welcome back to the channel guys today
we are back in zumkot for round four of
judge middleton v samuel perdue aka
samir siraj mauro bay for his pre-trial
hearing there are plenty of ups and
downs in this one so let's get straight
into it
good afternoon sir
can you hear me i'm sorry
yes i can thank you good afternoon mr
marble this is judge middleton
deborah davis is here
and we're ready to do the pre-trial
conferences in your cases
i'm going to call them and then we've
got some things we're going to
address
i came in early from a meeting
so we could start early because i
understand you have to be at work
what time do you have to be at work
four o'clock
all right well we'll be well done before
then
he works i wonder if he pays taxes to
the us government on that income
there are three cases
plus some civil infractions
file
202073 st alleges driving with a
suspended revoked or denied driver's
license having allegedly occurred on
september 17th of 2020
file 202653
alleges driving suspended second offense
and
forged our false license and
speeding that allegedly occurred on
october excuse me november 25th of 2020
here in st joseph county
speeding charges attached to that
file 21213st
is a charge of
driving with a suspended license
second offense false
operator's license and speeding
that allegedly occurred on
january 31st of 2021
so there are three driving suspended
cases
two forged license cases and two
speeding cases but three separate
incidents
what is the deal with soft sets and
speeding especially this year i've
covered most of it's getting stopped for
speeding this year than in previous
years
the defendant is charged under the name
samuel perdue
he
goes by siraj
s-i-r-a-j i think mar-o-m-a-u-r-o
bay b-e-y
so we're talking about the same person
first of all mr mario bay let's recap
some things we've had a number of
hearings in this case
and the matter was set for a previous
last pre-trial prior to a jury trial
you didn't appear
for the last pre-trial
and bench warrants issued
then you appeared
for the jury trial
but
it was adjourned because you didn't show
up for the last pre-trial
you posted bond in each of those matters
and i want to
reconfirm something you've told me since
the very outset that you don't wish to
have an attorney appointed to assist you
i am ready and willing to appoint a
lawyer to help you either as counsel
or
advisory council
but every time i suggest that you
decline
do you wish me to have an attorney
appointed to assist you with this
hmm what do you guys think do you think
after being held in contempt and
spending however long he spent in jail
before posting bond he has finally come
to the realization that representing
himself is going to be pretty difficult
let's see
um
i do not wave my rights whatsoever
but i do not want
anna turner wait what an a turner
that's not how you say attorney dude
all right that's been consistent
and also i just want to say um
i'm making a special appearance
in my appropriate persona
well you're here especially or otherwise
and you wish to represent yourself in
this matter i just love those grins and
looks from deborah davis the prosecutor
every time he says something dumb i too
would find it difficult to keep a
straight face under these circumstances
when we discussed this last time i said
if you have if you're going to represent
yourself then you need to do it right
you need to show up at the appointed
time which you have done
uh if you have pleadings you wish to
file you have to file them and provide a
copy to
the prosecutor which you have done
so let me go through the things that you
filed with the court
and see if miss davis agrees
okay here we go with the dumb filings
this should be fun
you filed one of these i think for each
case
there is
one called exhibit one
affidavit of fact
writ of discovery
um
for the
202073 case and the civil infraction
that's attached to that
then you filed a
rid of discovery affidavit of fact
in each of the cases
does that
document require me to make any ruling
or anything or you simply wanted to have
that on file
and before he responds that i don't have
any of those in my files
or you don't
no you came to the courthouse
uh you didn't get these
no
he's talked about them each time he's
come in but he has not provided any tour
office
well some of these are printed on
eleven and a half by fourteen paper it's
hard to find something that'll print
that but i will make sure that you get a
copy of each of these documents
thank you
i think she put him in on and on base
anyway regarding the ritz of discovery
affidavit of fact
is there anything you want me to do with
that or you simply wanted to place that
on file um i had to try so um so
everything i do i have to place on
public records so i let everyone know
what's going on
so um
so i basically had to have to um
anytime before court i have to you know
send in my affidavit so i can let the
court know what's going on
um prior to me being there
um
they've been date stamped december first
they're placed in the on-base filing
system and i will provide copies of each
of these to the prosecutor
all right those are all also
it's my understanding
what else what else you filed
you filed
a document called 1508
point specifically mentioned
identification documents
18 usc 1028
and an accompanying house resolution
receive that for filing i'll provide a
copy to the prosecutor
you filed a
position statement of certification from
the pennsylvania
house of representatives
from 1933
right to no law request
again deborah's puzzled face on these
irrelevant filings are comedy gold
i've received that
date stamped it and i will provide a
copy to the prosecutor
sweet
you provided a copy of the constitution
of the united states of america and
north continent
the preamble and the constitution and
you also provided a copy of the bill of
rights
we're all familiar with those but i'll
accept it for filing and provide a copy
to the prosecutor
this is just wasting the time of the
court at this point why would you file a
copy of the constitution and bill of
rights i mean what does he hope to gain
from that
the all false also file a document
called
legal notice name declaration
correction
proclamation and publication
yes and sealed and i've received that
date stamped it and we'll provide a copy
to the prosecutor
then you file something called
the united nations declaration the
rights of indigenous peoples
that's a
28
29-page document from the united nations
i'm not sure the date of it is 2007
and that's also date stamp december 1st
and a copy is will be provided to the
prosecutor and that filing is a waste of
paper because he is not indigenous mars
are not native to america
then you filed a copy of a treaty of
peace and friendship
dated
1787 between morocco and the united
states
and that is a four-page copy apparently
of a treaty from 1787.
again that's date stamped it's been
received for filing we'll provide a copy
to the prosecuting attorney again
another irrelevant filing because he is
not from morocco nor is he a descendant
of the moroccan empire
all right so i've accepted your filings
you wish them to be on the record and
they are
thank you very much
we have some things we have to discuss
but also
all right what else did you want to say
i apologize i wasn't trying to cut you
off um but also um it's from my
understanding that all affidavits
must be answered
or else they stand in law
as law
so i i'm hoping that um
i'm hoping that you all will uh review
all my documentation
and um and and answered to my affidavit
please
okay but when he does review it and rule
on it you should accept that ruling and
move on
right
all right let me rule on that
this is not a legal document and per se
it's not a motion
it's not a
it's just a declaration that there is no
answer i've accepted them for filing i'm
not requiring the prosecutor to file an
answer
and the court won't be filing any answer
but i've accepted your documents
so that's my ruling on that
all right let's go through this but also
challenge jurisdiction from day one
you've made your motion
and i no it's not emotion
all right well i decline your challenge
of jurisdiction but you don't have the
authority to you have to prove
jurisdiction you have to physically
prove jurisdiction with like paperwork
and documentation it's not because you
just want it and i mean that respect for
it well certainly they have to prove
venue which is where the crime alleged
where the crime committed at trial but
you've made a motion and i've declined
it so you can appeal it if you're
convicted you'll have you've preserved
these objections
for
appeal right now you're presumed to be
not guilty you haven't been convicted of
anything
you're challenging jurisdiction yes
challenging these things by answer i've
denied them
if you are convicted you would have a
right to appeal
your
denial of your emotions so i'm
preserving each of your emotions but i'm
denying them but if you wish to appeal
it if eventually convicted
uh you have a right to do that
so i understand it works
yes the constitution the bill of rights
and the treaty of peace and friendship
is fact
i don't think anyone will argue with you
there
what they have to do with your speeding
and driving without a license charges
well i don't know
now there's three separate incidents
where you allegedly were driving and at
least two of them were speeding
the prosecutor has filed a motion to
join all of those three cases
in one trial
what's your response to that
she's saying rather than have three
separate jury trials on this i request
to join them
all for one trial
um
offer one trial
yeah
you're entitled under the law to have
three separate trials
uh one for the january 21 case
one for the november of 20 case
and one for the october or september of
20 case there are three separate
incidents prosecutor contends they show
a pattern of continuing to drive without
a
valid michigan license
but so she's moved to join them but it's
your right to have them tried one at a
time if that's what you wish
so the prosecutor filed a motion to join
them into one trial
do you have a position on that
um
well i definitely requested a
trial
by my national peers but i know that's
not going to happen um
but um no i don't i don't want them all
to be combined
so the defendant objects
ms davis you wish to speak to that
i stand on my pleadings as filed i found
the motion with a brief attached
acknowledging uh the
court rule uh under which we're seeking
this
for judicial efficiency for cost
involved with these uh and the facts
themselves i believe that the the court
should join them together to have you on
trial thank you
all right one wrinkle to this mr mr
morrow bay
is
if you have one trial the prosecutor
gets one shot
at convicting you
you have to be proven guilty beyond a
reasonable doubt
we have one trial it's all over at one
trial if there's three separate trials
they have three separate attempts to
prove
the charge
um
so that's something to consider however
understood
uh you i'm going to
grant your objection
it certainly would be more judicially
efficient to join these into one trial
but there's substantial prejudice
if there's a trial and the jurors know
that
you've done this three times in
uh 70 or 80 days
your defense is essentially the same to
all three cases
but i think your
risk of
prejudice
outweighs the prosecutor's desire to do
this
in a one case efficient manner
um
i see i see
all right so i'm gonna we'll set these
um all for the same day but we're gonna
only do one at a time
now
now
if i wanted to change this at a later
date is that is that a thing i could do
or is that just um
no i guess if you change your mind and
decide i'm gonna set all three cases for
the same day
uh but we unless you agree we're only
gonna try one case
let's say for example we set all three
cases and uh officer
so and so
uh
is having a baby on that day when they
ask for adjourn that we could adjourn
that and try one of the other cases
so we're gonna set all three to make
sure we can do at least one
and if you change your mind and you
agree to have them joined into one case
you need to tell us
by
a certain date now deborah i've been
looking at the dates
uh i've already scheduled we lost the
jury day we had set for this
because this mr morrow bay didn't show
up for the pre-trial so we lost that
date or we've done at least one of these
we've scheduled everything through
january and february which takes us to
march 9th
that's a wednesday
mr maro bay are you available on
wednesday march 9th
march 9th um
i will be
all right i'm going to set up for
wednesday march 9th
2022 at 8
30. all three cases will be set
for the same time
no work for me that day i guess free
trials in one day should be fun unless
of course he accepts the very generous
plea deal offered to him later on by the
prosecutor
if defendant wishes to have them joined
you have to tell us
by
february
25th
okay
mr perdue have you been provided with
the dash cam video of that
uh incident
oh my name is mr bae i'm sorry mr bay
and i have not
we discussed this yesterday your honor
and
the defendant and i discussed how i
would like to have some direction from
the court regarding
giving him this video uh with a
protective order that he would not
disseminate it or use it for anything
other than the purpose of preparing for
trial
yes i would release it on those
conditions
otherwise you'd be in contempt but
you're representing yourself and your
title to have
so video
will be provided
yes we have them here sitting on
uh the staff's desk and they did confirm
an address that is a proper address for
the defendant to be able to mail those
out so those will probably if the mail
hasn't gone out today
today but it will not help which is what
you want in the protective order but mr
uh
they you can have these videos you can't
disseminate them share them
you can have them
uh to review and prepare for your
defense
so i can't that's
the first case
i can't show people that i was traveling
in the videos and then well you can show
us
your house but you can't post it on any
social media
if you do you're going to be in contempt
you can show it to people
uh you can't post it on any social media
until this trial is completed
or make any
reproductions of it
he only wants these videos so he can
present himself as a victim to his
buddies
just remember though if you do see any
of these dash cam videos anywhere before
the trial is done you will know that he
ignored the protective order to post
them online and could be held in
contempt
if i find them i will of course refrain
from posting them until after the trial
i wouldn't want to incur the wrath of
judge middleton even though i am on a
different continent
correct
all right the next case
is
20 two zero
i'm gonna bring these next people in and
mute them
two zero two six five three
that allegedly occurred on november 25th
of 2020.
uh that contains a speeding charge and a
driving suspended charge
what's the status of that
urinary that case has not been resolved
and
on-base says it can't connect to the
server so i'm not sure what's going on
uh john hofmeister this is the michigan
state police case
there were
[Music]
two other troopers that assisted and
responded and there is a dash cam
for that one
and a driving record
yes
all right same thing same protective
order
but you're entitled to have the evidence
that the prosecutor intends to introduce
against you
uh mr bay i'd give you a piece of advice
there are a couple of speeding cases in
here
the most important speeding case
which sets out the standard the
prosecutor has to meet it's called
people versus fairness
i don't have the citation it's
f-e-r-e-n-c-y
i'd suggest you may wish to take a look
at that
uh case got hofmeister and two other
troopers
okay
f-e-r-e-n-c-y
all right then the last case or the most
recent case since 2021
allegedly occurred january the 1st 31st
that charges driving suspended
and false license
and
uh i believe there's also a speeding
attached to that
um
miss davis the complaining officer in
that case is
jesse raymond
that one might have
sergeant steers
who was in the front seat with him if
that was in the village of centerville
and there is a dash cam for that one
all right so certified driving record
dash cam
um so this court doesn't recognize the
right to travel
yes it does
you know what the right traffic
smith the right to travel
all right yes i recognize the right to
travel i don't recognize the right to
drive without a license and go 84 miles
an hour and a 55 mile an hour or so
so you have a right to travel you don't
have the right to drive it's where you
and i have a fundamental disagreement
speeding driving without a license wrong
plates no plates no registration no tags
etc has all been ruled as non-arrestable
offenses and i've been arrested
well the offence is on their own and
arrestable but add them all together and
the fact that you continue to repeat
those offences means you will get
arrested oh and thompson v smith does
not support any of your claims my guess
is you haven't even read that case
because if you actually did it states
that cities have the right to require
permits for the use of roads
yes
cal vs farley this these are this is
um these are these are um
court case documents right here that uh
that we we keep ignoring i don't know
why we keep ignoring these
supreme court case documents right here
but it's okay for you to gloss over
thompson b smith without reading it
look the judge knows the difference
between traveling and driving and he
knows that nothing of what you are
presented has any merit if you believe
it does then appeal it that's how this
works if you are going to represent
yourself then at least read the cases
before you file them
this is ridiculous
you made a motion we'll just
accept it as this i'll put it in order
your emotion
to dismiss regarding the right to travel
is denied
and so that also preserves your emotion
you can
appeal on that issue if you are
convicted
so in problem
well
then file a motion if you want to argue
it
but i didn't that's how you can just
so now you're saying
so i'll accept your oral motion
it's not a motion
well your
affidavit whatever it is yes
regarding the right to travel
[Music]
is denied
your honor so that the court is aware it
did speak to the defendant about this
issue with uh discovery materials and
potential exhibits yesterday via
telephone
but the people intend to file emotion
lemony based on michigan rules of
evidence 403 for exclusion of
evidence based on confusion or waste of
time
again
i haven't seen all of these documents
that he is intending to present but
once i do see them i suspect that we
will be filing motion eliminate to have
them
excluded from any discussion during
trial
well said deborah confusion and waste of
time that sums up this guy's whole
defense he shouldn't be allowed to waste
the time of the court with any of these
vexatious claims
you have 21 days to file a motion and he
has 21 days to respond
thank your honor
and mr bay you also have 21 days to file
any further motion
i know that's the affidavit i sent you
that's what it said you have 21 days to
respond to it i just responded to it i
denied it i'm advised that you have to
deny it on paper you have to send me
something in writing with some more with
samir bay on it and you have to deny me
as a national because i was traveling as
a free national
all right i'll put that in order
um march 9th doesn't work that's judge
patterson's date does march 2nd
um honestly i don't want to be i don't
want to come back to none of these
courts i really
i would i would love for y'all to um
to actually
uphold the law and not try to uphold
these statues against me
so i don't really um i don't really
choose the only reason why i'm even
showing up is because if i don't show up
you're going to send your your private
mercenaries to come get me
and i don't have time for that i have a
family to take care of so um that's the
only reason why i'm here
it's interesting you want me to uphold
the law but you don't want me to hold
the uphold the statutes
yeah no these are private mercenaries
they're uh sworn deputies and employed
by the county of saint joseph
um anyway i didn't bring these charges
mr marlby the sheriff's department or
the individual departments
filed them
um
and
the prosecutor is prosecuting
i'm gonna do this for march 2nd
2022 at 8 30.
all three cases
deborah i would just inquire was there a
plea offer
you honor
after speaking with miss
the defendant yesterday uh
the people would offer that if he were
to plead in each case to allowing
another to violate the motor vehicle
code
and
acknowledge the speeding violations we
would dismiss the remainder
i'm sorry
could you repeat that sure if you would
plead to the misdemeanor of allowing
another person to violate the motor
vehicle code
in the three open cases we would dismiss
all the driving suspended the
registration all of those but you would
also have to acknowledge the two
speeding tickets and pay the fine for
the infraction on those
he's posted quite a bit of bond i think
there might be bond money to apply but
let's talk about what that means mr babe
okay uh driving suspended is a
misdemeanor driving suspended second is
punishable by up to a year in jail
driving suspended first is punishable by
up to 93 days in jail
they both
carry two points on your driving record
and they require that your license be
suspended
this is an interesting plea offer from
the prosecutor
that kind of takes me a little bit by
surprise
she's offered to dismiss all of the
driving suspended charges
for a plea to three charges of allowing
another to violate the motor vehicle
code
it's a kind of a peculiar statute it's
under the michigan
traffic code it's found at 257.326
it's called allowing another to violate
the motor vehicle code it's punishable
by a fine of up to ninety dollars to
up to a hundred dollars
and up to 90 days in jail this is
important
it carries no points
and it does not go on your driving
record
it doesn't go on your michigan driving
record and it doesn't carry any points
i can't think of the last time i put
somebody in jail for allowing another to
violate the vehicle code but
it is punishable by up to 90 days in
jail
and then the speeding charges are civil
infractions punishable by a fine only
i'm going to put this in the order that
that's the offer it's a very interesting
offer it would resolve all of the cases
i guess you could plead as the other
would be you either
samuel mar obey allowed sammy purdue to
drive or vice versa
but it wouldn't affect your michigan
driving privileges it wouldn't go on
your driving record just got a lot of
baggage on it
your honor
yes also the people would not object to
a no contest plea
in this matter
all right that's interesting too
i think at this point she just wants to
be done with the case
because that's a really generous offer
mr
marlby
no by pleading guilty you admit that
you're guilty
by pleading no contest
you don't admit guilt
but you allow or accept that a
conviction would enter that makes this
even more interesting
you could enter a plea of no contest
saying i don't plead guilty to this
but i will allow these convictions to
enter
for the purposes of the
bargain
uh
offer
um
did you post your bonds to a surety
company
um
i believe so
all right because i i didn't know if i
had cash or not
so i'll put this in the order and i'll
put some sort of deadline in it let me
repeat that that she offers to dismiss
everything
for one count of allowing another to
violate the motor vehicle code
in each of the cases yes with three
counts
plus the two speeding counts this will
cost
money
uh unlikely to result in a jail sentence
and it would
resolve all the cases
and it would
not affect your michigan driving
privileges you could also plead no
contest
saying i don't
plead guilty but i allow or accept that
a conviction would enter
i'm going to put all this in a written
order i don't want to put your address
out here over the internet but over the
live feed but miss davis you've got his
current contact information
we do
sir the address that you gave to our
staff this week to mail out things is
that still the same address
that is correct okay then yes we will
provide that address to the court your
owner
uh i'm not going to make you make a
decision on that right now it's a very
interesting plea offer
resolves everything resolves your and my
disagreements on the right to travel
it results in all the cases being
resolved
but
nothing on your driving record other
than the speeding tickets
so you can consider that take a look at
the statue consult with people you
consult with
is he dumb enough to turn that deal down
or do you think he will realize how
sweet it is
it does sometimes look like the judge is
getting through to him
on the other hand it depends who else he
has in his ear
either way i hope he makes the right
decision
i'm still concerned that
you don't have legal counsel but we've
done fine today
you and i have been able to transact our
business in a respectful manner
and uh that's good for all of us
so i'm going to put this in a written
order you can consider the prosecutor's
plea offer which would cost money
uh but would not put anything on your
record but a couple of speeding tickets
miss davis anything else we should place
on this record
just briefly runner because of the trial
date moving up uh you had requested that
the defendant notified the court by the
25th of uh february whether or not he
would agree to join i'm just asked to
move that up a little bit too yeah move
it up to february 15th
and
the plea offer if you could
put it in the order that it's good for
two weeks from today
so it expire at 5 00 pm two weeks from
today
all right
that would be
december
16th
michigan time
yes michigan time
sir uh as far as notifying
the court or our office whether you'd
like to accept that offer you can either
call our office or call the court and
set up a plea date but please just make
sure that you make contact with us if
you're going to accept
okay
mr bae hang out you wish to place on the
record
um
i don't believe so
all right consider a no contest plea to
those three charges plus the speedings
you can contemplate that it would
certainly bring closure to all this
and uh
i'll send you a copy of the order what
we've done here today in the mail
and i will provide a copy of your
pleadings to the prosecutor
thank you
all right thank you
well that was interesting i think that
went pretty well for him apart from his
motions or affidavits being denied it
will be interesting to see if he takes
the plea deal i do still feel he will
want to take this all the way to trial
though i guess we will have to wait and
see
anyway guys thank you once again for
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