[Music] understand um I can't really ADV you about how all that works but on an interlocutory appeal the court of appeals doesn't get the court filed they only get that when there's appeals after a case is done so if you're filing an interlocutory appeal you got to file an application and you have to attach to that application all the stuff you want them to see they won't get the record unless they ask for it all right so otherwise we'll see you all back on March 19th at 9:00 A.M [Music] thank and welcome to facts or [Music] frauds what you are witnessing is real the participants are not actors good morning we are on the record in the 53rd Circuit Court for the county sh and we are providing Public Access both in the courtroom and also online and our first uh case on the morning docet is people of state of Michigan versus Trevor McLoud file 26748 FH good morning Mr McLoud and uh still your intention to represent yourself in this matter that's corre all right and um morning Mr Juliet and Mr McLoud this is scheduled for a for a docket call but also you you file a motion to reconsider the Court's denial of the motion suppress I reviewed your motion go ahead and say anything further that you wish to and support I mean I think it's pretty well laid out in my motion consider Mr people have a position no all right well Mr McLoud I mean your uh your motion to reconsider is uh that that this court uh doesn't have the authority to interpret the consent decree and and that he does that you don't have to announce your status as a tribal member to the DNR officers in order to be protected by the provisions of the consent decree um I mean I actually I'm assuming that the those statements that you make are are true you know but um but it's my opinion that that doesn't change the uh the ruling in this case because if you were charged with uh with some kind of vote registration violation or something which I was those those May well be well but that's not the violation that's in front of me well that's the initial violation for the whole reason why I'm here right right if he were if he were charged with that this might well present a defense but what I'm saying is that doesn't invalidate the officers having contact with you because they have no idea who's who out there right to to accept your argument means that they that they just don't get to to that that tribal members could just just go around and they they don't even get to get stopped when the police don't even know who they are well I think it's it's because they're supposed to be trained to to ask if we're tribal or not and in fact in the consent decree um for them to even be qualified to to handle or deal with tribal members they're supposed to have cultural sensitivity training and I can tell you right now that I called my tribe and they're not on any list that's um supposed that has had that trading so they're they not even qualify to approach or ticket or do anything to tribal members until they complete that training and they've never done it so the the testimony was that the officer upon immediate immediately upon initial contact UM did uh detect indications of impairment and then right but also Prov that he perjured himself which means his testimony is jumed right so so based upon based upon his testimony um the stop was good the investigation was good and the motion for reconsideration was done so what that does um uh sir I don't even know who you are but you got to stop interrupting the process cor I'm sorry okay you can observe but you can't participate you understand there's a difference there all right so Mr McCloud then um you previously stated that uh it was your intention to file an application to appeal the court of appeals or you still seeking well currently what's going on is I'm filing a criminal complaint against these officers and probably a civil complaint so I'm GNA make a move to stay of the Court motion to stay of the court for a bit while I uh get these complaints going and get them to the right authorities well I'm not going to do that I mean it's one thing you know sometimes when people are appealing ruling that's different but you're saying you want to pursue criminal or civil remedies against the officers I don't even know what they to be uh but I'm not going to stay stay this case for that well I'm also I've also got five more motions that I've aru I'm turn to so I need some time to sort this out well when are you going to file this I'll file one today you well here's the deal like like like you should file all the Motions you want me to hear and then I can hear them and then if they resolve the case great if they don't then we'll set it for a jury trial what we shouldn't ought to do is just kind of trickle them out and trickle them out so this case lasts you know two years or something so so what I was thinking I could do today it's give you jury Trump but if you've got some more motions to file I I'll put it out for another docket call but that'll be a motion cut off meaning that any any arguments you got about this case file them all and we'll hear them all does that I mean does that make sense I guess so okay so that's um debate for that um what about April 23rd that's in about five weeks that should give you plenty of time to get your motions yeah that's right okay so let's schedule this then for a docet call and that'll also serve as a motion C for April [Music] 23d at 900 a.m. I'd like to have officer Le bels and bman present for question could I have officer Leon bels and officer bman present for questioning well it depends on what motion you file it's going to have to do with their testing okay so if you file a motion that requires the testimony of the officers then how that generally works is then the when you file the written motion then the prosecutors you know I noticed that in order to respond to that motion they have to uh pres bring the officers to testify what motion do you think you're going to file that requires their testimony well I'm um so in Mr Leon feld's report what you probably have from me I don't I only get what you guys give me during motions I submitted it all it's all in the clerk's but he he States in his in his statement that once the warrant was signed that I gave him my blood without cause but in my documents I've got an unsigned warrant was never signed so his testimonies will be impeached also they're both Li so you're going to file a motion to suppress the was there blood test blood test okay and that would require the officer Tes so all right so yes if you file a motion like that Mr Julia I'll bring the officers okay otherwise he would probably lose the motion because it's his burden to come forward with that all right all right anything further today then Mr that's good enough okay we'll see you April 23rd night all right you can't fix stupid and thanks for joining us on fact your frauds make sure you hit the Thumbs Up Button you're subscribed 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