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- 2026-10-23 01:52
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Judge, we have Mr. Pelosa at the seat. >> All right. Uh, I'll call State of Kansas versus Gary Michael Pelosa. Case numbers 26 CR25 and 26 MR19. And actually, that's an extradition issue. Um so we'll take up 26 CR25 initially and depending on how that gets resolved then we'll we'll proceed on to the extradition. So um if council would state their appearances please on behalf of the state >> your honor Darren Patterson appear on behalf of Gary Pelosa. Mr. Posza does appear from the Butler County Detention Facility. Judge, I do have an announcement to make. I have uh met with Mr. Posa. We've discussed his case. During that discussion, um he did um make it clear he he wanted to represent himself rather than have counsel. We discussed that at length as well as he has then thought about it longer overnight. So, we've had a breakout room. We've discussed it again here today. And I can tell the court he does wish to represent himself and not have counsel. So based upon that, judge, I'm asking the court to allow me withdraw. >> Okay. Mr. Pelosa, is that accurate? >> Yes, sir. I had I didn't know we weren't going to be in court today. I have motions here that I don't know how to get into court cuz the jail don't have uh mailing envelopes. I thought I was going to be in court so I can give it to your clerk. and uh I'm going to need to ask to push this maybe forward so I can find a way to get it into the court. >> Well, Mr. Pelosa, what you're discussing is one of the complications of representing yourself. Uh what what's your educational background, sir? I've got uh high school and two two years of uh broadcasting school and I uh graduated broadcasting school. So I had 12 14 years of school and I had two years of uh business law. >> All right. Wh why a person has a right to represent themselves. Uh however, it is generally not not considered to be a wise decision for most. Why is it you you want to represent yourself as opposed to Mr. Patterson who's an experienced attorney in this district? And um >> well I'm going to tell you I've advocate for prisoners in in federal prison and I've I have personally have have gotten out nine federal inmates myself also with in conjunction >> generally that's when somebody's somebody that's advocating for them it's because they are a federal inmate of their themselves. Is that correct >> um >> for you? >> No it's not correct for me. >> Proceed. So, so I I'm just asking if I can get some time forward to get these documents into the court record. >> Well, what what's your experience in regards to filing motions and and so forth? >> I have a lot of experience in it, sir. >> What's is the nature of your motions at this juncture? >> Um, a notice and demand. It's really a notice and demand. for I got evidence to bring forward and and no one no one's able to see I mean I was I wasn't even stopped I was walking but they said the registration >> well hold on >> I don't want to get into arguing anything so >> now do you understand now what uh sometimes what I I I've done and and other judges do is allow a person to represent themselves but also have standby counsel available. Uh would you be receptive to that procedure? >> No, sir. >> Is there a particular reason why? >> Right. Because we haven't established the court's jurisdiction just yet. Sir, I'm one of the people and um I am the I I am the beneficiary for the defendant. You are a corporate judge and that's a corporate attorney and I'm one of the private uh people of this country. So I want to represent myself. >> All right, Mr. Pelosa, I are you going to be requesting uh a a trial to a jury? >> Yes, I will. >> Is that one of your written motions that you have? >> Uh no. >> Okay. In Kansas, uh on a misdemeanor, uh the law requires a person to to file a written request uh for jury trial. Again, on a misdemeanor offense, you you you're certainly entitled to that. Um and but the we set some earlier and it looks like well we've got the next jury trial date is going to be February 25th. Are you going to be available and ready to go by that date? >> Do I get >> That's just a couple of weeks away, sir. >> Well, I want Discovery. I want I want I want the video of the officer's cam and know that that's evidence in itself. >> Well, and and I understand that and and and certain amount of discovery is is appropriate. Uh again, it's a lot easier with counsel. Uh but um >> sir, >> are if you're okay, I'm I'm going to set this matter for uh for trial. The next date after February 28th uh is going to be in April, uh April the 8th at 9. So you could end up, you know, remaining in jail for a good period of time is is why I'm I'm bringing these things up. Okay, I'm still challenging the court's jurisdiction. I can challenge jurisdiction at any time. I mean, sir, let me ask you this question. Are are you a member of the bar in good standing? >> I've been a practicing judge for the last over five years, sir, and yes. >> Okay. Is the prosecutor a member of the bar in good standing? >> Okay. I'm not going to go play playing your your your games here, sir. >> Well, we have a we have a conflict, >> sir. Sir, I'm going to set this matter down for for hearings. Uh Sarah, uh excuse me. Um Jen, uh does Judge Webster, what's her next, uh motions date? >> Are you asking about a Monday misdemeanor control or a bench trial? No, I'm Well, I'm not sure how she breaks that up. Uh, you tell me. Is that is I don't know his the [clears throat] nature of all of his motions or how long that will take. Uh, but uh it wouldn't be able to go on the expedited document. >> And and Judge Judge Webster would usually hear those on a Wednesday afternoon. That's when she has evidentiary type hearings. >> Okay. Uh, Jen, can you look on that and and see when she has next available? >> The next available is going to be March 25th at 1:30. >> March 25th at 1:30. So, Mr. PLA. Um, at this time I'm going to um I'm going to take the your motion to um to represent yourself under advisement. I'm going to permit you to file your motions and not have Mr. Patterson do anything on that? But you need to get your motions on file and that is one of the issues that um uh frankly there's a lot of questions that uh and I don't have those in front of me in regards to a prosay defendant. Uh but uh we we'll set that on that March uh is that March 25th at 1:30? >> That is correct, your honor. >> That that's when your your motions will be set. You'll need to file those. Um you you have them ready to go now, sir? >> Uh yes. >> Okay. Um, I want those on file by March by March five. >> How do I get them to you? >> Well, I'm not going to explain how you have to do things. >> Okay. You know, you say you know how to do all this stuff. >> I cannot advise you how to proceed on your case. >> I'm not asking for advice, man. >> Yeah, you are. You're asking for procedural questions in regards to how to do it. And the court can't hold your hand and do that. That's that's one of the the extreme disadvantages of of representing your yourself. So I I'm I'm judge will will take those up at that time and make her her decision regards to uh Mr. um Patterson, but I'm not going to require Mr. Patterson to do anything further uh on this matter. Uh Mr. Patterson, would you be uh appearing on that docket as well? >> Not normally, judge, but I did put it down. If you are ordering that I continue as standby at least for now I put it down. >> I I I I would ask that you be there as standby right now. >> I reject that. I reject that. >> I I know I know you do and and you you'll get a full hearing on it. But you you know u today's not the day on that. That was not scheduled for today. So March the 25th at 1:30 that is in regards to uh 26 CR25. All right. Uh moving on then to uh the 26MR19. Um Mr. Patterson, are you appointed on that case as well? >> Because it is misdemeanor charges in Missouri. Then yes, it does fall on my contract. But again, I've discussed that with him and he has the same position on that, too. >> Is that correct, Mr. Poza? >> Yes, sir. >> You'll need to file your motions and and things on that. We'll set it for March 25th at 1:30 as well. So, I'm going to uh Mr. uh Mr. Patterson will be standby counsel on that as well. >> I reject that. >> If he wants to if he wants to take the consequences of it, let him so. If not, then he needs to go. >> He's not asking for that, sir. I'm I'm ordering it. So, at this time, and it's going to be the same same order that I just made. >> You're still going to Sir, don't interrupt. >> You You're still going to have the opportunity to do that. I'm not asking him to do anything on your on your behalf in the meantime, but you're going to need to file your motions and that's going to be difficult from where you're sitting. So, you know, file whatever motions that you feel is appropriate and it'll get brought up at that time as well. Again, that's on Judge Webster's calendar. Uh but uh if you're going to be requesting a jury trial on these matters, uh you're you need to get those on file as well because uh that April 8th date is uh on the court docket coming up fairly soon. All right. Is there any other issues that we need to discuss concerning either of these cases for Mr. Pelosa? Mr. Riger. Your >> honor. If the court is continuing the bonds in both these matters, the state has nothing further. >> Mr. Pelosa, anything further? >> Not at this point. >> All right. I'm going to uh continue the bond status as they currently are. Mr. Uh Pelosa, if you do make bond, you are ordered to appear before the court on that March 25th date at 1:30. You are to be there at the courthouse. If it's a Zoom hearing, then they'll do it through uh court security, but you are to be present at that time. Do you understand? >> What if I'm in another county for extradited and uh I'm still in jail? So >> that's another matter. If you're I said if you were released, if you if you've made bond on on your various cases, uh then and and are released, that's that's the order. If you're in custody, uh you know, typically these matters, you take care of the local matters here that you're charged with uh and deal with that uh and then uh you know, before a person is extradited. But uh there you know so that's going to make a complication for you perhaps but that's your choice. >> So so uh if I I may ask uh the 26 CR25 case what is the 26 MR19 case? >> That's the extradition case. >> Okay. >> All right. It appears that on um on the 26th case uh the bond is set at 10,000 cash assur that that'll continue to be the bond with the conditions that I I just noted. Anything further concerning Mr. Pelosa? >> Not from the state, your honor. >> Very well. This ma these matters are adjourned. Mr. Pelosa can be returned to lock up. >> Thank you. >> Well, you got to give him credit. Why is that? >> Well, they're going to keep on doing it till they get it right. >> If you enjoyed watching belief collide with reality, hit the like button and make sure you subscribe because unlike sovereign paperwork, it actually works. Let me know what you think in the comments. And to our channel members, thank you. Your support keeps this channel independent, factual, and focused on reality. It's noticed, it matters, and it's appreciated. Jurisdiction isn't a magic word you say and then everything disappears. [music] This was a Kansas courtroom, a Kansas judge, a Kansas prosecutor, and a defendant in a Kansas County jumpsuit. Jurisdiction in criminal court is simple. If you're charged with violating Kansas law, and you're physically in Kansas, that court has jurisdiction. The irony is hard to miss. Challenging the authority of the court while standing there in a county issued uniform. Until next time, I'll see you soon.
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