12.280]  Right.
[43:12.280 --> 43:13.280]  They're pros.
[43:13.280 --> 43:14.280]  You're an amateur.
[43:14.280 --> 43:15.280]  Yes.
[43:15.280 --> 43:18.280]  So don't think you'll talk your way out of it.
[43:18.280 --> 43:22.280]  There is a great video on the internet.
[43:22.280 --> 43:27.280]  Do a search for when to talk to the police.
[43:27.280 --> 43:31.280]  It is a great video of a law professor.
[43:31.280 --> 43:33.280]  He's very animated.
[43:33.280 --> 43:35.280]  He does a very good job.
[43:35.280 --> 43:40.280]  But at the end of the day, never.
[43:40.280 --> 43:41.280]  Hang on.
[43:41.280 --> 43:43.280]  Go and do our sponsors.
[43:43.280 --> 43:45.280]  You're going to tell Brett Fountain.
[43:45.280 --> 43:47.280]  We'll do our radio.
[43:47.280 --> 43:51.280]  Call in number 512-646-1984.
[43:51.280 --> 43:53.280]  We've got one slot on the board.
[43:53.280 --> 43:55.280]  We'll be taking your calls all night.
[43:55.280 --> 44:00.280]  We'll be right back.
[44:00.280 --> 44:01.280]  I love logos.
[44:01.280 --> 44:04.280]  Without the shows on this network, I'd be almost as ignorant as my friends.
[44:04.280 --> 44:07.280]  I'm so addicted to the truth now that there's no going back.
[44:07.280 --> 44:08.280]  I need my truth pick.
[44:08.280 --> 44:10.280]  I'd be lost without logos.
[44:10.280 --> 44:13.280]  And I really want to help keep this network on the air.
[44:13.280 --> 44:16.280]  I love to volunteer as a show producer, but I'm a bit of a Luddite.
[44:16.280 --> 44:20.280]  And I really don't have any money to give because I spent it all on supplements.
[44:20.280 --> 44:22.280]  How can I help logos?
[44:22.280 --> 44:24.280]  Well, I'm glad you asked.
[44:24.280 --> 44:27.280]  Whenever you order anything from Amazon, you can help logos.
[44:27.280 --> 44:29.280]  You can order them in your supplies or holiday gifts.
[44:29.280 --> 44:31.280]  First thing you do is clear your cookies.
[44:31.280 --> 44:34.280]  Now, go to LogosRegulnetwork.com.
[44:34.280 --> 44:37.280]  Click on the Amazon logo and bookmark it.
[44:37.280 --> 44:43.280]  Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[44:43.280 --> 44:44.280]  Do I pay extra?
[44:44.280 --> 44:45.280]  No.
[44:45.280 --> 44:47.280]  Do you have to do anything different when I order?
[44:47.280 --> 44:48.280]  No.
[44:48.280 --> 44:49.280]  Can I use my Amazon Prime?
[44:49.280 --> 44:50.280]  No.
[44:50.280 --> 44:51.280]  I mean, yes.
[44:51.280 --> 44:52.280]  Wow.
[44:52.280 --> 44:54.280]  Giving without doing anything or spending any money.
[44:54.280 --> 44:55.280]  This is perfect.
[44:55.280 --> 44:57.280]  Thank you so much.
[44:57.280 --> 44:58.280]  We are welcome.
[44:58.280 --> 45:01.280]  Happy holidays, logos.
[45:28.280 --> 45:34.280]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.280 --> 45:43.280]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.280 --> 45:52.280]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.280 --> 46:01.280]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:22.280 --> 46:43.280]  Okay, we are back.
[46:43.280 --> 46:50.280]  Randy Kelton, Brett Fountain on rule of law radio and we're talking to Brian in California.
[46:50.280 --> 46:51.280]  Hello Brian.
[46:51.280 --> 46:52.280]  Okay.
[46:52.280 --> 46:53.280]  That's correct.
[46:53.280 --> 46:57.280]  I'm a little bit short on time.
[46:57.280 --> 46:59.280]  I'm more than happy to call back tomorrow.
[46:59.280 --> 47:00.280]  Here's what I want to ask you.
[47:00.280 --> 47:03.280]  I want your personal opinion on this.
[47:03.280 --> 47:09.280]  I heard you talking to the last caller regarding having a lawyer assist you with making a deal.
[47:09.280 --> 47:17.280]  I love hearing you guys mention that I can hire a lawyer and then have you guys assist me with dealing with my lawyer.
[47:17.280 --> 47:18.280]  I love that.
[47:18.280 --> 47:27.280]  So my question to you is what is your personal opinion based on your experience obviously on a public defender,
[47:27.280 --> 47:34.280]  especially in a DUI case in California, a public defender versus a private lawyer?
[47:34.280 --> 47:37.280]  I don't think there's a difference.
[47:37.280 --> 47:38.280]  Really?
[47:38.280 --> 47:43.280]  I might lean toward public defender somewhat.
[47:43.280 --> 47:45.280]  Tell me why we could.
[47:45.280 --> 47:49.280]  You're not going to like what you're about to hear.
[47:49.280 --> 47:52.280]  I'm going to like because I'm going to learn.
[47:52.280 --> 47:59.280]  In 1975, Westlaw came out with a search engine.
[47:59.280 --> 48:05.280]  Prior to that time, all your legal research was done on legal encyclopedias.
[48:05.280 --> 48:17.280]  You run a keyword on the encyclopedia like American jurisprudence and it would give you 15 or 20 cases that just about everybody used for a particular issue.
[48:17.280 --> 48:24.280]  Westlaw came along in 1975 and said, oh, you guys don't have to depend on that crappy encyclopedia.
[48:24.280 --> 48:28.280]  You can use our whizz-being tool instead of 20 or 30 cases.
[48:28.280 --> 48:31.280]  You can find 10,000.
[48:31.280 --> 48:36.280]  The worst thing for a lawyer is to miss something.
[48:36.280 --> 48:40.280]  Got to get them in trouble quicker than anything.
[48:40.280 --> 48:49.280]  But with this new search engine, you could get so many cases, you could never be sure that you had everything.
[48:49.280 --> 48:53.280]  I was talking to the second in command North Carolina bar.
[48:53.280 --> 48:59.280]  I asked her, generally, how many cases do you have to go through to find that first case on point?
[48:59.280 --> 49:02.280]  She said what every other lawyer did, 50 to 100.
[49:02.280 --> 49:10.280]  They don't have to read the whole case, but they have to go through all the head notes and see if it actually goes to their particular issue.
[49:10.280 --> 49:17.280]  I asked her, have you ever filed a motion or a pleading, no matter how much research you had done,
[49:17.280 --> 49:21.280]  that you were confident that Jack Legge on the other side didn't find the case you've missed,
[49:21.280 --> 49:25.280]  is going to come into court and wipe the floor with you?
[49:25.280 --> 49:30.280]  And she said the same thing every other lawyer did, never.
[49:30.280 --> 49:35.280]  That's what technology did to the practice of law.
[49:35.280 --> 49:38.280]  Before 75, you're probably not old enough to remember that.
[49:38.280 --> 49:44.280]  We had lawyers in general practice, like a doctor.
[49:44.280 --> 49:54.280]  After that, everybody specialized because they could find the majority of the law on a single focused point.
[49:54.280 --> 49:57.280]  But it changed something else.
[49:57.280 --> 50:00.280]  The lawyer does not want to do legal research.
[50:00.280 --> 50:05.280]  It's not because they don't like to, because it's not so profitable.
[50:05.280 --> 50:12.280]  It takes some time and they can't build as much money for that as they can some other ways.
[50:12.280 --> 50:14.280]  But it's dangerous for them.
[50:14.280 --> 50:17.280]  The lawyer misses something, even if he wins his case.
[50:17.280 --> 50:24.280]  If he doesn't win as much as he would have had he not missed something, his own client can sue him.
[50:24.280 --> 50:33.280]  So they go into focused practice and they have a set list of things that they do.
[50:33.280 --> 50:37.280]  So they go to a client, oh yeah, that's a great case, man.
[50:37.280 --> 50:38.280]  We can help you out.
[50:38.280 --> 50:41.280]  We need a retainer of this size.
[50:41.280 --> 50:52.280]  You give the lawyer the retainer and then they start what Dr. Graves and jurisdictionaries calls a flurry of motions.
[50:52.280 --> 51:00.280]  He goes to his folder and he pulls out this motion that he's filed 100 times, puts your name on it, files it, builds you for it.
[51:00.280 --> 51:08.280]  The prosecutor goes to his file and pulls out the response he's filed 100 times, signs it, returns it.
[51:08.280 --> 51:13.280]  The lawyers will do this back and forth until they use up your retainer.
[51:13.280 --> 51:15.280]  Then they want to get rid of you.
[51:15.280 --> 51:18.280]  Oh wow, this is a lot harder than we thought.
[51:18.280 --> 51:21.280]  I'm going to need three times the retainer.
[51:21.280 --> 51:24.280]  They don't want that retainer.
[51:24.280 --> 51:27.280]  They want you to go somewhere else.
[51:27.280 --> 51:33.280]  Because if they get the retainer, now they got to do legal research and for them that's a minefield.
[51:33.280 --> 51:44.280]  If you hire a lawyer in a criminal case, the lawyer is going to sit back and let the prosecutor force you to take a deal.
[51:44.280 --> 51:46.280]  He's not going to do anything.
[51:46.280 --> 51:54.280]  If you've got a public defender, this is his job.
[51:54.280 --> 52:00.280]  He's not there just to push motions back and forth and use up your retainer.
[52:00.280 --> 52:05.280]  I would lean to the public defender and generally public defenders are new lawyers.
[52:05.280 --> 52:13.280]  If a lawyer doesn't graduate top 10% of his class and all the big law firms pick those guys up.
[52:13.280 --> 52:18.280]  If he doesn't get picked up by a law firm, he don't have a clue as to how to practice law.
[52:18.280 --> 52:21.280]  They teach them how to argue legal elements.
[52:21.280 --> 52:28.280]  They don't teach them how to find clients, how to file motions with the court, get them set for hearing,
[52:28.280 --> 52:32.280]  and deal with these different judges who all have their own idiosyncrasies.
[52:32.280 --> 52:34.280]  You've got to learn that once you get started.
[52:34.280 --> 52:40.280]  If they can't get picked up by a law firm or something, they don't know how to practice law.
[52:40.280 --> 52:44.280]  They'll go sign up as a public defender.
[52:44.280 --> 52:51.280]  A public defender, the judge and the prosecutor, they're not against these guys.
[52:51.280 --> 52:57.280]  They'll help them along and they pretty well won't let the guy do anything that'll screw up his sparkart.
[52:57.280 --> 52:59.280]  So they kind of all work together.
[52:59.280 --> 53:01.280]  It's not a bad thing.
[53:01.280 --> 53:02.280]  It doesn't harm you.
[53:02.280 --> 53:03.280]  It helps you.
[53:03.280 --> 53:07.280]  It keeps making sure the lawyer doesn't screw up anything real bad.
[53:07.280 --> 53:14.280]  But he's not just there to file a bunch of documents and then blow you off.
[53:14.280 --> 53:18.280]  If he's a young lawyer, he's also much more vulnerable.
[53:18.280 --> 53:26.280]  And I used to say bar grieve your own lawyer, but I like the idea of bar grieving the lawyer on the other side.
[53:26.280 --> 53:31.280]  And that tells your lawyer, Bubba, you're next.
[53:31.280 --> 53:36.280]  And bar grievances for lawyers are kryptonite.
[53:36.280 --> 53:38.280]  Really bad news.
[53:38.280 --> 53:43.280]  First year of practice, one bar grievance, they will cancel your malpractice insurance immediately.
[53:43.280 --> 53:46.280]  Now he's a public defender.
[53:46.280 --> 53:50.280]  So he will have insurance through the state.
[53:50.280 --> 53:59.280]  But if he's got a couple bar grieves on his record, nobody's going to hire him.
[53:59.280 --> 54:02.280]  So it really stings him.
[54:02.280 --> 54:06.280]  So what you want to do is get control of your lawyer.
[54:06.280 --> 54:12.280]  And so that your lawyer can go to the courts and say, oh, judge, you got to help me out here.
[54:12.280 --> 54:18.280]  I got this unruly client that I can't control.
[54:18.280 --> 54:22.280]  I started to say a word that doesn't let me use on the radio.
[54:22.280 --> 54:26.280]  But you want your lawyer to be afraid of you.
[54:26.280 --> 54:31.280]  You want him to worry that you're going to sting him good.
[54:31.280 --> 54:35.280]  Going to court is like sitting at a four-sided chess board.
[54:35.280 --> 54:42.280]  You got your lawyer to your right, opposing counsel to your left, the judge across from you.
[54:42.280 --> 54:45.280]  You have a relationship with your lawyer.
[54:45.280 --> 54:48.280]  Your lawyer has a relationship with opposing counsel.
[54:48.280 --> 54:51.280]  Both of those lawyers have a relationship with the judge.
[54:51.280 --> 54:53.280]  You're the on-band out.
[54:53.280 --> 55:03.280]  So if you want to win your case, you need to get your lawyer in a position to where he's afraid you're going to ruin his career.
[55:03.280 --> 55:07.280]  And then he can use his relationship with these other two guys.
[55:07.280 --> 55:09.280]  You need to help me out.
[55:09.280 --> 55:11.280]  I got an unruly client.
[55:11.280 --> 55:13.280]  I'll pay you back on the next one.
[55:13.280 --> 55:19.280]  They dismissed my last case to protect my lawyer from me.
[55:19.280 --> 55:23.280]  Because I told him I'll bar-greave you in the Stone Age.
[55:23.280 --> 55:27.280]  I told him I had 19 issues before the court.
[55:27.280 --> 55:30.280]  You will adequately adjudicate every single one of them.
[55:30.280 --> 55:33.280]  You failed to adjudicate a single one on bar-greave you.
[55:33.280 --> 55:39.280]  Mr. Kelton, you would grieve me in a heartbeat.
[55:39.280 --> 55:41.280]  He said, well, I don't like to be threatened.
[55:41.280 --> 55:44.280]  I said, well, I didn't mean that as a threat.
[55:44.280 --> 55:46.280]  I meant it as a heads-up.
[55:46.280 --> 55:49.280]  But if you don't want any more heads-up, that's okay.
[55:49.280 --> 55:52.280]  We just take this as it comes.
[55:52.280 --> 55:55.280]  They dismissed the case in court.
[55:55.280 --> 55:59.280]  My lawyer prosecutors up to the bench.
[55:59.280 --> 56:05.280]  He comes out to me behind the outside the bar and said the prosecutor said she knows who you are.
[56:05.280 --> 56:09.280]  And if you start filing criminal charges, she's going to charge you with Stanford with a government document.
[56:09.280 --> 56:11.280]  And I looked over at her and said, she said that.
[56:11.280 --> 56:12.280]  She said, yes, you did.
[56:12.280 --> 56:16.280]  And reached into my case and pulled out a stack of 30 I had made up.
[56:16.280 --> 56:18.280]  I said, here, I got 30.
[56:18.280 --> 56:24.280]  I need you to get her over here to verify these complaints in accordance with her duty under Article 2.06.
[56:24.280 --> 56:25.280]  And I pointed at her.
[56:25.280 --> 56:27.280]  Yeah, get over here.
[56:27.280 --> 56:31.280]  And she scooched up against the bench like the judge would protect her.
[56:31.280 --> 56:37.280]  I turned to my lawyer and handed him the document and he held up both hands with his palms out.
[56:37.280 --> 56:39.280]  I'm not going to touch him. I'm not going to touch him.
[56:39.280 --> 56:41.280]  Take him, you're kicking.
[56:41.280 --> 56:44.280]  The judge banged the gavel, recessed for lunch.
[56:44.280 --> 56:48.280]  Before I could get my burrito, the lawyer called me a static.
[56:48.280 --> 56:51.280]  I think I was the first case he ever won.
[56:51.280 --> 56:54.280]  The judge dismissed the case.
[56:54.280 --> 56:57.280]  I said, did he dismiss it with prejudice?
[56:57.280 --> 56:58.280]  Well, no.
[56:58.280 --> 57:00.280]  Well, get back there and get that back on.
[57:00.280 --> 57:01.280]  How would that dismiss with prejudice?
[57:01.280 --> 57:03.280]  Oh, Mr. Kelton.
[57:03.280 --> 57:06.280]  Okay, I was just kidding.
[57:06.280 --> 57:17.280]  First case he won because he was just there to make sure we had a lawyer tell one of our callers this when he had frustrated the lawyer.
[57:17.280 --> 57:20.280]  He said, look, I'm not going to do all that.
[57:20.280 --> 57:26.280]  My only purpose here is to make sure that you don't have grounds for appeal.
[57:26.280 --> 57:30.280]  He said he was sitting there thinking, did he really say that?
[57:30.280 --> 57:39.280]  He's there. Your public defender is there to make sure when you make a deal, you don't have any grounds for appeal.
[57:39.280 --> 57:40.280]  That's his job.
[57:40.280 --> 57:46.280]  I said he was just wishing he never even mentioned that because it's like, wow, he just let the shit out of the bag.
[57:46.280 --> 57:49.280]  Yes, he did.
[57:49.280 --> 57:55.280]  That's the real world you and I live in.
[57:55.280 --> 57:58.280]  Wait, did we lose him?
[57:58.280 --> 58:01.280]  Yeah, it looks like we lost him.
[58:01.280 --> 58:08.280]  Okay, so anyway, if you fell off callback, we'll pick this up on the other side.
[58:08.280 --> 58:14.280]  But it is, you can get control of your lawyer because lawyers are terrified of the courts.
[58:14.280 --> 58:17.280]  And you're not dangling by your bar card.
[58:17.280 --> 58:20.280]  So if you want to win your case, we'll begin.
[58:20.280 --> 58:25.280]  I'm beginning to say, yeah, get a lawyer, but get control of your lawyer.
[58:25.280 --> 58:28.280]  Let the lawyer go in and make a deal and make this thing go away.
[58:28.280 --> 58:32.280]  Hang on, Randy Kelk and Brett Fountain move on radio.
[58:32.280 --> 58:36.280]  I'll call it number 512-646-1984.
[58:36.280 --> 58:50.280]  We'll be right back.
[58:50.280 --> 58:58.280]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.280 --> 59:06.280]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
[59:06.280 --> 59:09.280]  Enter the recovery version.
[59:09.280 --> 59:18.280]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:18.280 --> 59:28.280]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.280 --> 59:33.280]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.280 --> 59:44.280]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:44.280 --> 59:48.280]  or by ordering online at freestudybible.com.
[59:48.280 --> 59:53.280]  That's freestudybible.com.
[59:53.280 --> 01:00:01.280]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:01.280 --> 01:00:06.280]  The following use flash is brought to you by the Lone Star Lowdown.
[01:00:06.280 --> 01:00:17.280]  Markets for Monday the 22nd of July 2019, open with precious metals, gold $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:17.280 --> 01:00:29.280]  oil, Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.280 --> 01:00:46.280]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.280 --> 01:00:55.280]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on Market Street in San Francisco
[01:00:55.280 --> 01:01:00.280]  during the World War I preparedness day parade, killing 10 and injuring 40.
[01:01:00.280 --> 01:01:05.280]  Today in history.
[01:01:05.280 --> 01:01:12.280]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing hemp into taxes law back in June,
[01:01:12.280 --> 01:01:17.280]  county prosecutors around the state including Houston, Austin, and San Antonio have been dropping marijuana possession charges
[01:01:17.280 --> 01:01:24.280]  and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.280 --> 01:01:32.280]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.280 --> 01:01:33.280]  because of the law.
[01:01:33.280 --> 01:01:40.280]  Mr. Abbott and other state officials including the Attorney General stipulated in a letter to county district attorneys back on Thursday that
[01:01:40.280 --> 01:01:48.280]  marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:01:48.280 --> 01:01:57.280]  as well as other cities too like the District Attorney in El Paso, Kaima Esparza, a Democrat who also stated earlier this month that the law
[01:01:57.280 --> 01:02:02.280]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:02.280 --> 01:02:09.280]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County who stated that quote,
[01:02:09.280 --> 01:02:13.280]  the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.280 --> 01:02:18.280]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:18.280 --> 01:02:27.280]  A paper by Tulane University identified a five and a half inch American pocket shark.
[01:02:27.280 --> 01:02:36.280]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found
[01:02:36.280 --> 01:02:39.280]  way back in 1979 in the East Pacific Ocean.
[01:02:39.280 --> 01:02:49.280]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and pray
[01:02:49.280 --> 01:03:13.280]  who may be drawn into the glow.
[01:03:13.280 --> 01:03:23.280]  The first of its kind in the Gulf of Mexico, Kaima Esparza, is the first of its kind in the Gulf of Mexico.
[01:03:23.280 --> 01:03:45.280]  The first of its kind in the Gulf of Mexico, Kaima Esparza, is the first of its kind in the Gulf of Mexico.
[01:03:45.280 --> 01:04:11.280]  The first of its kind in the Gulf of Mexico, Kaima Esparza, is the first of its kind in the Gulf of Mexico.
[01:04:11.280 --> 01:04:13.280]  Okay, Brian, if you can hear us
[01:04:14.080 --> 01:04:20.520]  Call back tomorrow night. We have a four-hour show and we can go into this in more depth. I'd like to talk about this part
[01:04:21.360 --> 01:04:23.360]  Okay, we have another
[01:04:23.720 --> 01:04:29.520]  I've taken these calls because they appear to be first first-time callers. We always take those first. I have
[01:04:30.200 --> 01:04:35.000]  EJ, it looks like California of 949 area code
[01:04:35.840 --> 01:04:37.840]  Hello, EJ
[01:04:38.080 --> 01:04:40.080]  Hi, hi, Randy
[01:04:40.080 --> 01:04:45.160]  Okay, is that right? You know, sometimes our system comes up with just oddball stuff
[01:04:45.720 --> 01:04:47.720]  What do we call you just first name?
[01:04:48.320 --> 01:04:50.320]  Yes, correct EJ
[01:04:50.680 --> 01:04:52.680]  EJ and California correct?
[01:04:53.720 --> 01:04:55.720]  Correct. Okay
[01:04:56.600 --> 01:04:58.600]  What do you have for us today?
[01:04:59.960 --> 01:05:04.680]  Okay, so this is my third call regarding a felt battery charge
[01:05:04.680 --> 01:05:14.240]  Falsification from the security guard at the hospital. What's the questions regarding how this court system works in California?
[01:05:14.240 --> 01:05:17.760]  I mean, but in California, I can answer in one word
[01:05:19.200 --> 01:05:21.040]  Badly
[01:05:21.040 --> 01:05:24.320]  Badly. Okay, go ahead. I'll stop interrupting
[01:05:27.240 --> 01:05:29.240]  I just had one simple question
[01:05:29.240 --> 01:05:34.640]  My fourth year was coming out this Monday and
[01:05:36.800 --> 01:05:40.200]  My fourth question is they won't they've only given me
[01:05:41.480 --> 01:05:44.880]  charging dock by a deputy DA
[01:05:44.880 --> 01:05:51.120]  Okay, okay. Hold on a second move the mic a little away from your mouth. Don't bring your channel. You're over driving the mic
[01:05:51.120 --> 01:05:58.040]  Oh, okay. Is this better? Yes, I think so better. Go ahead
[01:05:59.840 --> 01:06:01.840]  Go ahead. So I and I'll let you know
[01:06:03.520 --> 01:06:06.400]  Okay, I received the charging dock
[01:06:07.160 --> 01:06:10.400]  charge charging dock by a deputy DA
[01:06:12.160 --> 01:06:14.160]  Stating that
[01:06:14.280 --> 01:06:18.040]  Under penalty perjury that I know the statement is true
[01:06:18.040 --> 01:06:27.280]  Blah blah blah, so they haven't given me any other information like what the police statement the police report
[01:06:28.640 --> 01:06:35.520]  Last year when I got the summons through the mail it was only through a mail. Of course, it only comes through the mail. Um,
[01:06:38.680 --> 01:06:43.560]  I called the investigator at the prosecution office
[01:06:43.560 --> 01:06:45.560]  I
[01:06:46.480 --> 01:06:49.760]  Wait, wait, wait, you kind of started in the middle of something
[01:06:50.800 --> 01:06:53.120]  Yeah, back up and give us a little
[01:06:54.360 --> 01:06:56.360]  Overview of the nature of the case
[01:06:57.680 --> 01:06:59.680]  Okay, the nature of the case
[01:07:03.000 --> 01:07:08.000]  The DA sent me a summons last year
[01:07:10.320 --> 01:07:12.320]  With a charging
[01:07:12.320 --> 01:07:14.320]  charging me with two
[01:07:15.000 --> 01:07:17.000]  misdemeanors assault battery
[01:07:18.440 --> 01:07:25.320]  A security guard from the hospital where I was visiting. Oh, we've talked to you before
[01:07:26.800 --> 01:07:28.800]  Yes, those are we
[01:07:30.560 --> 01:07:34.880]  Okay, okay, you got a quit beating up jailguards
[01:07:34.880 --> 01:07:42.120]  I mean, I mean security guards those four guys they have a tough life
[01:07:45.920 --> 01:07:47.920]  Okay, go ahead
[01:07:49.360 --> 01:07:52.360]  So, you know, I called the prosecution office
[01:07:53.680 --> 01:07:59.840]  And I wanted to talk to the moment regarding the discovery. I want to see the police report
[01:07:59.840 --> 01:08:06.080]  Okay, first thing everything in writing
[01:08:07.960 --> 01:08:09.960]  Never ever call these guys
[01:08:11.280 --> 01:08:16.240]  Okay, that was my fault twist everything around. Yeah, you're an amateur
[01:08:16.920 --> 01:08:22.440]  They're pros. They do this all day every day. They know how to handle you
[01:08:23.400 --> 01:08:24.600]  yep
[01:08:24.600 --> 01:08:28.960]  they know how to poke your buttons and get you to dance for them and
[01:08:28.960 --> 01:08:37.560]  They can pretty well twist you around do everything in writing. I prefer email because email leaves tracks
[01:08:38.760 --> 01:08:40.760]  So in a criminal case
[01:08:41.720 --> 01:08:43.720]  This goes to a Brady motion
[01:08:44.440 --> 01:08:46.440]  Brady was the case that authorized
[01:08:47.320 --> 01:08:49.320]  discovery in criminal cases
[01:08:50.720 --> 01:08:52.720]  So go online and
[01:08:52.720 --> 01:08:58.960]  And do a search for Brady motion and then whatever you're charged with and
[01:09:00.440 --> 01:09:03.240]  You should find some samples of Brady motions
[01:09:05.280 --> 01:09:11.280]  Focused on your particular issue. It doesn't have to be too terribly specific because in a criminal case
[01:09:11.920 --> 01:09:13.920]  Brady's almost always the same
[01:09:14.440 --> 01:09:17.280]  You want the statement by the officer
[01:09:17.280 --> 01:09:22.680]  or any video tapes if it's in a hospital, they probably had security tapes
[01:09:23.560 --> 01:09:25.560]  Body cams
[01:09:25.640 --> 01:09:28.320]  Statement by the officer statement by witnesses
[01:09:29.760 --> 01:09:33.000]  Your crew you do a request the way discovery works
[01:09:33.960 --> 01:09:38.840]  Is you at discovery is supposed to occur between the litigants
[01:09:39.800 --> 01:09:45.720]  You ask the other side to give you this stuff and they will always refuse
[01:09:45.720 --> 01:09:53.840]  Yeah, and they they asked you to give them stuff you tell them go scratch and then both of you file a
[01:09:54.880 --> 01:09:59.680]  Motion to compel with the court you file a motion stating that you
[01:10:00.480 --> 01:10:02.480]  sent the
[01:10:02.600 --> 01:10:05.600]  Brady motion to the prosecutor for prosecutor
[01:10:06.120 --> 01:10:07.960]  Refuse to produce it
[01:10:07.960 --> 01:10:17.160]  Please order him to produce this discovery and you attach the Brady motion that you they request that you file and in the judge will
[01:10:17.560 --> 01:10:22.960]  You ask them to set a hearing and the judge will tell the prosecutor what he's supposed to
[01:10:23.760 --> 01:10:25.760]  produce
[01:10:28.560 --> 01:10:34.840]  So they'll say oh, we won't give you anything blah blah blah then expect you not to know what he's saying so immediately
[01:10:34.840 --> 01:10:38.200]  You file motion to compel discovery I
[01:10:39.440 --> 01:10:46.920]  Did I did it back in February 22nd and that was the first day I spent through certified mail
[01:10:47.160 --> 01:10:50.600]  This is just the last question then I did what?
[01:10:52.000 --> 01:10:55.160]  We talked about so then the
[01:10:55.160 --> 01:11:03.880]  Prosecutor said that it was untimely. So our our rules are 10 days for motion
[01:11:04.400 --> 01:11:06.280]  so if I if I
[01:11:07.800 --> 01:11:11.440]  Followed it at filed it at the clerk's office
[01:11:12.320 --> 01:11:19.680]  On February 22nd, so be the 10 days after the 22nd and that was okay. Okay. That's okay. That's not a problem
[01:11:19.680 --> 01:11:25.520]  You have already filed it and now it's been over 10 days now. You file a
[01:11:26.760 --> 01:11:31.560]  Request with the court to set your Brady motion for a hearing
[01:11:34.440 --> 01:11:37.400]  Oh, now we now we have one that's timely
[01:11:39.040 --> 01:11:43.160]  If when you file a motion, oh, I see I see okay
[01:11:43.160 --> 01:11:50.960]  I'm not it you must all also ask for a hearing date and you generally asked for two hearing dates
[01:11:51.920 --> 01:11:55.920]  And then you contact the prosecutor and say I filed a motion and
[01:11:56.520 --> 01:12:02.760]  Ask the court to put it on for this date. Is that date good for you or would this other date be better?
[01:12:03.480 --> 01:12:08.920]  If he says neither one of them really good for me screw him just ask the court to
[01:12:08.920 --> 01:12:12.560]  Tell you know file a request at the court set a hearing date
[01:12:13.120 --> 01:12:18.040]  Notifying that you conferred with counsel and counsel refused to give a
[01:12:18.640 --> 01:12:22.640]  Date that would be acceptable to counsel. So we asked the court to just set one
[01:12:24.240 --> 01:12:26.960]  This is the stuff they don't teach in law school
[01:12:28.440 --> 01:12:30.440]  Yeah
[01:12:30.480 --> 01:12:37.840]  How you actually do the practice of law if you file a motion you must get it put on for hearing
[01:12:37.840 --> 01:12:39.840]  It's simple enough
[01:12:40.720 --> 01:12:46.360]  Generally, the judge has a coordinator a secretary sometimes they call them a clerk
[01:12:47.040 --> 01:12:51.800]  Sometimes a coordinator a secretary. It doesn't matter the judge has his own
[01:12:52.880 --> 01:13:00.480]  Person that keeps his calendar. So you call down there to the clerk's office and ask who keeps the calendar for this judge
[01:13:01.320 --> 01:13:02.680]  and
[01:13:02.680 --> 01:13:09.360]  You get that person say I've got a brain motion. I need to be set for hearing what days do you have open for motion hearings and
[01:13:10.360 --> 01:13:13.840]  Ask her for a couple of dates and she'll give it to you and then
[01:13:15.160 --> 01:13:20.960]  Send that to the other side get him to tell you which one's better if he doesn't respond you don't care
[01:13:22.160 --> 01:13:24.880]  You you've made the effort then you just
[01:13:26.080 --> 01:13:30.960]  Re-contact the clerk you send her a request for trials for a trial setting
[01:13:30.960 --> 01:13:32.960]  for this motion and
[01:13:33.960 --> 01:13:35.960]  and you name the date and
[01:13:37.240 --> 01:13:40.680]  She'll set it now the prosecutor can't complain
[01:13:42.120 --> 01:13:44.120]  Okay
[01:13:48.000 --> 01:13:55.280]  Okay, anything else, okay. Oh one thing you need to do is file a motion in limony
[01:13:55.280 --> 01:14:02.080]  Yes, yes, exactly. Thank you. That's right. I love motion in limony
[01:14:02.680 --> 01:14:09.560]  For those you don't know a motion in limony are all of those questions the other side can't ask I
[01:14:10.400 --> 01:14:16.400]  Had this 30 page motion in limony and the judge is already peed at me
[01:14:16.400 --> 01:14:18.000]  He didn't like me anyway
[01:14:18.000 --> 01:14:23.600]  And he's a he wants to be out playing golf, but he's sitting here going through my motion in limony
[01:14:23.600 --> 01:14:31.360]  And he's denied and I denied and he got to this question about and I objected to the
[01:14:32.400 --> 01:14:35.360]  prosecutor referencing any hypnotic interviews
[01:14:36.560 --> 01:14:40.960]  And the judge said hypnotic interviews. Mr. Kalkin. Were you hypnotized?
[01:14:41.400 --> 01:14:48.280]  Well, I don't know judge. You know how they can make you forget that kind of stuff. Ask the prosecutor. Denied, denied. Oh
[01:14:48.280 --> 01:14:53.920]  Oh, that was great fun. Anyway
[01:14:55.680 --> 01:14:57.680]  Make sure you get one of those in
[01:14:59.120 --> 01:15:01.120]  Go to
[01:15:01.480 --> 01:15:03.480]  trafficticket.website
[01:15:04.400 --> 01:15:07.080]  Okay, and just just put in some stuff
[01:15:07.960 --> 01:15:10.800]  But put in California actually put in
[01:15:11.480 --> 01:15:17.000]  Yeah, put in California. I think I've got a bunch of documents for California. What I have there are
[01:15:17.000 --> 01:15:23.440]  Are the all of the documents you would tend to file in any criminal case
[01:15:24.680 --> 01:15:31.560]  And you might do two of them one for California one for Texas. I'm sure Texas has all of them in it
[01:15:31.960 --> 01:15:33.960]  I've got motions for
[01:15:34.600 --> 01:15:36.600]  preliminary hearing
[01:15:37.280 --> 01:15:39.280]  Mother Hubbard motion a
[01:15:39.280 --> 01:15:43.280]  A
[01:15:43.280 --> 01:15:46.640]  Mother Hubbard motion declares that you preserve all your rights
[01:15:47.280 --> 01:15:49.360]  speedy trial
[01:15:49.360 --> 01:15:53.040]  Everything you can think of a Brady motion a motion in Limonee
[01:15:53.600 --> 01:15:56.600]  Just a whole bunch of stuff to annoy the courts
[01:15:56.840 --> 01:16:03.800]  It will give you a good idea of all the stuff that's out there that you can file you file that in the court and that's just gonna
[01:16:04.600 --> 01:16:06.840]  cause the prosecutor a
[01:16:06.840 --> 01:16:10.680]  Lot of pain in the neck having to deal a deal with them
[01:16:11.640 --> 01:16:17.000]  Maybe you could annoy him enough that he won't even respond to him because they'll say you know, we're not required to respond
[01:16:17.480 --> 01:16:19.280]  That's right. You're not
[01:16:19.280 --> 01:16:23.960]  but if you file a motion and you make statements of fact in that motion and
[01:16:25.680 --> 01:16:27.680]  The other side does not
[01:16:28.240 --> 01:16:31.200]  File an answer to it and oppose those facts
[01:16:31.200 --> 01:16:37.440]  The judge must accept those facts as true not prima facie
[01:16:37.440 --> 01:16:42.160]  But true and that gives you a right to summary judgment
[01:16:42.480 --> 01:16:47.080]  Hang on. We'll speak to that a little bit on the other side Randy Kelton Brett Fountain little raw radio
[01:16:48.960 --> 01:16:54.120]  Nothing's about to call in number about a full board hang on we'll be right back
[01:16:54.120 --> 01:16:56.120]  Oh
[01:17:00.840 --> 01:17:04.960]  Logos radio network welcomes a new show to our lineup for the new year
[01:17:05.520 --> 01:17:11.160]  Scripture talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central time
[01:17:11.400 --> 01:17:14.360]  Our goal is in accord with Matthew 5 16
[01:17:14.560 --> 01:17:19.920]  Let your light so shine before men that they may see your good works and glorify your father
[01:17:19.920 --> 01:17:25.800]  Which is in heaven we wish to reflect God's light and be a blessing to all those with a hearing ear
[01:17:26.200 --> 01:17:34.040]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works
[01:17:34.560 --> 01:17:40.600]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week
[01:17:40.760 --> 01:17:47.840]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development
[01:17:47.840 --> 01:17:54.920]  So mark your calendar and join us live on logo radio network calm Wednesdays from 8 to 10 p.m.
[01:17:55.080 --> 01:17:59.800]  Starting January 8th for an inspiring and motivating discussion of the scriptures
[01:18:04.200 --> 01:18:11.120]  It's the 2019 logo radio network annual fundraiser and gun giveaway sponsored by central Texas gunworks
[01:18:11.120 --> 01:18:18.320]  Go to logo's radio network calm and enter to win any amount is appreciated. Everything helps to keep us on the air
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[01:18:24.880 --> 01:18:32.560]  More prizes and sponsors to be announced every twenty five dollar donation is a chance to win when you purchase Randy Kelton's e-book
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[01:18:47.040 --> 01:18:54.720]  Programming on talk radio today. We also accept Bitcoin and other cryptocurrencies and remember every twenty five dollar donation
[01:18:54.720 --> 01:18:59.880]  Is a chance to win go to logo's radio network calm for details and donate today
[01:18:59.880 --> 01:19:06.680]  The logos the logo's radio
[01:19:15.560 --> 01:19:17.560]  Ain't gonna play me
[01:19:17.560 --> 01:19:27.560]  Hmm, don't bore me
[01:19:31.560 --> 01:19:35.560]  Ain't gonna fool me with that same old trick again
[01:19:36.560 --> 01:19:40.560]  I was blindsided but now I can see your eyes
[01:19:41.560 --> 01:19:44.560]  You put the fear in my pockets
[01:19:44.560 --> 01:19:51.560]  Look at my head from my head ain't gonna fool me with that same old trick again
[01:19:55.560 --> 01:19:57.560]  I ain't gonna hold you
[01:19:58.560 --> 01:20:05.560]  Okay, we are back Randy Kelton's Bret Fountain with Rario and I probably should give a little instruction
[01:20:05.560 --> 01:20:19.560]  If you are talking or I'm sorry if I'm talking AJ and you speak we have a suppressor on the system that will push your voice down underneath
[01:20:19.560 --> 01:20:30.560]  And if once I start doing the outro I'm supposed to mute the callers but I'm old and I forget sometimes
[01:20:30.560 --> 01:20:41.560]  Don't say anything once I start the outro because if Deborah hears it she will get out her skinning knife and use it on me
[01:20:42.560 --> 01:20:48.560]  Okay, but I always accuse Brett. I blame everything on Brett anyway
[01:20:48.560 --> 01:20:51.560]  Okay, oh yeah, oh yeah, oh yeah
[01:20:52.560 --> 01:20:56.560]  I'm a guy guys never take responsibility for their behavior
[01:20:56.560 --> 01:21:00.560]  DJ are you married?
[01:21:01.560 --> 01:21:02.560]  No
[01:21:03.560 --> 01:21:05.560]  Oh then you may not understand that part
[01:21:06.560 --> 01:21:07.560]  Guys are never wrong
[01:21:09.560 --> 01:21:13.560]  It's just who it is and we never make mistakes it's always the women's fault
[01:21:15.560 --> 01:21:20.560]  And women never find us as funny as we do
[01:21:22.560 --> 01:21:23.560]  Okay
[01:21:23.560 --> 01:21:25.560]  Where were we?
[01:21:26.560 --> 01:21:34.560]  I just wanted to know can you recap the website name again where I can take a look you said traffic ticket
[01:21:35.560 --> 01:21:37.560]  Traffic ticket dot website
[01:21:38.560 --> 01:21:40.560]  Stop website, okay
[01:21:40.560 --> 01:21:53.560]  There's a subject manager stitching there you know some of it is specifically for traffic but most of it are just general documents that you file in criminal cases
[01:21:55.560 --> 01:22:03.560]  And file all of them if they don't apply oh sorry judge you're on one but he has to read it anyway you're really annoying
[01:22:03.560 --> 01:22:11.560]  But you got a speedy trial there you've got a request for preliminary hearing
[01:22:12.560 --> 01:22:18.560]  They give you if they if the judge just blows them off it gives you grounds for appeal
[01:22:20.560 --> 01:22:23.560]  At the end of the day for the most part thought about the money
[01:22:24.560 --> 01:22:28.560]  They do not want to spend the next five years in court with you
[01:22:28.560 --> 01:22:36.560]  They got this huge docket they got a clear out and you send them a whole stack of documents that they have to read and respond to
[01:22:37.560 --> 01:22:44.560]  They don't have time to mess with that stuff but the first one the prosecutor doesn't respond to you for some re-judgment
[01:22:46.560 --> 01:22:54.560]  Or you ask the court for sanctions against the prosecutor and ask them to order him to respond to it he won't do it and then you barge with him
[01:22:54.560 --> 01:22:58.560]  You just give them enough grief that they want to get rid of you
[01:22:59.560 --> 01:23:00.560]  Okay
[01:23:00.560 --> 01:23:02.560]  So they make you a deal
[01:23:02.560 --> 01:23:09.560]  What they will do is they they don't care if they have enough evidence to get a conviction or not
[01:23:09.560 --> 01:23:11.560]  They don't really care
[01:23:11.560 --> 01:23:16.560]  They expect that they will put pressure on you and you will make a deal
[01:23:17.560 --> 01:23:19.560]  They don't have time to hold trials on all this stuff
[01:23:19.560 --> 01:23:26.560]  They just want to run things through and make a deal and go to the next one
[01:23:27.560 --> 01:23:35.560]  So if you start costing them time that stack of caseload that they have behind them starts building up
[01:23:37.560 --> 01:23:43.560]  And it looks uglier and uglier for them the more you do to them the more they have to deal with you the more they fall behind
[01:23:43.560 --> 01:24:07.560]  So at the end of the day if you're absolutely completely without guilt and you absolutely refuse to yield then they will fight you like a tiger all the way up to the courthouse steps
[01:24:08.560 --> 01:24:09.560]  They will
[01:24:09.560 --> 01:24:10.560]  That is for sure
[01:24:10.560 --> 01:24:18.560]  But when they get to the courthouse steps so we had someone that fought them for two years and he really went after them
[01:24:19.560 --> 01:24:23.560]  They made him all these offers for a deal he told them to go scratch
[01:24:24.560 --> 01:24:29.560]  They got to the courthouse steps after two or three years of messing with him
[01:24:29.560 --> 01:24:37.560]  They're about to go in the court when they went in the about to go in the courtroom and they made him a really good offer and he told them to go scratch
[01:24:37.560 --> 01:24:41.560]  Because he was pretty pee old at them by this time
[01:24:42.560 --> 01:24:52.560]  They went into the court and the prosecutors first thing said your honor we would like to dismiss this case for in the interest of justice
[01:24:53.560 --> 01:24:58.560]  They did not want to risk losing this case in the court
[01:24:58.560 --> 01:25:07.560]  So they just dismissed it but they will huff and puff right up to the jail house I mean to the courthouse door
[01:25:08.560 --> 01:25:13.560]  That's if you want to fight it and you're absolutely clean and in this case he was absolutely clean
[01:25:14.560 --> 01:25:16.560]  They were retaliating against him
[01:25:17.560 --> 01:25:20.560]  If you're not absolutely clean you want to make a deal
[01:25:21.560 --> 01:25:25.560]  So you beat him up so you can make the best deal with him
[01:25:25.560 --> 01:25:27.560]  Spoker
[01:25:29.560 --> 01:25:34.560]  So think about it think about what your situation is what you want to do
[01:25:35.560 --> 01:25:42.560]  What for you at the end of the day would be a positive outcome that you could live with
[01:25:43.560 --> 01:25:44.560]  Write that down
[01:25:44.560 --> 01:25:54.560]  If you don't know where you're going there's a very good chance you will wind up somewhere else so write down for you what would be a win for you
[01:25:55.560 --> 01:25:57.560]  The least acceptable win
[01:25:58.560 --> 01:26:01.560]  So you know which side of the column you're on
[01:26:02.560 --> 01:26:07.560]  If you get in the positive side of the column and you're on a roll you might want to keep going
[01:26:07.560 --> 01:26:13.560]  If you just barely make it to the right side of the column now you want to bring on the table make a deal
[01:26:15.560 --> 01:26:20.560]  You can never expect to win your case in the trial court
[01:26:22.560 --> 01:26:26.560]  That may not be right but that's how it works in the world we live in
[01:26:27.560 --> 01:26:30.560]  At best court is a crapshoot
[01:26:31.560 --> 01:26:32.560]  At best
[01:26:32.560 --> 01:26:37.560]  At worst you're in California it's
[01:26:38.560 --> 01:26:40.560]  Hold on just a second
[01:26:41.560 --> 01:26:44.560]  Dina tell her about California courts
[01:26:45.560 --> 01:26:51.560]  Well corruption personified in two words that's what it is
[01:26:52.560 --> 01:26:56.560]  Bought and paid for by banks and everyone else that you can think of
[01:26:56.560 --> 01:27:02.560]  You are not going to win in the trial court you are very likely not going to win in the appeal court
[01:27:03.560 --> 01:27:12.560]  You have to take it as high as you can and just destroy them just make them pay a lot of money to keep coming to court till they're fed up with you
[01:27:13.560 --> 01:27:18.560]  Dina is a mean woman she don't give up
[01:27:18.560 --> 01:27:27.560]  You decide how far you want to go but if you don't want to take it that far and she has been after them big time
[01:27:28.560 --> 01:27:35.560]  Decide what would be an acceptable deal for you but do not expect to win in the trial court
[01:27:36.560 --> 01:27:42.560]  Well the good side to that is the prosecutor doesn't expect to win in the trial court either
[01:27:42.560 --> 01:27:47.560]  He'll take you there if you force him to but he don't want to
[01:27:48.560 --> 01:27:52.560]  And especially if it's nothing serious
[01:27:53.560 --> 01:27:56.560]  He just wants to get this case over and go to the next one
[01:27:57.560 --> 01:28:00.560]  Once you understand the politics it gives you more maneuvering room
[01:28:01.560 --> 01:28:08.560]  You caused him a lot cost him a lot of time his workload builds up behind him
[01:28:08.560 --> 01:28:12.560]  You make it look like you're going to cost him a lot of time
[01:28:13.560 --> 01:28:18.560]  And then if it's really serious hire a lawyer and ask the lawyer to go in and make you a deal
[01:28:19.560 --> 01:28:22.560]  They don't like to deal with pro se litigants
[01:28:23.560 --> 01:28:29.560]  They like to deal with lawyers so if you may ask for court appointing counsel right at the end and ask the counsel to make you a deal
[01:28:30.560 --> 01:28:33.560]  Don't expect the counsel to work in your favor he's not going to do that
[01:28:33.560 --> 01:28:37.560]  But he can make a deal for you
[01:28:38.560 --> 01:28:41.560]  Does that make sense?
[01:28:42.560 --> 01:28:49.560]  A public defender will go and talk to the prosecutor for a deal
[01:28:50.560 --> 01:28:55.560]  I'm not talking about what is right or what is just
[01:28:56.560 --> 01:29:01.560]  I'm talking about the real world role stuck inside
[01:29:01.560 --> 01:29:05.560]  And this is a reality especially in California
[01:29:06.560 --> 01:29:10.560]  I see okay I see
[01:29:11.560 --> 01:29:17.560]  Think about it call us back either tomorrow night or next week
[01:29:18.560 --> 01:29:21.560]  And figure out what you want to do and then let's talk
[01:29:22.560 --> 01:29:24.560]  Okay sounds good thank you
[01:29:25.560 --> 01:29:26.560]  Okay thank you EJ
[01:29:26.560 --> 01:29:30.560]  Okay now we're going to
[01:29:31.560 --> 01:29:35.560]  I've got a 903 that also looks like a new
[01:29:37.560 --> 01:29:39.560]  Okay
[01:29:40.560 --> 01:29:43.560]  Tina how much time would you take?
[01:29:44.560 --> 01:29:46.560]  About 5-10 minutes
[01:29:47.560 --> 01:29:49.560]  Okay we'll take you next and then we'll go to PD
[01:29:50.560 --> 01:29:52.560]  Okay hang on
[01:29:52.560 --> 01:29:56.560]  I had that all planned out and I ruined it
[01:29:56.560 --> 01:30:22.560]  I ruined it we'll be right back
[01:30:27.560 --> 01:30:32.560]  So protect your rights say no to surveillance and keep your information to yourself
[01:30:33.560 --> 01:30:36.560]  Privacy it's worth hanging on to this message is brought to you by
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[01:30:42.560 --> 01:30:44.560]  Start over with StartPage
[01:30:45.560 --> 01:30:48.560]  Are you always on the go and juggling multiple projects?
[01:30:49.560 --> 01:30:52.560]  If so you might think that multitasking proves you're smart
[01:30:52.560 --> 01:30:55.560]  But think again all that stress might be eating your brain
[01:30:56.560 --> 01:31:00.560]  A new study finds stress reduces the number of connections between neurons
[01:31:01.560 --> 01:31:03.560]  Which actually makes it harder for people to manage problems
[01:31:04.560 --> 01:31:10.560]  Researchers at Yale University found that stressed out people have less grey matter in their prefrontal cortex
[01:31:11.560 --> 01:31:15.560]  That's the part of the brain that helps us weigh conflicting ideas and regulate our emotions
[01:31:16.560 --> 01:31:20.560]  So take a deep breath and chill out it'll help keep your mind as sharp as a tack
[01:31:20.560 --> 01:31:25.560]  I'm Dr. Katherine Albrecht for StartPage.com the world's most private search engine
[01:31:51.560 --> 01:31:54.560]  I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[01:31:55.560 --> 01:31:58.560]  I'm the father who lost his son. We're Americans and we deserve the truth.
[01:31:58.560 --> 01:32:20.560]  Go to RememberBuilding7.org today.
[01:32:28.560 --> 01:32:33.560]  I'm Dr. Katherine Albrecht. I'm the father who lost his son. We're Americans and we deserve the truth.
[01:32:58.560 --> 01:33:08.560]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[01:33:29.560 --> 01:33:31.560]  You can't hide me, so come nobody will mistake.
[01:33:32.560 --> 01:33:34.560]  Chippin'a your mom, Chippin'a your daddy, Chippin'a your father
[01:33:35.560 --> 01:33:41.560]  Okay, we are back. We're in the California Radio and we were talking to AJ in California.
[01:33:42.560 --> 01:33:44.560]  AJ, do you have anything else for us?
[01:33:46.560 --> 01:33:48.560]  Oh no, I'll talk to you tomorrow night. Thank you.
[01:33:49.560 --> 01:33:52.560]  Okay, okay, thank you. Drop off so you clear the line for us.
[01:33:53.560 --> 01:33:54.560]  Oh, sorry, okay.
[01:33:54.560 --> 01:33:58.560]  Okay, thank you. Okay, now we're going to Tina in California.
[01:33:59.560 --> 01:34:00.560]  Okay, Tina.
[01:34:01.560 --> 01:34:03.560]  Hi, Brett and Randy.
[01:34:04.560 --> 01:34:15.560]  Well, a couple of quick things. One, I'll go first to this case I had against my file and adversary complaint in someone's Chapter 7 because they defrauded a whole bunch of people.
[01:34:16.560 --> 01:34:21.560]  When the DA has got 70 complaints and they're going to file criminal charges soon, they've been investigating.
[01:34:21.560 --> 01:34:30.560]  We wanted the four of us, two guys and two women. I added them to my complaint with the judge's permission.
[01:34:31.560 --> 01:34:48.560]  And we had a meet-and-come-for because he was trying to sneak in that we didn't read the rules and that we didn't, you know, plan this Sunday meet-and-come-for to discuss discovery issues,
[01:34:48.560 --> 01:34:55.560]  which they had tried to run us out of time and the judge gave us an extra 60 days because she recognized what he was doing.
[01:34:56.560 --> 01:35:05.560]  So we held this meeting on Monday and by phone, the guy was a pure, you know what, can't say it on the air, but...
[01:35:06.560 --> 01:35:08.560]  Oh, you can say anus rectum.
[01:35:09.560 --> 01:35:13.560]  I can say anus rectum. Well, he was definitely an anus rectum, very large one.
[01:35:13.560 --> 01:35:24.560]  He was so rude and so obnoxious to me and the other lady who had never been in court before.
[01:35:25.560 --> 01:35:31.560]  She never had any legal issues, but she was so incensed at being defrauded. You know, she wanted to join in with us.
[01:35:32.560 --> 01:35:39.560]  Well, I'm so glad I didn't go to law school for you. He talked over her. He was exceptionally rude.
[01:35:39.560 --> 01:35:46.560]  And then he tried to, you know, go over my 2014 case, you know, where they say I was accused of fraud.
[01:35:47.560 --> 01:35:53.560]  And I mean, then when he talked to the guys, he was just nice as pie. So he was doing some mansplaining.
[01:35:54.560 --> 01:35:59.560]  Well, we just left him with the, you know, and I just kept saying...
[01:36:00.560 --> 01:36:02.560]  Okay, I know this is a rhetorical question.
[01:36:02.560 --> 01:36:08.560]  But did you barricade him more than three or four times?
[01:36:09.560 --> 01:36:17.560]  I haven't yet, but I've got two ready to go and I'm writing two for Colleen, this other lady, to write in two.
[01:36:18.560 --> 01:36:21.560]  Now, we were going to file them this week, however...
[01:36:22.560 --> 01:36:26.560]  Wait, wait, wait. Did you write a letter to the judge and ask for sanctions?
[01:36:27.560 --> 01:36:28.560]  Not yet.
[01:36:29.560 --> 01:36:30.560]  Oh, you need to do that.
[01:36:30.560 --> 01:36:35.560]  Well, we're going to... But today, something changed dramatically.
[01:36:36.560 --> 01:36:43.560]  He called one of the guys in the case and said his client wants to talk settlement.
[01:36:44.560 --> 01:36:50.560]  Now, he, you know, they're throwing it and Kevin, luckily, he did not give any figure out.
[01:36:51.560 --> 01:36:56.560]  He said, well, you come up with a figure and, you know, we don't think they're going to offer much, but he knows it's going to...
[01:36:56.560 --> 01:37:00.560]  Could we explain to him how much she was lying, how much she deported people?
[01:37:01.560 --> 01:37:02.560]  He didn't know a lot of this stuff.
[01:37:03.560 --> 01:37:05.560]  He didn't know she was up for bad checks, all this stuff.
[01:37:06.560 --> 01:37:13.560]  But he called the guy, talked to him, then he emailed the other guy, asked him what he wanted and everything.
[01:37:14.560 --> 01:37:16.560]  He has not communicated with the two ladies.
[01:37:17.560 --> 01:37:19.560]  But he did tell one of the guys he called.
[01:37:20.560 --> 01:37:23.560]  He said, well, Tina Colbert, she thinks she's an attorney.
[01:37:23.560 --> 01:37:26.560]  Well, yeah.
[01:37:27.560 --> 01:37:28.560]  You're a hard woman.
[01:37:29.560 --> 01:37:30.560]  I'm a hard woman.
[01:37:31.560 --> 01:37:32.560]  He doesn't like me for the figure go, but that's okay.
[01:37:33.560 --> 01:37:34.560]  I don't care.
[01:37:35.560 --> 01:37:38.560]  But he was completely violated the rules of professional conduct.
[01:37:39.560 --> 01:37:40.560]  So that's why he's getting... And he was sexist.
[01:37:41.560 --> 01:37:46.560]  He absolutely completely changed his tune when he talked to the guys, that's when he talked to us.
[01:37:47.560 --> 01:37:48.560]  And now he's talking settlement.
[01:37:49.560 --> 01:37:50.560]  So it's interesting.
[01:37:50.560 --> 01:37:54.560]  He realized it is going to cost his client a lot of money to go to trial.
[01:37:55.560 --> 01:37:58.560]  And she's delighted to lose, especially if the DA is about to file charges.
[01:37:59.560 --> 01:38:00.560]  So that was a little fun issue this week.
[01:38:01.560 --> 01:38:03.560]  So we will be bar-grieving after we've got the settlement now.
[01:38:04.560 --> 01:38:05.560]  We want to see if they actually do it.
[01:38:08.560 --> 01:38:15.560]  And also write a letter to the judge objecting to his sexist behavior.
[01:38:15.560 --> 01:38:19.560]  And this is California, they're not going to go for that one little bit.
[01:38:20.560 --> 01:38:24.560]  Well, don't they have like 72 different genders in California?
[01:38:25.560 --> 01:38:26.560]  Oh, that's right.
[01:38:27.560 --> 01:38:27.560]  Yeah.
[01:38:28.560 --> 01:38:29.560]  Gosh, I have to address every one of them.
[01:38:30.560 --> 01:38:30.560]  Oh, man.
[01:38:31.560 --> 01:38:33.560]  No, no, that just means 71 of them ought to be offended.
[01:38:34.560 --> 01:38:38.560]  That's true.
[01:38:38.560 --> 01:38:45.560]  I'm old school, I do not know how to wrap my head around 72 genders.
[01:38:46.560 --> 01:38:50.560]  And I'm not a gay bashing, my brother is gay.
[01:38:51.560 --> 01:38:52.560]  And I have no problem with that.
[01:38:53.560 --> 01:38:56.560]  But I don't know how to wrap my head around 72 genders.
[01:38:57.560 --> 01:38:57.560]  I know.
[01:38:58.560 --> 01:39:03.560]  I don't know how to wrap my head around deciding which gender I am today.
[01:39:03.560 --> 01:39:07.560]  Because you can just imagine your agenda and that's okay.
[01:39:08.560 --> 01:39:11.560]  You can identify as anything you want.
[01:39:12.560 --> 01:39:14.560]  So if I wear a pink shirt, that's okay?
[01:39:15.560 --> 01:39:16.560]  Yeah.
[01:39:17.560 --> 01:39:22.560]  Because only real men can wear pink, especially in Texas.
[01:39:23.560 --> 01:39:24.560]  You can wear a pink shirt.
[01:39:24.560 --> 01:39:33.560]  Anyway, it was just interesting that the whole scenario and then getting this talk about settlement today,
[01:39:34.560 --> 01:39:35.560]  but he has not addressed us.
[01:39:36.560 --> 01:39:41.560]  But the big news this week is I got a phone call yesterday.
[01:39:42.560 --> 01:39:51.560]  I got an email from an attorney in Texas and I immediately called her and she answered the phone at 9 o'clock at night
[01:39:51.560 --> 01:39:55.560]  because I thought I'm just going to leave a message but she picked up the phone so we talked for an hour.
[01:39:56.560 --> 01:40:04.560]  And she is representing a former employee of One West Bank, the one I've been hiding for five or six years,
[01:40:05.560 --> 01:40:08.560]  in a false claims act case against One West.
[01:40:09.560 --> 01:40:15.560]  And their case is based upon One West failure to create the required hemp modification program
[01:40:15.560 --> 01:40:24.560]  to timely evaluate borrowers for hemp, FHA-HAM and VA-HAM modifications as well as its dual tracking.
[01:40:25.560 --> 01:40:31.560]  From the former employee, we learned of the extensive cover-up of its liability
[01:40:32.560 --> 01:40:38.560]  and are seeking to recover the incentive and insurance payments from One West on behalf of the government.
[01:40:39.560 --> 01:40:42.560]  So I sent her a lot of stuff today and a lot of emails.
[01:40:42.560 --> 01:40:49.560]  Okay, for those of you who didn't recognize what that was, that's called a quite ham action.
[01:40:50.560 --> 01:40:56.560]  In a quite ham action, if you are an insider and you have inside information
[01:40:57.560 --> 01:41:02.560]  that where you can show that the government has been defrauded,
[01:41:03.560 --> 01:41:10.560]  if you sue to recover that, then the government has the option of stepping in and taking over the suit.
[01:41:10.560 --> 01:41:15.560]  If they do, you get 15% of whatever is recovered.
[01:41:16.560 --> 01:41:22.560]  If the government does not step in and you win, you get 25% of whatever was recovered.
[01:41:23.560 --> 01:41:24.560]  That's called a quite ham action.
[01:41:25.560 --> 01:41:26.560]  I'll shut up now.
[01:41:27.560 --> 01:41:35.560]  I think, yeah, it's good to explain that, but what is really remarkable is the timing of this, the politics of it.
[01:41:35.560 --> 01:41:40.560]  And this attorney didn't know a lot of what I was telling her.
[01:41:41.560 --> 01:41:42.560]  She spoke to another person today.
[01:41:43.560 --> 01:41:56.560]  She had no idea that one of the investors in One West had, you know, financial interest in one of the groups that were supposed to be helping people.
[01:41:57.560 --> 01:42:01.560]  And she was just totally shocked at some of the information we gave her.
[01:42:01.560 --> 01:42:09.560]  So, along with my criminal complaint against someone in that, you know, organization,
[01:42:10.560 --> 01:42:19.560]  I'm hoping, because I did forward it to the DA, I'm hoping that kind of brings things together,
[01:42:20.560 --> 01:42:28.560]  that here we have them being accused in Texas of all these shenanigans and we know it's true.
[01:42:28.560 --> 01:42:31.560]  And then we have another case against them.
[01:42:32.560 --> 01:42:37.560]  So, it will be interesting to find out and why it's coming out now, I'm not sure.
[01:42:38.560 --> 01:42:44.560]  But it's a good sign that somebody is going to hold them accountable, I hope.
[01:42:49.560 --> 01:42:54.560]  It may just be some little woman with a strange foreign accent.
[01:42:54.560 --> 01:42:57.560]  Yes, that's true.
[01:42:58.560 --> 01:43:11.560]  But I'm gleeful about this coming at this time because I'm going to submit this lawsuit into my current case against the attorneys for the bank as a request for judicial notice,
[01:43:11.560 --> 01:43:27.560]  just to show them the shenanigans have been up to and say, you know, and I'm going to also include it when I write the letter to the judge who denied me reopening my bankruptcy case to show fraud upon the court,
[01:43:28.560 --> 01:43:31.560]  because I think this would be perfect to submit to them.
[01:43:32.560 --> 01:43:36.560]  Were you able to reach the prosecutor as he opened it?
[01:43:36.560 --> 01:43:41.560]  I don't know, I sent a message but I have not received anything yet.
[01:43:42.560 --> 01:43:47.560]  She's got a prostitute going after these guys and he also speaks with a strange foreign accent.
[01:43:48.560 --> 01:43:50.560]  He is obviously not from Texas.
[01:43:51.560 --> 01:43:55.560]  Hang on, we'll be right back.
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[01:46:00.560 --> 01:46:16.560]  Hello. Oh, man, you're in jail. You've got drugs in there? Oh, man, I'm broke, man.
[01:46:16.560 --> 01:46:30.560]  Something in this world I will never understand. Something I realize fully.
[01:46:31.560 --> 01:46:38.560]  Somebody's on a police, a police man. Somebody's on a police, a police.
[01:46:38.560 --> 01:46:48.560]  There's always room at the top of the hill. I hear through the grapevine and it's lonely left too.
[01:46:49.560 --> 01:46:56.560]  They're wishing it went more than opposition to fail. They know that if they don't do it, somebody will.
[01:46:57.560 --> 01:47:04.560]  Something in this world will never understand. Something I realize fully.
[01:47:04.560 --> 01:47:11.560]  Okay, we are back. We're in the Kelton-Brette-Fountain Wheelbar Radio.
[01:47:12.560 --> 01:47:18.560]  Tina, hold on just a second. Let me talk to Penny. Penny? Yeah.
[01:47:19.560 --> 01:47:25.560]  Do you have much for us or would it be better? Could you call back tomorrow night if you have a lot you want to talk about?
[01:47:25.560 --> 01:47:37.560]  No, I didn't have a lot. I actually just wanted to ask you three questions or three questions, really, which is what are the three worst things that you can do?
[01:47:38.560 --> 01:47:43.560]  Talk back to your wife. Forget your anniversary.
[01:47:44.560 --> 01:47:45.560]  Oh, I mean legally.
[01:47:45.560 --> 01:47:58.560]  Oh, okay. I forgot our 30th anniversary. How do you expect somebody to remember some man that long ago? She's been P.O.D. for 20 years over that.
[01:47:59.560 --> 01:47:59.560]  Dang.
[01:48:00.560 --> 01:48:12.560]  Women. Okay, worst thing you can do. That's kind of a hard question to ask without context. Talk. Talk is the worst thing you can do.
[01:48:12.560 --> 01:48:27.560]  Do you want to file against someone like do a complaint or whatever or file for a motion or whatever? You know, just when you're in the initial stages of presenting a motion or something, what is the worst thing you can do?
[01:48:27.560 --> 01:48:49.560]  It's all going to be relative to presenting a motion. Probably the worst thing is not having a prayer. I had a guy come to me. He was sued for a credit card issue and I read the suit and he said, what do you think?
[01:48:50.560 --> 01:48:54.560]  I said they don't have a prayer. He said, why not? I don't know. They don't have one.
[01:48:54.560 --> 01:49:10.560]  That last thing you do in a motion. You know, this is why these guys do affidavits. Affidavits, they sound good, but there are no real value because if you want the judge to do something, you must ask.
[01:49:10.560 --> 01:49:32.560]  And in older English, I'm sure Tina will verify prayer. Prayer doesn't mean you're kneeling, praying to some God. I mean, you're asking for something. And this one, they told what a no good rotten deadbeat he was, but they never asked the judge to do anything.
[01:49:32.560 --> 01:49:42.560]  If you want something, you must give the judge authority to give it to you by asking them to do so.
[01:49:43.560 --> 01:49:48.560]  Okay, but the second worst thing you can do is miss an element.
[01:49:49.560 --> 01:49:50.560]  Okay.
[01:49:50.560 --> 01:50:08.560]  Fraud by nondisclosure. Someone must make a voluntary statement. They must know that that voluntary statement is untrue. They must know that or have reason to believe you do not know it's untrue and that you do not have the information available to you to determine that it's untrue.
[01:50:08.560 --> 01:50:22.560]  You must accept the statement is true. You must take some action based on that acceptance and be harmed thereby. If you fail to address every one of those elements, the court cannot rule in your favor.
[01:50:22.560 --> 01:50:42.560]  Whenever you make a claim, look up either the law and each statute has a set of elements that must be there. Murder, there must be someone killed, there must be reason to believe that you killed him and that you killed him on purpose and that your purpose was not lawful.
[01:50:43.560 --> 01:50:48.560]  If you don't show each one of those, you're lost it. Okay. Does that make sense?
[01:50:48.560 --> 01:51:07.560]  Yes, it does. I wanted to suggest that on the rule of law radio front page that you put the listening number so that, you know, you don't have that problem that you announced at the beginning. People calling in and just, you know, they're not wanting...
[01:51:08.560 --> 01:51:11.560]  I think there's a listen now button on the front of it.
[01:51:13.560 --> 01:51:14.560]  I'll check with Deborah.
[01:51:14.560 --> 01:51:30.560]  Yeah, there's no calling number. Also, with Deborah, when I, you know, I always check out a website pretty thoroughly and on the radio archive, it's like the last one that was archived was back in December.
[01:51:30.560 --> 01:51:45.560]  I know Deborah is struggling. She does this whole radio show herself. I'm an electrical engineer and I watched Deborah create all the software for this show. I was amazed.
[01:51:45.560 --> 01:51:59.560]  But she does everything herself and she keeps apologizing to us for not having all the archives up as she is struggling. We don't, you know, we don't charge for anything. So we don't have enough income to hire someone.
[01:52:00.560 --> 01:52:13.560]  If we could hire someone, we could get all this done, but everything we have to do ourselves. So we're trying to get them up and apologize. And Deborah just spoke to that today. She's kind of catching up. So we're hoping that she gets that up pretty soon.
[01:52:13.560 --> 01:52:27.560]  Okay. Yeah. Cause I could, you know, I have groups that I'm on that I keep telling them about this, but I know that they come and they look, but so many of the tabs, you know, are just like, this is under construction and it's not done.
[01:52:28.560 --> 01:52:30.560]  And, you know, they go, well, what's going on there?
[01:52:30.560 --> 01:52:47.560]  We just got more than we can do. None of the hosts get paid for what we're doing. We do this because it's the right thing to do. And we just, we're out of time. We just, we only do what we can get done.
[01:52:47.560 --> 01:53:06.560]  Okay. Well, that's all I had. And I appreciate it. I just want you and Brett and Tina too. I really appreciate it. I learn a lot. I listen every time and I learn a lot, but I can't remember everything, which is why the podcasts are kind of necessary.
[01:53:06.560 --> 01:53:23.560]  Okay. Don't worry so much about that. When the issue comes up, it'll pop right back up in your mind. Okay. On this show, I make it a point to go over the basics repeatedly from all sorts of different contexts.
[01:53:24.560 --> 01:53:28.560]  So if you listen to a lot of our shows, these pieces will start falling into place.
[01:53:28.560 --> 01:53:35.560]  Yeah. And some of it does. You know, I just want you to know, I appreciate you. I appreciate you.
[01:53:36.560 --> 01:53:37.560]  Okay. Thank you, Penny.
[01:53:38.560 --> 01:53:39.560]  Penny getting out there.
[01:53:40.560 --> 01:53:46.560]  Okay. Okay dog. Okay. Now we're going back to Tina. Okay. Tina, I'll kind of cut off in the middle there.
[01:53:46.560 --> 01:53:59.560]  That's okay. It's always interesting to hear people that are learning from this show. And it was really interesting and great to hear that Ted's, you know, submissions a day.
[01:53:59.560 --> 01:54:15.560]  This really is a learning experience and I would not have been able to handle this attorney and, you know, just laugh about what he's trying to do if I hadn't been, you know, coming on the show for a long time and trying to learn.
[01:54:15.560 --> 01:54:32.560]  So good. Good. And I am surprised at how well known we are. My brother lives in Chicago and they were, they had a get together of his son's house and they were talking about a legal issue.
[01:54:33.560 --> 01:54:38.560]  And one of the guys there came up to him and said, you should, you should call into this radio show, this rule of law radio.
[01:54:38.560 --> 01:54:46.560]  He said, that guy on there knows a lot of stuff about law. Not just Chicago. Chicago is like 11 million people.
[01:54:47.560 --> 01:54:53.560]  And my brother said, rule of law radio, who's the host? The guy said, we're Randy Kelton.
[01:54:54.560 --> 01:54:56.560]  And my brother said, duh.
[01:54:56.560 --> 01:55:08.560]  He said, oh, I never made the connection. So sometimes it surprises me how well known we are. We do this show and we really don't.
[01:55:09.560 --> 01:55:14.560]  We have no way of knowing how many people are listening or who listen to our podcast and such.
[01:55:15.560 --> 01:55:21.560]  So we're kind of just speaking into the air and it's nice to get some feedback sometime.
[01:55:21.560 --> 01:55:26.560]  There was the time someone recognized my voice on an airplane in Phoenix.
[01:55:27.560 --> 01:55:33.560]  I was talking to the guy next to me and a couple behind me leaned over the seats and said, were you Randy Kelton?
[01:55:34.560 --> 01:55:38.560]  And I looked back and said, do I owe you money?
[01:55:39.560 --> 01:55:44.560]  They didn't recognize me. They recognized my voice.
[01:55:45.560 --> 01:55:47.560]  That was pretty cool.
[01:55:47.560 --> 01:55:50.560]  Pretty cool. That is pretty cool.
[01:55:51.560 --> 01:55:57.560]  It's nice to know that what we're doing, people gain value from it.
[01:55:58.560 --> 01:56:05.560]  What better compliment can you have in life than giving value back?
[01:56:06.560 --> 01:56:07.560]  Yes.
[01:56:07.560 --> 01:56:26.560]  And I wish you could do this and teach in schools to encourage people to understand their rights and the law before they get into trouble and before they get into the situations where the banks and attorneys are destroying their lives.
[01:56:27.560 --> 01:56:32.560]  I am getting ready to start doing seminars.
[01:56:32.560 --> 01:56:39.560]  I've been speaking to a number of different groups to try to get this out.
[01:56:40.560 --> 01:56:44.560]  I think we are at the right place, right time.
[01:56:45.560 --> 01:56:53.560]  I was talking to a guy once, I blew myself up in a 10,000 gallon tank, whirling inside it and it exploded with me in it.
[01:56:53.560 --> 01:57:01.560]  I was in it so it didn't hurt me. Everything exploded outside, but we got to exchanging near death experiences.
[01:57:02.560 --> 01:57:10.560]  He had told one, I tell one, he had told one, he ran out, I kept going and finally he sat back and said, what in the heck are you doing here?
[01:57:11.560 --> 01:57:13.560]  And I told him I have no idea.
[01:57:14.560 --> 01:57:16.560]  Now I know what I'm doing here.
[01:57:16.560 --> 01:57:37.560]  I was kept here to be where I'm at right now doing exactly what I'm doing and there's nothing more satisfying in life than knowing why you're here and being able to give freely of your time that other people will gain value from it.
[01:57:38.560 --> 01:57:44.560]  Brett comes on the show and he's got a pretty young wife and a son that is absolutely adorable.
[01:57:44.560 --> 01:57:50.560]  He's taking time away from to give value to anybody else.
[01:57:51.560 --> 01:57:53.560]  I can't think of anything more satisfying.
[01:57:55.560 --> 01:57:57.560]  Yes, I agree.
[01:57:58.560 --> 01:58:01.560]  Okay, we are out of time.
[01:58:02.560 --> 01:58:03.560]  Tina, will you call back tomorrow?
[01:58:04.560 --> 01:58:07.560]  Because a lot of people don't listen on Thursdays, they listen Fridays.
[01:58:08.560 --> 01:58:10.560]  I'd like to go through this again in more detail.
[01:58:10.560 --> 01:58:14.560]  Okay, we are about out of time.
[01:58:15.560 --> 01:58:16.560]  Thank you all for listening.
[01:58:17.560 --> 01:58:20.560]  Randy Kelton, Brett Fountain, the E-Law Radio and my clock is out.
[01:58:21.560 --> 01:58:23.560]  Brett, I don't mind any seconds you've got left.
[01:58:28.560 --> 01:58:29.560]  Good to see you.
[01:58:30.560 --> 01:58:31.560]  Mine went blank.
[01:58:32.560 --> 01:58:33.560]  But thanks for calling Tina.
[01:58:34.560 --> 01:58:35.560]  Good talking with you.
[01:58:36.560 --> 01:58:37.560]  Here we are.
[01:58:37.560 --> 01:58:40.560]  Oh, okay, my mind still hasn't came back yet.
[01:58:41.560 --> 01:58:45.560]  I just want to thank you all for your time and it really is by helping people.
[01:58:46.560 --> 01:58:48.560]  And if you make it, it's just wonderful.
[01:58:49.560 --> 01:58:50.560]  Okay, thank you.
[01:58:51.560 --> 01:58:57.560]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:58:58.560 --> 01:59:04.560]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse,
[01:59:04.560 --> 01:59:07.560]  helping you to know God and to know the meaning of life.
[01:59:08.560 --> 01:59:10.560]  Order your free copy today from Bibles for America.
[01:59:11.560 --> 01:59:19.560]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
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[01:59:29.560 --> 01:59:40.560]  This is truly a Bible you can understand. To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:41.560 --> 01:59:48.560]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:48.560 --> 01:59:58.560]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.