[Music] welcome to facts or frauds all right we're on the record in file 23- 21516 FH people versus Donald greenan Vermont Lester we are here today for a pre-trial hearing in this case and we are proceeding today by video conference first let me ask the attorneys to place their appearances on the ret beginning with Miss BB May ma the People John glaz you're on behalf of Mr Lester your honor all right and Mr Glazer where do we stand with Mr Lester's case today you're hon right asked to set it over for another pre-trial I guess I'd like to address Bond I've never met Mr Lester until today in District Court all right sorry we had some uh background noise happening what what was that that you said Mr Glazer I'd like to set it for another pre-trial I think there was an exam so we need to get the transcript ordered on that anyway but I would also like to address Bond I I have met Mr Lester until today your honor this was handled by somebody else in District Court all right what is it you would like to say about B yeah I guess I'd ask for a PR but there's a there's a three charges here possession of meth and a couple iros and obviously there's a habitual on it he looks like he's got some receiving and concealing uh escape and uh aggravated burglary uh are quite a ways back they're over 20 years ago um there's there's a small amount of methamphetamine here and uh it would be helpful to me if he was out to uh so that I can meet him in my office to review this case with him once I get the transcript the other thing is your honor the the information doesn't list an address from but he has an address he's living here in Adrian and in fact his uh I think it's his son is at in his senior year of high school here right M anything people would like to say um just Jor obviously given his criminal history and the fact that he was bound over and a habitual fourth offender um I think a PR Bond would be too low I don't know exactly what his bond is set at um I guess maybe it's it could be reviewed but I I don't think a PR is appropriate just given that um he was also and it was testified to an exam that he um had actively resisted and was combative to the officers um when they attempted to arrest him on the the methan um he also uh did give it a fake name at first um because he had two active failure two peer warrant out of Monroe uh one out of Monroe and one out of U will be our court from Bliss they were tra and those got dismissed only got one that I'm yeah that's what he got arrested for with some outstanding traffic to it's failure to appear I think that's why I move back to adri plus it's my son's last year high school all right well uh I I appreciate it's your son's last year high school but a bond needs to be designed to ensure Mr Lester's uh appearance at court given the information that the court has available to it about uh very Factor speak to that and some other things so Mr Lester apparently does live here in Adrian has uh a a local address um apparently some kind of tie to the community through his son um I'm bit more concerned that he's charged in this case with two counts of resisting and obstructing does have his past conviction in Ohio for escape um which speaks to say something Mr ler please don't interrupt me I think those speak to uh his willingness to comply and um be likelihood of uh coming back to court so uh the bond is currently set in the amount of $20,000 cash or shity um I would agree with M at this point I don't think PR bond in this case is uh significant enough is enough to satisfy me that uh Mr Lester would continue to appear um I am willing to reduce that bond to uh a $5,000 cash or bond with a GPS tether um and I think under those circumstances uh the court would be satisfied that Mr Lester would appear for future Court hearings so uh that what I'm willing to do with respect to bond um I will adjourn this out for another pre-trial on November 1st at 8:15 a.m got a letter from them as well that I twice I think it's twice a week I got I can't understand I can't I need you to sit closer to the microphone Mr ler I can't he better from Mr C stating that I had twice I made that was another reason why I can't Mr ler I'm sorry I'm sorry but the microphone's not picking up your voice and I can't understand what you're saying hello can you hear me now that's better yes okay um Mr uh I got a letter from Mr Darren cost and I was instructed to meet with him twice a week uh while out on B um that's the reason why I asked for a superon I have no problem with it I can't afford it I don't have any cash right now to be able to uh make bond so I'll be sitting here idle and I'm just trying to get out of here so I can go ahead and finish going back to work and getting ready to go back to school all right I I appreciate that I've made my decision on bond Mr Lester and that not going to change that decision at this point next pre-trial November 1st thank you your honor uh does the court order the transcript from the district court does not appear that that has been ordered at this point but uh we will do that you're going to order that okay all right we are on the record in file 23-21 516 dfh versus Donald Raymond Lamont Lester we are here today for a pre-trial hearing in this case and we are proceeding today by video conference and also in person we are or first let me ask the attorneys Place their appearance on the record getting M BB mlar may have the people your honor Michael dagger Mar go in for Mr Lester all right and Mr dagger Mar GOI and where do we stand with Mr Lester's case today your honor at this point I I don't there's there's a breakdown of attorney client relationship I can't move forward and represent Mr Lester I've I've without getting into the details obviously are privileged but um it's it's c that Mr Lester either needs to move forward proos say and I can certainly be on standby or I can conflict this out but our our office is not going to be able to represent Mr Lester yeah I would like to AC to for I ped everything to the AC they already have my file and the Civil Rights Commission Mr Lester I'm sorry but the microphone at the jail is is really bad there's a bad Echo there yeah so I can I can hear you the issue is if you could talk not quite so loudly because it's an it's an echo in the room that causes the problem I'm I'm me um the ACLU and the Civil Rights Commission already are know this um you can move my file to those they already I have uh sent them my complaints I've also got the uh a failure to appear what I was picked up for in the first place was dismissed and Mr baroan is trying to move forward uh with a a trial and I'm not feeling that I want to move for an immediate dismissal because I was harassed for three days and they already have wind of this there should be uh it should be asking for the body cams from August 2nd as well as the 4th um I still haven't went over any evidence so the Civil Rights Commission has my my paperwork um and well my affidavits rather and the ACLU is on standby as well I just rather for my whole file to go to them and let them represent let them take a a look at what's going on I don't have any transcripts I haven't talked to Mar go in since then um I had to have the court I had to have the jail uh email the uh Courts for a court day because I've been sitting here for so long like I said the fre2 appear got dismissed that's what I was picked up for originally okay so Mr Lester you you've been charged with possession of methampetamine and two counts of assaulting resisting obstructing a police Poli officer you have previously been represented by the public defender office and they are requesting to uh withdraw as your attorney at this point if that were to happen another attorney would be assigned to you uh I just said the ACLU I don't know what part of that nobody understands but the ACL is going to stand by as well as the Civil Rights Commission I said it again you you can forward that all over there to them and and they'll take the case without no money you know it like so Mr Mr Lester those that is not an option that I have to send this case over to the ACLU if you want the ACL I do though because I do though so let's get that understood now I have that that opportunity to do that and I'm requesting that on record okay you can you can request that but the court is not in a position to do that if you want someone else sir that's what I'm trying to tell you it's not is you just putting a c together and sting it to him it's not even you Mr marosan can do it it's not even your office that needs to do it Lester Mr Lester please don't interrupt me when I'm talking to you right here we go all right right now the public defender office represents you I'm going no they don't he just said he didn't want to represent all right Mr Lester is off camera I don't know whether he's still in the room stand right here I can hear every word I'm here as a third party intervenor and and a special appearance all right Mr Lester are you in agreement with Mr dagger Marian's request to withdraw from your case that's on him I like I said before I wanted to go to the ACLU or the Civil Rights Commission I'm gonna say it again for the court of record they are on standby they already know about all of this I shouldn't have never been picked up in the first place I was harassed for three days three days and you have the transcripts right there in front of you when the officers admitted that that they just wanted me and send the police report Mr Lester Mr Lester I need a yes or no answer to the question of whether you again that's on him Mr Lester I've muted your device Mr Lester because you are being disruptive and you are not allowing this court process to continue I'm going to give this one more opportunity uh I'm going to unmute your device I'm going to ask you the question if you don't answer or if you continue with this disruptive behavior I am going to hold you in contempt and sentence you the 93 days in jail very unprofessional Mr Lester are you in agreement or are you not in agreement with Mr dagger Marian's request to withdraw as your attorney you please yeah I'm you please send that file to the ACLU please I'm in agreement with that Mr marosan are you in agreement with you send that over to the ACLU please can I get like a contact information I mean I don't just send a file to you know okay yeah but you know where the ACL you go off I can give that to you yes no problem we can go off screen I can give that to you I have it right here in front of me no problem no problem and if that if that for whatever reason I mean that's outside the normal I'm not it's it's as simple as name viol you know that we're not going to keep going back and forth I'm not Mr Mr Lester please stop uh so Mr Lester has consented to the uh to Mr dager mag goian with the drawing as his attorney if there's some arrangement for Mr dagger mosan to send information to the ACLU uh that is court has no control over whether he is going to do that and the court has has no authority to require him to do that what the court has required to do under this process is to uh provide for the appointment of a special public defender uh if Mr Lester uh can get the ACLU to represent him then you need to make arrangements to do that and if there's an appearance filed by the ACLU then uh they are welcome to represent him uh but as it stands now uh he is without attorney and the court will make uh the appropriate arrangements to have a special public defender appointed if the ACLU uh wants to substitute in place of that person uh they are welcome to do so yeah um I also like for a PR B I've been sitting here almost 180 days my bond is ridiculous my family's not going to be able to pay that all right I will adjourn this case to February 7th I'm requesting a bond please for the court of Rec Mr Mr Lester let me do one thing at a time your constant interrupting me I'm just tired man I'm tired Mr stop interrupting me Mr Lester Dam how is man pre-trial is adjourned February 7th at 8:15 a.m. Mr Lester has made a request for a personal recognizance Bond uh court has addressed the issue of bond with Mr Lester uh numerous times previously uh my decision on Bond and reasons for it at this point uh have not changed to be Mr Lester currently has a to expensive sir to expensive Mr Wester currently has a $5,000 cash assurity bond in this case and that is appropriate in my opinion to assure his further appearances uh at this court and so I'm going to deny the request for a personal recognizance Bond that's C I white right you know what Mr Lesnar stop I I muted your device Mr Lester you have been warned repeatedly uh by me in this hearing as well as in other hearings you are in contempt of this court as a result of your behavior here today it's a sentence of the court that you served 93 days in the lenaway County Jail uh there's no further information that the court needs to uh find the content it was directed in the presence of the court and after being warned numerous time times so Mr Lester you can let the officer that's with you know that you are done with court for today I will put the device in the waiting room until you are gone okay Miss henigan are you ready to proceed with Mr Lester I am your honor okay we are on the record in file 23- 21516 FH people versus Donald Raymond Lamont Lester we are here today for a pre-trial hearing in this case and we're proceeding today by video conference first let me ask the attorneys to place their appearances on the record beginning with m MCL EB McClure on behalf of the people good morning your honor to meis henigan on behalf of Donald Lamont Lester who also um goes by the name Damiano feain sorry what was that second name dariano d o m i a n o last name f f is in Frank a i n all right okay so where uh do we stand with this case today Miss H I did have opportunity to meet with my client just this uh this past week he's this case has been reassigned to me as the court is aware and um and we are working well together but I do need to set this out well actually I think we can just schedule it for trial and and then also um your honor my client has asked me for two things this morning one that I make his wishes known his request known that he is requesting that the court set aside the attempt that he was previously sentenced on on January 24th two that he would like an opportunity to speak with the court and he understands that um he needs to do that within boundaries and guidelines um and be respectful in speaking with the court and take turns and so I asked him I told him that I would ask the court to give him an opportunity to speak to the court and he has assured me um that if at any time I instruct him that um he needs to stop conversating that he will follow um My Le your honor all right let me uh first ask M McLure is there anything we need to address from people's side at this point um just that I wanted to place the offer on the record because I know Miss hingan just inherited the case and we we weren't really successful in doing that before um so at this time the offer as stands as an attempt possession of meth and uh an RN we would agree to no habitual and no MDOC um if he pleads to those counts thank you as it stands right now is current he is a habitual fourth and um his guidelines are 46 to 120 in the MDOC thank you Miss McClure okay and uh so if we get to a trial how many days do we need for that probably just one I was going to say too Miss mlar just for just a caution but I it's up to you maybe a a Wednesday plus another day like a day and a half yes that sounds great all right so I'm going to set it for a trial then just so we have a date uh to move forward one way or the other um Miss Clark can you give us a a uh two-day jury trial date please June 20th at 9:00 a.m. and June 21st at 9:00 am I'm available both of those days Mr sne appears to be available then too okay so let's set a pre-trial then for June 12th 85 uh obviously if there's some uh resolution that gets reached in the meantime and you want to get into court before that we'll do what we can to uh accommodate you thank you your honor okay uh so then uh Mr Lester uh what is it that you would like to say every time I try to CH something and I was getting cut off and and and not to be disrespectful but it seem like my Constitution my civil W are just being ran through and it seemed like when I was trying to intervene to try to catch myself to make sure that I was being heard it seemed like if I didn't say something at that time I wasn't going to be heard that's just that's just that's just any conversation between two men that's usually how it go um no disrespect to your CLA your jurist or anything to that nature but I just wanted to make sure that I was being heard for the quarter record because it seemed like anytime I went to say anything else I was being cut off it all and it started all the way down from uh Mr Morgan and it's still and and I still feel like that my back is against the wall over some driving tickets I've I've addressed those so many times that that's what I was arrested for and it's just like I'm not being hurt I'm not being hurt and I'm looking to you for some type of guidance but then I'm just being it seem like I'm being like double team from you and the prosecutor's office I'm being held for something that I did over 30 years ago uh 20 years ago I haven't been in any trouble I don't like being in this I don't blank it at all I can't stand it I'm around kids now I can't stand how they look at this I hate every bit of it and I just got AAA yesterday like three of them and make it so bad they put us all back in the same block and I got AA in the hole I don't I don't know I I don't get this I I I have no patience for this anymore um and as far as the habitual go well you already know that you know as far as that goes the S the the the the language from Michigan and Ohio is totally different totally different and I always thought that it was had to be a pattern and I don't have a pattern this was this was something that happened in 91 the last time I got in any kind of trouble was in 2000 that's only 23 years ago and under Michigan rules they always I just read it just not too long ago that they had an automatic uh uh expungement after 10 years so I'm still trying to figure out why is I'm being hit with these habituals like I'm some type of I stay in trouble all the time been I've done more in this community than anybody has ever been that that have ever done anywhere else I'm I'm helping that shelters I'm doing what I can I help out the woman shelters it's not like I'm just sitting around and thumbing around getting in trouble I'm not like that I don't like trouble I'm been trying to help people I'm not I'm Not Jesus or anybody trying to save anybody but I'm trying to be mindful of of my my fellow my fellow human being that's all I'm trying to do but I'm tired man I've lost everything in the past 6 months I am it feels good to say that I'm a government contractor after coming where I come from cuz I'm not from here and I was being told by Ohio that I need to come take care of this but I didn't want to come in that courtroom without me having no some some type of foundation to establish myself isn't trying to DP these tickets and that's what they're trying to make it seem like and as they trying to make it seem like I was getting a trouble on top of it and I wasn't I was assaulted by two of the police officers my f was busted wide back I was stabed and that officer knew prior to that this was what that all is suting and nobody seems like they even care I've been asking for the August 2nd for the a August 2nd body cams and and I'm not getting anywhere so you can see it for yourself okay not wrap it up for me okay so that the judge can move on and I can make hurt feelings man it hurts me as a human being to see somebody treat me like this I don't okay thank you thank you your honor for giving him an opportunity to speak to the court um I'm looking into these things that Mr is concerned about and I will be going back over to meet with him to discuss it further I just wanted him to have a chance today to establish um a little trust in the court that you will hear him when he um when he works within the boundaries and the court rules that are established all right I uh have previously stated in other uh Court hearings my uh reasons and rationals for the decisions that I've made uh in this case and I would stand on those so we can uh conclude the pre-trial in this matter Mr Lester you can let the officer that's with you know that you were done with court for today I'm going to do a breakout session before I go Mrs henan before I go I need to talk to her real fast because I'm still is the court able to accommodate that if not I can go over and see him do that brief thank you I didn't hear what he say I can barely hear gonna do the breakout hang on H he's gonna do the breakout just held tight he's gonna put us in the room together uh people of state of Michigan versus Donald Raymond La Lester we are here today for a final pre-ra conference in this case uh ahead of a trial scheduled for June 20th and 21st we are proceeding today partially in person and partially by video conference first let me have the attorneys Place their appearances on the record beginning with MS m EB McClair fingan for prosecutor of record Isaac Ste SAR Hunan on behalf of Don Lester all right and uh Mr Lester I believe is in the jail Zoom two device Mr Lester are you there yeah I'm here all right so uh I don't know what's going on with the camera we can't see you it looks to be sh almost I'm saying that we can't see you Mr L um so M uh henigan uh where do we stand are we ready to proceed to trial on June 20th thank you your honor uh I met with my client yesterday and did make the final offer to him with regard to plea agreements my client has declin to accept um the The Plea that was offered by prosecution I also was informed by my client that he um has filed a few motions I guess you would say Pro I have not seen those motions myself but he says he mailed them to the court uh he does have many objections to the proceedings that being said the next step that would be appropriate um with regard to our legal procedures would be to go forward with trial I am prepared to do that um though I do believe that my client will object to that your honor um so I want to make sure that I represent his wishes as well while I still inform the court of whether or not I'm ready to proceed so I I will be ready to proceed trial next week that being said my client does not want to go to trial as he feels that this that the court doesn't have jurisdiction over him on this matter in order for us to move to trial and he was very upset I would add just for the record for his uh for appell of purposes for him that he was upset that I agreed to a trial schedule um at a past hearing and I I did try to explain to him that that's just procedure that the court is on time frames uh according to statute and that some point we do have to set a trial schedule even though it was my intent to continue to try to uh negotiate this case for him along the way all right to the extent that there's any objection based on uh Court's Jurisdiction uh I would I can't hear you can you speak up please to the extent that there is to the extent that there's any objection uh to proceeding to trial based on the Court's Jurisdiction would deny that as uh the court uh does have jurisdiction over this case it is a uh felony case involving an alleged felony which is alleged to have occurred within uh lenaway County state of Michigan this is the circuit court for the lenway county state of Michigan and therefore uh jurisdiction is appropriate uh Ms McLure uh is there anything we need to address from the people's side um the people have not received any motions that have been referenced um but as far as I know we are prepared to proceed a trial next week as well right all right so uh do we have proposed jury instructions and Vader questions yet we do not I know I spoke with Mr sne yesterday but I'm certain that we can um we can agree upon those within the next day or so I see some in our file so maybe he's drafted them and just not yes it was working on them okay so I'll need those by the end of the week so that we have an adequate amount of time to get prepared right um for trial I would also like to uh intervene here real quick but that being said I was G the motion is just not for the jurisdiction it's also for personal jurisdiction and subject matter jurisdiction um I had the right to a resistant on law for arrest and it's not being addressed uh the Supreme Court ruling on that uh I just read that not too long ago and um they arrested me for uh a old traffic ticket is where it started at um they're trying to dodge the point of uh where they harassed me for three days before they arrested um and as far as this possession situation go um I was informed Yesterday by my attorney who I haven't talked to since uh March uh that I was looking at 14 years um under your court Michigan rules that uh after 10 years under a lower uh L felony after 10 years it's automatically expained so I'm trying to figure out how am I being charged with a habitual criminal and also I would like to get that in writing that you said that you have jurisdiction over this case but not the said person and that's all in the Motions that I sent over to the clerk's office I also have all notorized I also have copies of everything that I sent over there so there should be somewhere in your file that y'all should have it and personal and like I said I haven't talked to this woman since March she told me that I was born to be released out for Bond uh and I haven't heard anything from her since then I wrote her a letter the first time I seen this woman in about two or three months his first time was yesterday and she doesn't represent the said name anyway I've talked to her about that situation too somebody's not being truthful here and I've been sitting here 10 months without a bond or or even so much as calling my Witnesses she never ask me anything so my due process is being violated also I'm sitting in here on an unsigned warrant unsigned a probable cause War they trying to make it look like they arrested me for those charges and that's what that's it's not what it was for that's not what it was for I was arrested for driving on a suspended license from back in 2016 that case got dismissed yeah I did he's not addressing none of those issues your honor period Mr Mr Lester I need you to stop interrupting people okay what is it that you wanted to say I did inform him yesterday that the charges he was facing could um that it's up to 14 years because there's consecutive sentencing available on those charges he has a felony that is up to 10 years and then two rnos which can be sentenced consecutively if that were requested and or if the court were to do it and I informed him of that at the time that I was telling him about the plea agreement that would allow him to be released today um so he is correct and that I did inform him of that but it's not because of a habitual offender um notice and he asked me about that yesterday and I reiterated again yesterday that that is not why um that not why he's facing that amount of time it was simply need held in worst case scenario um in this matter all right so uh to the extent that that personal jurisdiction issue has been raised in addition to subject matter jurisdiction i' again deny any request uh on those bases because the court again has personal jurisdiction over Mr Lester who is a uh human being located in lenaway County Michigan and alleged to have Commit a felony crime in lenway County Michigan did I viol respect to with respect to the argument that Mr Lester made regarding the right to resist an unlawful arrest uh that's why the court is having a trial one of the elements that the prosecutor needs to prove uh in a resisting and obstructing cases that the officers were uh on duty acting lawfully and made a lawful arrest that uh Mr Lester resisted so that's that's the purpose of the trial uh with respect to uh any issue about uh expunged convictions uh we're not we're not even to that point yet the the habitual offender issue comes into play only after uh a conviction has entered and then the court has to determine whether the convictions listed in the habitual offender notice in fact happen and can appropriately be used under the statute uh for the sentencing enhancements that uh have been notified uh in the information and so uh okay so you get done I like address issue too please all right I'm GNA mute Mr Lester uh because I can't have people talking over me while I'm trying to uh create a record uh all right so then we are ready to proceed to trial on June 20th again I'd like to have the Vader questions and jury instructions uh ready or to or by the end of the week so that we can have those uh ready to go thank you y yeah um well we go M M M MCL can I just understand from you what that final offer you made on this case or what the final offer the prosecution made on this case was yes it would be M mcair I actually have a copy that I could pass to the court too if that's okay with you yeah I I mean we'll just take a second it's an added count 4 possession of meth in a park which is a two-year offense and we were offering credit for time serve which is approximately 10 months and we have no objection to a PR Bond at the time The Plea is taken m m could I just add that uh Mr s did inform me that you had authority to um do fins and cost only on this as well would that be accurate um I think yeah I think that would be part of the credit for time served thank you [Music] so uh the prosecution has made an offer to resolve the case uh if Mr Lester were willing to plead guilty to uh possession of methampetamine in a park that's a twoyear uh maximum possible penalty but the prosecution has also agreed to uh credit for time served and or fines and costs and a personal recognizance Bond release until the date of the sentencing is that all accurate Mis is that crazy yes and uh Mr Lester is not interested in uh agreeing to that please is that correct it's my understanding but seems that he would like to say something about here so I'd prefer that he answer that question himself I would like to say something because of the fact that you keep trying to let me out on a PR Bond and you want me to come back to court for sentencing but you won't let me out to try to get my Witnesses and gather the evidence that I need to be able to present it at trial I haven't even went over this one I haven't even went over any kind of Defense with this woman I am being prosecuted and persecuted by her and a prosecutor and it's obvious it's very obvious it stands out I haven't talked to this lady since March March and when I did she came in there and coher me there trying to keep her on my case all right so Mr Lester that wasn't really responsive to the question that was asked the question you're being I don't nothing about that I told her what it was then and and Mr Lester Mr Lester you keep trying to cut me off well that's because you won't let me create the record and do my job so I'm I'm trying tring to do my job you're not the one sitting in jail sir well I'm in Japanese prison Lo Japanese pris got me would you please mute my client I I don't want him to record should reflect that record should reflect that Mr Lester had I'm sorry so Mr Lester the the question I'm asking and that I need an answer to Is is uh you you've heard the offer that I've indicated the prosecution has made to you to resolve the case do you or do you not want to no I'm not because they had no business arresting me you Wasing anybody simple no is fine that's all I needed all I needed was no um the answer is no so we will proceed to trial next week uh I don't think there's anything else we need to address this morning so offic that you are done with court you what I'm saying yeah we see what you're saying when it came to trial date you pled to that one count just just like they offered you next up sentencing day and thanks for hanging out with on Factor frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our faxer frauds channel members and if you'd like to become a member click on join right next to subscribe or the link in the description now if you're still hanging around thank you why not hit that Thumbs Up Button subscribe if you're not already and ring that Bell also leave a comment in the comment section tell me what you think till next time I'll see you soon