[Music] and welcome to facts or frauds yes Mr Martin was here and now he's gone so uh Mr Martin was here and now he is not here I separate 30 versus Eric Martin good morning your honor mc Council on behalf of Eric Martin Josh Hadley p number 80080 all righty today was the date and time set for a settlement conference Mr Martin had appeared and he signed out and is no longer here he left the court the zoom Court um there was also a motion and demand to replace his current attorney Joshua Hadley you would be the second or third attorney I think I've appointed to Mr Martin I can't speak to your honor but I do believe that that's correct I I've was um I know I'm not normally one of your house Council attorneys I was reached out and spot appointed on this I believe I'm successor maybe third attorney on the on the case right judge he is back in the waiting room now oh wait wait wait he's back in the waiting room now here he is in your honor I was not served a copy of the motion um to replace me so I I will not stand obviously in opposition if that's been filed with the court well it's been filed by Mr Martin so it was it was handwritten um Mr Martin turn your video on please all right yeah this is a people of City of Taylor versus Eric Martin uh today's the date and time set for a settlement conference in this matter Mr Martin you had filed a handwritten motion to replace uh your attorney Mr Hadley Mr Hadley is like the second or third attorney that I appointed to you on this driving on a restricted uh [Music] license and replace him which will require another uh it says that uh you're attached motion you'd have to fire the attorney and replace him which will require another appointed attorney time to get familiar with this case and your defenses so um there's nothing wrong with this attorney uh what What's the problem with this attorney he's a very highly qualified attorney who I appointed to you this is a driving on a revoked license not sure what the what the issue is here with this attorney pointed out and uh and the motion and demand to to get rid of him was uh replace him was because uh hey Mr Martin hang on I can't hear anything you're saying because the the tubes behind here all right go ahead yeah just as I pointed out in the motion was uh because he told me that I would I can't say nothing during a trial if he talks can't talk basically uh I have to violate own right to freedom and what was the other Let me refresh over it again okay and there's other reason and plus it kept several times as we just talk not like it was a one time thing normally happen people don't int you know like it happened s times ago show doing intention so so you say you want to talk at trial you have two different options as far as talking at trial one is you can you have the right to testify on your own behalf if you want to and no one's going to stop you from testifying on your own behalf now if you're planning on um doing that your attorney can ask you questions um and you can also be subject to cross-examination just letting you know and you'll be under oath so any sort of perjury or anything like that you could be uh you know subject to obviously the penalties of purgy if there was any sort of untruths that were stated by you on the record on the on the witness stand now the other way you would be able to speak on your own behalf as if you're representing yourself so I think what Mr he Mr Headley is talking about is like uh if someone's asked a question or and he wants to say objection because there's a legal reason to say objection um I don't need both of you to say objection just one person can say objection I think that's what he's it's going to be confusing if you're going to try to talk over top of your own attorney when it comes to that sort of stuff if you um want to represent yourself you're more than you're more than welcome to represent yourself um and you can talk you can be the attorney you can say objection and that kind of stuff um but in that situation I would have Mr Hadley there as a standby so that you can ask uh you know legal questions but there's no reason to to uh to fire Mr Hadley he's a very competent attorney and this is a very straightforward case you either had a license at the time you were driving or you did not have a license at the time that you were driving and all we have to have is as far as the elements go we have to have a witness that shows that you were operating a motor vehicle on a on a public Street and you didn't have a license those are the elements of the case so I don't know who the Witnesses are I we haven't heard any testimonies so I'm not going to get into any of that stuff but I'm pretty sure that Mr Hadley can handle uh a case like this or be or be the uh standby there sitting with you in case you have a legal question when it come when it arises so um that's for that reason I going to deny your motion because you have very competent counsel you requested counsel and I don't see any legitimate reason to fire this attorney and hire a new one especially when you stated right in your motion that our attached motion and demand to fire the attorney and replace him which will require another appointed attorney time to get Fam I'm not I'm not kicking this case down the road again and adjourning it out again um just so that we can install for more time so there's literally nothing in the elements that Mr havy doesn't isn't aware of so I'm going to deny your motion now if you want to represent yourself I'll have Mr havy be there as your standby attorney so that you have an attorney that you can ask questions to right in the courtroom or Mr or Mr havy will be the one who's going to uh represent you and if you want to testify that's entirely up to you you're honor if I may briefly um as Mr Martin's wave attorney Cent as to the uh contents for communication um I've never told Mr Martin that he was not allowed to testify on his own behalf uh for the record's sake Mr Martin has proposed that we would have dual opening arguments and dual closing arguments if there was a difference in trial strategy I've explained to him that the Court's not going to entertain tag teaming this uh proceeding you know what I got L if you wantan if you want to say closing he wants to say a closing sure go ahead I got no I got I got listen I got no problem the court is not the court is very very very very astute in the law and you know what if you want to talk uh you want to do you want to do an opening argument you want to do a closing argument for yourself as well listen I'm just going to remind remind remind Mr Martin that you have a right to remain silent and not have any of that silence used against you but if you want to get up but if you want to get up and speak I'm going to caution you right now of what you're not going to do one you're not going to testify until you've actually testified you're not going to talk about things that are not in evidence so if you're going to be like hey I did this or they did this in the opening statement now if you're going to want to say that it's going to like everybody else does in their opening statements here in this trial the the uh the evidence will reflect or the evidence will prove X Y and Z typing talking hypothetically sure but if you plan on not testifying then you better not testify during your opening or closing statements because you're not subject to cross-examination at that point and that would be unfair for the other side if you are going to testify about your own opinions about your own uh statements of fact that you think happened you're going to do that on the stand if you want to do that or you're not going to say it at all you understand Mr Martin because that's not fair to the other side that's like letting you move chest pieces and the other side doesn't get to move any chest pieces because there's a whole Rhythm there's a whole flow to it there's a whole fairness to the whole process so if you're going to testify during your opening or during your closing statements then you're going to testify on a stand but if you're not going to testify in the stand which is your choice you have the right to remain silent on that then you're not going to bring up things that aren't in evidence because your testimony isn't in evidence so you're not going to sneak it in or slide it in during your opening or closing statements do you understand that before I answer that question Mr Martin the answer is yes or no do you understand the statement that I just stated I comprehend it okay you comprehend so next day next next uh next topic is um we'll be uh everybody's ready to go that is uh set for the trial and uh we'll see everybody here for trial I have some objections and I have something else to say now I never said that Joshua never said testify he wasn't talking in that because I couldn't speak he was it's already been it's already resolved it's already been resolved if you want to make an opening statement you can make an opening statement if you want to make a closing statement you can make a closing statement so yeah I got no problem with both of you making the opening and closing statements and with regard to testimony if you want to testify you can testify if you want to remain silent you have that Constitution right to do that too so Court's not stopping you from doing any of that okay so the motion to remove the motion to remove Mr Hadley has been decided so there's no more need need nor discussion for that I've already made my ruling on that so that was the that was the point of today was the uh your motion was up for today we've R made a ruling on that motion and um we'll see everybody at trial have a good rest of your day sir I have a motion to make motion trial based on Mo that I filed to the case and I have not been ruled on yet so you say your motion to dismiss I had several motions to dismiss are already filed in this case that are right I already ruled on your motion I already ruled on your on your motion to dismiss and if you're just going to refile the same thing then it's it's still dismissed you can't just keep filing the same motion to dismiss one those same motions now I go over the Motions I'm talking about specifically here one based on the 11 so we'll hear we'll hear we'll hear any other motions on the day of trial sir so be prepared because we'll do hear those we'll hear those in person here uh and uh before the trial starts if the trial starts because if your motion is successful then we obviously won't start it but we're not hearing those today those weren't scheduled up or noticed up to be heard today those are going to be heard on the day of trial so we can do them here in person and then uh if your motion is successful then we won't have trial if it uh if it is not successful then we will but that way everybody will be ready to go on that same day so we're going to see everybody on the day of trial and any other emotions that you have we will take care of at that time Mr Hadley your honor one I would like to get a working phone number for Mr Martin I've been unable to reach him for several weeks Mr Martin do you have um I'm gonna put you into a breakout room so because I don't want to broadcast your uh information online and then second your Mr Martin hang on Mr Martin hang on Mr Martin hang on Mr Hadley what was the second part of your thank you your honor I have not received or been able to get copies of any of the prosay Motions that have been filed other than the motion for a hearing the determine nature cause of case would it be acceptable to reach out to your staff to get copies of these prosay motions in advance of the trial next week yes thank you that's all I have your honor all right so Mr Martin and Mr Hadley I'm gonna put the two of you into a breakout room so that you can um swap uh information as far as phone number and things like that so you go [Music] I still have a verbal motion Joseph all right so go ahead and now talk with Mr Hadley in the breakout room you can sign out from there you can't fix stupid and thanks once again for hanging out with us unfactor frauds make sure you hit that Thumbs Up Button you're subscribe 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 faxer broads 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 I'll see you soon