[Music] and welcome to facts or frauds all right yeah this is case 244-2446 SM people vers Eric Martin and uh this is a scheduled pre-trial conference on the charge of domestic violence good good afternoon your honor Nicholas staring on behalf of Mr Martin who appears the for us via Zoom Mr Martin if you can say your name for the record please capital e lower case r i of the capital N lowercase a tiin family a private living man one of the Sovereign people all right yeah this is the pre- trial conference so you are are you Eric Martin yes or no living the living man it's been known as by Eric Martin yes not not the legal fiction corporate entity defendant though spelled his name yeah you're Eric Martin in other words the living man has been known as Eric Martin yes not a legal fiction corporate entity though yeah Mr Mr uh your honor I was I was recently appointed to this case uh the prosecutor just sent me the discovery U Mr Martin has informed me that he filed a couple motions with the court um I haven't had a chance to review them but in discussing them with them one of them I'd be comfortable just asking the court I think I can do it orally even Mr Martin has been incarcerated uh for about 38 days now and under the applicable Court rule mror case if he's been incarcerated 28 consecutive days uh he can be released on a a personal recognizance Bond um I think that that's a apprpriate in this case the delay in this case was not any fault of his or anything like that it's just this he's unable to post the bond so I would ask that uh his bond be changed to a personal recognizance Bond uh from I believe it's the Thousand uh dollar bond that he has to post um additionally I just like I said received all the discovery and whatnot I would need an opportunity to review that if Mr Martin would be comfortable wanting to argue his own motions I have no problem with that um but I I'm have not had a chance to read them and I would like to know you know I wanted to be able to compare them accordingly to the police reports to see what they were but I do know that just based off of what he told me he's been incarcerated for I believe my count was 38 days today will be the 39th day on a 93 day misdemeanor um which would allow for him to be released under the uh Michigan court rules hello am I heard no hello um yeah do we have the prosecutor available on this matter he was just in here I did tell him I would be uh raising this issue okay yeah I'd like to hear from the [Music] prosecutor I got to say for the prute get a chance to say something so yeah um yeah this is on [Music] the Eric Martin case charges a misdemeanor domestic violence originally placed on a personal Bond my understanding that um he violated Bond and the bond was reset at 2000 cash because he violated I think by having I think it was correct me if I'm wrong contact with the [Music] victim judge uh Alex Springer for the people p p65 judge it's uh the people's understanding that the uh defendant cannot go to that address and went to that address uh and he was then taken into C because that address that he went to uh he's now allowed to go to so yeah and so Mr Darren you want to renew your argument about time period of being in custody on a misdemeanor case and why Bond should personal Bond yeah you're honor just uh I'll just briefly as I did uh kind of let the prosecutor know um he's been incarcerated for by my count 38 days since uh December 17th when he was picked up um and he's now it'll be 38 days uh 30 after tonight um the Court rule states that after 28 days he can be released on a personal recognizance Bond um there are some most of the reasons that it would be denied is based on some sort of delay that's attributable to the defense um I know he's had a couple attorneys but uh you know there's always been the court dates have set have been set so I think he would be eligible for the release on the personal recognizance Bond have to say you just one minute Mr Martin we'll hear from the prosecutor yes judge the people um uh the victim has been uh been sending conversation talks to the victim Advocate and the people would ask if the defendant is released on a bond that the defendant uh would have a tether placed on defendant therefore that it can be rest assured that the defendant makes no contact with the complaining witness in this matter all right yeah did you want to be heard Mr yes okay now um I want to add um under not only I mean before we get to the bond issue the cases should be dismissed which I did file a motion to dismiss already um the cour probably just received it I said out not too long ago like last week uh anyways under MCR 6.0 4 subsection c126 makes it clear that I have a speedy trial right within 28 days since I've been in jail illegally over 28 days this case should be dismissed based on violation of my speedy trial right and based under the again the cor rule I just named off I'll say it again um in case everyone heard clearly MCR 6.4 subsection c 1 through6 that is the criteria that is to be followed for Speedy Trial um time computations not their normal excluding Saturdays and Sundays and legal holidays that's always been followed wrongly and but it's not like I said doesn't apply to speedy trial so my registry the trial has been violated the case should be dismissed so I want to make I want that decided on first before we address the bond issue cuz as long as that's the uh granted like it should be then the bonds uh no issue but so once the decision's reached on the motion to dismiss I just file now um then once the decision's on that then I'll adjust the bond if it's not granted but to say on that for right now yeah Mr BR yes judge the uh the Fant doesn't get the benefit of CH picking new Council and then when picking new Council reach a date where the case will then be dismissed there's been uh I believe this is a third or fourth defense Council representing the defendant and uh if it would be then Court's client to dismiss this outright then defendants would be able to set ability to just keep picking new defense councils and once they get the 28 days be able to argue that it was a speedy trial and then have the matter dismissed so it's the people's argument that the case uh should remain as charge addressing Bond again that if the defendant is relased on person okay now what he just said was uh I was going to say it's irrelevant nonsense I've been in jail since the 14th of December that's a fact cannot be disputed I've been in jail since the 14th of December is when I was arrested by Taylor cops based on no evidence based on my brother's line allegation that I saw him which is all it is it's a line allegation but anyways the fact is I've been in jail on the 14th till now it's over 28 days the Court rule again MCR 6.4 subsection c 1 through6 makes it clear that you are in jail consistently for 28 days your right to Speedy child has been violated it demands the C calls for the case to be dismissed simple as that uh PR saying is I'm in this I'm in this video and I don't understand how I got put here all right uh we're going to put you on mute Mr Kerr this isn't uh this isn't your case at this time I'm supposed to be I supposed to be the defendant or the planet for whatever hello all right I don't even nobody even talk to me hello all right so thank you yeah who's speaking now uh this is K the brother uh all right did you want to comment on this whole matter at this time Mr no I no I couldn't even like I didn't even know it was today the court that it was yesterday and and uh I was just called by the prosecutor that is going on today I've been hospitalized and I'm now in a facility that's taking care of me and so that's I don't have nothing really to comment about I mean all right very good I to make sure that you can see me and I was heard there's nobody that like all right well thank you Mr Kurt Martin so all right I'm denying uh the defendant's motion to dismiss based upon his changing of defense attorneys the delays appear to be to a great measure caused by him by violating his bond conditions and repeatedly changing attorneys that motion is denied I will allow a personal bond in the case of $2500 conditional upon a GPS tether and uh preventing Mr the defendant from going within one mile of the victim's residents are having any contact with the victim as well as no alcohol or illegal Controlled Substances coming to court when required advising the court of changes of address or telephone number and not leaving the state without the consent of the Court not to possess any weapons Andor firearms and uh we'll give you another date for court uh that'll be we're going to need an address for you or phone number Mr Eric for that hearing or you can c to the court and get that date come to the court and get that date Mr I have objections to can I I have objections to your order okay I can I make objections not to your order I did not hear that I said I have objections to your order now first of all the um objection to your order the no de been attribute to me switching attorneys that's false okay I have not intentionally said give me this attorney over that attorney whatever they did that's that's their what they did you know what I mean I told slave from the job yes I want an attorney nothing is a trible to me so the motion should have been granted number one number two even if you still don't Grant the motion to dismiss like you're supposed to I object to the bond condition they VI might be process right I don't have I don't have I don't lose my due process right to be at my house I've been living at for 32 years the house I've been living at for 32 years regardless whether it's mine or not okay understand I understand your position Mr Martin are you telling me that you're unable to abide by my bond conditions is because I I have all right Mr I know house to go to and my do profit any please yes so Mr Martin is telling me preemptively he will not abide by those Bond conditions therefore I am going to change the bond back to the original Bond and keep it at the cash Bond because he poses a serious threat to the community he's already demonstr comply with the bond conditions and now he's preemptively telling me that he will not comply with the bond conditions I've just said so therefore your bond is remaining at what it was before cash Bond we will reset the pre-trial conference and a notice will be sent out for that next pre-trial same Bond thatat my VI process I want to appeal this now I want appeal this to the court appeals ASAP all violates my process it violates all right thank you that's going to end the hearing you can't fix stupid and thanks for joining us on Faction frauds make sure 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 [Music] think and a huge thank you to all of our facts or frauds channel [Music] members 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 tell me what you think till next time I'll see you soon