hey can you call upy B Mr B why are you not here today uh the schools and everything are closed today so I ain't have no uh baby said as anything at the last moment all right well you do have some motions and you also have a sentencing date but I need you in person for this today all right you going to be able to get over here later this morning I'll try to be on my route right now it's now [Applause] okay no no God no God please no no no and welcome to facts or frauds [Music] what you are witnessing is real the participants are not actors we call the case of people be Milton Hensley JR this is case number 23s 18766 defendant is so two things here that are [Music] so um this Bond so today it looks like we just have his motions today we don't have a sent so we don't have a PSI completed then correct we I'm still waiting for the referral from the prosecutor's office so I don't even have a date yet but he did come to the office okay all right so Mr Hensley then I thought we had a sentencing date today so it's just your motion today so um just like I have every time you're here I got to go through these questions with you all right and I want to make sure we cover them yeah go ahead oh myor my name is MIL Henley Bay yeah I Tred to remember that Henley B all right go ahead and I come before this honorable C to respectfully address a matter of significant import related to the case at hand I hope to present this statement with Clarity and transparency on the 8th of January 2024 my honor rendered a judgment following a trial proceeding in this matter subsequent to the Judgment ibate filed in appeal with the Michigan CT appeals the appeal has been accepted and is bear claim of appeal number 369 382 I am compelled to inform this quote that I I am impelled to inform this code that in the light of ongoing appeal process I find it necessary to request a state of the proceeding in this court the decision of the Michigan court of appeal will likely have a profound impact on the direction and resolution of this case furthermore your honor I must Express that during the trial my request for a continuance was denied hindering my ability to adequately prepare for the proceeding thus compile with my current indigenous status pres present substantial challenges I am unable to afford the C the cost associated with obtaining additional transcripts fing filing experences and even basic living cost as I navigate through this appell process in consideration of my Indigent status I respect respectfully request that the court weighs the bond B option or any bond requirement in this case the financial constraint I may the the financial constraints I face make it impractical for me to meet the financial obligation associated with posting a bond waving the bond requirement would ensure that I can effectively participate in the ongoing legal process despite my financial limitation I humbly move to this code to enter in order to State the proceeding in consideration of the pend appeal with the Michigan court of appeals my honor I overand and I overand and comprehend the gravity of this request and assure that the courtroom that it is made in the interest of justice and the fair adjudication of my case I great I am grateful for the Court's attention to this matter and I am prepared to provide any additional information or clarification being necessary by the C without self-incrimination thank you for your consideration your honor respectful mil H be all right so Mr H I do have to ask these questions again so they're going to notop familiar to you so you've got this motion before the court scheduled today you do understand that you have a right to have the assistance of an attorney at any stage of the proceedings this is another stage of the proceedings sir are you waving your right to have an attorney you continue to want to represent yourself or would you like the court to appoint an attorney I continue to represent myself very good and then you understand that um if can't afford a lawyer the court could appoint one for you would you like the court to do that no okay um you understand that the charges that have been brought against you and now that you've been convicted of those are serious charges they again are the charges of let me pull the information here all right count one is caring a concealed weapon that's a fiveyear felony under a $2,500 fine with mandatory for of the weapon or device Count 2 is assault with a dangerous weapon that's commonly known as fonus assault that's a fouryear felony and our $2,000 fine a consecutive sentence can be imposed if the assault was committed in the place confinement and fin count three is felony firearm which is a 2-year felony however it's two years consecutively with and preceding any term of impr an opposed for the felony or attempt and felony conviction along with mandatory weapon forfeiture of the weapon or device so again you understand the nature of those charges and the maximum penalties sir I comprehend all right and as it relates to count three that's wor some I guess a special acknowledgement we've talked about this previously but that charge by itself requires the court to sentence you to two years in prison which you would have to serve before you would begin to serve any sentence on Council one and two you understand that ceh and knowing that you still wish to go forward representing yourself I represent myself very good sir um do you understand that there's risk of representing yourself I do know that understand you understand that there's risks of representing yourself because the other side is represented by attorneys and the court will be required as I have throughout the proceedings to hold you to the same standard as an attorney and the court couldn't give you any special consideration ation or assistance if you will with your motions or defense or anything of that nature in other words I have to treat you the very same that I would the other side and they represented byor do you understand that heard versus K say you can't treat me as a Jewish because I'm not one all right so we we did go through that you did raise that motion earlier court has a different interpretation of that case and what it meant is it relates to pleadings and not actual motions or trials but do you understand though that you could be at a risk of of by representing yourself and that you are not going to have the training the experience or the education that the other side does I compreh okay um do you understand that I have to require you to follow all the rules and the same requirements that apply to lawyers in this court you understand that don't understand okay so I just went through this you want to represent yourself court has to treat you the same as the attorneys I can't give you any special help or relax rules or something like that simply because you're representing yourself do you understand confident very good that's a long way to the court saying I can't give you any special treatment if you want to represent yourself do you understand that okay would you like the opportunity to either hire an attorney or just talk to a core appointed attorney before we keep proceeding today no would not um and then do you agree if we go forward with your motion you'll follow all the same rules that the attorneys and anybody else appearing in this courtroom are going to be subject to okay Mr Butler do you have any questions regarding his waiver to councel not thank you all right you believe the courts complied with MCR 6.5 I do all right so as far as the court is concerned uh Mr Hensley Bay is represented himself from day one in this case the court has tried to uh run through all of the questions that have been provided uh by SC to trial courts as sort of guidance if you will for those representing themselves and wishing to represent themselves Mr Hensley Bay has been consistent in his desire his right if you will to represent himself I find that remains the case today again the court asking these same questions multiple times of him and I again I when we do this I don't mean to insult Mr Henley Bay's intelligence it's just something the court is required to do and it might from his perspective seem like why do you keep asking me these same questions I want to represent myself I have a right to do that and you're correct but we do need to do this each time at least this Court's interpretation each time that you appear because you certainly have a right to change your mind too you want to hire an attorney or ask for court appointed attorney we can do that also and then delay the proceeding until you retain or have a court appointed Council appointed all right so I do find that your waiver today again is knowing intelligently and voluntarily made I would characterize it as unequivocal again Mr H has been uh steadfast in his desire to represent himself believe the court has and Mr Hensley Bay has also acknowledged the dangers of self-representation uh that he'd be held in essence to the same standard as anybody else court rules rules of evidence those types of things and therefore Court will then allow Mr Hensley B then to proceed today he has a motion before the court to stay the proceeding pending a pellet decision now this is one of those things again comes up and folks in representing themselves he has filed his motion scheduled it on for today appears but he's also filed a claim of appeal at least in this Court's opinion that claim of appeal is premature and that Mr Hensley Bay simply has not been sentenced yet so to the extent the court has one here in front of me a claim of appeal that appears to bear his signature and was dated January 16th that's not something the court would consider or can consider at least in the Court's opinion because he's not yet been sented now this is something he certainly can file post sentencing but that leaves us then today to the motion that was filed which is simply a motion to stay the trial court proceedings Mr Hensley Bay anything you want to State this morning in support of your motion to stay the proceedings which would mean in essence the sentencing date that is I don't know that we have a date yet do we yeah that will UR some point in the future one thing I have to add is what I just read to you a motion to State granted that everything been D you know cases over with the court of appeals they gave me a number and everything so the case is active and I just ask that you you know give me a Motion state where we can get everything in order because I also paid for the transcripts and I was told it'll take uh maybe three months before I can get them you know so I just I just you you know the coach to give me that time r that time to get these things in order all right then Mr Butler what's the people's position on Mr Henley Bay's motion to stay so um I did receive a motion I suppose um from the defense defendant it looks like sometime in maybe January and it's tit motion to stay Court proceeding pending appell decision and it is three pages in last night um I received an an email about 7:25 p.m. from someone other than the defendant Curtis Shan Joseph Bay um sending an email it appears on behalf of the defendant um with an amended motion for stay of execution pending appeal um did that get filed with the court I've not seen it okay so I suppose I won't address that then it was filed on the 22nd so Mr H that raises a different question I'm concerned about so you've consistently represented that you want to represent yourself this would sound like this is a third individual that's filing something on your behalf is that correct yes okay who who's the third individual told is Curtis B Curtis what b b Curtis B so is that a relative of yours or something yes okay is he an attorney you have information all right but he's not an attorney my all right so because it's not been filed with the court certainly Mr Butler has raised it Court would not consider that today no it been f it was file on the 22 I don't have we'll have hold on we'll have Mr uh guer our clerk is going to search for that but even if it was filed on your behalf if it's not an attorney and you've indicated to the court you want to represent yourself courts can't consider that anyway all right because a non-attorney canot represent you you can represent yourself or you can have an attorney represent you but you can't have a non attorney that's represent ACC to my nationality MO is American we have Council and that's how we do with Council yeah I'm not aware of a Court rule that would allow the court to have a non- attorney practice law so that's a bridge we can cross I guess if and when we get it but then Mr Butler I would like you to address Mr Hensley Bay's motion to say the proceed thank you then just focusing then on the January 10th motion that was filed um the defend doesn't give any rational basis for the state of proceedings there's no cations there's um nothing no Court rule Cas law nothing like that cited with the defend does site is rules 6.4 in regard to Speedy trials which is fly applicable to this case Al together um defend is not custody um he's not an inmate a prison inmate it just doesn't matter why and so with that we ask your honor to deny motion based on lack ofit all right Mr hle Bay I am going to deny the motion for stay Mr bot correct in reviewing what you have filed here and it's a two three-page document the third page is just a signature page it looks like there is no grounds that has been cited that the court could rely on that would make sense for a stay now you certainly still have a right I'm going to deny that but you certainly still have a right you can file a request to stay the proceedings in the circuit in the appell courts there is a a mechanism to do that where you could then also ask for an expedited expedited review of the same but I I don't know that I'm aware of that other than you're indicating you have and you have filed this thing called claim of Po which again this court does not believe is appropriate because you not you not yet that sentence in essence you're you're I think what you want to do is you want to have a adjournment of this or state of the proceedings if you will to have the court review something that is not yet right which is the outcome of your trial and it's not yet right because you've not yet been sentenced so I'm going to deny that motion I'm going to ask Mr Butler to prepare an order that says your motion to stay the proceeding is is denied now if you do file something with the court of appeals and they Grant your request for stay they would inform the trial court that the proceedings have been stayed and then we would go from there what's up filed yesterday all right so just for the record so the clerk has just handed to the court a filing that occurred yesterday it is titled amended motion for stay of execution pending appeal bond to be wed it's one two three pages in length that is filed by Milton Hensley Bay and that appears to be was it were these other Pages attached exhibit for a motion to stay I believe there okay so then there's a there's a third page it says exhibit for a motion to stay Cas information case header uh case number court of appeals 369 382 second page is citing the look like the parties at any County prosecutor and then Hensley Milton Joseph 1164 24 in complete filing order appealed from trial court on circuit court and then my name is a trial judge motion waves transcript was requested defec of holding file letter all right so that looks like I guess could be it's a copy this was filed the clerk's office maybe what Mr Hensley Bay has been referring to he held something up a moment ago so it looks like maybe he did file something with the court of appeals so if you did Ser this court certainly um we'll take direction from the court of appeals if they give us some sort of indication that they have stayed these proceedings or they will give you additional Direction along with the court uh what they are looking at as it relates to this filing whether they have accepted it rejected it is being in complete or something those but they said accepted and when they give me the number that number you just read out there 269 yeah 382 the number that when they when they gave it to the number accept so that's why I came when they gave me information that's why I present the information to Y yesterday also presented to me so so that's been filed with the Court's office but it doesn't change this Court's opinion about the motion that was properly before the court today which was a motion to stable the proceedings I'm going to deny that I'm going to ask prosecutor prare an order indicat so I can sign it and then you certainly can get a copy of it from the clerk's office so that we're all on the same page now again if this meaning this filing that that I was just handed results in some sort of direction from the court of appeals that your case has stayed meaning the sentencing date that we're going to stay the proceedings and the only thing left would be a sentencing date then certainly the court would follow that directive but right now I'm denying your motion to stay the proceedings and then Miss Bon can you give us an update then I have Mr Hensley Bay here uh what's the status of that PSI I yet received refer from the prosecutor's office so we haven't even begun the process oh so I assume he checked in with you though after complete yes he did come following the trial and completed his pack have all that so you'll be contacting him in the future to then complete a PSI correct y all right then Mr B you prepar the order denying his motion here today yes all right then Mr Hesley Bay that just means we'll stay on track for a sentencing date I can't tell you when that will be yet they're going to contact mean probation will contact you to begin or I guess not to begin to continue is the way I would put it that process of completing the prent report as I mentioned to you before once that's completed then you'll get a copy of it you'll have a chance to check it for accuracy so you can let the court know when we come back for sing if there's any information in the report that is in it accurate then we can get those corrections made so we have accurate information on which to base sentencing so can you also give me a a rule and all I also ask the C you know because of my financial situation can you weigh some of the transcrip fees and F fees so was my understanding that somebody the court already signed a waiver didn't they I thought you were given the w a waiver yes for court filings oh for court filings okay for transcripts so maybe that was in here I thought let's look at that I think Selena was holding on to it who was Selena oh maybe oh here all right so this looks like this was filed on January 10th all right so the court does have it so Mr B you did file a fee waiver request you indicate you receive SSI and you didn't fill out any additional information as it relates to income so there's a box three your household income the number of people in your household your source of income the court did review this on the 11th it looks like that time Court denied it because I didn't have all the information income information had not been provided so if you want to complete this I certainly would review it again today so it's that box three if you want to approach thank you all right thank you s for the record Mr B has returned us to the court we got a gross income of $1900 is that every week or every two weeks or a month that's once a month once a month all right and the source of the income is the SS It's Curious to the court when I'm looking at my notes from The Trial you indicate you're on this supplemental income Social Security if you will I guess not something Social Security but the testimony from both the 404b witness from the prior incident you had in Grand Rapids and then the this incident I recall you were driving a newer BM W might have been driving a Mercedes with the incident in and it wasn't my vehicle Grand Rapids whose vehicle for what's that the BMW is for S okay did you have a different sort of income back then no the the range R range was 2011 m m vehicle somebody I know was AFF would kind of help me okay and then the other thing that's troubling to the court as I'm handed this and you've finished filling it out I think my administrator indicated you came in and paid cash for your transcript all is that act yes so is the cash part of your $1900 a month man I'm depleted that's that's I'm 50 years old so everything I had saved man that's that's what it was all right so here's I guess my question I don't know this do you know is that the amount that was provided by Mr Bay is that the full amount ofous transcript or estimated full amount that's estimated full amount all right well here's the issue with that Mr Hensley Bay my understanding of the Court role the fact that you are receiving Social Security makes you eligible for a waiver so I'm going to sign your waiver I'm going to redate it today I'm going to check the appropriate box cross these out just got to know Social Security would be the 23rd 2024 and then I'm going to check cash to be returned now if you want to use that to hire an attorney for your sentencing date you're welcome to do that you're welcome to continue to represent yourself do you have any questions about anything gra all right so I'm going to give this to my court staff and I'm going to ask you to step over to the clerk's office or not to the Circuit Court uh office which is right outside this door you can talk to my administrator what I'd like you to do is I'm going to have her draw a piece of paper you both can stand there and count the cash and then you'll acknowledge that the I don't know what the amount was but whatever you gave to the court is being returned to you i' ask that you sign and acknowledge that all right okay gratitude okay they're going to contact you meeing probation to finish the PSI and then once that's done we'll give you a new sentencing date okay I I apologize I thought this was the sentencing date you do need to be in person for the sentencing date if this was just a motion I certainly and I had I known that I would have let you appeared remotely but I thought you were here for S all right so I I know that you appear for your court date so I'm not concerned about that Mr Butler anything else no okay you're all set today Mr okay yeah that's all right and then we're going to continue with our doet so you're all set you're free to wait Mr Butler what El do you think this show is educational yes it'll drive people to read BS and thanks for joining us on faor frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time 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