[Music] [Music] I you know as a patriot for America and is not a patriot for Washington DC the United States uh of America Incorporated that is Washington DC uh they're now hitting me on X for you know stuff like uh misinfo misleading people and all this other bull crap and welcome to facts or frogs what you are witnessing is real the participants are not actors yeah if we can call um the case of people be Milton Hensley um 23s 18766 FH I do see that Mr Hensley Bay is on Zoom they would be they set to apparently address his motion to stay all right Mr Henley B how are you this morning sir I'm all right joh how are you I'm good so I feel like last time I saw you we already addressed this motion but let me flip back through the file but this motion here is not is at the uh Michigan Supreme Court and here let me see let me find it one second oh I did sign an order on January 23rd the defendant's motion to State TR Court proceedings pending Appel decision was denied so then on January 8th well that was let's see when that was all right so Mr Hensley I think I see where we're at now so it looks like Court granted Court denied a motion to stay proceedings on January 23d and then there was an order from the court of appeals on January 26 so three days later it looks like that your claim of appeal was dismissed and then you filed um February 9th a notice of appeal to the Supreme Court trying to find the exact fiture of your motion the motion to stay execution pending appeal the bond to be waved okay so we can hear that quick then sir I do have to go through these series of questions you probably know them by now as well as I do but I still have to ask them all we'll have to go through all of that sir so if you raise your right hand I'll have you sworn Mr Hensley Bay sir do you Solly swear or affirm the testimony you're about to give will be the truth old truth and nothing but the truth so help you God firm all right you can put your hand down all right Mr Hedley Bay I've noted we've gone through this several times I just need to find our list here but you are appearing here today representing yourself and is that what you'd like to do today is to continue need to represent yourself on the motion that you have filed asking for a uh a stay of the proceedings yes I do uh present myself yes all right but you wish to continue to represent yourself is that accurate yes I continue to present myself yes all right and then Mr en Bay do you understand that representing yourself can cause you to be at a disadvantage particularly as it relates to the people who are represented by attorneys and recognizing that you could be at a disadvantage you continue to wish to represent yourself is that accurate correct okay and Mr Hensley Bay I mentioned before that if you wanted to you could ask for an adjournment I'd actually grant you that adjournment if you wanted to hire an attorney are you waving your right to go hire an attorney then I have I have outside I have if I need outside counsel I can get it gratitude okay but you're not requesting uh an adjournment to go hire an attorney and have them represent you on this motion are you no I'm not all right and you also understand that if you were eligible you could petition the court for an attorney at no expense to yourself are you waving the right to request court appointed councel at this time yes all right and this Mr asley B do you understand that if you go forward representing yourself again this morning as you have in the past that the court is going to be required to treat you the same as I would any other appearing person appearing before the court whether attorney or not do you understand that I do not but I you know well when you say you do not that's we've had that argument before in Emotion right so you're referring to the idea that you thought that there was a case out there that would suggest the court has to give you a lot of difference or wide latitude because you're representing yourself is that accurate currently versus hand yes yes yes all right and then we have debated that in the past the court has denied that saying that I don't believe the case stands for that proposition and then if you go forward today again I'm going to have to treat you the same as I will Mr Butler or any other representative from the people do you understand that I comprehend yes okay and then Mr hendley babe again I'll remind you um that the charges that you're facing are serious those are uh five years of incarceration that's a maximum penalty on the caring a concealed weapon charge up to four years of incarceration on the assault Colonus assault charge and then the big one here this felony Firearms is a is a charge that carries a maximum penalty of two years consecutive within preceding any term of imprisonment so again explaining that you'll have to serve two years no discretion by the court or anybody else it has to be two years before you begin serving any setence that would be associated with one and two do you understand that those are serious balies and that there are risks by you continuing to represent yourself do you understand that I comprehend so the time the time went up on the charges or because last I was heard it was two years two years so now one five years count one is five years count two is four years and count three is the two years consecutive to one and two hurt nobody same penalty that I've read to you over and over and over yeah I a remember I don't remember the numbers being that large but okay all right but I have to give them to you again today like we have and you still wish to go forward on your own is that accurate I still represent present myself very good you understand that as it relates to Rules of Evidence court rules that if you continue to represent yourself the court will have to hold you to those rules just as I would any other attorney appearing in the courtroom is that the same you talking about my constitutional rights when you say the court rules yeah you certainly have constitutional rights but as it relates to the court rules Court will have to hold you to those like I would anybody else including attorneys so in other words I can't give you some uh wiggle room uh on deadlines or something like that that might be found in the Court rule I have to hold you to the same rules do you understand that you understand that Mr H can you repeat that one more time for me please sure I'm gonna get Mr Franklin in a breakout room here while we're doing that I think we got away all right so Mr Hudson Bay back to the to the question to him do you understand if you go forward today representing yourself that I have to hold you to the same standard as it relates to court rules or Rules of Evidence or anything else as I do attorneys you understand that I comprehend okay and knowing that you still wish to go forward on your motion today representing yourself you want to go forward representing yourself today recognizing the court has to hold you okay very good all right all right uh Mr Butler do you believe the courts complied with 6.5 I do thank you okay I do find that again this morning Mr uh Hensley Bay's waiver of his right to council and his and his request to continue to represent himself has been done knowingly intelligently and voluntarily it's unequivocal and I think the court also can rely on the prior times Mr Hensley Bay has been in this courtroom has been numerous his answers have always remained the same uh with his desire to represent himself he's always acknowledged that if he did need counsel he would retain counsel or that he would exercise his right to request court appointed counsel Court's also satisfied that it has again this morning explain the dangers of self-representation to Mr Hensley Bay and that he'd be held to the same standard as other members of the bar or other individuals appearing before the court so I'll allow him to continue with his self-representation and then Mr Hensley Bay you're welcome then sir at this time then to give the court any argument you'd like on your motion here it appears to be a request to hold the proceedings in abeyance aay pending your request for the Supreme Court to look at this matter what would you like to State on support state in support of your motion sir excuse pain pain I'm coming I'm coming here come come I'm just gonna read my I'm gon read my motion defense motion for state of execution pending appeal and bond to be we come now Milton Hy B in for mentioned case with a motion to State defend move for in order staying execution of or any proceedings to enforce the final death positions judgment entered in favor of ion ioni County prosecutor Kyle Brandon Butler on January 8 2024 pending disposition of defendant appeal which was filed with the Michigan Supreme Court on February 8 2024 defendant further moves that as defendant is Indigent no superseded bonds be required by the court or if one is required that no shotties be demanded this motion is based on mcla 600 decimal 2605 on MCR 3 decimal 604 l in support thereof I am writing to to request a St proceedings pending appeal in the mentioned case the purpose of this motion is to prevent IR irreparable injuries to the defendant appellant if the request state is denied with C without causing harm to the P or the public interest if if the state is granted nature of irreparable harm the the denial of due process during the trial proceeding have resulted in specific irre irreparable injuries to the defendant appellant app the right to a fair and impartial trial is a fundamental aspect of due process under the Constitution the denial of a continuous and the subsequent trial proceeding which precluded critical evidence have impeded the defendant Appel ability to present a robust defense deny denial of continuance the defendant appellant motion for a continuous pending Discovery was denied limiting limiting the time available for adequate trial preparation this denial directly infringed upon the defender apping rights to present a meaningful defense trial proc trial preclusion of evidence during the trial the Court's ruling led to the exclusion of critical evidence sought by defendant appell this advisedly affected the defender's ability to mount an effective defense and deprive the defendant of a fair and impartial trial potential for sentencing before mandate a particular concern is the risk that the trial judgment issue a sentence before the pellic court can issue a mandate such such premature sentence would cause irreversible home to Defenders ofel as the appeal process May subsequently reveal errors or Injustice in the trial proceedings lack of harm to aell and public interest absence of harm to Appel granting the request they will not cause harm to the Appel the plaintiff Appel interest can be protected without jeopardizing the defendant appellant rights to a fair appeal public interest Court consideration upholding due process rights is the public interest ensuring a fair and impartial appeal service and broaden goals of justice and indigence of defendant the defendant appellant is indent and therefore should not be required to post supered bonds conclusion I form request that the court Grant a St proceeding pining appeal and if necessary weigh the requirements for a superseded Bond or in the alternative allow the defendant appell appellant to proceed with Charity duty to indigenous see attached proof for apping Courts filing and attached exhibit closing Express appreciation for the co consideration of the motion and provide contact information for any further communication Supreme Court case number is pending I also reserve my right to amend this motion and more grounds to be argued or attendance thank you okay Mr Butler what's the people's position here um thank you this U motion is is very similar not identical to what he had previously filed so our response would be the same the only difference um is that we have received um an order from the court of appeals um and that was dated January 26th in which the court of appeals um dismissed uh defendant's claim for appeal so then the defendant did file then with the Michigan Supreme Court um and that same day that he filed the court rejected um his filings so there isn't any anything that's currently filed appropriately file either the court of appeals or the is supreme court at this time that I'm aware so we would ask you Den now second motion all right so it is accurate that the motion before the court today is similar to the one that the court denied back in January January 23rd of4 at that time there was a uh motions filed in the court of appeals was the Court's belief that they were premature at that time and then a January 26 order from the court of appeals dismissing those orders or that request for review as not being right in Ence and then Mr Hensley Bay has filed something with the Mich Supreme Court I don't know what the status of that is hold on let me finish and then and then I'll let you say what you want and uh prosecutor suggested that that those filings were not accepted I don't see anything in the file whether they have or haven't and it does not impact the Court's decision regardless of what's going on here today but if I could in a thumbnail uh identify the appeal that Mr or the request for stay that Mr H Bay filed earlier this one today are his attempt to have a pellet review of different trial Court decisions that were made uh during trial um and that review again I don't think is appropriate for any appell Court until there's a final judgment meaning sentencing we haven't got that far yet because of these motions so again I don't believe that there is any uh um legal justification a Court rule that would suggest that the court is required to Grant stay uh court is not going to Grant stay for all the reasons I've stated on the record here and that in essence what Mr Hensley Bay is attempting to have reviewed is something that can only occur after we have a final judgment which is sentencing and then the entire record of the trial motions and and anything that occurred prior to that date can be reviewed then and he'd have a appeal of right as I've mentioned in the past because of the verdict after trial so it wouldn't even be the Lesser request of of a a claim of appeal um I'm sorry seeking leave to appeal he has a he'll have a right to uh review of the trial and all decisions that went into it so respectfully Mr Hensley I'm going to neither request for a stay here today Mr Butler I'd ask that your office prepare an order uh indicating the same and let's make sure so that's it's easy to track or as best we can that the uh language that Mr Hensley Bay has used is uh in that order it's denying his defense motion for stay of execution pending appeal bond to be waved all right that was filed on February 9th and then Mr Henley Bay has promise so I'm denying the uh State uh but do you have a question yeah I mean all reason why the appell c one of the reason why they denied the um motion because I don't have the transcripts yet and I have and I I don't have any information saying that the uh Michigan Supreme Court denied anything because that's what I said I don't have anything either but so here's the thing I'm denying the request today now the Supreme Court if they uh sign an order that says wait we're granting your request for a stay then this court has to follow any orders that would come from the appell court I don't have anything in the file that would suggest that okay but you do have my paperwork that I did file with the Supreme Court and you have the numbers on everything um the date that I I have what you I have what you have titled notice of appeal to the Supreme Court of Michigan and and okay okay okay the case title is TB I I assume to be determined so that that is in the file received on February 9th yeah yeah I can't do nothing until I get those transcripts though okay so next order of business then is Miss Bond is here we had a PR sentence report completed no not yet he scheduled for something saying on merch okay does he have a date that need to report I actually made contact with him second all right sir Mr Hensley Bay absent some direction from the Appel Court to sounds like probation will be contacting you to begin the process of completing the pretence report and what was our sentencing date March 5th so March 5th looks like will be our sentencing date okay so make sure you respond to them and get that completed because I don't want you to uh be violating the terms of your bond or something of that nature and I'm not suggesting that you would because you always appear and you're always polite and respectful but they're going to be reaching out to you to get that scheduled and get a sentencing date okay sir okay okay you are free to sign off thank you Mr anley all right I come to D and get that that the order that denial I I didn't catch that last part what was that that order that he denied you denied can I pick that up Mr Butler is going to prepare that order I assume that can be done today I'll sign it and then it'll be filed at the clerk's office and you are certainly welcome then to contact the clerk's office for a copy uh so that you have it for your record okay gratitude okay sir you're all set today thank you all right no no God no God please no no no and thanks for hanging out with us on fact for ODS make sure you hit that Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time for here a video you can me a live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to our channel [Music] members now if you're still hanging around thank you why not hit that Thumbs Up Button subscribe if you're not already and ring that Bell also leave a comment in the comment section tell me 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