[Music] and welcome to facts or frauds good morning everyone you may be seated I am judge spataro and this is elart spere court number five we're here for the bench trial of uh State versus Paul J Miller the cause number is 20 D5 2107 CM11 186 um I was just looking at the chronological case summary I did note that U Mr Miller waved council at his initial hearing on July 9th um we are here today for the bench trial um and what I typically would do um Miss uh Cassidy might know this and Mr Miller you may or may not know this but the state has the burden of proving all the elements of the crime that they've charged you with because they have the burden of proof they typically first I will allow a brief opening statement if either of you would like to make one that is not to put forth evidence that's just to summarize evidence that will be introduced um uh I would give Miss Cassidy the opportunity first and then Mr Miller I give you the opportunity for a very brief opening I'll ask Miss Cassidy would you like to make an opening statement No you're honor the state will wave okay Mr Miller would you like to make an opening statement uh I would like to have a the paperwork on it on what you guys have what is it like two papers or something just the class A misdemeanor and like the probable cause paper at can I do you have a copy of that for me well um the the time to to request Discovery would have gone by um um I'm not opposed I'll ask the state do you have any objection to me printing off the charging information for Mr Miller at this time no okay Mr Miller what I could do is have my staff print a copy of the charging information the probable cause affidavit um and I'm I'm happy to take a a brief time out if Karen you have the ability to do that for me I just excellent your honor just so you're aware the state did provide local Discovery to Mr Miller thank you do you have an approximate date of when that was done Miss Cassidy I can find it September 23rd September 23rd 2021 thank you Mr Miller if you would just let me know when you've had a chance to completely review the uh affidavit to establish probable cause as well as that charging information okay okay I'd be ready okay thank you sir now Mr Miller the state has waved giving an opening statement would you also wave giv any opening statement or would you like to make a brief one uh I don't I have nothing to say at this time okay and I will remind you sir you do have the right to remain silent no one can compel you to take the stand stand to testify against yourself nor do you need to say anything in response it is the state's burden of proof to prove all the elements of the crime Beyond a reasonable doubt you understand that Mr Miller yes thank you sir all right the state ready to call its first witness yes your honor the state calls Donald mcquery okay Donald mcquery good morning officer mcy just so you know on Monday I came in contact with somebody that was covid positive his test was a week before okay so I'm going to keep my distance and that's why I have him thank you for letting me know that um would you please raise your right hand do you swear to tell the truth the whole truth nothing but the truth to help you God I do okay you may have a seat thank you Miss gassing thank you good morning good morning could you please State your full name for the record Donald Anthony mccy my last name is MC q a r i e thank you and where do you work I work for the alar county sheriff's office what is your position there I am a deputies assigned to the special services section which is a subsection of the Patrol Division we're responsible for serving the court orders that require a law enforcement officer to serve how long have you been in that position 2002 2003 is that how long you've been with the Sheriff's Office no I've been with the Sheriff's Office since 1994 all right could you PR briefly explain your training and experience so I've been through the State Certified jail Officer school when I started with the sheriff's office in the jail division in '98 I went to the Indiana Law Enforcement Academy which is the certifications of the law enforcement officers and then I maintained the requireed training every year that the Law Enforcement Academy requires Law Enforcement Officers to have to maintain their certification you briefly touched on this but as part excuse me as part of your normal duties do you serve orders of possession yes I do what is an order of possession an order of possession is a court order it's issued under civil law in the state of Indiana that instructs the named party most likely the defendant that they need to comply with some sort of action that is hereby being ordered by the court what is the process for serving an order of possession so the order of possessions in this case which an order of possession is just one title that is used in this County for the same style of order it is a usually sent over to us from the court either via email or via the court or the County Courier then in which case our records Personnel entered into our RMS system so we can track and maintain it once it is entered it is stamped by them with a service stamp that myself or my partner fill out when we serve the order and then it is sent down to us we get those in the mornings at 5:00 a.m. Monday through Friday so if an order comes in on Friday we would get it Monday morning then once we get it we look the order over to see where we're going look look exactly and see what the court is ordering us to do and in this case this was an order to evict an individual from an address out in Middlebury and once we get that barring any emergency situations that can pull us away we will get those orders served to that day when you serve the in this case for for example in order of possession um how does this actual service on the person work are you required to read it are they required to sign it so there are four forms of acceptable service in the state of Indiana all governed by Indiana trial 4.1 in this case it was actual service on the name defendant went to the property knocked on the door defendant in this case Paul Miller here to my left came to the door and I handed him directly the order and informed him exactly what it was is he required to sign no he does not required sign right all right let's step back a little bit uh were you working on April 1st 2021 yes I was were you in your full uniform yes I was I was in the class C BDU style uniform and on that day where UT Tas was serving an order of possession on a Paul Miller at6 County Road 43 in Middlebury yes I was is that address in Elkart County Indiana yes it is who owns that property at this current point in time it's owned by best my knowledge of Justin Messer when you arrived at that property what did you do first I got additional officers I've had a prior experience with Mr Miller and talking with some officers from Middlebury I know he has a violent nature so I asked for additional officers to assist with this so we had additional people there that could witness so I had three officers in an OverWatch position and then deputy chief Bobby Baker from middleburry PD assisted me by going up to the trailer he had a bit of an OverWatch position directly on me as I served the order to Paul so we approached the property from the south went through the woods because the trailer has a blind spot went up to the trailer I knocked on the door Mr Miller came to the door I handed him the court order time this is an eviction he has seven days to vacate in which case he said no he wasn't going to call me a murderer and an outlaw and a few other names okay uh so you've referred to him as Paul Miller but how did you identify Paul Miller I've had prior contact with him what he looked like okay you have mentioned this already but do you see Paul Miller in the courtroom yeah he's sitting here to my left okay your honor um could the record please refle reflect an in court identification of the defendant yes the record solex okay and then at that time did you serve the defendant the order of possession yes I handed him the folded copy that comes with it so it's an actual identical copy of the order I handed it to him for it was an eviction order he had seven to vacate your honor may have personally us you may great I'm handing you what's been preliminarily marked as States exhibit one what is that that is a order of possession that was issued from Superior Court FL and who is the defendant in that it's Paul Miller is this the order possession that you were uh referring to earlier yes is there a service on this order possession yeah in the upper right corner directly under the cause number is a service stamp that's placed there by our records Personnel that is the stamp I referred to earlier that I fill out showing the date the time who served it and if I did one of the four acceptable forms of service on what date was this order of possession served April 1st 2021 uh approximately what time 10: a.m. and by whom by myself the dep mqu are you identified under A200 yes that is my unit number and just to be clear who is this serve to Paul Miller know the state would move to enter States exhibit one evence any objection Mr Miller uh I I actually uh object to everything he's doing because he's not the original witness because uh she is taking his case so if she's witnessed if she's taking his case she wouldn't be the he wouldn't be the original witness he'd have to take its own case but the other thing is I was never served this order so uh and I this is the first time between you me and God I ever seen this order Mr Mr Miller now's not the time for Testimony I just want to know if you object to that document being offered into evidence and accepted evidence at this time I object to everything you guys are doing here to on what ground sir on the grounds that super this is Superior Court 4 and it's been sued by by a prior case called Paul Miller versus Marsh mcer Superior Court one wara Indiana these guys have all defaulted yeah sir your your objection is overruled I'll accept an admit into evidence um States exhibit one you may proceed Miss gie thank you um officer while you were serving this order of possession did uh the defendant say anything to you yeah I told me he wasn't going to and that I was as I said earlier a murderer and an outlaw thank you I'll pass the witness okay Mr Miller do you have any questions for the witness it's not time to testify just to ask questions say that again I'm asking if you have any questions for this witness it is not time for you to testify it is just uh your opportunity to ask questions and they must be along the same scope as the state's questions do you have a court order uh showing who made you a Sheriff Deputy no so I ask the court to take that into notice you know this guy has got a sir I'm gonna stop you right there you can't say this guy is and start testifying you can only ask questions and okay so that's all I got what's your real name is that your real name or is that your name that you uh use that when you're doing what you're doing that is my real name where do you recite it where do you live at objection that's not relevant okay sustained I think if he's I think if he's serving the Indiana Law Sheriff Department I think I have a right to know where he lives at I've sustained the objection it's not relevant sir next question I also have another case at prior that he's been sued sir I'm going to warn you again this is not time for you to testify or give me information it is only time for you to ask questions of this witness uh did you was this notice uh sent out any time to any address it was taken directly to the address listed and handed it was never mail just handed yes I never received it so that's a lie sir that this is the third time I when you make comments like I've never received it that's a lie that is not a question and I'm not going to allow understand I understand okay uh what is your real name again Donald a mcquery and how long have you been uh over there at the elot sheriff department since 1994 and are you a fire also no I am not do you know what a radio wave is your honor relevance can you explain the relevance Mr Miller uh I'm being radio waved by warsa Sheriff Department right now they're tending murder scheme on me and I sued all these guys and they're getting these guys out there to steal my camper and try to murder me so these false officials don't have to pay me cuz I I sued a bunch of false officials sir I'm going to sustain relevant so I'll just continue ask it's not relevant you can ask your next question okay uh so you say you you're not a fireman correct do you know what uh a radio wave is objection asked and answered also over sustained next question uh do you know Justin Messer yes how is he affiliated with you other than I know who he is and I served an order that he is the name plaintiff in have you worked with him for quite a while I've never worked for or with Justin misser this is the first time I'm not working with Justin M well if you serve uh uh okay they're bringing in another order in here you've got other cases going on here so this is uh sir I'm going to warn you again you need to ask questions and not provide the court with information that you feel okay I'm done I'm I'm finished with asking questions from him any other redirector okay Officer mcquery you are free to leave thank you the state may call its next witness the state calls Robert Baker good morning officer Baker you may come forward if you'd like to remain standing yes sir just please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth so help you got yes I do okay sir you may be seated recognizing the chair might still be wet from the cleaning if you'd like to wait and stand behind it whatever you're comfortable doing we're okay thank you thank you all right uh you've been sworn under oath Miss Cassidy thank you good morning morning could you please State your full name for the record uh Robert Baker uh where do you work uh Middlebury Police Department what is your position there the deputy chief how long have you been the deputy chief over oh the deputy chief four five years five years I think and how long have you been uh with the middleburry police department over 25 years could you briefly explain for the court your training and experience back in '96 was the law enforcement Academy's training I've had dealing uh training with drugs narcotics mental health children sex crimes another training through the 20 25 years all right were you on duty on April 1st 2021 yes I was did you assist officer mcquery of the elcar county sheriff's office with serving in order of possession yes I did was that a County Road 43 in middleberry yeah I believe that was the address and is that in Elkart County state of Indiana yes it is okay who was the order of possession against uh Paul Miller did you locate Paul Miller yes we did how did you identify him I knew him by sight do you see Paul Miller in the courtroom today yes I do could you please point to him and identify an article of clothing he's wearing yes he's wearing the tan shirt pants beard your honor please let the record reflect an in court identification of the defendant the record solex what happened when you arrived we staged down the street um got out together and came up with basically a tactical way that we were going to approach the house or the the trailer and why is that uh he's made threats against law enforcement in the past to murder us shoot us kill us that type of stuff what happened next uh we we decided our plan there was four of us and we approached from what we could think was the best Blind Side where he wouldn't see us coming did you approach the trailer yes we did and you made contact with Paul Miller officer mcquery did yes uh may I approach the witness you may I'm handing you what's been preliminarily marked a state's Exhibit 2 do you recognize that yes how do you recognize it this was my body cam video from the day of the incident and how do you know that it's got my writing on it it's got my not notations on it is that video um substantially this same as um the events as you view them that day yes your the state would move to ad states to okay any objection Mr Miller uh I object to everything they're doing they have no court case so just any objection to the admission of of the video into evidence I object to everything these guys are doing here today they have no on what grounds Mr Miller on the grounds that they have no court paper showing who made them law officials okay objection is overruled you may under the evidence it is accepted into evidence your hon I'll be playing it okay on this screen over you may play or publish it ma'am for the record I'll be starting at uh marker 159 thank you Miss 159 and Miss Cassidy could you possibly lift up that microphone and move it a little bit closer to you thank you very much [Music] hey Paul Sheriff's Office he's coming to the door what you say PA you're not I'm okay Paul this is a Cod order for you no okay well this is Paul mess ver you this is an eviction order by the court no it's not you have seven days to vacate I'm not vacating okay order okay yes so understand you got he you got seven days what is that what is that okay so you got to the if you choose not to you're going to run the risk of going to jail over this I won't okay yes you will you goor so you got seven days to vacate no I don't shut the up no you got seven days to vacate I'll get your real name you're an outla you're mder you're sitting right there Paul you got seven days to vac you choose not to when we come back you're going to run the risk going to jail no I'm not yes you will right got it I want his name too Baker right there our Baker youil Mur you Mur [Music] [Music] I stopped it at 4:15 thank you okay um officer in that video um who is the other officer that you can see officer mcquery okay and it appears that officer mcquery handed um Paul Miller something what was that that was the notice from the courts the eviction thank you I'll pass the witness okay Mr Miller do you have any questions for officer Baker do you know who made that video with radio waves and and do you know who made that thing I'm not understanding your question right can you explain that that video there uh do you know who made that put that together that was on my body camera hanging right here on my body camera you know what radio waves are objection relevance sustained next question do you are you a fireman no have you ever been a fireman no do you know Kevin Miller yes do you know that he's been sick objection relevance sustain next question Mr okay I have no further questions I know what you what's going on here now so okay Miss Cassidy any further questions for officer Baker no your honor okay Officer Baker you're excused thank you thank you Miss Cassidy does the state have any other Witnesses yes your honor of the state calls Roy Clemens okay Roy Clemens good morning officer Clemens good morning will you please raise your right hand do you swear to tell the truth the whole truth nothing but the truths the help you got yes okay you may be seated sir I procedure you may uh good morning good morning could you please State your full name for the record sure it's Roy r y last name is Clement c e m n TS thank you and where do you work I work for the alcart county sheriff's office what is your position there I'm a patrol officer okay how long have you been with the Elkart County Sheriff's Office approaching seven years could you briefly explain to the court uh your training and experience um my training I've been through the Adana Law Enforcement Academy um I've taken various other training classes I'm a general instructor I'm a uh field training officer I am a specialist in Emergency Management vehicle operation I'm an instructor for that do background investigations um and then do regular Patrol work thank you were you working on April 12th of 2021 I I was do you recall issuing a trespass warning that day I do who requested you to issue that warning uh officer Don mcquery see of the elart County Sheriff's Office he is his badge is Adam 200 okay and who was the warning against it was against Paul Miller do you recall the address for that no trespass warning I believe it's Cony Road 43 in middleberry is it safe to say Cy 43 it it might be safe to say I I know it's a wooded lot um but I I often get numbers backwards I'm a little dyslexic okay uh was that location in Elkart County Indiana yes did you serve the trespass warning I on the the day of the trespass when I had pulled into the county jail garage off requery requested over the radio that I issued Paul Miller a trespass Paul Miller had already been taken into um the uh the jail and was put in a holding sale so I wrote the trespass warning and I gave a descriptor of it and we put that trespass warning with his personal belongings is this a standard method for service it's an acceptable method it's not typically we attempt to do it in person but often times if a person refuses or they're not in a state where they can can sign we'll write the descriptor of what they look like and then we'll turn that in without a signature on it okay uh so this warning was issued while Paul Miller was located at the elro county jail correct it was put with um he had some personal items he had a wallet and he had a gray razor knife and that was put with his personal belongings okay may I approach the witness you may I'm handing you what's been preliminarily marked as States exhibit 3 do you recognize that I do is it this is a trespass warning manufactured by delart County Sheriff's Office and it's has my badge and signature and the Paul Miller's information and his date of birth and so forth and his descriptor of what he looks like okay and where is this trespass warning for what property uh it says it's for six County Road 43 and is that in middleberry Indiana it is are you familiar with Paul Miller um I got to kind of learn a little bit about him in the 25 minutes to the jail but I had never met Paul Miller before in my life do you see Paul Miller in the courtroom today I do gentleman sitting right there with the tan suit on thank you your honor could the record please reflect anation the record so reflex at this time your state would move to enter ST exhibit three into evidence any objection Mr Miller say that again I'm moving to admit this into evidence I object to everything she's doing because he's not the original witness she's saying she's his witness and he's got to be the original witness and run his own case otherwise she's uh not the original witness so everything she's doing here today is wrong sir you I'm only asking if you have any objection to the admission on what ground sir on the grounds that it's all a lie okay uh objection is overruled States exhibit 3 is admitted into evidence thank you right I will pass the witness Mr Miller do you have any questions for officer clets uh is that your real name yes sir how long have you had that name let's see here a little over 50 years and are you a firan no that's all I have okay any other questions Miss Cassidy no thank you okay Officer Clem you make the excuse thank you thank you Miss Cassidy any other Witnesses state has one more witness your honor the state is calling Dustin saof good morning officer how are you today sure will you please raise your right hand do you swear to tell the truth the whole truth nothing but the truth so the help you got I do okay you may be seated this city you may proceed thank you good morning morning could you please uh State your full name for the record patrolman Dustin salof with Elkart County Sheriff's Office could you please spell your last name my last name is s a LH o FF and you st you work for the Elkart County Sheriff's Office yes ma'am what is your position there I'm a patrolman how long have you been with the office 13 years could you pre briefly explain for the court please your training and experience upon hiring with the sheriff's office I was sent to the Indiana Law Enforcement Academy where I completed and graduate AED after that I completed the field training program with the Sheriff's Office and became a solo police officer were you working on June 30th 2021 yes I was were you in your full uniform yes around 2:30 p.m. did you receive a report of a trespass yes I did for what location it was in block of cany 43 a neighbor had called uh reporting a suspicious male named Paul Miller at the property is that property located in Elkart County state of Indiana yes it is and you stated it was uh reported that a Paul Miller was trespassing yes a neighbor called in and said that uh cosasco County officer had dropped Paul Miller off at the residence and the neighbor knew that he had previously been evicted uh and trespassed from the property did you confirm there was an active trespass warning for that location I did when I saw the call all come in I uh pulled up the previous incident and read through the incident I read through the court order and I read through the trespass warning so I knew everything was still valid and legitimate uh I looked at the booking P picture I looked at the BMV photo of Paul Miller so I would know who I was looking for at the property as well do you recall the date the trespass warning was served uh April 12th 2021 right did you arrive at the location I did were there any other officers with you uh there was two middleberry officers Officer Baker and the chief chief Miller uh from Middlebury uh came to assist me when you arrived what did you see we walked uh down the lane uh in the woods and I saw Mr Paul Miller um standing on the property um I would describe it as picking up items that were on the ground looking at them uh and walking around based on your review of the BMV photo and uh other identifiers for uh a Paul Miller were you able to ENT confidently identify the man that you saw as Paul Miller yes I was the description matched um so I began talking with the Paul Miller do you see Paul Miller in the courtroom today yes I do could you please point to him and identify an article of clothing he's wearing yes he's wearing the tan shirt he has a beard Conor please let the record reflect an in court identification of the defendant the record still reflects what happened next spoke with Paul Miller explained uh why I was there uh explained that he had previously been evicted and given a trespass warning for the property uh we had a brief conversation then I placed him under arrest did he say anything to you yeah he told me that he owned the property um he told me that uh he was suing us um he told me lots of other things do you recall any statement regarding uh what he would do if he were released from custody told me that he would come back to the property after he was released every time may I approach the witness you may I'm handing you what's preliminarily been marked as state at 4 do you recognize that yes I do what is it this is the camera footage for my body camera and how do you know that I know that because I reviewed this video I also initialed it and is the video on that dis um the same as the events you viewed U on the day of your body camera yes it is uh you're on state would move to admit States exibit 4 Mr Miller any objection I object to everything that they're doing here because everything they're saying is hearsay so on the grounds of hearsay is your objection uh yes okay overrule the court will accept State's exhibit or into evidence would you like to publish or play that Miss Cassidy yes your honor you may I am starting the video at 146 hello what you doing my man you do cont hello no you don't own this property you've been evicted from here remember well that happened in April well sir property so whatever goes I need order showing you guys are doing we served you when we removed you last time still my property you didn't give me more paper on it no and we gave you no no you didn't where's the paper it to you we got our well I did I I disagree with it because I got a court order PA versus Marsh Superior one Indiana it said this is my [Music] property you got you got to notice this is my property I was here when weed you you were screaming well they they reled me from the I mean the and the they have you have no I got to have papers if you guys do something I got to see papers who you were show show me so here's what we're going to do I'm willing to look at the court papers that you're talking about okay but I have to going to have to do an investigation into that you willing to let me do that how long it's probably going to take me 10 or 15 minutes I just gave you the information on me I've got a order here it's over there record so here's what here's what I'm going with okay the last time my partners were here you trespassed and you were arrested you were you arrested you were arrested and taken off of this property correct so what I'm going to do is detain you temporarily right now okay that's fine but we are going to detain you while I do my investigation and look into your court paperwork hands behind your back right there don't move okay [Music] good because I'm willing to look at that paperwork you're talking about you guys I have right [Music] what's your real name I'll deal with you later I actually only the police department is that's not even Kevin you guys have so many different names I Su him you guys are he owes me his all his property is mine I even own the you'll find that in that in those papers if you look at entry ofation of default name give a place to bar and I own [Music] everything okay we're going to walk over to my car so I can do my investigation got the crime notice that a r there order judgment I got a judgment book on this property none of you even showed me of papers who made you a law offical so you're you're trespassing right now well here let me show you Paul on I will be willing to show you that right there signed by Sher Jeff seagull I sued him too so that's that's an outla thing there that gives me the authority to arrest you have to have court order you have to have a court order no I know I'll I your name I'm not afraid I own the elart county sheriff department also the building I'll get all your names later you're just trying to intimidate me and put fear in me you're not going to do it yes okay watch for traffic okay going go this way you just want to check it out see what I do if I think it's still bu your schemes aren't going to work only I think now now when I get out that paper is there why don't you go with me over there to the court we'll go check it out I'll show you everything I'll get it for my case rep his Watcher he's he has no court papers his Watcher okay [Music] I don't remember what you guys did to me you can't do nothing about it I got the C papers on it ain't that too bad kin if you're not a clone time look though I see no you have to have a c order to do this none of you have a order I can't believe you had them bring you back here how you could have had them take you anywhere you wanted that's my property I'm going stand up [Music] for stops it at 8:22 State passes the witness okay Mr Miller do you have any questions for officer Sal uh is that your real name yes sir it is how long has that been your real name since the day I was born are you a fireman no I'm not thank you that's all any other questions Miss Cassidy no thank you okay Officer sh off you may be dismissed thank you just confirming does the state have any other Witnesses no your honor to State rests okay Mr Miller it's now your turn to call witnesses if you'd like you don't have any obligation to call witnesses or speak on your own behalf what would you like to do at this time Mr Miller at this time uh [Music] I'm looking at this is what I see sir all all you need to do is either call a witness in which case I'll swear a witness in and you can ask questions or or testify okay I have no witness I'm the original witness myself so okay with a reminder you do have a right to remain silent so you do not need to testify at your own trial if you choose to I will swear you in and you can give sworn testimony but by no means do you need to Sir your honor I would also just like the defendant to know that if he does testify the state has the um right to cross-examine him yes and are you aware Mr Miller if you do choose to testify and wave your fif right the state would have the right to cross-examine you she continues saying state but the thing about it is I don't see no State here and Mr Miller please stop there miss Cassidy is Deputy prosecuting attorney for Elkart County and represents state of Indiana in this criminal proceeding would you like to testify or would you like to um remain silent sir uh I sir yes or no I object to everything you're doing here on the grounds that she's here say because she's not the original witness so there you go there's no qu there's no pending question uhu I will overrule your objection last time sir would you like to take the stand and give testimony or not no okay do you have any other witnesses that you would like to call Mr Miller no okay does the defense rest uh I object to everything you're doing here today so your objection is over say you can either um arrest your case or call a witness Mr Miller do you have any witnesses to call uh no okay then I will presume you're resting your case unless you tell me you have a witness that will be called in in short order well I my pleading is that I am not sir I'm not going to allow you to testify do you have any witnesses that you wish to call uh I object to everything you're asking sir do you have any witnesses that you wish call no okay then the defense rests it's time for closing statements um Miss Cassidy would St like to make a closing argument yes your honor okay uh your honor the state believes that it's proven Beyond a reasonable doubt that Mr Miller committed Criminal Trespass uh the elements for criminal trespasses a person with no contractual interest knowingly enters the property of another after having been denied entry by the other person or that person's agent um the state has established that a person Paul Miller he was ided by officers uh you can also see him on the video uh he had no contractual interest in the property He was ordered to vacate by a court order uh and we were also told that Justin meller is the owner of that property uh Mr Miller knowingly entered the property of another uh he knew that he was on that land and he purposely asked to be taken there um as we were informed by Officer salhoff uh Mr Miller had been um dropped off there by the kazas County Sheriff's Office per Mr Miller's request um and as you could see here at the end of the video Mr Miller said he would go back to that property every time he was released uh the final element after having been denied entry by the other person or that person's agent uh Mr Miller had been served the eviction notice uh and he had also been served the trespass warning both by officers um Mr Miller claims that he did not receive notice of the eviction um however uh per the officer's testimony we know that to be um false you could also see on the video um that officer uh mcquery personally handed the order of eviction um I'm sorry order of possession to Mr Miller um so he was in possession of that order um Mr Miller does not own the land He was ordered to vacate and not trespass and he knowingly re-entered that property and stated he would continue to do so um so the state respectfully submits that it has uh met all the elements of Criminal Trespass Beyond A Reasonable Doubt and ask that you find the defendant guilty of Criminal Trespass thank you thank you Miss Cassy Mr Miller it's your time to give a closing statement if you'd like to give one uh I between you and me and God I've never been served the order of possession and that says Superior Court Force I don't know why super you know they're they've got this over here in Superior Court 5 dealing with a court or this is actually a false court order here and I've never been served it so why they bring up this as an exhibit Court 4 Superior Court for when I actually sued that case on another case they're trespassing my prior case so uh that being said this uh order possession is moved according to my prior case and uh all her Witnesses and her her own uh statements are all here say because she's not the original witness she wasn't even out there so uh that being said this is uh it it says a Class A misdemeanor and they're trying to bring all these other things in here trying to steal property and uh I ask that you throw the thing out I I I plead not guilty to it I ask you to throw it out because here we've got a false order here that I've never been s sued and I've got a I actually that case is Consolidated to another case and they won't even let me file papers in this Superior Court five case I ask them over there where I could write a paper they won't give me no pens no papers when I ask them they won't they've got me over there on a radio W tending murder scheme we got guys yelling at me over there H I think this is virging on testimony yes M Mr Miller this is not the time to testify you can only summarize the the testimony has already been put in and make okay I'll close it out for you basically saying uh I have moot papers here she her all she's here say at this on this matter she's here to say she she's not the original witness she was not there so that's all I got to say thank you and I want I'd like to get out of jail today I'm there without a court order they jailed me without a court order at the Elkart County jail with they have no court order to jail me I get to file papers on this stuff they never served me it's even a different court so it's trust it's actually passing over my other case so here they imprisoned me at the Elkart County Jail without even a court order to jail me so I'm asking you to throw this case out this uh class they miss to me and her Criminal Trespass out this charge and not even go further with it because it's it's not even the case she wasn't even out there and uh if these guys have something to say it's their own they need to file a complaint themselves and not the she's not the state uh the state is uh has a name so if she just uses uses the name State she has to use her name and sue me as her name and she can't because I have a case prior case on my property and she can't sue me because she'd be trespassing my prior case so that being said she's not the original witness they're in here trying to say she's the state she's not the state because I don't see the state's name she's saying she's working for the state but who is the state so the state's name isn't on there and her name's on there and uh if it's her real name her there's a name on there but she's not the original Witness and it's here say so I'm asking you to throw even this thing out and release me out of jail today thank you thank you Mr Miller all right the state the state the court having heard the evidence today consisting of four Witnesses and two videos um the court is finding that the defendant is in fact guilty of Criminal Trespass the class A misdemeanor under Indiana code 35-43-2-2 B1 um as having entered onto a property of which the defendant had no contractual interest um as you you might know Mr Miller the range of sentences possible for a class A misdemeanor are from Zer days to a year in jail and a fine from0 up to $5,000 um this is a misdemeanor I'm inclined to proceed to sentencing today which could allow you to be released today for time served um I want to first ask if the state has any objection to me proceeding to sentencing after uh arguments by both sides beginning with the state no your honor okay Mr Miller any objection to seing the sentencing today uh I would just so you know a little bit where things are at they jailed me with a prior guy sir sir the only question is do you have any objection to me proceeding to sentencing at this time I have one a thing to add to that quick and then I'll uh I'll answer that if you don't mind uh the M the guy that gave me this paper here when I got into the jail there the Magistrate Court told me it' be a zero to 100 day around a 100 days for misdemeanor Class A and uh so uh that being said I would ask you to take that into consideration and into consideration that these other things here are all mve because they're trying to bring other things to you and open something up to you to to deal with other things that I mean if this let me stop you right there Mr I'm going to take that as that you have no objection to proceeding to sentencing today and that you would like to make a more elaborate argument on what sentencing should be but I first want to confirm that you're okay to proceed to sentencing today close it today go ahead go ahead decide it for me today and I played knock go ahead and decide it I I have no further thing to say about that I just like to get out of jail and uh be free I mean I'm an attorney I what happens I Su a lot of false officials they I have a lot of property they've been doing this to me for years because I'm a wealthy man and do this to me to try to that's why I'm out in my camper I got property all over the place but I just want you to know a little bit so you yes and sir I'm going to give you that I'm going to give you that opportunity to let me know some more the things that I should consider as I put forth the sentence for now I'm just going excuse me to note you said it's okay to proceed and end it today so I'm taking that as you're agreeable to me issuing a sentence today and now we move to the part where the state can argue for what it believes is appropriate with a sentence and then you'll have the opportunity to argue what you believe is appropriate for a sentence okay Miss Cassidy um your argument on sentencing yes uh um your honor first I'd like to note for the court that um this incident took place two days after uh Mr Miller was released from the Elkart County Jail on a disorderly conduct um that was also an instance where he had been trespassing um so this is a continuous issue with Mr Miller in this property um he even stated him himself that um again he would go back to the same property every time he was released um so the state does have a concern that if he's released today he will go back um and he has made um prior um threats towards officers um that come out based on these Criminal Trespass uh reports so State also has a concern there for officer safety as well as safety of Mr Miller um depending on what he does or does not do um Mr Miller also has previous convictions the most recent one as I stated was excuse meth of2 I'm sorry Mr Miller it's not your turn yet uh that was June 28th of 2021 in this court um So based on those concerns and the extreme likelihood that Mr Miller will reoffend um the state has asked for a year at the El car County Jail thank you thank you Miss Cassy now Mr Miller it's your time to make argument all this stuff here that's herey on that TV or whatever they use radio waves and do wrong things with it they make stuff up on it it's I have I don't make threats on on any law officials between you me and God I have a court case stating that if there's a law official that has something to do with me they have have to have court papers showing who made them a law official well they never showed them to now the other thing is uh this is showing something like that on video is it's so much here see it's almost a makes me cry you know when somebody Witnesses something I expect them to sit down and be able to swear to it that they're saying the truth and if they don't under penalty of perjury that they die because they're lying now the other thing is uh dealing with all this stuff here this lady over here has no right to bring to to say she's the state she's not the state the state would have a name now uh if she claims to be uh defending the state then I want to know who the state is because the state has a name I am the state myself I am one I'm Paul Miller one of the people of the state of Indiana now if she wants to sue me that's another thing but if she's claiming to be the state that's incorrect because I'm the state I have a prior case here uh but now looking at all this this is the way I see it um she's not the original witness she's claiming to to be an attorney and she's asking you to make certain decisions and if she claims to be an attorney why did she why did she have to go through this and say she's the state why would she have sued me herself so these people here today here are working together to commit perjury against me and steal my properties and I have verified court papers that I encourage you to be very careful with what's going on because it's not right for them to bring they keep bringing other people into this and they've been doing this to me for a long time because I have a lot of wealth and they're tending murder scheme on me to try to keep me from my properties and and murder me because I've sued a bunch of false officials on other cases so they're bringing they're dealing me with this class A misdemeanor trespass on my own property without a court order now they're saying this is a court order it's mood order this is a this is a mood court or order and it's actually an outlaw paper because I have a prior now if they bring another case in on saying they have this case and they bring another case in here Superior Court 4 which I Consolidated this case I sued this case and they defaulted now she wants to give me a year year in in jail on something that these guys had their chance to answer on my other case which they defaulted that case so this is a moon court order she is not the state of Indiana she's an she says she's an attorney but I don't see uh I don't see any verified papers of her showing it's that it's a verified case this is it's not even a verified case she's saying you know state of Indiana and actually what the way it's looking to me she's trying I've got a paper here that can you tell me what that signature is on there sir it's only time for arguments not for questions well is that her name sir I'm not going to answer your questions okay well anyways that being said I want to get through this I I want to be respectful with you but I want you to know a couple things what's going on so you're not sitting here and these people here you know their job is to work together I sued a bunch of false officials on a bunch of other cases and they're trying to help each other out and get out of paying their bills and and try to make intimidate me with a radio wave to Where to steal properties from me but I got my papers they're verified so I'm saying all these papers are mooded I'm asking you I'm willing out of all fairness I'm willing to uh it's not fair to me to be jail for this the the issue that we're looking at today is I have been jailed without a court order and that's a sad thing they jailed me with this Criminal Trespass and you and me know both what uh the Civil rules of procedure say that I get to answer this before or they jailed me they jailed me without a court order which is a sad thing if she says she's an attorney here she knows what the Civil rules of procedure of the state of Indiana are and she's sitting here wanting me to be in jail for a year without even giving me a chance to answer this thing before jailing me so I've been falsely imprisoned and I'm asking you to release me today on the grounds that all this is moved and I plead not guilty to it because I own my own property I have a prior case that I actually sued this Superior Court for case and they defaulted and that's that's a that's a bad order there and I I even if it's a bad order I was never served so and they know if they serve it to me I'm an attorney what I'm going to do with it I never lose a case I studied law and I I know what's going on so that being said uh I think me and you dealt on that other thing uh what was it the disorder I just agreed to it because they were making me a bunch of uh I got a radio wave in there on me and they were just continually harassing me to to they actually harassed me against my will to plead guilty to it I'm actually your honor I that that is not correct and I can't let him say that without saying something you're objection is sustain you may wrap up Mr Miller okay anyways there was a different attorney on that they did the same thing to me they jailed me without a court order on that disorderly conduct also but I'm going to start standing up for myself now here I figured you know it's just little misdemeanor you know they're just going to let me go or whatever not making big deal out of it but then they thought they're trying to get me to submit to this too because I I just did it so I could get out of jail remember I talked to you about it I said I want to get out of jail I plead guilty today I said okay I got out of there well today what I'm saying is h i object to everything that's going on here today because the issue that we have here today is I've been jailed without a court order on this Criminal Trespass Mr can you confirm for me have you been jailed on this case since June 30th of 2021 no uh it was the 1 of July on this but it wouldn't be a case yet because uh I never answered anything yet so I have the right by Indiana civil rules of procedure I have the right to write something down and file it and they put me in jail so I can't file because I'm an attorney they know what I'm going to do with it I win every time so uh but I'll go ahead look Overlook all what's going on here today to make things simple for you what I'm saying is the issue we have today here is I've been jailed without a court order I get to answer this Criminal Trespass before they can seal me according to law and according to civil rules of procedures of court so Indiana civil rules of procedure of court so I'm asking you just to say this is this stuff is moved her information is here say because she's not the original witness it's not her case she's saying it's state of Indiana sir sir you've indicated that several times I'd like you to wrap up your closing statement please okay I'm asking you to release me today I'd like to go home these papers are moved they're on the grounds that they're trying to bring all this stuff together and they jailed me without a court order I get to answer first before they ever jail me I have the right to answer and file a paper and I'm asking you to release me today and look at all this is just being moved and it's done with thank you thank you Mr Miller because I plead not guilty thank you thank you Mr Miller Miss Cassidy are you able to confirm um if Mr Miller has been held on this case since June 30th or July 1st of this year it's June 30th June 30th and it is on on this cause of action correct all right folks here's what I'm going to do I'll I'll start Mr Miller just to give you an explanation I'm going to hand down a sentence that in essence um gives you three more weeks in jail and it's it's going to be made up of this the court will impose a sentence of technically 360 days the Elkart County Jail um and we are going to give you credit for the 114 day actual days that you've already served since you were arrested uh plus equal earn time credit that brings us to 228 um I I would like um for you to serve 270 days in jail which can be satisfied by 135 days so that would leave 90 which would be satisfied by 45 days of um reporting probation so um you will be remanded to the custody of Yer County Sheriff for what amounts to 21 more days which when added to your 114 actual days will get up to 135 at that point sir you will be released within 72 hours of your release you'll need to contact elker County Probation um to touch base with them um they will give you a copy of their standard terms and conditions of probation and they are hereby Incorporated by reference into this criminal sentencing order so among other things sir you need to make sure that you follow all court orders that you refrain from incurring new criminal charges that you avoid alcohol and illegal drugs and being around those who are using illegal drugs um and anything else that's on their standard terms and conditions um some of the court orders that I need you to spay to pay specific attention to Sir is I'm entering a new no trespass order now there's no doubt about it at all we an open court at your trial you are to stay off of the property located at County Road 43 in Middlebury Indiana in the county Elkart state of Indiana um I don't have a zip code handy I can give it to you well I thought it okay sorry one more time Karen I think it's 4654 46540 you're also Mr Miller to avoid having any contact um with the four Witnesses today that would include officer Donald Anthony mcquery um officer Robert Baker officer Roy Clemens and officer Dustin salof as well as Deputy prosecuting attorney um Cassandra Cassidy I I want you to avoid all con you are not to reach out to them you are not to harass annoy bother them um that is part of the criminal sentencing order I'm also going to find you I have the right to find you up to $5,000 and you did indicate you're a wealthy man I'm only going to find you $250 and impose the court costs which are mandatory you'll need to pay that $250 fine and the court costs by ail 30th of next year that gives you six full months to get that paid either across the hall or by calling into the clerk's office U Mr Miller I'll ask you when you leave um to to have one of the officers assist you with one of those pieces of paper on the table that's going to have two important numbers for you the first is Elkart County Probation which again you'll need to call within 72 hours of your release U the other is the clerk of the Elkart PE court number five which you can call to um get instructions on how to pay your fine and your court costs um did you say I said 250 yeah 250 plus court cost we we talked about the no trespass order we talked about the no contact order with the four officers and Miss Cassidy um we've talked about the jail sentence and the probation guidelines at this time sir I I will remand you to the custody of the elar county sheriff for the service of the remainder of the executed portion of your sent I agree to anything you're doing here today so there you go I ja everything just so you know I've tried to be respectful with you and I appreciate your respect for the court today Mr I have a prior case Paul Miller versus Marsh mcer Superior Court one wara Indiana and you can't put me on probation because of it and I'm going to use it okay sir well sir I wish you the best of luck okay d g it's like a casting call for Ripley Believe It or Not in that place and thanks once again for hanging out with us unfactor frauds make sure you hit that 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 major thank you to all of our fer frauds channel [Music] 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 now if you're still hanging out thank you I appreciate you all why not hit that Thumbs Up Button make sure you're subscribed ring the bell and leave a comment in the comment section tell me what you think till next time time I'll see you soon [Music]