[Applause] [Music] This is Mag Max Headroom. And what you're about to witness is one of the most sinister sounding intros to a trailer to one of the greatest epics ever produced in the history of television. [Music] There's more because you are going to see it as well. >> Welcome to Facts or Frauds. All right, the court will call the case of the state of Michigan versus Lindsay Daneski. Case number 24 S000096. >> Tiffany Woods for the people Muller here on behalf of Lindsay Janeski. Miss Janeski, can you state your name, please? >> Yes, sir. I was just trying to unmute. Lindsay Daneski. >> Thank you. All right. We're here for a pre-trial today. And are you in possession of all of the documents that your client has filed? >> I am, your honor. >> Okay. Can we see um counsel in the breakout room? All right. Um we're back on the record in the case of the state of Michigan versus Lindsay Dunes. You don't need to place your appearances back on. We had a brief discussion regarding all of the filings that were filed. Although the defendant has um an attorney in this particular case. So at this point in time, we need to make a record of what's going on in this matter and we can go from there. Miss Mohler, it looks like your client um submitted uh four different filings. Um first of all, the court has no requirement because we're not a email um eiling uh court to accept um email pleadings. We did do so. um your client was advised that there is a page limit to how much we'll accept for any one hearing. So that happened and you should be aware that that did happen as well and um that she will need to follow any filing requirements in the future. Um and I believe that she represented to staff that she had filed those with the prosecutor's office. Uh Miss Woods is indicating she did not receive them. I don't know whether they would file with the prosecutor's office or not. Having said that, um uh do you have a copy of the filings that your client filed with the court? >> They do, your honor. I received those those filings were sent to the court and I and just now realizing they were not sent to prosecution, I have forwarded those to Miss Woods. >> Thank you. >> I sent them to the other prosecutor. I apologize. Her name was Ellie, I think, cuz that was the one who it said she was the prosecutor for the county. So, I just probably sent it to the wrong prosecutor. >> So, um it is a he um that is prosecutor Ellie Savit and um and they probably did not get sent to the proper place because the way you filed them. >> I filed them the way I was instructed to file them. I called and asked for instructions and I did what I was told. So I didn't I was told that the filing requirements were to email them and that's what I did. So and then I was notified after the fact that there was a limit. They made an exception because they didn't notify me and then I told them I emailed the prosecutor, verified the email and um so as far as I know the chief prosecutor got them. I just didn't know that I was supposed to send them to the other prosecutor too. I thought you know notice the agent and notice the principal. So, I thought if I sent them to the main prosecutor, any of the assistant prosecutors would get them cuz I didn't know which one would be on the case today. >> Miss Woods. >> Yes, Judge. I mean, I'm just uh opening up one of the uh one of the files now. I mean, I would need time to review all of this. I would not be able to. >> Yeah, I would need time to review all of these, Judge. >> Thank you. >> All right. So, first of all, Miss um Doneski has counsel. So, whether or not she should or has the ability to file filings in the first place is something I'm still mulling over because she has counsel. So any pleading should come through her counsel and >> yeah they refused to file it. So >> ma'am ma'am ma'am ma'am I didn't say >> oh sorry >> I apologize. >> And then um secondly um these are not not proper pleadings. They're not filed in the proper format. They're not filed with the proper spacing. They're not filed according to any of the court rules. So that's >> they don't have to be though. >> Ma'am, which I do. Ma'am, if you speak up one more time, you're going to be held in contempt of court. >> But I thought this was my hearing. I should be able to speak on my own behalf. >> You're going to be You're not You're not able to speak on your own behalf unless you don't have counsel and you need to stop talking. One more talking. It's going to find you in contempt of court and I'm going to give you 15 days. So, please stop talking. Miss Woods is indicating that she needs time to look at those pleadings and to be able to respond. Miss Mohler, what is your position? I haven't heard anything from you today because she actually has >> Thank you, your honor. Miss Uneski and I did prior to the last um pre-trial discuss I didn't know exactly what she was going to be filing, but I did understand the basis of her legal argument. her and I had a conversation where I didn't agree with the grounds for filing. Um it is correct that I said I would not be filing this on her behalf because I found the legal argument not to be correct. Um at this hearing then Miss Duneski did file these um motions and so I would discuss it further with my management but I would not be proceeding with these arguments at a hearing if the court were to set it for that. I understand Miss Miss Duneski does want to proceed with these arguments and I believe that she's requesting to represent herself if this court sets this for a motion hearing. >> No, Miss DKI, are you requesting to represent yourself? >> Well, I'm asserting my right to represent myself. I'm not requesting. >> All right. Then if you're not requesting to represent yourself, then what's going to happen is you're going to continue to have counsel. Well, I'm No, I'm asserting my right, which is much stronger than requesting. I shouldn't have to request something that I have a right to. It just should be automatic. Right. Right. >> Like the sixth amendment. >> It is ma'am. >> Yes. >> It is not automatic. >> So, first amendment, right? >> Talking. >> Well, you asked me a question. I'm answering under the sixth amendment. >> No. Nope. Nope. Stop talking. So, look. This is the way it's going to work. I'm going to give you what your rights are and then you if you make a choice to represent yourself, you can after I've finished giving you those rights. Do you understand that part? >> I comprehend it. >> Okay. >> Yes, ma'am. >> So, first of all, what you're charged with is police officer assaulting, resisting, obstructing. It's an attempt. It has a maximum penalty of up to one year in the county jail. Do you understand that part? >> I comprehend that that's what you're charging with. I don't understand it because it's false. >> Okay. Do you understand that that is what the maximum penalty is >> ex? I do which is why this is unconstitutional because I was the victim in the case and false. I think what I'm going to do is refer her to make sure she's competent because at this point in time, if she can't understand and she wants to use a different word, then I guess what I need to do is figure out >> comprehend means that I could I know what it means. Okay, understand means that I'm understanding the court and I am not understanding the court because I'm challenging jurisdiction. I don't need a competency evaluation. I see a psychiatrist every month because I have ADD. So, if you would like me to present to you that I'm mentally fit, that's fine. But for you to say that I have to have a competency evaluation with no cause because I'm asserting my rights, that's a violation of Sheer versus Cullen. All I'm doing is asserting my right to represent myself. >> Refer for competency. We'll prepare an order so she can be evaluated so we can deter. >> Well, I object to that. I object to the comments. >> What do you want to object to? But if you don't participate, then I'll put you in custody until we get an exam done. >> Why? But you have to you have to say that there has to be a reason. There has to be a cause for it. And I have a right to know why you are forcing me to do something that I don't want to do when I have I thought I had a presumption of innocence. I thought I am supposed to um have my >> competency. You need to stop talking. And if you don't participate, I'm going to put you in custody. And I already placed on the record. Why? >> Okay. And also, doesn't isn't the officer supposed to be here today to testify? >> That is not how that works. See, you don't know anything about this. And that's why you shouldn't be representing yourself. But >> preliminary exam supposed to have witnesses. >> This is not a preliminary examination, ma'am. >> Oh, I was told I thought that's what that was. I was just under the impression it was a prelimary >> competency. Um, and I'm going to schedule this for a hearing on November 20th in person so we can have these conversations in person and see if they go any. >> Well, I don't have any way to get there. I live very far away from where this is now. >> I think when you get picked up and you're required to come here by police, then you'll have a way to get >> Why would that be necessary? All I'm asking I'm challenging jurisdiction, which I'm allowed to do, without being retaliated against. You're retaliating against me because I'm challenging the jurisdiction of the court and that's a violation of my rights. >> Okay, Miss Duneski. Um, you either need to be here, you need to participate in the competency and you need to be here on November 20th or you will >> I'm going to be filing with the court of appeals on this. >> Go ahead, ma'am. >> And the court of claims because this is not Okay. >> All right. Bond is continued for now. Once you get the notice of your actual uh interview from the forensic department, if you don't participate, I'll issue a bench warrant. >> Okay. Well, like I said, I'm going to be objecting to >> Hi. Well, that's just about it. So, sell, thanks for watching and we'll see you again real soon. >> And thanks for hanging out with us in facts. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. Fact, fact. 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