March 23, 2022 • 34 mins
Today we welcome a woman hosed by a system that puts the interests of Judges before the interests of the public. This story will outrage you and serve as a call to appoint Judges based upon merit & without political affiliation.
Jane recovered from this sentencing nightmare and currently operates a successful business. Time to take political influences out of the process so that all of us as citizens are treated fairly.
If you are sick of someone’s shit, let us know here.
I need to give a shout out to my client and friend Murphy from American Idol who provides our theme music.
Copyright 2025 Bret Adams
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
(00:08):
Sat down.
You know, by myself.
Bret Adams: Just like you do. (00:13):
undefined
Welcome to lawyers, your assholes.
I'm your host, Brett Adams, a lawyer, I should say, a
recovering lawyer who found a platform to address a broken
legal system. This is where we call out incompetent and
unscrupulous lawyers, prosecutors and judges.
Anyone that touches the legal system, we're coming after
you if you're an asshole.
Today's guest is Jane Doe.
(00:34):
And obviously, that is not her real name.
But we've taken a lot of criticism because our first few
podcasts are involved, celebrities and well-known people.
And. And the criticism is, why don't you have the average
person that is here dealing with the legal system?
And we have that today.
And you're going to hear a story that is really it's really
(00:56):
hard to believe what Jane Doe went through, but it turned
out very well because she is a very successful entrepreneur
at this point in her career.
And and we're going to talk about a judge that was more
concerned about his re-election chances than he was and
doing the right thing and administering a sentence that
that should have been probation instead of prison time.
(01:16):
So stay tuned.
So turn into the asshole of the week.
This is this is incredible, this incredible story.
But the asshole of the week is the Harris County
prosecuting attorney in Houston, Texas.
Who am I talking about?
The subject matter. The subject matter is Deshaun Watson
for you non-sports fan.
Deshaun Watson is the quarterback that just got traded to
(01:39):
the Cleveland Browns after 22 allegations, again,
allegations of sexual assault.
And his lawyer, Deshaun lawyer had said when asked about the
22, said that all of them were lying.
Now, I'm a lawyer a long time, and if there are 22 women
that come forward, they ain't all lying.
(02:01):
But but he was just a week ago cleared went to grand jury
case was taken to the grand jury.
Here's why. That prosecutor is an absolute asshole.
Now, we don't know if the 22 women that accused him of
inappropriate sexual conduct, if it rises to the level of
criminal conduct, there's a leap there.
(02:22):
But here's why.
This prosecutor now, we don't know his name because they
want to keep it so secret, which will do multiple shows on
grand jury process and how corrupt it is.
But USA Today and The New York Times reported that while
several women who made complaints against Deshaun Watson
were in the courtroom and ready to testify, prosecutors
(02:44):
only called one person before the grand jury.
Now, if you have 22 women and you only call one person and
that grand jury doesn't indict him, it could be because
that prosecutor presented a bad witness.
And the reason that this bothers me because it wasn't
(03:06):
fairly adjudicated is that the Times reported that the
police investigation group said that seven or that ten of
the women who were called were credible.
Their complaints were credible and reliable.
So and the report said and this was in the Times and it's
(03:27):
accurate. It's not being indicted is not a declaration or
even an indication of innocence, legal or factual.
More often, it's reflection of whether a prosecutor wants
to equally pursue a case in cases involving gender violence
are rarely reported and even more rarely prosecuted.
So the unknown prosecutor is the absolute asshole of the
(03:50):
week because we don't know.
I mean, if you call one witness and you subpoena ten, do
you think that two or three other women may have been
credible to that grand jury now instead he gets picked up
and that's a whole different discussion.
But you know why why the Cleveland Browns would take a guy
with this kind of baggage.
(04:10):
It's just it's inconceivable.
And just why would you do this?
And Stacey Mackay is a local radio personality.
Her social media said it best.
I mean, it was two words. It was by Browns, because I don't
know how that you can be a fan or a female, for that
matter, that is accepting of a guy that's been accused by
(04:33):
22 separate women.
So you.
Harris County prosecutor, unknown prosecutor are the
asshole of the week.
Welcome. Welcome Jane Doe to lawyers, our assholes.
And as I previously indicated, we're we're using Jane Doe
because you have a very successful business career now and
we're going to talk about what you went through as a normal
(04:55):
person. We addressed the criticism that we didn't have
normal people on.
Lawyers are assholes and you're a very normal person.
Jane Doe: I don't know so much normal, but thanks. (05:01):
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Bret Adams: But we met through some mutual friends and I heard about (05:04):
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your story because I actually and I'm going to talk about
my experience with this with this particular judge as well.
But it's really when I when I tell people this story, they
can't they can't believe it.
So I'm going to let you tell the story.
(05:26):
Walk us through how this how this happened, what you got
charged with.
It was kind of a bogus charge anyway, but how you paid the
money back. So go ahead and tell your story, Jane.
Jane Doe: Okay. This was it all started back in 2004, 2005, I think it (05:36):
undefined
was the end of 2004.
And I had been working in the health care field as a home
care aide, and I was starting my own, starting on my own,
not through an agency or anything.
(05:57):
And I had a mutual friend who said that they had a friend
of theirs that had MMS, and she needed some help and wanted
a private person to come in.
So I started working with her and probably a year later
she, her and I got into a little altercation about a mouse
(06:19):
in a trap. I didn't want to get the mouse and trap butt and
throw it out, but that's what started it and it kind of
escalated from there.
And she was already upset with me about that, but I was at
the same time going through a really difficult divorce.
I had six little kids all under ten years old, and I my
(06:43):
husband had left. I had gotten into a predicament where our
lights were getting turned off.
And there were there were a bunch of other things that were
going on. But I was a signer on this client of mine's
credit card, and I made a bad choice.
Instead of asking her if I could turn my lights back on and
pay my water bill, I used her card without her permission,
(07:06):
even though I was a signer on the card, but I felt really
bad about it.
She had looked at her credit card statement because we
couldn't find the credit card after this.
I always had it in my possession.
She sent me to the store and I couldn't find it.
When she pulled it up, she pulled the statement up in front
of me and it had all kinds of charges for like fast food
(07:30):
and restaurants and, you know, different kinds of stores
that I knew that I didn't use that card for.
And they just happened to be stores and restaurants all
around my address.
And so she asked me about them and I told her the truth
about the the utility bills and.
Bret Adams: And how much how much money are we talking about? (07:48):
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How much were the utility bills?
Jane Doe: It was about $425. (07:52):
undefined
Okay. And so I immediately the next day went and got a
money order, took it to her.
She told me she no longer wanted me there at the house, but
I gave her the money anyway and I told her, I'm sorry.
You know, here's for the utilities that I paid.
I should have just asked you.
Bret Adams: So even though even though you made a bad decision, you you (08:10):
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paid the money back?
Yes. Immediately.
And you got terminated and.
And you moved on.
Jane Doe: Yes. Right. And then about six months later, I had a knock (08:19):
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at my door and I was arrested on felony theft charges.
Bret Adams: Okay. Now, you had no criminal record before you. (08:29):
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No major criminal record.
Jane Doe: No major criminal. (08:35):
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Bret Adams: Traffic, stupid stuff, nothing. (08:37):
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No theft related offenses, nothing serious that wouldn't
which we're going to get to, wouldn't make you eligible as
a first time offender for probation, especially with six
small children. So you get charged at that point and then
you go secure a lawyer.
Jane Doe: Yes. (08:58):
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Bret Adams: And we give shout outs and good lawyers. (08:58):
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So. So this word was a good this was a good lawyer.
Jane Doe: He I was I had gone with one lawyer and then another friend (09:05):
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kid me and said, hey, I think that you need to call Mark
Collins. So I called Mark Collins and ended up securing him
as my lawyer from there forward.
Bret Adams: So then what happens? (09:17):
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Explain the process. You have a pretrial, you went to
court.
Speaker2: You well, I wiped out my savings, first of all, to retain (09:23):
undefined
him and, you know, had to get help from from family and
things like that. So in the meantime, in that six months, I
had started another job that I was doing very well in and I
started like this savings account for my kids and.
You know, I just was really trying to stay focused.
I had a great opportunity in front of me.
(09:44):
And I just my family also had like a college account for my
kids and we just had to take everything out of those two.
I mean, he's not he's not cheap, but he's good and that's
why. Right.
So he just told me that I think we have a case here, you.
Speaker1: Know, because initially you were going to defend it on the (10:03):
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facts. You weren't just going to go in and cut a deal.
You.
Speaker2: Right. Because he said it was not a felony. (10:08):
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$400 is not considered a felony.
Speaker1: Well, absolutely right. (10:13):
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Not here in Ohio.
So as as usual, a prosecutor over charges everybody.
So his original intent was to was to either leverage a plea
or to actually defend it as a misdemeanor.
Speaker2: Well, they also charged me with taking identity of another. (10:30):
undefined
So it was way overcharged.
And he was like, this is not taking I signed my own name.
I was a signer.
Right. You know, it was my utilities.
And, you know, it wasn't like I was taking her identity and
pretending to be her.
So already it was overcharged there.
And then he said that it was overcharged being a felony in
(10:52):
general. And even if I was found guilty and I'm 18.
Speaker1: Months. (10:55):
undefined
Speaker2: Well, you know, it was a little over the two years. (10:56):
undefined
And then he filed judicial release and and the judge did
let me out and they said this is only the third one he's
done and and, you know, X amount of years.
So they were surprised.
But he did let me out a little early.
Speaker1: And then my guess is those are six year terms. (11:13):
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It was probably after he was after he was elected.
Speaker2: It was. (11:20):
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Speaker1: Yes. Yeah. So he didn't have he didn't have that same (11:20):
undefined
pressure on him at that point.
But but I don't know.
This was one of the reasons.
I'm not sure. I mean, I got approached early on in my
career to run for judge 100 times, and I didn't want to I
didn't want to do it. I mean, knock on wood, I was really
(11:41):
having some success when I was doing and I didn't want to
take a pay cut to be to be a judge.
But I've always been and I just don't know that if I'm
looking at you and I see these facts.
Well, I know, I know I would not have put myself or my
being reelected over you and put you in prison with six
kids. I mean, I couldn't I couldn't do it based on the
(12:03):
facts. I couldn't have made that made that decision.
But but you look at him, this guy can't this guy was never
going to be able to practice law outside of being a judge.
I mean, that's why they fight so hard for re-election and
stay in that position because they can't go out and
practice. I mean, they're either not they don't have the
intellect or the work ethic.
And and they'd rather have that state job with press to be
(12:26):
to be the judge.
So you serve the time you you you got out.
And again, I'll say it the second, third, fourth time you
you committed a crime and you admitted it, you paid for it.
But 20 months in in an actual prison, I think is pretty
excessive. What effect did that have on on your family?
Speaker2: I mean I mean, my kids suffered the most. (12:46):
undefined
You know, I.
I kind of just took that time to reflect on me and become a
better person during that time.
And, you know, I had had children super young and had a lot
of them. And so that was the first time I think I'd ever
been by myself, you know.
And but it was it was torture missing them.
(13:08):
And they all really went through their own individual.
You know, they all suffered.
And still to this day, there are repercussions of that.
You know, I still see things that I know, you know, and and
they still will say sometimes they're angry or, you know,
and they're adults now, all except my youngest.
(13:30):
And he even, you know, will say, well, I remember bits and
pieces of you not being there or, you know, and but it
really, my older kids, it really, really affected them.
I mean, their school and, you know, their decision making
and just, you know, I was always their their prime parent.
That was 100% always there.
(13:51):
And so them taking me from them, it created six more
problems, right.
You know, of.
And they nobody considered that.
Speaker1: Right. Right. (14:00):
undefined
With all that tragedy, though, I mean, I can attest,
knowing you, I mean, you've got a great career now and the
kids are all doing great.
So you really you turn this around into a real, real
positive. But that's not your only experience with and this
(14:21):
is this is actually it's it's really kind of funny.
Speaker2: It is now. (14:25):
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Speaker1: It is now. But the second issue, you know, you weren't (14:26):
undefined
convicted a crime, you weren't charged, you didn't steal
anything. It's just completely different.
But we talked about it on a on a actually talking about on
another episode of In Class Actions.
But you got a letter last week when we talked about you
being on, on the podcast.
Speaker2: So in 2014, my daughter and this goes along with me saying (14:45):
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there were major issues.
I mean, even after I got home, they they really, you know,
started rebelling and against me.
And so I took my daughter's phone.
She was in trouble. And I told her, you're not getting your
cell phone for a week.
And I think she had missed school or something.
(15:07):
And so she was really upset and spit on me, which is to
this day, you know, she says, Mom, I'm still to this day so
sorry. And she's in her twenties now.
But how old.
Speaker1: Was she. (15:18):
undefined
Speaker2: Then? She was 14, I believe. (15:19):
undefined
Yeah. And 14 or 15.
But she, I, she grabbed my phone from me because I had my
phone in my hand and I had like we were by my bed and I
kind of like pushed her on to my bed to get my, my phone
back. And she ended up calling the police, you know, once
(15:42):
things I thought settled down and the police showed up at
the door and they charged me with domestic violence with
DV, which was so crazy because she had filled out a
statement. And I knew they told me in the car that she had
filled out a statement that said, yes, my mom forcibly took
my phone, so I forcibly took hers.
(16:03):
And yes, I spit in her face and actually was spit right in
my eye. So anyway, I had retained another lawyer and they
said we, I said, I am fighting this like to the end, I've
learned my lesson. You know what charges before and I'm not
accepting this.
Speaker1: But she dropped the charge. (16:20):
undefined
Speaker2: Well, no, she didn't. (16:21):
undefined
The prosecutor saw it.
And before I even I never even went to court for it.
They called my lawyer and said, yeah, we read the
daughter's statement and, you know, we're throwing this out
in the mean so.
I received a letter and it said to.
Speaker1: Back up one set back 1/2. (16:38):
undefined
So that so that listen, most people, their 14 year old kid
spits in the eye.
Speaker2: Yeah. (16:46):
undefined
Speaker1: I don't know what I do. I mean, I, I mean, I decide probably (16:47):
undefined
smack upside the head, never, never hit a child.
But whether you grabbed her, that's not what we're talking
about today, because this was this was over with.
Speaker2: This was this was this is this was in 2014, like years ago. (16:58):
undefined
Speaker1: And the prosecutor dismissed it. (17:02):
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Yes. And then you get a letter last week that says.
Speaker2: It said that in 2014 that I was named in a lawsuit because (17:07):
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the the county that I was in took pictures of tattoos that
were in a private area.
So if you have a tattoo like it's below your pelvic bone or
(17:27):
on your buttocks or or your breast then or near your
breasts then it was considered a private area.
And I was named in this lawsuit.
And if I went.
Speaker1: No, no, no name does a defendant. (17:35):
undefined
Speaker2: You're the plaintiff? No, no, no. (17:37):
undefined
Speaker1: Class action. So it was a class action lawsuit? (17:38):
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Speaker2: Yes. (17:40):
undefined
Speaker1: There was filed against the county. (17:41):
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Yes. And they want to pay you.
Speaker2: And it's millions of dollars, this lawsuit. (17:46):
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And so they said they wanted to pay me.
I would be paid to in excess of 2000, so it would be more
than $2,000.
And it said, if I didn't want to be named in this, I could
actually go after them myself.
I just had to fill out this paperwork and said.
Speaker1: We're going to well, we're going to get you a lawyer. (18:06):
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You're going to go after me yourself, because I read that
the actual class plaintiff, the name plaintiffs getting
50,000 and then the rest of you are getting 2000 and the
lawyers are getting $833,000.
Speaker2: Yeah, it was almost a million. (18:22):
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Speaker1: Yeah. So so you obviously you have a tattoo because they (18:23):
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took pictures of.
Speaker2: It, right? Yeah, I have one then. (18:27):
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Speaker1: So what happened in the this happened in the jail and how (18:29):
undefined
did they explain it to you?
Speaker2: What they just basically said that I was one of these these (18:34):
undefined
women that were in the system with a picture of a tattoo
that was on a private area.
Right. And so and I have one, you know, on my chest that
isn't. Like.
I mean, it's. It's not like you can see anything, but, you
(18:54):
know, just my like.
So did you get a bone?
Speaker1: So did they make they make you undressed? (18:57):
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Uncover to take a picture.
Speaker2: Did you did and it was I guess it was against our, our (19:00):
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rights to take a picture for a misdemeanor, for them to ask
us to undress and take pictures of tattoos.
Speaker1: Okay. So this was something that the the Marine jail keepers (19:11):
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thought was pretty cool.
So they would so they took the picture.
Speaker2: Yeah. And it wasn't a female. (19:19):
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I remember this because I thought it was so strange that
they were doing that.
Speaker1: To me, it was not a. (19:25):
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Speaker2: Female that was male. (19:25):
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Speaker1: And so they they asked you if you had any tattoos and you (19:28):
undefined
said, yeah. And you said, We're out.
You sit here. And they said, take your.
Speaker2: Yeah, we need a picture of it. (19:34):
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Speaker1: Wow. (19:35):
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Speaker2: Wow. Yeah. (19:37):
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Speaker1: Okay. (19:38):
undefined
Speaker2: So that, that was. (19:38):
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Speaker1: Okay. (19:41):
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Speaker2: Well, that was a surprise. (19:42):
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Okay.
Speaker1: Well, we're going to get you a lawyer who specializes in (19:43):
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that area. And it's incredible.
Two and a half billion dollars, two and a half million
dollars settlement. Lawyers get 833, lead, plaintiff gets
50. Really be interested to find out what what happened to
her to get 50.
And of course, she put her name on it, which usually those
class action main plaintiffs get a little bit more money.
(20:05):
But there's a big difference between 50 grand and and two
grand.
Speaker2: So but and then it also said they were giving them three (20:10):
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years to destroy all the photos, which I thought was a
really long time.
Speaker1: So they're going to hang on to it for three years. (20:20):
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My guess is they're probably keeping them for the people
that opt out of the class and go after him.
I mean, there could be could be a reason for that.
But but anyway, so I really appreciate you coming in and
telling your story because I, I think this is this is what
we're trying to do with the podcast.
We're trying to bring out crazy situations, crazy
(20:41):
situations like this.
And even if, you know, you go back and even if the judge
thought you deserved incarceration and I've just seen the
judge, would you do the county jail for 30 days, but a
three year sentence on this amount of money in these.
Speaker2: And ran consecutive not. (20:57):
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Speaker1: Concurrent which is even worse which is which is insane. (20:58):
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But I think people hearing this, you know, they'll pay
attention they'll pay attention to this.
You know, this judge, obviously, he's not hurting anybody
anymore. But that's what this guy did.
I mean, he was he was not well respected would be the
grossest understatement that I could say in my experience
(21:20):
with him personally and my opinion is and expressed by
other other people.
But I really appreciate you telling this story, and I want
you to do it because I think people need to hear it.
They need to hear the fallacies in our judicial system, and
especially with elected judges that made this decision to
send you down the river, as opposed to, I mean, being
(21:42):
concerned about his own.
Speaker2: Thank you for having me. (21:43):
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I appreciate.
Speaker1: It. Thank you. Thank you for coming. (21:45):
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To now to to Brett's rant.
And you heard.
Speaker2: This misdemeanor for $400. (21:50):
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I paid her back. And, you know, it was still a misdemeanor
level.
Speaker1: So, again, you paid her back before the charges. (21:56):
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I mean, were even anticipated right at that point.
I mean.
Speaker2: I had no idea that that that she had intentions on doing (22:00):
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that.
Speaker1: Well, obviously, yeah. Obviously she made the effort to go (22:05):
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file file the charges against you at that point.
So then then you decide you get a plea offer and explain
what happened.
Speaker2: Well, this was 20, 20 months later, so almost two years (22:17):
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later. So we fought this and it just strung out and strung
on. I mean, it was just too stressful.
Yeah, right.
Speaker1: Extremely possible felonies over your head is stressful for (22:27):
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anybody.
Speaker2: That was one of the which is. (22:31):
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Speaker1: Again, another screwed up part of this legal system on how (22:33):
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long anything takes criminal or civil.
But yeah.
So you're at the point that you get a a an offer.
Speaker2: Yes. So they dropped obviously. (22:44):
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Well, they had dropped the charges altogether because they
the judge said, this is you, you are overcharging.
And there was no taking the identity of anybody here.
So they dropped an I thought all that it was going to go
away. And then a month after that, they ended up recharging
me with a felony, just theft and forgery.
(23:07):
Okay. So it was, I believe, a four and a five, four and a
five. And they so they rearrested me and it started all
over again. But he still you know, Marc still said, you
know, we can still beat this.
You're not on cameras in stores or restaurants.
This isn't you.
After we, you know, got discovery and things.
So then they came to Mark and said, we want to offer her a
(23:32):
plea deal, the the prosecutor and said three years
probation. I mean, basically, that was it.
And he said, you know, you're not a drug addict.
I don't think you're going have any problems with this.
They're not going to you know, it'll be easy to get off of
that paper.
Speaker1: So the prosecutor specifically was recommending probation, I (23:50):
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mean, which they would do in that case.
I mean, I've never I mean, I can't imagine with no prior
thefts. No, this would not be an automatic probation.
Right. It's just it's inconceivable.
So you you get assigned a judge named Richard Short, who is
(24:15):
now deceased, and actually because he is deceased.
And I don't really want to pound on some of these family
that's not that's out of here.
So I'm going to hold back a little bit on on what I really
think about or thought about him.
But you go to court and you do the plea agreement thinking
that you're going to walk out of the courtroom on, on and
again. And until the listeners nobody and you very upfront
(24:37):
with it, nobody's nobody's defending you made a bad
decision and you should have paid a price.
But my argument, and I think most of society's argument is
this punishment didn't fit the crime.
So getting ahead of myself.
So what? So what happened in the.
Speaker2: Well, I will say to you, I didn't know any better. (24:51):
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I mean, I didn't know how the system worked.
And I just was, you know, kind of just following whatever
Mark told me to do.
Speaker1: But you had a competent lawyer telling you. (24:59):
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Yeah, because we're going we'll get to him later.
And what? Because obviously he felt really bad about what
happened, but he believed he wasn't going to say, Jane, you
make this plea agreement, this is what is going to happen.
I mean, I've been in those situations.
I've been in situations where I where I've done a deal and
I'll tell the client, this is 99.9% of what's going to
(25:22):
happen. I can't absolutely guarantee it.
Speaker2: You know. Well, he Mark did not tell me that, though I had (25:23):
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no idea. I thought a plea agreement was an agreement that
was a done deal.
I had no idea that if the prosecutor and the defendant and
the lawyer agreed on something, that the judge could go
against that, right? I was yeah, I was never informed of
that. So my family was telling me, no, don't don't take
(25:44):
that like you're going to have a record and you know, this
is going to fall you in.
Speaker1: Well, they were more concerned about the record, right? (25:47):
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They never thought you were going to go to prison.
Speaker2: No, no, heavens, no, no, never. (25:51):
undefined
And so I had a babysitter at home, and I right before I
walked out the door, I laid a roast out to death all on the
counter. Like I told her, I would be home in a couple of
hours. And I had just made the decision to follow the
guidance of Mark because I was so stressed out.
(26:11):
I mean, it was this is just something that hung over my
head. It was hard for me sometimes to even, you know, get
through my days without being super emotional and stressed
out. So I'm like, I'm just ready to get this over with.
I'll deal with the consequence of having a record later.
You know, hopefully this career that I'm in now that I'm
doing well and well, you know, I'll go somewhere and I
don't even have to worry about it.
(26:32):
So I get there and he tells me before the judge even starts
talking, he says if he, you know, imposes a sentence, don't
freak out because at the end he can say sentence suspended,
you know.
Speaker1: Right. (26:48):
undefined
Speaker2: And that's not amount of hours for community service in (26:48):
undefined
three years.
Speaker1: That's not unusual for listeners that for for a judge to (26:51):
undefined
impose even even incarceration, but suspend it, that's not
unusual at all.
And that's why he was telling you not to freak out.
Right. Just to be prepared for it.
And you are. So he so.
Speaker2: He said two years than I think it was. (27:05):
undefined
Oh, nine months, two years and nine months, maybe a little
bit longer. No, I think it was three years.
That's what it was, three years and nine months because I
freaked out anyways.
And I kept looking at Mark and waiting for him to say, you
know, sentence suspended and that never came.
(27:27):
The next thing I know, they're putting me in handcuffs and
taking me to the back and I had no idea as to what was
going on. Mark came back and I said, Why did you tell me to
plead if they're putting me in prison for, you know, three
years? I mean, they maxed me out, right, for for those two
to charges.
And because I said guilty, because I thought I was getting
probation, then I was found guilty on both of them.
(27:48):
So he max me out on both charges.
Speaker1: Well, with the facts, you should have gotten probation and (27:51):
undefined
most people wouldn't even got probation.
Now, I know because I know the facts.
I know part of the reason that you didn't, because we've
got a we've got a judge that's running for re-election.
And in the courtroom is Andrea Cameron, who I love, who
actually a I mean, she's a friend.
She she's no longer in this market.
(28:12):
But she was the lead, probably the most recognized news
anchor in Columbus.
And the victim here was was a relative.
Andrew was a Andrew Cameron was a relative of the person.
And this judge was about to risk giving you what you should
have gotten, which was a sentence hanging over your head
(28:34):
and probation, which would be what 99% of all population
would get. And it's clear to me that that is what happened.
And then I think your lawyer later kind of verified that
because he was just as in shock as you were.
Speaker2: Right. And I think Andrew was a friend of the person that (28:50):
undefined
was in charge of my client's estate if she passed away.
Speaker1: So but there. (28:58):
undefined
Speaker2: Was somebody that was like a mutual friendship. (28:59):
undefined
Speaker1: There. There was some relationship there. (29:01):
undefined
And she's sitting in the yes.
In the courtroom. And there's no no, no aspersion against
her. She's there defending her friend.
But it goes back to which we're going to talk about in my
in my rant at the conclusion of the interview, which is
this is why in Ohio that we cannot we cannot elect judges,
(29:22):
because this guy was afraid, afraid of his own shadow.
And again, he is deceased.
But I will I will tell you this.
And my I don't know, a lawyer that ever had any dealings
with him, that ever had a good thing to say about him.
I had my own personal experience, which I'll interject here
real quick, is that I was actually a party, a plaintiff in
(29:43):
a in a case where he actually ruled in my favor initially.
And we had had some disagreements in the courtroom, and we
went back into chambers.
And he says to me, and I've got two lawyers, the other
side's got two ladies, there's five or six lawyers in
there. And and he says, Mr.
(30:03):
Adams, he goes, he goes, You think you're the smartest
person in this courthouse, don't you?
And I said, Well, Judge, I don't know about the smartest
guy in the whole courthouse, but I know I'm the smartest
one in this room now.
No lawyer, I'm telling you.
And I wasn't. He was such a dick when he said it that my
response was appropriate.
(30:24):
Now, the problem is, is that most lawyers don't have the
balls to stand up and defend themselves like I did.
Now, he didn't say he didn't say a word.
Now, I think he's probably shocked.
I know that my lawyer was was out of his mind because he
told me afterwards, he goes, I can't I can't I can't
believe you said I can't believe you said.
I said, well, it was appropriate.
I mean, he came after me, all right?
(30:44):
And but that's just the way it was.
He was just an elitist, arrogant asshole.
And it obviously hurt you because you got a sentence that
was based on him getting reelected.
So he put his interest ahead of yours, which and it happens
in states where judges are elected all the time.
(31:05):
All the time.
Speaker2: And it's I didn't even know that at the time. (31:06):
undefined
I had no idea.
I mean, I didn't even keep up with things like that who was
being, you know, up for election as far as our judges and
things like that. But, you know, Mark, I know was in shock,
too. He kept saying, you know, Wolf, how judicial.
But he did warn me, too.
I will say that he said I'm going to tell you right now,
(31:27):
this is probably one of the worst judges that you could
have got. Not that he was saying he was a judge.
He was saying one of the toughest.
Yeah, he was. He said, you bet.
We could have gotten a better chance with another judge,
but.
Speaker1: You could have gotten a better draw because he was he was a (31:39):
undefined
harsh, harsh guy.
You know, again, it goes back to.
Speaker2: And he doesn't give judicial. (31:47):
undefined
He told me that he said he doesn't normally give judicial,
but we will file.
And he sent me a letter that was in June.
And in July, remember on July 14th, he had sent me a letter
in prison or in jail.
I hadn't been transferred yet and said that he was
(32:09):
surprised as I was.
He was he actually apologized and said, I am so sorry that
this happened. This is not what we agreed as a group with
the prosecutor. And he made it sound like the prosecutor
judge him. He said, you know, I will file your judicial for
free. You know, I'm not going to charge you anymore.
And but, you know, he normally does not.
I'm telling you, just so you don't get your hopes up.
(32:30):
He normally does not give judicial.
Speaker1: Cause for the listeners. (32:32):
undefined
Judicial release is if you spend 30 days in.
Well, the reality is that anybody that's ever been in jail,
you don't need more than a week to show that.
How severe a shock it is.
I mean, let alone you served actually 18.
Every day story.
If this doesn't give pause to everybody, at least in the
(32:52):
state of Ohio or any state that elects judges, this one
should, because this was a prime example of a judge more
concerned about his own reelection than having a famous
news person in the room related to the victim.
And he wasn't about to do what he should have done given
the amount of money involved.
(33:13):
I mean, even if there's another factor there, I mean, 30
days in the county but but not three years prison.
I mean, this this guy was should be a poster child for
electing judges in the state of Ohio because it's
outrageous. I mean, fortunately, she's really come back and
done well for herself, but it could have turned out
(33:33):
completely different.
It could have been a disaster for everybody involved.
But damn it, just really focused folks focus on on getting
judges that are competent, intelligent, compassionate, with
a little bit of empathy.
There was no empathy involved here.
This was this was I'm worried about my own skin and getting
getting reelected.
(33:54):
And that's bullshit.
And this judge sure was an asshole.
Thank you for listening to lawyers for assholes.
Sat down.
You know, by myself.
Bret Adams: Just like you do. (00:13):
undefined
Welcome to lawyers, your assholes.
I'm your host, Brett Adams, a lawyer, I should say, a
recovering lawyer who found a platform to address a broken
legal system. This is where we call out incompetent and
unscrupulous lawyers, prosecutors and judges.
Anyone that touches the legal system, we're coming after
you if you're an asshole.
Today's guest is Jane Doe.
(00:34):
And obviously, that is not her real name.
But we've taken a lot of criticism because our first few
podcasts are involved, celebrities and well-known people.
And. And the criticism is, why don't you have the average
person that is here dealing with the legal system?
And we have that today.
And you're going to hear a story that is really it's really
(00:56):
hard to believe what Jane Doe went through, but it turned
out very well because she is a very successful entrepreneur
at this point in her career.
And and we're going to talk about a judge that was more
concerned about his re-election chances than he was and
doing the right thing and administering a sentence that
that should have been probation instead of prison time.
(01:16):
So stay tuned.
So turn into the asshole of the week.
This is this is incredible, this incredible story.
But the asshole of the week is the Harris County
prosecuting attorney in Houston, Texas.
Who am I talking about?
The subject matter. The subject matter is Deshaun Watson
for you non-sports fan.
Deshaun Watson is the quarterback that just got traded to
(01:39):
the Cleveland Browns after 22 allegations, again,
allegations of sexual assault.
And his lawyer, Deshaun lawyer had said when asked about the
22, said that all of them were lying.
Now, I'm a lawyer a long time, and if there are 22 women
that come forward, they ain't all lying.
(02:01):
But but he was just a week ago cleared went to grand jury
case was taken to the grand jury.
Here's why. That prosecutor is an absolute asshole.
Now, we don't know if the 22 women that accused him of
inappropriate sexual conduct, if it rises to the level of
criminal conduct, there's a leap there.
(02:22):
But here's why.
This prosecutor now, we don't know his name because they
want to keep it so secret, which will do multiple shows on
grand jury process and how corrupt it is.
But USA Today and The New York Times reported that while
several women who made complaints against Deshaun Watson
were in the courtroom and ready to testify, prosecutors
(02:44):
only called one person before the grand jury.
Now, if you have 22 women and you only call one person and
that grand jury doesn't indict him, it could be because
that prosecutor presented a bad witness.
And the reason that this bothers me because it wasn't
(03:06):
fairly adjudicated is that the Times reported that the
police investigation group said that seven or that ten of
the women who were called were credible.
Their complaints were credible and reliable.
So and the report said and this was in the Times and it's
(03:27):
accurate. It's not being indicted is not a declaration or
even an indication of innocence, legal or factual.
More often, it's reflection of whether a prosecutor wants
to equally pursue a case in cases involving gender violence
are rarely reported and even more rarely prosecuted.
So the unknown prosecutor is the absolute asshole of the
(03:50):
week because we don't know.
I mean, if you call one witness and you subpoena ten, do
you think that two or three other women may have been
credible to that grand jury now instead he gets picked up
and that's a whole different discussion.
But you know why why the Cleveland Browns would take a guy
with this kind of baggage.
(04:10):
It's just it's inconceivable.
And just why would you do this?
And Stacey Mackay is a local radio personality.
Her social media said it best.
I mean, it was two words. It was by Browns, because I don't
know how that you can be a fan or a female, for that
matter, that is accepting of a guy that's been accused by
(04:33):
22 separate women.
So you.
Harris County prosecutor, unknown prosecutor are the
asshole of the week.
Welcome. Welcome Jane Doe to lawyers, our assholes.
And as I previously indicated, we're we're using Jane Doe
because you have a very successful business career now and
we're going to talk about what you went through as a normal
(04:55):
person. We addressed the criticism that we didn't have
normal people on.
Lawyers are assholes and you're a very normal person.
Jane Doe: I don't know so much normal, but thanks. (05:01):
undefined
Bret Adams: But we met through some mutual friends and I heard about (05:04):
undefined
your story because I actually and I'm going to talk about
my experience with this with this particular judge as well.
But it's really when I when I tell people this story, they
can't they can't believe it.
So I'm going to let you tell the story.
(05:26):
Walk us through how this how this happened, what you got
charged with.
It was kind of a bogus charge anyway, but how you paid the
money back. So go ahead and tell your story, Jane.
Jane Doe: Okay. This was it all started back in 2004, 2005, I think it (05:36):
undefined
was the end of 2004.
And I had been working in the health care field as a home
care aide, and I was starting my own, starting on my own,
not through an agency or anything.
(05:57):
And I had a mutual friend who said that they had a friend
of theirs that had MMS, and she needed some help and wanted
a private person to come in.
So I started working with her and probably a year later
she, her and I got into a little altercation about a mouse
(06:19):
in a trap. I didn't want to get the mouse and trap butt and
throw it out, but that's what started it and it kind of
escalated from there.
And she was already upset with me about that, but I was at
the same time going through a really difficult divorce.
I had six little kids all under ten years old, and I my
(06:43):
husband had left. I had gotten into a predicament where our
lights were getting turned off.
And there were there were a bunch of other things that were
going on. But I was a signer on this client of mine's
credit card, and I made a bad choice.
Instead of asking her if I could turn my lights back on and
pay my water bill, I used her card without her permission,
(07:06):
even though I was a signer on the card, but I felt really
bad about it.
She had looked at her credit card statement because we
couldn't find the credit card after this.
I always had it in my possession.
She sent me to the store and I couldn't find it.
When she pulled it up, she pulled the statement up in front
of me and it had all kinds of charges for like fast food
(07:30):
and restaurants and, you know, different kinds of stores
that I knew that I didn't use that card for.
And they just happened to be stores and restaurants all
around my address.
And so she asked me about them and I told her the truth
about the the utility bills and.
Bret Adams: And how much how much money are we talking about? (07:48):
undefined
How much were the utility bills?
Jane Doe: It was about $425. (07:52):
undefined
Okay. And so I immediately the next day went and got a
money order, took it to her.
She told me she no longer wanted me there at the house, but
I gave her the money anyway and I told her, I'm sorry.
You know, here's for the utilities that I paid.
I should have just asked you.
Bret Adams: So even though even though you made a bad decision, you you (08:10):
undefined
paid the money back?
Yes. Immediately.
And you got terminated and.
And you moved on.
Jane Doe: Yes. Right. And then about six months later, I had a knock (08:19):
undefined
at my door and I was arrested on felony theft charges.
Bret Adams: Okay. Now, you had no criminal record before you. (08:29):
undefined
No major criminal record.
Jane Doe: No major criminal. (08:35):
undefined
Bret Adams: Traffic, stupid stuff, nothing. (08:37):
undefined
No theft related offenses, nothing serious that wouldn't
which we're going to get to, wouldn't make you eligible as
a first time offender for probation, especially with six
small children. So you get charged at that point and then
you go secure a lawyer.
Jane Doe: Yes. (08:58):
undefined
Bret Adams: And we give shout outs and good lawyers. (08:58):
undefined
So. So this word was a good this was a good lawyer.
Jane Doe: He I was I had gone with one lawyer and then another friend (09:05):
undefined
kid me and said, hey, I think that you need to call Mark
Collins. So I called Mark Collins and ended up securing him
as my lawyer from there forward.
Bret Adams: So then what happens? (09:17):
undefined
Explain the process. You have a pretrial, you went to
court.
Speaker2: You well, I wiped out my savings, first of all, to retain (09:23):
undefined
him and, you know, had to get help from from family and
things like that. So in the meantime, in that six months, I
had started another job that I was doing very well in and I
started like this savings account for my kids and.
You know, I just was really trying to stay focused.
I had a great opportunity in front of me.
(09:44):
And I just my family also had like a college account for my
kids and we just had to take everything out of those two.
I mean, he's not he's not cheap, but he's good and that's
why. Right.
So he just told me that I think we have a case here, you.
Speaker1: Know, because initially you were going to defend it on the (10:03):
undefined
facts. You weren't just going to go in and cut a deal.
You.
Speaker2: Right. Because he said it was not a felony. (10:08):
undefined
$400 is not considered a felony.
Speaker1: Well, absolutely right. (10:13):
undefined
Not here in Ohio.
So as as usual, a prosecutor over charges everybody.
So his original intent was to was to either leverage a plea
or to actually defend it as a misdemeanor.
Speaker2: Well, they also charged me with taking identity of another. (10:30):
undefined
So it was way overcharged.
And he was like, this is not taking I signed my own name.
I was a signer.
Right. You know, it was my utilities.
And, you know, it wasn't like I was taking her identity and
pretending to be her.
So already it was overcharged there.
And then he said that it was overcharged being a felony in
(10:52):
general. And even if I was found guilty and I'm 18.
Speaker1: Months. (10:55):
undefined
Speaker2: Well, you know, it was a little over the two years. (10:56):
undefined
And then he filed judicial release and and the judge did
let me out and they said this is only the third one he's
done and and, you know, X amount of years.
So they were surprised.
But he did let me out a little early.
Speaker1: And then my guess is those are six year terms. (11:13):
undefined
It was probably after he was after he was elected.
Speaker2: It was. (11:20):
undefined
Speaker1: Yes. Yeah. So he didn't have he didn't have that same (11:20):
undefined
pressure on him at that point.
But but I don't know.
This was one of the reasons.
I'm not sure. I mean, I got approached early on in my
career to run for judge 100 times, and I didn't want to I
didn't want to do it. I mean, knock on wood, I was really
(11:41):
having some success when I was doing and I didn't want to
take a pay cut to be to be a judge.
But I've always been and I just don't know that if I'm
looking at you and I see these facts.
Well, I know, I know I would not have put myself or my
being reelected over you and put you in prison with six
kids. I mean, I couldn't I couldn't do it based on the
(12:03):
facts. I couldn't have made that made that decision.
But but you look at him, this guy can't this guy was never
going to be able to practice law outside of being a judge.
I mean, that's why they fight so hard for re-election and
stay in that position because they can't go out and
practice. I mean, they're either not they don't have the
intellect or the work ethic.
And and they'd rather have that state job with press to be
(12:26):
to be the judge.
So you serve the time you you you got out.
And again, I'll say it the second, third, fourth time you
you committed a crime and you admitted it, you paid for it.
But 20 months in in an actual prison, I think is pretty
excessive. What effect did that have on on your family?
Speaker2: I mean I mean, my kids suffered the most. (12:46):
undefined
You know, I.
I kind of just took that time to reflect on me and become a
better person during that time.
And, you know, I had had children super young and had a lot
of them. And so that was the first time I think I'd ever
been by myself, you know.
And but it was it was torture missing them.
(13:08):
And they all really went through their own individual.
You know, they all suffered.
And still to this day, there are repercussions of that.
You know, I still see things that I know, you know, and and
they still will say sometimes they're angry or, you know,
and they're adults now, all except my youngest.
(13:30):
And he even, you know, will say, well, I remember bits and
pieces of you not being there or, you know, and but it
really, my older kids, it really, really affected them.
I mean, their school and, you know, their decision making
and just, you know, I was always their their prime parent.
That was 100% always there.
(13:51):
And so them taking me from them, it created six more
problems, right.
You know, of.
And they nobody considered that.
Speaker1: Right. Right. (14:00):
undefined
With all that tragedy, though, I mean, I can attest,
knowing you, I mean, you've got a great career now and the
kids are all doing great.
So you really you turn this around into a real, real
positive. But that's not your only experience with and this
(14:21):
is this is actually it's it's really kind of funny.
Speaker2: It is now. (14:25):
undefined
Speaker1: It is now. But the second issue, you know, you weren't (14:26):
undefined
convicted a crime, you weren't charged, you didn't steal
anything. It's just completely different.
But we talked about it on a on a actually talking about on
another episode of In Class Actions.
But you got a letter last week when we talked about you
being on, on the podcast.
Speaker2: So in 2014, my daughter and this goes along with me saying (14:45):
undefined
there were major issues.
I mean, even after I got home, they they really, you know,
started rebelling and against me.
And so I took my daughter's phone.
She was in trouble. And I told her, you're not getting your
cell phone for a week.
And I think she had missed school or something.
(15:07):
And so she was really upset and spit on me, which is to
this day, you know, she says, Mom, I'm still to this day so
sorry. And she's in her twenties now.
But how old.
Speaker1: Was she. (15:18):
undefined
Speaker2: Then? She was 14, I believe. (15:19):
undefined
Yeah. And 14 or 15.
But she, I, she grabbed my phone from me because I had my
phone in my hand and I had like we were by my bed and I
kind of like pushed her on to my bed to get my, my phone
back. And she ended up calling the police, you know, once
(15:42):
things I thought settled down and the police showed up at
the door and they charged me with domestic violence with
DV, which was so crazy because she had filled out a
statement. And I knew they told me in the car that she had
filled out a statement that said, yes, my mom forcibly took
my phone, so I forcibly took hers.
(16:03):
And yes, I spit in her face and actually was spit right in
my eye. So anyway, I had retained another lawyer and they
said we, I said, I am fighting this like to the end, I've
learned my lesson. You know what charges before and I'm not
accepting this.
Speaker1: But she dropped the charge. (16:20):
undefined
Speaker2: Well, no, she didn't. (16:21):
undefined
The prosecutor saw it.
And before I even I never even went to court for it.
They called my lawyer and said, yeah, we read the
daughter's statement and, you know, we're throwing this out
in the mean so.
I received a letter and it said to.
Speaker1: Back up one set back 1/2. (16:38):
undefined
So that so that listen, most people, their 14 year old kid
spits in the eye.
Speaker2: Yeah. (16:46):
undefined
Speaker1: I don't know what I do. I mean, I, I mean, I decide probably (16:47):
undefined
smack upside the head, never, never hit a child.
But whether you grabbed her, that's not what we're talking
about today, because this was this was over with.
Speaker2: This was this was this is this was in 2014, like years ago. (16:58):
undefined
Speaker1: And the prosecutor dismissed it. (17:02):
undefined
Yes. And then you get a letter last week that says.
Speaker2: It said that in 2014 that I was named in a lawsuit because (17:07):
undefined
the the county that I was in took pictures of tattoos that
were in a private area.
So if you have a tattoo like it's below your pelvic bone or
(17:27):
on your buttocks or or your breast then or near your
breasts then it was considered a private area.
And I was named in this lawsuit.
And if I went.
Speaker1: No, no, no name does a defendant. (17:35):
undefined
Speaker2: You're the plaintiff? No, no, no. (17:37):
undefined
Speaker1: Class action. So it was a class action lawsuit? (17:38):
undefined
Speaker2: Yes. (17:40):
undefined
Speaker1: There was filed against the county. (17:41):
undefined
Yes. And they want to pay you.
Speaker2: And it's millions of dollars, this lawsuit. (17:46):
undefined
And so they said they wanted to pay me.
I would be paid to in excess of 2000, so it would be more
than $2,000.
And it said, if I didn't want to be named in this, I could
actually go after them myself.
I just had to fill out this paperwork and said.
Speaker1: We're going to well, we're going to get you a lawyer. (18:06):
undefined
You're going to go after me yourself, because I read that
the actual class plaintiff, the name plaintiffs getting
50,000 and then the rest of you are getting 2000 and the
lawyers are getting $833,000.
Speaker2: Yeah, it was almost a million. (18:22):
undefined
Speaker1: Yeah. So so you obviously you have a tattoo because they (18:23):
undefined
took pictures of.
Speaker2: It, right? Yeah, I have one then. (18:27):
undefined
Speaker1: So what happened in the this happened in the jail and how (18:29):
undefined
did they explain it to you?
Speaker2: What they just basically said that I was one of these these (18:34):
undefined
women that were in the system with a picture of a tattoo
that was on a private area.
Right. And so and I have one, you know, on my chest that
isn't. Like.
I mean, it's. It's not like you can see anything, but, you
(18:54):
know, just my like.
So did you get a bone?
Speaker1: So did they make they make you undressed? (18:57):
undefined
Uncover to take a picture.
Speaker2: Did you did and it was I guess it was against our, our (19:00):
undefined
rights to take a picture for a misdemeanor, for them to ask
us to undress and take pictures of tattoos.
Speaker1: Okay. So this was something that the the Marine jail keepers (19:11):
undefined
thought was pretty cool.
So they would so they took the picture.
Speaker2: Yeah. And it wasn't a female. (19:19):
undefined
I remember this because I thought it was so strange that
they were doing that.
Speaker1: To me, it was not a. (19:25):
undefined
Speaker2: Female that was male. (19:25):
undefined
Speaker1: And so they they asked you if you had any tattoos and you (19:28):
undefined
said, yeah. And you said, We're out.
You sit here. And they said, take your.
Speaker2: Yeah, we need a picture of it. (19:34):
undefined
Speaker1: Wow. (19:35):
undefined
Speaker2: Wow. Yeah. (19:37):
undefined
Speaker1: Okay. (19:38):
undefined
Speaker2: So that, that was. (19:38):
undefined
Speaker1: Okay. (19:41):
undefined
Speaker2: Well, that was a surprise. (19:42):
undefined
Okay.
Speaker1: Well, we're going to get you a lawyer who specializes in (19:43):
undefined
that area. And it's incredible.
Two and a half billion dollars, two and a half million
dollars settlement. Lawyers get 833, lead, plaintiff gets
50. Really be interested to find out what what happened to
her to get 50.
And of course, she put her name on it, which usually those
class action main plaintiffs get a little bit more money.
(20:05):
But there's a big difference between 50 grand and and two
grand.
Speaker2: So but and then it also said they were giving them three (20:10):
undefined
years to destroy all the photos, which I thought was a
really long time.
Speaker1: So they're going to hang on to it for three years. (20:20):
undefined
My guess is they're probably keeping them for the people
that opt out of the class and go after him.
I mean, there could be could be a reason for that.
But but anyway, so I really appreciate you coming in and
telling your story because I, I think this is this is what
we're trying to do with the podcast.
We're trying to bring out crazy situations, crazy
(20:41):
situations like this.
And even if, you know, you go back and even if the judge
thought you deserved incarceration and I've just seen the
judge, would you do the county jail for 30 days, but a
three year sentence on this amount of money in these.
Speaker2: And ran consecutive not. (20:57):
undefined
Speaker1: Concurrent which is even worse which is which is insane. (20:58):
undefined
But I think people hearing this, you know, they'll pay
attention they'll pay attention to this.
You know, this judge, obviously, he's not hurting anybody
anymore. But that's what this guy did.
I mean, he was he was not well respected would be the
grossest understatement that I could say in my experience
(21:20):
with him personally and my opinion is and expressed by
other other people.
But I really appreciate you telling this story, and I want
you to do it because I think people need to hear it.
They need to hear the fallacies in our judicial system, and
especially with elected judges that made this decision to
send you down the river, as opposed to, I mean, being
(21:42):
concerned about his own.
Speaker2: Thank you for having me. (21:43):
undefined
I appreciate.
Speaker1: It. Thank you. Thank you for coming. (21:45):
undefined
To now to to Brett's rant.
And you heard.
Speaker2: This misdemeanor for $400. (21:50):
undefined
I paid her back. And, you know, it was still a misdemeanor
level.
Speaker1: So, again, you paid her back before the charges. (21:56):
undefined
I mean, were even anticipated right at that point.
I mean.
Speaker2: I had no idea that that that she had intentions on doing (22:00):
undefined
that.
Speaker1: Well, obviously, yeah. Obviously she made the effort to go (22:05):
undefined
file file the charges against you at that point.
So then then you decide you get a plea offer and explain
what happened.
Speaker2: Well, this was 20, 20 months later, so almost two years (22:17):
undefined
later. So we fought this and it just strung out and strung
on. I mean, it was just too stressful.
Yeah, right.
Speaker1: Extremely possible felonies over your head is stressful for (22:27):
undefined
anybody.
Speaker2: That was one of the which is. (22:31):
undefined
Speaker1: Again, another screwed up part of this legal system on how (22:33):
undefined
long anything takes criminal or civil.
But yeah.
So you're at the point that you get a a an offer.
Speaker2: Yes. So they dropped obviously. (22:44):
undefined
Well, they had dropped the charges altogether because they
the judge said, this is you, you are overcharging.
And there was no taking the identity of anybody here.
So they dropped an I thought all that it was going to go
away. And then a month after that, they ended up recharging
me with a felony, just theft and forgery.
(23:07):
Okay. So it was, I believe, a four and a five, four and a
five. And they so they rearrested me and it started all
over again. But he still you know, Marc still said, you
know, we can still beat this.
You're not on cameras in stores or restaurants.
This isn't you.
After we, you know, got discovery and things.
So then they came to Mark and said, we want to offer her a
(23:32):
plea deal, the the prosecutor and said three years
probation. I mean, basically, that was it.
And he said, you know, you're not a drug addict.
I don't think you're going have any problems with this.
They're not going to you know, it'll be easy to get off of
that paper.
Speaker1: So the prosecutor specifically was recommending probation, I (23:50):
undefined
mean, which they would do in that case.
I mean, I've never I mean, I can't imagine with no prior
thefts. No, this would not be an automatic probation.
Right. It's just it's inconceivable.
So you you get assigned a judge named Richard Short, who is
(24:15):
now deceased, and actually because he is deceased.
And I don't really want to pound on some of these family
that's not that's out of here.
So I'm going to hold back a little bit on on what I really
think about or thought about him.
But you go to court and you do the plea agreement thinking
that you're going to walk out of the courtroom on, on and
again. And until the listeners nobody and you very upfront
(24:37):
with it, nobody's nobody's defending you made a bad
decision and you should have paid a price.
But my argument, and I think most of society's argument is
this punishment didn't fit the crime.
So getting ahead of myself.
So what? So what happened in the.
Speaker2: Well, I will say to you, I didn't know any better. (24:51):
undefined
I mean, I didn't know how the system worked.
And I just was, you know, kind of just following whatever
Mark told me to do.
Speaker1: But you had a competent lawyer telling you. (24:59):
undefined
Yeah, because we're going we'll get to him later.
And what? Because obviously he felt really bad about what
happened, but he believed he wasn't going to say, Jane, you
make this plea agreement, this is what is going to happen.
I mean, I've been in those situations.
I've been in situations where I where I've done a deal and
I'll tell the client, this is 99.9% of what's going to
(25:22):
happen. I can't absolutely guarantee it.
Speaker2: You know. Well, he Mark did not tell me that, though I had (25:23):
undefined
no idea. I thought a plea agreement was an agreement that
was a done deal.
I had no idea that if the prosecutor and the defendant and
the lawyer agreed on something, that the judge could go
against that, right? I was yeah, I was never informed of
that. So my family was telling me, no, don't don't take
(25:44):
that like you're going to have a record and you know, this
is going to fall you in.
Speaker1: Well, they were more concerned about the record, right? (25:47):
undefined
They never thought you were going to go to prison.
Speaker2: No, no, heavens, no, no, never. (25:51):
undefined
And so I had a babysitter at home, and I right before I
walked out the door, I laid a roast out to death all on the
counter. Like I told her, I would be home in a couple of
hours. And I had just made the decision to follow the
guidance of Mark because I was so stressed out.
(26:11):
I mean, it was this is just something that hung over my
head. It was hard for me sometimes to even, you know, get
through my days without being super emotional and stressed
out. So I'm like, I'm just ready to get this over with.
I'll deal with the consequence of having a record later.
You know, hopefully this career that I'm in now that I'm
doing well and well, you know, I'll go somewhere and I
don't even have to worry about it.
(26:32):
So I get there and he tells me before the judge even starts
talking, he says if he, you know, imposes a sentence, don't
freak out because at the end he can say sentence suspended,
you know.
Speaker1: Right. (26:48):
undefined
Speaker2: And that's not amount of hours for community service in (26:48):
undefined
three years.
Speaker1: That's not unusual for listeners that for for a judge to (26:51):
undefined
impose even even incarceration, but suspend it, that's not
unusual at all.
And that's why he was telling you not to freak out.
Right. Just to be prepared for it.
And you are. So he so.
Speaker2: He said two years than I think it was. (27:05):
undefined
Oh, nine months, two years and nine months, maybe a little
bit longer. No, I think it was three years.
That's what it was, three years and nine months because I
freaked out anyways.
And I kept looking at Mark and waiting for him to say, you
know, sentence suspended and that never came.
(27:27):
The next thing I know, they're putting me in handcuffs and
taking me to the back and I had no idea as to what was
going on. Mark came back and I said, Why did you tell me to
plead if they're putting me in prison for, you know, three
years? I mean, they maxed me out, right, for for those two
to charges.
And because I said guilty, because I thought I was getting
probation, then I was found guilty on both of them.
(27:48):
So he max me out on both charges.
Speaker1: Well, with the facts, you should have gotten probation and (27:51):
undefined
most people wouldn't even got probation.
Now, I know because I know the facts.
I know part of the reason that you didn't, because we've
got a we've got a judge that's running for re-election.
And in the courtroom is Andrea Cameron, who I love, who
actually a I mean, she's a friend.
She she's no longer in this market.
(28:12):
But she was the lead, probably the most recognized news
anchor in Columbus.
And the victim here was was a relative.
Andrew was a Andrew Cameron was a relative of the person.
And this judge was about to risk giving you what you should
have gotten, which was a sentence hanging over your head
(28:34):
and probation, which would be what 99% of all population
would get. And it's clear to me that that is what happened.
And then I think your lawyer later kind of verified that
because he was just as in shock as you were.
Speaker2: Right. And I think Andrew was a friend of the person that (28:50):
undefined
was in charge of my client's estate if she passed away.
Speaker1: So but there. (28:58):
undefined
Speaker2: Was somebody that was like a mutual friendship. (28:59):
undefined
Speaker1: There. There was some relationship there. (29:01):
undefined
And she's sitting in the yes.
In the courtroom. And there's no no, no aspersion against
her. She's there defending her friend.
But it goes back to which we're going to talk about in my
in my rant at the conclusion of the interview, which is
this is why in Ohio that we cannot we cannot elect judges,
(29:22):
because this guy was afraid, afraid of his own shadow.
And again, he is deceased.
But I will I will tell you this.
And my I don't know, a lawyer that ever had any dealings
with him, that ever had a good thing to say about him.
I had my own personal experience, which I'll interject here
real quick, is that I was actually a party, a plaintiff in
(29:43):
a in a case where he actually ruled in my favor initially.
And we had had some disagreements in the courtroom, and we
went back into chambers.
And he says to me, and I've got two lawyers, the other
side's got two ladies, there's five or six lawyers in
there. And and he says, Mr.
(30:03):
Adams, he goes, he goes, You think you're the smartest
person in this courthouse, don't you?
And I said, Well, Judge, I don't know about the smartest
guy in the whole courthouse, but I know I'm the smartest
one in this room now.
No lawyer, I'm telling you.
And I wasn't. He was such a dick when he said it that my
response was appropriate.
(30:24):
Now, the problem is, is that most lawyers don't have the
balls to stand up and defend themselves like I did.
Now, he didn't say he didn't say a word.
Now, I think he's probably shocked.
I know that my lawyer was was out of his mind because he
told me afterwards, he goes, I can't I can't I can't
believe you said I can't believe you said.
I said, well, it was appropriate.
I mean, he came after me, all right?
(30:44):
And but that's just the way it was.
He was just an elitist, arrogant asshole.
And it obviously hurt you because you got a sentence that
was based on him getting reelected.
So he put his interest ahead of yours, which and it happens
in states where judges are elected all the time.
(31:05):
All the time.
Speaker2: And it's I didn't even know that at the time. (31:06):
undefined
I had no idea.
I mean, I didn't even keep up with things like that who was
being, you know, up for election as far as our judges and
things like that. But, you know, Mark, I know was in shock,
too. He kept saying, you know, Wolf, how judicial.
But he did warn me, too.
I will say that he said I'm going to tell you right now,
(31:27):
this is probably one of the worst judges that you could
have got. Not that he was saying he was a judge.
He was saying one of the toughest.
Yeah, he was. He said, you bet.
We could have gotten a better chance with another judge,
but.
Speaker1: You could have gotten a better draw because he was he was a (31:39):
undefined
harsh, harsh guy.
You know, again, it goes back to.
Speaker2: And he doesn't give judicial. (31:47):
undefined
He told me that he said he doesn't normally give judicial,
but we will file.
And he sent me a letter that was in June.
And in July, remember on July 14th, he had sent me a letter
in prison or in jail.
I hadn't been transferred yet and said that he was
(32:09):
surprised as I was.
He was he actually apologized and said, I am so sorry that
this happened. This is not what we agreed as a group with
the prosecutor. And he made it sound like the prosecutor
judge him. He said, you know, I will file your judicial for
free. You know, I'm not going to charge you anymore.
And but, you know, he normally does not.
I'm telling you, just so you don't get your hopes up.
(32:30):
He normally does not give judicial.
Speaker1: Cause for the listeners. (32:32):
undefined
Judicial release is if you spend 30 days in.
Well, the reality is that anybody that's ever been in jail,
you don't need more than a week to show that.
How severe a shock it is.
I mean, let alone you served actually 18.
Every day story.
If this doesn't give pause to everybody, at least in the
(32:52):
state of Ohio or any state that elects judges, this one
should, because this was a prime example of a judge more
concerned about his own reelection than having a famous
news person in the room related to the victim.
And he wasn't about to do what he should have done given
the amount of money involved.
(33:13):
I mean, even if there's another factor there, I mean, 30
days in the county but but not three years prison.
I mean, this this guy was should be a poster child for
electing judges in the state of Ohio because it's
outrageous. I mean, fortunately, she's really come back and
done well for herself, but it could have turned out
(33:33):
completely different.
It could have been a disaster for everybody involved.
But damn it, just really focused folks focus on on getting
judges that are competent, intelligent, compassionate, with
a little bit of empathy.
There was no empathy involved here.
This was this was I'm worried about my own skin and getting
getting reelected.
(33:54):
And that's bullshit.
And this judge sure was an asshole.
Thank you for listening to lawyers for assholes.
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