[Music] mr. DeWitt I wouldn't make any facial expressions or motions or anything you have an attorney who's capable of arguing whatever they need to argue for you and then the judge who signed the capias mister do it if you can't behave and conform well then your get will remove you okay I'm sorry your honor so um my concern is this I know [Music] good morning all right let's go with Dan you're here for mr. DeWitt yes your honor merely on behalf of mr. DeWitt okay and um Mike was he already seen on the other Oh cuz he was our award so he wouldn't okay so it wouldn't have been seen by that can you just state your name for the record yes your honor its Jeremy Charles away at your honor all right mr. DeWitt looks like you came on the docket because you have a number of out on release cases and so that's why they held you even though you were our award on the new law and so I don't know your honor the state is Mary Lynn honey Mayer for the state the state's requesting that the defendants bonds be revoked on his three prior cases how can i revoke bonds when the offense date occurred this offense state occurred afterwards your honor the defendant was arrested on September 7th 2019 when the defendant was here last time the defendant misrepresented to the court that all these offenses happen prior to the nine-seven offense date that is not the case so the first case he was arrested on was 2019 cf 1 2 7 3 3 right and he was seen by a judge on the 8th correct yes okay and then the case for 2019 C f150 5 5 the offense date for that was September 16th 2019 he hadn't been seen by it and that he was not arrested at that date but that was one the felony offense took place he was then seen by a judge when the defendant represented to the judge at initial appearance that this 20 this one 5 0 5 5 case happened before it did not happen before in this case that he's here on 20 cf-18 5 3 happened on October 1st 2019 so again after the September 7th the cases where he has been out on bond when he was seen by judge on September 8th he was on release for that and he has consistently picked up new law offenses since that September 7th date I mean I understand that I could revoke on the 19 piece I don't know how I could revoke if he hadn't been seen by a judge but so that we were this affected because the new law offenses alleged to have occurred October 1st October 1st yeah so so the state would be requesting that his bond be revoked on the one that he was out on bond or he said bonds sorry sorry okay all right because that's why I was trying to figure out what you what you meant because I don't think I can revoke on the other cases the other ones your honor the bonds can see the same but the one that he was out on bond for at the time the 2019 C F one two seven three three the C's requesting that that bond be revoked all right mister all the time do you have any argument yes your honor suit I agree with the courts analysis and was gonna raise that issue but it's been resolved so I'll pass to the next issue for me all of these cases flow from video that was taken from my client as a result of his arrest in Wyndemere we're not here to litigate that case but for the courts consideration one of the main elements of this offense that's alleged is that my client intentionally intercepted conversations and what I think it's important for the court to understand for today's purposes is this mr. DeWitt operates a business that uses body cameras those body cameras are on all of his uniformed personnel that operate these funeral escorts those body cameras are always running so in the event that law enforcement obtained these videos and is now going through systematic systematically to find what else they can potentially charge my client with what they're finding are those recordings and so the issue of intent is really what's at stake here I don't know that there's any way we're gonna get to the bottom of that today and don't expect the court to make that assessment but I think before you revoke this man's bond and keep him in jail I'd like you to at least consider the fact that that is the source of this audio and recorded phone conversations correct but any time he it's a it's a helmet cam and a body camera so anytime it's running if he makes a phone call it's gonna record it Your Honor if I may I don't believe that this was body worn camera footage that was recording in this case I have seen I have seen the audio of it it isn't from the defendants body worn camera that's my understanding so I understand what the defense is saying but that is an argument to be made not of whether or not his bond should be revoked but an argument of whether or not there's PC which has already been found essentially okay because I mean based on one of the affidavits it says that I reviewed the above-mentioned discs that they received from chief Edwards which he obtained from detective John Allen with the Windermere Police Department and the disc contained an audio file of a recorded phone conversation that took place on October 1st between a person who identified himself as the defendant a crime scene analyst and the individual looks like Gregory Faust Torino so I don't know whether mr. DeWitt I wouldn't make any facial expressions or motions or anything you have an attorney who's capable of arguing whatever they need to argue for you okay so I I don't know if it's a body camera helmet whatever is being recorded but it appears as though it's some sort of a recording of an audio file from a phone conversation so I am oh no I don't feel like I know enough about what happened but it's two sworn statements and then the judge who signed the capias mr. do it if you can't behave and conform then it will remove you okay I'm sorry so um my concern is this I know we don't know enough about it but my point is simply this these are all videos we could in this position tomorrow next week next month because they're gonna continue to review I never saw him on any other case I know that judge Carter I believed in introduced a mother judges so I don't know and so what I don't know anything about the facts of any of the underlying cases either well they all flow from this Windermere arrest so the however the audio was obtained it was obtained from my clients business records that are maintained on on his person and on every one of his employees and so my point is simply I think it's a bit disingenuous to say definitively that he's out on bond committing new law offenses when the sourcing of this is directly from the recordings that are maintained through his business so I'd rather have an opportunity to have my client out on bond where he can assist me with his defenses and to continue to represent him in that capacity than have him in custody one to his wife is how many months pregnant she's okay it's our first baby third chance she's had two miscarriages previously so there's a lot of medical issues going on at home there's a lot of stress that's related to the pregnancy the in light of the prior miscarriages so while that's not you know necessarily an issue of the lawfulness of revoking the bond I do want the court to at least be mindful of where he is and what we're trying to do mr. DeWitt has not done anything in months to do anything in opposition to the law I'm monitoring everything that we're doing on these cases and they all do have a potential issue based on what Windermere did in that first case which will be litigating but it's going to take time and money and effort to do those things and the none of those things are going to happen if he's in jail so I really need him to be out all right any last argument your honor the state's argument is that the defendant has violated his conditions of pretrial release and that there are no conditions of release I can reasonably protect the community from risk to physical harm a person's the defendant is continuing to be risk to the community his business practice continues to be a risk to the community the defendant is consistently picking up felony charges while out on bond the defendants bond should be revoked for those reasons okay so you can file a motion to revoke pond and let the trial division determine that but I'm not gonna revoke his bond today and so you have motions that you can file but I'm not going to revoke the bond based on the affidavits and because I really don't know where the information came from and when it came from and in the end I just don't feel comfortable to doing that because I don't know enough so but you have the opportunity to file any appropriate motions in the trial division and looks like the only case that the bond could be revoked on would be the 19th yeah 1 2 7 3 3 based on the dates of the offense possibly the one in Osceola County which I'm not gonna take any action on that either that's 2019 cf3 9 to 8 so it looks like there's two cases that possible that a bond could be revoked on but I'm not gonna take any action today okay yeah sure thank you thank you very much [Music] all right good morning tell me your name please yeah it's O'Neill bias all right mr. Baez you're here in 2020 cf-19 for 2a oh you're arrested for possession of cannabis with intent to sell or deliver possession of cannabis more than 20 grams I do find probable cause I'll appoint the public defender no drugs or alcohol without a valid prescription I am gonna stay the bond at a thousand on count one