[Music] [Music] and welcome to facts or frauds. [Music] [Applause] [Music] >> Hello. So, can I have your name, please? >> Uh, my name is Dana Mcoo. >> Okay, just a moment. Okay. You said your last name is pronounced Magoo. >> Yes, ma'am. >> And generally speaking, I appoint the public defender's office to represent at least at the arraignment stage, but I was informed that you didn't want to speak with the public defender. So, are you intending to represent yourself for the arraignment? Um, I'm here to figure out what the charges are. What am I being charged with >> now? Calling case number 2500289. This is the state of Michigan versus Daniel Ryan Mcoo. Can you please state your name for the record? >> I'm trying to figure out what the charge is. >> Yes, that is the purpose of the hearing today. So, as >> who's who's the complaining victim >> as part of the proceedings, can I have you please state your name for the record? >> My name is Daniel Mcoo >> and I am not a shy of the state. I'm not a ward of the state. >> Okay. >> Can I ask what the charges are? >> Yes, I am getting there. Please give me a moment. So what we are here for today is an arraignment. The purpose of an arraignment is to inform you what you are being charged with and to make sure that you understand the charges. I am not going to be asking if you agree with the charges. I am not even going to be asking if you understand why you are being charged with them. The purpose is to make sure that you understand what the charges mean and that you understand what the potential maximum penalties are. So, what I have here is a misdemeanor complaint that charges that on or about or between the dates of February 15th, 2025 and June 23rd, 2025 at McKeen lot 72. You did maliciously use a service provided by a telecommunications service provider with the intent to terrorize, frighten, intimidate, threaten, harass, molest, annoy, or disturb the peace and quiet of Alyssa McCloskkey, an individual with whom you have a child in common by using any vulgar, indecent, obscene, or offensive language, or suggesting any lewd, or lascivious act in the course of a conversation or message through the use of a telecommunication. service or device. This is otherwise known as malicious use of a telecommunications service. Do you understand? Do you understand what the charge means? >> I do not understand that. I do not understand malicious use of service. Do you comprehend that what I am saying is that you uh allegedly maliciously used a telecommunication service device. That would generally be a cell phone. I suppose it could also be a computer or something else. >> Okay. And >> what were the dates? >> What dates? between February 15th and June 23rd >> of this year >> of this year. >> Yes. Okay. Now, as I stated at the beginning, I'm not asking you if you agree with the charges. I'm not asking you if you understand why you're being charged with them. What I want to know basically is, do you know what the words coming out of my mouth mean? >> Do you understand the words that are coming out of my mouth? No. >> Okay. So, the way that this is going to work is this. If I am not able to arraign you on the charges because I can't tell if you understand what I am saying, then the next thing that happens is that you get referred for a competency evaluation. At this point, I do not know how long that will take. And that means that you will stay where you are until we are able to either arraign you or you are determined to be incompetent. >> So I don't have um I'm not a like I said before I'm not a shity. >> Yes. >> I'm not a a ward. Um I'm actually a protected individual and I have did no crime. There has been no body of a crime. No corpus delecti. I have committed no crime at all. Mr. Mcoo, if I cannot determine whether or not you can understand what you are being charged with, then I cannot arraign you. >> Okay? >> So, >> if there is not a body of a crime, if I have not harmed anybody, then you can't arraign me. It's corpus delecti. It can't happen. And if you do try to enter in a plea of competency or or I don't know what what is that what you're going to you're going to hold me here hostage until until what? A body of a crime happens. When is the crime going to happen? >> Okay. So, Mr. Mcoo, we will not be proceeding today with the arraignment. You are free to go to the door and tell the jail that you are finished. Thank you. Now calling 25S00289. This is the state of Michigan versus Daniel Ryan Mcoo. Mr. Mcoo, can you state your name for the record, please? >> Daniel Magcoo. >> Okay. Before we get started, will you be accepting attorney Motton's representation for the purposes of this arraignment? >> Yes. >> Okay. So, I am going to do this in a slightly different order than I usually do. You do have the right to remain silent. Anything that you say out loud or in writing can be used against you in court. You have the right to be presumed innocent beyond a reasonable doubt. You have the right to a trial by judge or by jury. You have the right to be represented by an attorney during all stages of these court proceedings. That is before, during, and after trial. If you cannot afford an attorney, one can be appointed to you. And again, we do have attorney Motton here who can represent you at least for the purposes of this arraignment. Lastly, you are not required to disclose citizenship status to the court, but you do have the right to consult with an attorney to see if this case would have any effect on your citizenship status. If that last part doesn't apply to you, then you don't need to worry about it. So, do you have any questions about your rights? >> How who would I talk to about my citizen status? >> An attorney. So, you can talk to attorney Moten about it or you can retain counsel. >> Okay. Okay, thank you. Now, we are here today for an arraignment on the following. What I have is a misdemeanor complaint. So, this is alleging that you would stand accused of the following offenses that occurred in Ipsilani Township on or about or between the dates of February 15th, 2025 through June 23rd, 2025. The location being 6988 Mckeen, lot 72. Count one charges that you did maliciously use a service provided by a telecommunications service provider with the intent to terrorize, frighten, intimidate, threaten, harass, molest, annoy, or disturb the peace and quiet of Alyssa McCloskey, an individual with whom you have a child in common by using any vulgar, indecent, obscene, or offensive language, or suggesting any elude or lascivious act in the course of a conversation. or message through the use of a telecommunications service or device. This is again a misdemeanor. It has a maximum penalty of up to 6 months in jail, a $1,000 fine plus court costs or both the jail time and the fine. Count two charges that you did maliciously use a service provided by a telecommunication service provider with the intent to terrorize, frighten, intimidate, threaten, harass, molest, annoy, or disturb the peace and quiet of Scott McCloskkey by using any vulgar, indecent, obscene, or offensive language or suggesting any elude or lascivious act in the course of a conversation or message through the use of a telecommunications service or device. Again, this is known as malicious use of a telecommunications service. It is a misdemeanor with a maximum penalty of up to 6 months in jail, a $1,000 fine, plus court costs, or both the jail time and the fine. So, you understand that you are currently standing accused of two separate counts of malicious use of telecommunication services? >> Yes. >> Okay. Thank you. So, Attorney Motton, do you want to address the plea and the bond? >> Yes. Ashley Molton, on behalf of Mr. Makoo, who will stay mute to the charges. Um, Mr. Moo presents himself today in a much better space than he was last week. Um, we discussed the uh bond conditions. He has no issues with any of them. Um uh I did see on the uh prosecutor's bond form they're asking for a monetary bond and a tether. Uh I believe both is is pretty uh excessive for this charge. Um he hasn't had any issues or there haven't been any any reports about um having any contact or physical contact uh with either of these complaining witnesses. Um there are pending civil cases for false police reports um regarding these matters. Uh he is in custody until at least until the 17th for other pending uh charges. Uh we are requesting um a nominal bond um so he can get um jail credit. uh that will convert to a personal bond if he is released on those other cases. Um if the court finds that a tether is necessary um then we understand that but however I believe both um is pretty excessive. So we are requesting um either the tether or a nominal bond that'll convert to a personal bond. Thank you. >> Okay. Thank you. The court will set a pre-trial conference date that will be July 21st, 2025. That will be at 9 in the morning over Zoom in front of Judge Washington. The court will set bond with the following conditions. You are not to use or possess alcohol, marijuana, or illegal drugs. You are not to purchase or possess any firearms, ammunition, other dangerous weapons, or the means to create them. Any weapons that you do possess are to be surrendered. You are not to leave the state of Michigan without the court's permission. Within 24 hours of your release, you are to report to Community Corrections for Drug and alcohol testing. You will need $12 and a photo ID. You are not to have contact with Alyssa McCloskkey or Scott McCloskkey. When the court says no contact, what the court means is the following. You are not to have in-person contact. No contact through the mail. No contact over the computer or phone or other telecommunications service or device via phone calls, text messages, emails, social media, the internet in any way, shape, or form or through third parties. You are not to go to that Mcken address when the court says do not go. The court does not care if you own a place, rent a place, or are personally invited to go to a place. Do not go. You are not to engage in any sort of assaultive, threatening, harassing, terrorizing, molesting, or stalking behaviors towards Alyssa McCloskkey or Scott McCloskkey or anyone else. You are not to engage in any sort of criminal activity whatsoever. You are to appear for any and all dates set for you by the court. The next one in this matter being that July 21st pre-trial at 9 in the morning over Zoom. These conditions will be Oh, that also means going to community corrections as directed. These conditions will be entered into the law enforcement information network. They will be readily accessible to any police officers that you may come into contact with. And if they have probable cause to believe that you have violated one of these conditions, they can arrest you on the spot and you'll be held for a bond violation hearing in front of a judge who may revoke your bond and set a new, more restrictive one. At this time, the court is going to set a $10,000 cash or shy bond. 10% is allowed. Mr. Mcoo, do you have any questions about anything I've just said? the bond meaning I can I not be released until that bond is paid or is it if I violate I have to >> how does that work? >> So at this time it's a $10,000 bond you can post $1,000 to be released but my understanding is that there are other matters keeping you >> in custody at the moment. So, you're saying that if um even if I cleared up all the other matters, unless I post a thousand $1,000 from the 10% of the 10,000 that I'm stuck in custody ultimately indefinitely, unless I post $1,000. >> Currently, yes. That can be readressed at your next court date though on the 21st. that is really intangible. I I I I would just really request a smaller bond um being that there's pending civil cases against these people for malicious use of law enforcement um and false reporting in federal court. >> Thank you, Mr. Mcuten. And I can appreciate that. I can also appreciate the uh that there was a bench warrant issued for failure to appear out of the 22nd Circuit Court. So bond is set for two reasons. One is to ensure your appearance at future court dates. All right. So at this time bond is what it is. You can certainly request that it be modified either through a motion prior to your next court date or at the next court date. But your hearing is concluded at this point. You are free to go to the door and tell the jail that you are finished. >> Thank you, Ashley. >> Here we go. Court does call the case of the people versus Daniel McB. >> Good morning, your honor for the people. Sir, state your name. >> I'm here on a special appearance, your honor. Magoo is easy trust registered in Jackson County and a case number 2522246. >> Okay. Is your name Daniel? Your >> honor, uh, that is the name you seek and it is copyrighted and trademarked. >> Okay. Very well. U, M. Mr. Reg, are you represented by an attorney or do you wish to be represented by an attorney on these matters? >> I am not. >> Do you wish to be? >> Nope. >> Not this time. >> Let me then do this. And you have two cases before this court. One being the case ending well. Let me get the full case number case number 25 F40523. In that case, sir, the complaint does allege that on March 27th, 2004, you committed the offense of operating while intoxicated. Do you understand what you're charged with? >> I do not. >> You do not understand that. >> There's no eyewitnesses or corroborating witnesses at all. >> I'm not asking whether or not the proofs are there. Do you understand what you were charged with? >> I do not. >> Do you understand the notion of drunk driving? I do not understand how I could be charged with something without a witness. >> Your other cases when you represent yourself, so we'll just do it. >> Talking about the case that's in federal court right now for a complaint in that case for a charge of operating while intoxicated third offense because it's a third offense that is a felony. It is punishable by up to five or $500 to $5,000 up one to five years incarceration. The court can order probation 30 days to one year in jail or at least 48 hours must be conserved consecutively. The court can also order commu community service rehabilitative programs. The court can also order your vehicle immobilized can order you to pay the cost of the prosecution as well as cost of any emergency governmental services. >> As as I am here and as a trust your honor, I am here in exclusive equity. Exclusive equity. You count two on that complaint is a charge of operating while license suspended, denied, and or revoked. That is a misdemeanor punishable by up to 93 days in jail. $500 fine plus court cost and your vehicle could be subject to immobilization. >> My license is canled, not suspended or revoked. It is canled through the state of canceled. >> Is the charge of escape from lawful custody that is a misdemeanor punishable by up to one year of $1,000 fine? I was never arrested or read any Miranda rights. >> Assume given that the defendant is talking in English that the he understands English, understands the nature of those charges and what he's charged against. >> So malicious prosecution by county prosecutor. >> Sir, there is great peril in representing yourself. You will be held to the same standards as anybody apply or >> this is a matter under the Eastern District of Michigan federal >> case number 251126 were not represented by council. I would further indicate sir that at any point during these proceedings if you wish to be represented by council you can make that request to the court and council will be appointed to represent you because of the defendant's conduct in the past in not acknowledging the court and what the court is saying. The court does make the presumption that he does speak English. He understands that. I would further state on the record that Mr. Mcoo has been through this process before. He does understand that if he does wish to be represented by council, the court would give him counsel or would have counsel appointed to represent him in this matter. In the case 25 F39 9 or 7 0979. In that case, sir, you are before a complaint that alleges that on or about July 3rd of 2025, count one is fleeing an eluding fourthderee added on by the pro office after the fact. >> That is a felony punishable incarceration and a $2,000 fine plus court cost. Mandatory suspension by the Secretary of State. >> Secretary of State, anything can. I have no contracts with the state of Michigan. That is a misdemeanor charge. >> This is a matter of trust, your honor. This is a matter of trust. I am protected under >> days in jail. A $100 fine plus court cost. Count three on that complaint alleges operating a motor vehicle without security. That is a misdemeanor pun not punishable by not more than one year incarceration and not less than $200 nor $500 fine plus court cost. Count four is operating while license suspended, denied, and or revoked. That is a M. >> All of my registrations are through the federal government. I have federal government registration. I do not have contract to be subject to immobilization. Count five on that complaint. Alleges refusal to a refusal. >> I have an international driver's permit. >> Officer, that is a misdemeanor punishable by up to 90 days, $100 fine plus court cost. I would indicate to the defendant the same admonishments regarding the perils and representing oneself that I stated in the other case also apply to this case. >> Will you serve your notice and summon yet? Your honor, >> wishes to have counsel appointed. The court would consider or would appoint counsel to represent him in this matter and he apparently wishes to proceed. >> Were you served in the charges? Sir, do you wish to still proceed without an attorney? I just want to know where do you get your powers? Are you an article three judge or an article six judge? >> Where are your best powers? Can you answer that attorney? >> You can't even answer what your powers are. >> You can look it up. >> No, you guys disconnected my access to any kind of law, library, or anything. You are article six judge under the Michigan Constitution. You have no authority to deprive me of my right. >> See how much authority I have. I will assume that you wish without counel. I w I will assume you wish to proceed without counsel and that you will wish to continue to proceed practicing law to inform the court otherwise. Miss Lante, >> thank you, your honor. Is the court completed the arraignment for the record at this time on? >> Well, he had been arraigned. I I was just admonishing him of the perils of representing himself and that it requires in part that I let him know what he is charged with and I've read them kind of in fully more so than I would have because he refuses to acknowledge those. So I am satisfied that he now knows all of the charges that are against it. >> Thank you, honor. The people would like to be heard on bond when appropriate. >> All right. Uh what do we want to set this for? Do you wish to have a preliminary examination, sir? This is a matter of a federal matter now, your honor. Under case number 2511226 under the Eastern District of Michigan under the honorable Mark A. Goldmith and Magistrate Judge David R. Grand. This is >> this is this there is no there is no pre there is no proceeding here, your honor. >> There is no proced Oh, there's a proceeding. >> Well, malicious prosecution is what the proceeding is. >> Okay, very good. Do you wish to have a preliminary examination? >> There is no there's no proceeding, your honor. This is a matter that should be stayed and discussed. >> What is the people's position on whether or not we should set this for preliminary examination or during the probable cause? >> Uh your honor, um I don't know if the defendant has received all discovery in this matter as he is representing himself. So I would request a probable cause date um potentially >> because you've got to send it. >> Yeah. Who who restricted my phone conference? You know what? >> You're going to have to stop interrupting. I will give you an opportunity. you've been before me before. I will give you an opportunity to say whatever you want to say, but I'm not going to have you interrupt me and I'm not going to have you interrupt the people when they're talking. >> London, you were saying. >> I thank you, your honor. Um, I have to get there's video evidence in addition to the paper discovery. I've got to make arrangements with Lieutenant Arnett um to work on that. So, it may take just a bit longer. I would potentially look at the seventh maybe if the court would have entertained that. and then um I will wait to be heard on bond when the time is appropriate. >> I will adjourn the probable cause August 7th, 2025 9:00 a.m. >> As your honor, I been reviewing XJL and I wanted to double check if the defendant had arranged. It's not clear to me from a couple of different things, but it does appear that he has been set with a $10,000 bond in 25 F30979 as well as 25 or 0523 each $10,000. >> Yes, >> your honor. I do think it's important that the court have some additional information and I would have to ask the court to revisit the issue of bond. First and foremost, I think it's important the court know that the facts alleged in the newest case, the 25 F4, I'm sorry, the 25 F30979. It does include the fact that the Michigan State Trooper who pulled the defendant over noted in his police report that the defendant had a license on his vehicle that indicated he was a diplomat and that he refused to identify himself. He refused uh for quite a quite a bit of time. Additional units had to be brought to the scene from the sheriff's department in order to uh for lack of a better term deal with the situation and ultimately they were able to identify him as the defendant Daniel Mcoo. The concern with that goes along with the other case which is an owi. It is charged as a third. I will note that it is true a true fourth to the best of my understanding. So there does appear to be an alcohol problem going on. And I also think it's important for this court to know because I don't know that the court knows the defendant has a third new case, telecommunications malicious use with a domestic relationship that is currently pending as well. He's also been set $10,000 10% in that matter. Um but I think >> where is that case? >> That case is out of 14B, your honor, but for Judge Washington, >> a codefendence with the federal case that you guys are both in and this is a conflict of interest as both of you guys are defendants in my federal case. >> Go ahead. I also understand, your honor, that the there is a municipal case out of Canton Township that was set for a jury trial in April of this year where the defendant failed to appear. And uh it was there were jurors, there was a veneer that had been brought in. And I I bring all of this up to say, your honor, that the people are concerned about the defendants's ability to remain law-abiding because I'll also note for the record that at the time that the new uh resisting, obstructing, fleeing, and looting case and the telecommunications malicious use case came up, he was in bench warrant status before Judge Slay is my understanding, for refus, refusing to appear in person. I say all of that to say this. I do think that $10,000 is too low. And I also going to request a scram tether because this is an OWI for alleged as well as a GPS tether given his history of failure to appear and failure to comply with court regulations. Thank you, your honor. >> Is the branch warrant before Judge Slay still out? >> She has bond denied in her case now. >> His bond's been denied in that. >> Yes, that's correct, your honor. >> Got it. >> Anything you'd like to say? um anything to do with any contracts with the state of Michigan are void abinish uh for uh a matter of law as I have an canceled driver's license and I have an international driver's permit international driver's permit and that also relates to the Canton case that they're trying to stick me for a driving unlicensed suspended citation in which that I have an international driver's permit making it also So, void. All of my matters, including the vehicle that I'm registered under, are registered to the federal government, not the state, under the uh federal motor carrier safety administration. All of these charges are frivolous and a part of a long pattern of malicious prosecution by Miss Liy, the county prosecutor's office, and quite frankly, you your honor. hearing argument regarding bond. The court does believe that it was an abuse of discretion given the circumstances of this defendant to set his bond at the $10,000 figure um after hearing argument during the file. The court does believe that not only does defendant pose a risk to the public, no victims. I do believe that the defendant >> um is a risk of flight given those circumstances and has indeed at least is charged in this case um refused to obey or plead fle fled and eluded it. >> That was added on afterwards. The police officer did not report that at all. The court um given those circumstances um would in each case raise the defendant's bond grant the people's motion defendants bond in each matter set in the amount of $50,000 cash pasture. >> Thank you. The tethers I requested if he is able to post your >> I will. >> Thank you. >> Thank you, >> sir. Um in the jail, can you please um I think they're working on it right now. Tell us your first and last name. We don't know who you are. >> Yeah, I'm here on special appearance. I'm Daniel Mcoo. >> All right. Thank you. >> All right. We're going to put you in a breakout room with your attorney, Mr. Mcoo. >> Could you take us off live? >> Are you sure? >> Yes, sir. in anticipation of about what I'm going to go through right now. This is absolutely all your fault. >> Oh, in anticipation >> in anticipation of it. I'm just letting you know. >> Let me apologize in anticipation for this being my fault. I am sorry. >> Court does call the case of the people versus Daniel Magoo. State your name. Daniel Mcoo. All right. What are we doing on this today? Um, your honor, I have a in regards to case number 25 F4-523, I have a um couple things I'd like to point out about couple of the matters here today. um in regards to count three MCL 750197 um lawfully uh detained or imprisoned in jail or confinement. Um judging by the um the definition of the statute itself, your honor, um it compels us to conclude that uh one has to be lawfully imprisoned or in jail. um jail being a facility operated by a local unit of government for detention of per uh persons charged. Um at this location, defendant was located in a hospital and not a confinement by government agency or jail. So I'm requesting that that charge is invalid. were going to be addressed that would be addressed at the preliminary examination sir as to the sufficiency of the chart. So if you're making a motion that I dismiss it at this point that motion's denied. >> Okay. Um um further in count two and count one actually your honor um both of these were um I don't know the the procedural process or or when it should get raised but both of them are account um uh fourth amendment violations. Um, and furthermore, on count 2, MCL257.904, um, uh, that the license of the defendant was revoked or suspended, uh, given the statute as well, your honor. Um the that would require the prosecutor to prove that the license was revoked or suspended at the time of the arrest and that defendant was notified and that the defendant operated a vehicle on a highway or roadway. Um I challenge the prosecutor to prove all three. Sir, >> we wish to have a preliminary examination in this. >> Um, I'm um making sure we're prepared for it, but yes. >> What' you say? >> Making sure we're prepared for it, but yes, I am. Um, what are the other options? I'm requesting all the charges are dismissed. A motion for all dismissal on all these charges. >> They're not going to be dismissed. >> No. Okay. So, if you want a preliminary examination and make your arguments, then it might be that they would be dismissed at that point, but they're not going to be dismissed on an oral motion before this has let me know that all paper discovery was sent to Mr. McL. There were there are USB drafts with video. A number of agencies were involved in Michigan State Police. responded to assist. I believe she has obtained all those videos and those will be sent interdep departmental to jail staff to serve on Mr. Mul and I expect those to be in the inter departmental mail tomorrow. >> Got it. Okay. So, we're not ready. He hasn't gotten a video, but he does not have video discovery. I expect that'll happen. >> So, Mr. Mr. Are you going to have an objection to the journment so that you can see all of the discovery that they have prior to setting this for preliminary examination? >> Um your honor, I didn't know what hearing I was prepared for today. I was preparing to cross-examine the officers today um with or without the um the video evidence. So given that um that's not the case and the officers are not here um I wouldn't like I would like a speedy trial. I would like to invoke my right to a speedy trial. >> So you you want your preliminary examination. Those are coming down to the jail to him. >> Yeah. I expect that you would have them early next week. So if the court follows follows its normal setting for preliminary examination, I would expect >> I would set it for the 19th and then >> have them >> he'd have them well in advance. and I guess I'll do it that way. Um, prior to setting the preliminary examination being a critical process, couple of things that the court wants to do. Mr. Mcoo, starting in case ending in 0979. Mr. Mcoo, you are before the court on a felony complaint that alleges four different counts or five different count, excuse me, pleading an eluding fourth degree, which is a felony punishable by up to two incarceration, $2,000 fine plus court cost. Count two is operating an unregistered vehicle, which is a misdemeanor, punishable by it for 90 days, operating without security, uh, which is a misdemeanor punishable for not more than one year or less than a $200 nor $500 fine plus court cost count, or operating while licensed, suspended, denied, and or revoked. That is a misdemeanor punishable by up to 93 days. $500 fine plus court cost and your vehicle would be subject to immobilization. Count five is refuse refusal to obey a lawful traffic order of a police officer. That's a misdemeanor punishable by up to 90 days, $100 fine plus court cost. Those events are alleged to have occurred on July 3rd, 2025, I94 near Parker Road in Scio Township. That is on the one case. On the other case, which is a threecount complaint, that three-count complaint alleges that on March 27th, 2024, the location of Dexter near Arona in the city of Milan, Washington County, state of Michigan, that you did operate motor vehicle while intoxicated. That's a misdemeanor punishable by up to 93 days, $500 fine plus court cost. There is however a third offense notice which transforms this into a felony charge expungeable by up to $500 $500 to $5,000 fine plus court cost 1 to 5 years in jail. probation with 30 days or one year in jail or at least 48 hours to be served consecutively and 60 to 180 days community service. Any rehabilitative programs the court deems necessary court could order you to pay the cost of the prosecution cost of any emergency governmental services and your vehicle would be subject to mobilization. Count two is operating while your driver's license was suspended, denied and or revoked. That's a misdemeanor, punishable by up to 93 days in jail, $500 fine plus court cost. Count three is lawful escape from custody or escape from lawful custody. Excuse me. That's a misdemeanor punishable by up to one year, $1,000 fine plus court cost. Mr. Yeah. I would just ask, do you still wish on representing yourself, sir? >> Uh, your honor, I I do. I will I I have requested assistance given that I am incarcerated and I have no way to >> Do you wish to be represented by an attorney? Sir, >> I would I would like legal assistance. >> What do you mean by that? Would you like to be represented by >> I've I've called through this every time. So, here's what I'm going to do. I'm going to advise you that there are great perils in representing oneself. I've told you about that before on numerous occasions that I would treat you the same as I would treat anybody else. You would be you would have to know the Michigan court rules. You'd have to know courtroom procedure and that you would just you would be treated the same. Not any more favorably, not any worse as you would go through these proceedings. If you wish to represent yourself, you may proceed with the court's admonishment. I've advised you as to the penalty the charges the maximum penalties. I will now ask you the question and I'm not going to just keep going around and around in circles when I ask you this question. Do you wish to be represented by council? If you wish to be represented by council, this court will ensure that council is appointed to represent you. >> Uh >> that is a yes or no. >> I would like legal assistance. Yes, your honor. I'm going to take that as your request for counsel is how I'm going to take that and so the this now becomes these two cases now become public defender assistant public public defender on behalf of the defendant. I believe your honor is already uh agreed to set it for examination. I will set he's asked for examination in the case and so I will set it I will set these for preliminary examination. Okay. >> Well, um your honor, I I I would ask given that one of these um cases um in regards to the March 27th, 2024 case, uh there was an uh there is an undue delay. Um it's been over I think uh 390 some days since the war warrant was requested and uh this triggers uh due process violations under uh US versus Levasco people versus Bassard people versus Rosen Green um and procedural unfairness um sixth amendment violations and I do request that the prosecutor provide um or pass the uh or provide information in regards to the threeprong test under people versus Hernandez. Uh one of them first test being the explanation for the undue delay for 390 some days. Uh the second part of that test being uh to prove that the delay was not deliberate. And then the third part of the delay uh or the prong test is to um make sure that there was no undue burden on or prejudice on the defendant. And um in that regards, your honor, I also am requesting that uh I do have due process 14th amendment um rights as well as eth amendment rights. And a lot of these are facially invalid. A lot of these charges are facially invalid. And I'm just requesting that uh the court uh grant a personal reconnaissance um on my behalf. And um for both of these charges being that we're looking are really just uh misdemeanor, $500 misdemeanor. So >> I think he's requesting your honor to amend his bond and he's requesting to release your honor PR bond. >> A response from the people regarding his bond would ask them. He also bunch failed to appear before also with respect to the other I'll wait there are pleadings filed by office and I guess my one remaining point would be should with the court appointment the public defenders office I will make sure that the digital discovery that I reference is serend office. >> Yes. >> Judge, we will refuse that with our client once we receive it. >> So, he asked for a preliminary examination and I realize where this may be. My understanding is is that he is still being held regardless of what the bond would in this case, he's being held without bond in Judge Slay's case. >> That's my understanding >> that his bond has been denied. So, but I would >> in any event, but also given the fact that one of the charges is the escape from lawful custody, that in and of itself um in this court's mind makes the defendant a danger for a risk of flight. Also, the nature of the charges, the fleeing and eluding uh police officers as well as the operating while intoxicated. now at least alleged his third time around also this court's mind the defendant this court would consider a danger to the public so the extent that he is asking that I modify his bond conditions in this his bond in this case >> I have >> that motion is denied bond will continue as it is your honor I have a 14th amendment due process to uh the presumption of innocence and >> I understand the presumption of innocence >> and a lot of these are facially invalid your honor >> excuse A lot of these charges, especially lawful custody, escape from lawful custody, it's facially invalid. I was at a hospital, not a jail. >> If you were under the custody of the Washna County Sheriff, I understand. >> I was not custody of >> I was dropped off at the hospital and they later attacked on charges just like the fleeing and the looting char that if that's true and the people can't sustain that element, then the charge will be dismissed. But I'm not dismissing it upon your representation today. >> Thank you very much. Preliminary examination in this matter will be said August 19th, 2025 12 noon that is before me on that date for both of these cases. Um I will apprise the parties also that one of the I will call it one of the activities and I think it is a maneuver to have the court do something that it normally would not do. The defendant has elected and I will disclose it to file a civil claim as against me and a slew of other parties. Oh yeah, in that regard, your honor, >> many of those do not interrupt me. including many that I don't even know the connection. Court has this judge upon receiving this. Um, two things I read through the complaint to determine whether or not it would on its face create a conf. I consider it quite frankly to be frivolous complaint itself. um do not see that as a necessity for me to recuse myself from this gentleman's proceedings because I think that's precisely what he wants to have happen and that is attempting to manipulate the system. he will be dealt with by me as I would deal with any other defendant. And so um that is there. It has been turned over to the office of general counsel for the Washington for county. They will deal with for me and as well as the others that I see that are listed there. They will deal with that. They have also filed it appears um and again this is all part of his what I will call shenanigans to shape this. He has filed against people of individuals without specific reference in the Washington County Prosecutor's Office. Um I don't as I view what I read would not consider that any jeopardy upon their objectivity in handling this case. I'm aware that such such filings were being received by our office maybe yesterday. Um at this point we continue to proceed with this case until I did otherwise elected prosecutor. >> Can I speak on that note, your honor? >> I will let you talk, but I'm not going to let you go on in some diet trap. I've got other things to do. I' I've stood on my rights and I've stood on my beliefs this whole entire time, especially in previous case, your honor. Uh that complaint is well pleaded. Um it it does affect multiple um parties of this jurisdiction. Uh Washington County is a named party and I do believe that my um impartiality and bias uh will be affected here um as it was in the past before this complaint. Um and I do uh request a change of venue on that note for both these matters. You wish to raise change of venue, you may file that in writing, but to defend your account motion for change venue denied. Thank you very much, judge. >> Fine will continue. Thank you. >> Somebody be able to continue. >> Sir, until we meet in court, I say good day. >> Hi. Well, that's just about it. So, so thanks for watching and we'll see you again real soon and thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section telling me what you think. And a major thank you to every one of our Factor Frauds channel members. If you'd like to become a member, just hit that join button right next to subscribe or click on the link in the description. And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. and tell me what you think. 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