(07/20) HOTL Hour 1

Handel on the Law. Marginal legal replay.

Episode Transcript

(00:00):
You're listening to KFI AM six forty. The bill Handles show on demand on
the iHeartRadio app. This is handleon the Law Marginal Legal Advice, where
I tell you you have absolutely nocase. If you're injured and need a
lawyer, go to handle on thelaw dot com. And if you're a
lawyer and want to join our teambecause people desperately need your help, go

(00:23):
to handle on the Law dot Comand click on the Joint Today tab at
the top of the page. Thefollowing up pre recorded program out of Florida
comes a story of and a billout of Ron De Santis, the governor
now Ronda Santis is one of themost conservative governors in the United States.

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He is very religious and he believesin religion having a huge influence on public
affairs, not only business, butcertainly schools and public office. And he
signed a bill last April that allowschaplains religious chaplains to be part of the

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public schools amid staffing shortages, aren'tenough counselor effectively, it's counselors. So
now chaplains can come in and becounselors in the public schools. Okay,
so there is a group of peoplethe Satanic Temple who are volunteering. They're

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applying for those chaplain positions, andof course they're being told no by DeSantis,
and they say, and it's true. Here's what the spokesperson said.
Nothing in the text of the billsserves to exclude us. No credible interpretation
of the First Amendment could and shoulda school district choose to have chaplains,

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they can expect Satanists to participate aswell. This is the Satanic Temple.
Now, it's not crazy, youknow, dancing up and down and all
of that. They call themselves aSatanic temple, and it's very benign,
or so they say. So.When the Santas signed the bill in April,
he described Satanism as not a religionand said that members would not be

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allowed to participate in the program andgrieves the spokesperson. The co founder said,
either DeSantis is entirely ignorant of themost basic fundamentals of constitutional law,
or too incompetent to care. Hefails to recognize it is not the place
of government to confer unique rights toone religious identity while denying them to the

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other. He's absolutely right. DeSantiscomes back and says, we're not playing
those games in Florida. This isnot a religion. This is not qualifying
to be able to participate in theChapelain program. We have to use common
sense. Don't worry about that,he tells his followers and the citizens of
Florida. But here's the problem.The Constitution doesn't allow a governor or a

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president or anybody to determine what areligion is. We have freedom of religion
in this country, and that isinterpreted as freedom of religion. Any religion
you choose. You can create areligion and no one can stop you,
and it cannot be determined that yourreligion really is not a religion. So

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I don't know where he is goingto go on this one, because it
is the constitution of the United States, and for him to discriminate in saying
this religion is okay, that religion, even though I don't believe that a
religion is not okay. That doesn'twork. And so you might very well

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see the Satanist the Temple of Satanas counselors religious chaplains and is there a
line, yeah, yeah, Andwhen they bring in babies to sacrifice at
the school level, Okay, that'sa problem. But other than that,
I'm going to tell you welcome tothe Constitution of the United States and freedom

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of religion. Okay, let's takesome phone calls, all right. Ed.
We talked a few weeks ago abouthow I went through some files from
years ago and found an uncashed checkfrom a closed out IRA account with an
insurance company that still has an annuitydepartment, but they don't have the IRA

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information. Well, you told meto pursue it to try to get a
reissue, and I got a letterback from the Senior Customer Service department saying,
well, we've purged our wrecord.Okay, record. How when we're
talking about the check. How oldis that check? Yeah, nineteen ninety
seven August okay, so you're talkingabout a check that is his own ton

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thirteen twenty five, twenty six years. Yeah, And they don't have anything
to do more with the I nothing, So you're out. But they do
know that I had an account there. No, I'm not arguing that.
I'm not arguing that, but they'resaying it's too long ago. We don't
even have that money anymore. Wedon't even have that money anymore, our

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account. We got rid of it, and we got rid of it twenty
years ago. Well they didn't saythey got rid of the money. I
thought you said something about it.No, No, if they get rid
of the account, they get ridof the money. Oh if someone else
is if someone else is handling theIRA, then someone else is handling the

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money. So they're out of it. They're out of the picture. And
so now they sold they sold youraccount, okay, and then so if
part of the portfolio and nine hundreddollars is just you know, a little,
tiny, tiny fraction of what theamount of money went because they got

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out of the business. So who'sgoing to pay you? The people that
got out of the business twenty fiveyears ago? The people were saying,
you know that was twenty five yearsago. Where's gonna go? They sold
their company, though it doesn't matter. They sold their company and they which
means that whichever buys the company excepta liability. And I said, try

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to get the check reissued. Andyou tried, and they said, no,
we're not gonna We're not going toAnd if you follow us all,
they wouldn't what they didn't say,they wouldn't reissue it. They just said
we don't have those records, andI have all my records. Okay,
then send them the records. Thensend them the records. You just send

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it to them. Whoever you're talkingto, you send the records. Go
here. You said you don't youdon't have the records. I've got them,
and here they are. Right.Will I be surprised they send you
a check that was not cash fromtwenty five years ago? Oh yeah,
I'll be very surprised because you can'tdo a thing about it. Ed,
you have no legal standing at all. M checks are twenty checks that are

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checks that are twenty five years old. Basically, you're you have confederacy money
on your hands. M hm,and you're gonna be asking Virginia to give
you the equivalent in American money.I know that doesn't exactly correlate, so
the analogy is not perfect, butyeah, I mean, there's no place
you can go if they're not willingto voluntarily send you the money. You're

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there, Okay, thank you verymuch for trying, or thanks for looking
at it. And uh, youknow, we give me five hundred dollars,
we give me four hundred dollars andsee if they do. But there's
nothing that they are obligated to do. Not after twenty five they took over
the bigger company, took over thelittle one that yeah, but they took
but they took over an account thatyou can't go after because it was twenty

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five years ago. Huh. Yeah, I really wanted the money, and
yeah, I can understand that,all right. And you know, I've
got checks that have been you knowthat I've lost and you know, old,
old, old checks. Now,they weren't for nine hundred bucks.
They were for some dividend I gotfrom some stock that I owned as part

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of my portfolio. And there wasa two dollars naisance check which I just
threw in a drawer because I wasn'tgonna bother with it. And it's old
stuff. I can't do anything aboutit. This is handle on the Law.
Welcome back to handle on the Law. A Hi, Nancy, Hello,
welcome to ahead Bill. Thank you. It's a living trust, the

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public record. How can I seeit before my stepmother passes away? Yeah,
you can't. It's not a publicrecord. It's not. And by
the way, a will is apublic record until it is probated, until
it is filed with the court.So if mom doesn't want to see you
see the trust, you ain't gonnasee the trust, all right, Yeah,

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okay, I know it's it's toughfor a lot of people don't understand.
They think, can I see thewill beforehand? No, no,
nope, we'll see the will whenit's probated. You'll find out what's in
it. And then you find outyou've been disinherited, which is great fun.
So now God bless you. Andthen a trust isn't going that doesn't
go through the courts at all.So how do you know you're getting the

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money that you should? You don't. Now if you think you're a beneficiary
and you have a solid case,right, you know, my dad said
I'm going to get this and hetold me it's in the trust, and
it's not. Well, you goto a lawyer, and a lawyer then
demands to see the trust, oryou demand to see the trust, and

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if it turns out that you arenot getting something, hey, now here's
the trust. I would show itto you if I'm a beneficiary. I
mean, no harm, no foul. What it does is guaranteed that you
know you're not getting anything, althoughthat does means you don't contest it,
and there's a whole bunch of rules. If there is a lot of money
involved, I guarantee you and somebodyin the family is disinherited under the trust

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or is not taken away as abeneficiary. Believe me. Oh yeah,
the lawsuits start flying family members withmoney. There's nothing like it. Hi,
josephine him, how are you?Yes, ma'am, I'm horrible.
What can I do for you?Yes, thank you for what you're doing.
It's very helpful. Yeah. Iown a house and my neighbor own

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a tree that you know, orderlyto see everything dropping into my pool and
it damaged my palm, my vacuumand my pool like over five to ten
years. And this is my secondtime. I have to change the whole
machine. And it's cost me likea thousand, couple thousand dollars to doing

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this. Justine, let me askyou, how long has this been going
on? Oh? You know?Okay, So why why have you just
sat back and let the neighbors treesand leaves, et cetera destroy your equipment?
You're on the second go round,and why haven't you done anything about

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it till now? Because she's amean person to already. Okay, then
you know, if you don't wantto go after her and get some money,
then there's nothing I can do aboutit. I can tell you what
you I can tell you what youcan do. Now. Her being miserable
to you is a different story.So what's your question? Okay? So

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if I can't give her a billand say hey, I want you to
pay for my BIB, why I'mgoing to take to a small claim court.
Yeah? Yeah, absolutely, Andyou do take her to small claims
court and for the damage. Theproblem is, have you have you demanded
that she keep the leaves and thebranches off of your property? Yeah?
I do it. Oh, thenyou can't. Okay, you have to

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first make the demand, right rightis going to ask you, and then
you are going to sue. Imean you can sue for two times the
repair, but I don't think you'regonna get You might get it for the
replacement of the last one, butyou haven't made the demand. The problem
is you haven't told her I inwriting I want you to fix your problem.

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She's gonna say, hey, youknow, yeah, the leaves are
going all over and Josepine doesn't care. She's never said anything. What a
chance is even takes her to smallclaim, you say eighty twenty, you're
gonna win. Now you're gonna win. You're gonna win. That's not a
problem because you're gonna be able toprove it. Take pictures. You know.
When she says you got to fix, you say yeah. Now if

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she if she then cuts her treeso the leaves stop going, Uh,
then she's cured the problem and it'syour issue. You decided to wait five
years and have to and have twoheaters or filters blow up because you didn't
do it initially when the leaves startedflying. Now the other side is she's

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a mean person and you still haveto live next door to her, Josephine,
and that's what happened. And ifshe makes your life miserable, Uh,
do you have a pool service thatcomes out once a week, then
have them clean up. Just havethem clean it up. They do,

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And then what you get to doevery day is you get to take that
little scooper thing that and you cleanup the leaves every day or twice a
day, and you're done. Thenyou don't have to worry about your neighbor,
right right, So I just Ijust wish that tree is going away,

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you know, because she just plannedit is like last five years.
Okay, well you can. Youcan tell her because your leaves are because
the tree is producing leaves that arein my pool. Uh, especially if
it's on your side, you cantell her stop it and then there's any
damage after that, after you've madethe claim, you can sue her in

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small claims court and anything anything thathangs over your property you can cut.
You know. I just I don'twant her to be yelling at me and
understand I get it. No,I get it. You know I've had
yeah, I've had horrible neighbors andI just don't care, you know.
I mean, I just don't givea damn. Yeah, but yeah you

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might. You know, you haveto live next door. I understand that's
uh, you know, it happensall the time. Is it worth it?
I don't know. Uh. Gee, I got no car accident or
ge something happened, But I don'twant to sue. Okay, you know,
all right, then why are youasking me a question? Why you
asking me a legal question since you'renot even going to sue. Oh okay,

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I just want to know. CanI sue? Yes, you can
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(15:18):
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(15:41):
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slash handle. This is handle onthe law. You're listening to bill handle

(16:29):
on demand from KF I am sixforty. This is handle on the law
marginal legal advice where I tell youyou have absolutely no case. All right,
Carolyn, Hello Carolyn, Hi Bill, I have a question. I
just inherited a home on this landis two homes one. I will be

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inheriting the front house and my halfsister will be taking over the backhouse.
She's lived there for many years.During this time, my mom, who
passed is was paying the whole waterbill because on the land there's only one
meter. Okay, she asked overand over, So can I is she
responsible for paying half to Yeah?You would think I just say no.

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She can say no, and thenwhat do you do? You take her
to court and you get why don'tyou just ask for another water meter?
Call the water company and say putanother water meter? There's two homes here,
Yeah, there's two homes. Yeah, why why wouldn't they put up
another water meter? There's your questionthere. It is you're done thinning off
to go through do you own half? Do do I owe half? We
have shared? And then you go, well, you use more than I

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do, and let's figure out howmuch. And we're gonna analyze it and
we'll go to the water company andthey're gonna send someone out ask them for
two meters and you're done. Ohthat's all. That's all you have to
do. That is hilarious, allright, Wayne? Hello? Wayne?
Yes, So my uh away intwo thousand Okay, hold on, y

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I lost you, hold on,I lost you for a minute. Your
dad passed away. Yeah, hepassed away as an inmate in Nevada back
in twenty twenty two. Wow,what did he do? Whoa? Wayne?
No, No, you don't leavethat one alone. What was he
in prison for? He was inprison for lewd and Lucidius act with a

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minor. That's your dad, Yeah, my dad? Yeah? Wow?
And how old was he when hewas pop for that? Oh god,
it was back in two thousand andtwo or two thousand and three. He
was probably forty six forty Okay,so he wasn't so he did a.
He was done a lot of timebefore he got out. Whoa And did

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he pass away and he die inprison? Yes? Yeah, okay,
so he basically spent uh you know, after his forties the rest of his
life in prison. Yeah, Imean molestium minor is uh yeah, you
don't see too many of those.But okay, so he's in prison,
he dies in is in now?What So a few years before he passed
away, he had changed all ofhis will information to one of his cellmates.

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So when everything when we got allthe information, my brother and I,
we we kind of weren't in themood to like really put up a
big fight, but we we kindof pushed back, and then we end
up in a contract with this othercellmate that we would split everything fifty to
fifty his his prison inmate accounts,his bank account, and his VA benefits.
Well, so we signed a contract. Hang on, now, I

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don't understand you. You voluntarily signeda contract with this inmate to pay for
X dollars and he's going to giveyou his VA benefits. What was that
about? Why would you do that? Well? Because when my brother and
I first we could actually apply touh the VA to get the benefit the
VA benefits, and they said thatwe were no longer listed as the beneficiary,

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okay, And it was the andthe inmate was his buddy the on
okay, and you negotiated, andyou negotiated with the inmate that you are
going to get X and he keepsthe benefits or whatever deal you made,
right, yes, okay, allright, So the the fiduciary account had

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been split fifty to fifty, butthen the VA benefits when we sent it
away for the VA vape benefits,they said that they could not release they
could not release the thirty thousand dollarsto an inmate account or to a trust
account, which is the attorney thatwas handling the contract, and it had
to be released directly to my brotherand I. So that portion got released

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directly to my brother and I.And then my brother and I had kind
of changed our mind and said,well, you know, maybe you know
we don't want to split this becauseokay, but you have a but you
have a deal. You have awritten deal with the inmate. Oh okay,
yeah, I mean you got You'vegot a written deal. I mean
it's that simple. And did soyour dad left uh, the inmate a

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bunch of his money part of hisestate. Do I have that right?
Yes? Yeah, okay, SoI'm assuming that they were very close,
if you know what I mean.Yeah, I think so, yeah,
yeah, of course of course theywere. Yeah. Oh yeah, you
got a contract you that's it.And I was going to ask you,
and you've answered it. And thathas to do with was your dad in

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his right mind when he left thisinmate some of his money? And since
it was years ago, you can'tcontest that. You can't attack that.
So the bottom line is you owethis inmate X number of dollars per year
agreement written agreement. You say no, he sues you. He sues you
when he wins and see, andthe inmate wrote a letter of trying to

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prove why my dad did it.And in the letter, the inmate has
said that my dad was always atmind being taken to the mental health ward.
And yeah, it's going to bevery, very hard because you're going
to forget about your the inmate talkingabout the men whole health issue. You're
going if you're attacking any part ofwhat he left, you're going to need

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a doctor, a medical psychiatric orpsychologist who says, yes, he was
out of his mind when he didThat doesn't matter what the inmate says,
doesn't matter what you say. Theonly thing that is going to hold any
kind excuse me, any kind ofwater is a medical diagnosis that your dad
was out of his mind. Andit doesn't look like you're going to get

(22:27):
that, all right, Dakota.Hello, Dakota. Hi, there,
here's my question. I go byDakota Smith. My full name on my
driver's license, and my passport isJane Dakota Smith. Okay, for all
intents and purposes, I work asDakota Smith. I travel as Dakota Smith.

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I found my taxes Dakota Smith.I'm traveling to Soul next month,
and I don't want to have I'mworried for some reason because I'm going to
sold that I might have an issuesho because my ticket is issued as Dakota
Smith. Is there a legal thing? Oh? Yeah, So wait a
second. Your pass hold on yourpassport says Jane Dakota Smith, and the

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ticket says Dakota Smith. Yes,Oh, you'll change that. You change
that ticket right now. If yourpassport name doesn't match the ticket name,
you've gotten yourself into a world ofhurt. You make absolutely sure that ticket
is in your legal name. Beingthe name that's on your passport, because

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that's what they're going to check backand forth. You do not want to
be held up, especially coming back. Oh you're not Jane Dakota Smith.
Here the tickets for Dakota Smith.Wrong person. Oh no, do yourself
a favor match, especially airline tickets. The rest of it doesn't matter.
I mean, it's uh. Imean, you can change your passport if

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you want to change your legal name. It's not that big a deal,
by the way, to change yourname and forget about the Jane uh.
And then you but you have tochange your so security. But can be
done. You know, it's justa hassle. Friend of mine did that,
changed her name. She hated hermarried name, and so she decided
she's going to pick a name rightout of the phone book. By the
way, she put the you havea phone book to put, picked up

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a bunch of names, put themon the dart board and throw a dart
very very specific in terms of whatshe did. But then everything changed over.
But the first thing is that passporthas got to match, certainly the
airline ticket and the rest of it. It Just do yourself a favor is
give up a name that you've neverused, go through the name change procedure

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and it's real easy. Just goon the internet and it'll tell you exactly
what to do. And getting stuckin Korea. Getting stuck in Korea is
no fund by the way, Yeah, that's what was concerning me. Yeah.
Parents, it's there's not a documentthat shows that I travel under an
alia. No no, no no. If there's a document that as you

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travel under an alias, the governmenthas it and you're on some list,
just match the ticket to your passportand if you want to give up the
Jane part, go through the procedureof legally changing your name and then you
never have to worry about it.Okay, Jane, Okay, thank you,
Okay, goodbye. Yeah, man, that's the last thing I've heard

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of people doing that. I've beentraveling with people that did that. You
get if you're lucky, you getstopped at the airport on the way out
and they simply say, no,you have to match. This is handle
on the law and welcome back tohandle on the law. Marginal legal advice.

(25:44):
Marcy. Hello Marcy, Oh hiare you? I'm good? What
can I do for you? Okay? My son was in a car accident
coming on two years the accident hewas in. A person in the other
vehicle died. This was like onein the mornings. Three was over the

(26:07):
limit with alcohol. He's in hisforties. He's in his forties. He
had a DUI when he was ayoung guy when I don't know, early
twenties and had signed a Watson agreement, probably just like go sign here,
blah blah blah, just because here, never think anything's going to ever happen.
Well this happened. So now he'sbeen in jail for two years as

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they keep postponing because they're trying tomake an agreement and not do a trial.
And the DA attorney is, no, no, we're going to go
to trial a trial. So hisattorney said, how about can we do
He said the normal sentencing, Iguess it is fifteen years to life,

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but going to trial. If yougo to trial, they said, the
fifteen years you do, and thenthey decided parole and they probably wouldn't do
for so if you go and decidesome you know a time, you can
you be able to go fire campsto classes. He's real smart. He's
a very good kid in the community. He's had the mayor, multiple people,
multiple police officers, families of officersthat have been killed, write letters

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saying what a good person he is. Yes, but you shouldn't be throwing
the thing on him. So inthe meantime this this attorney says, no,
no, she wants thirty goes totrial, thirty years to like,
she wants to go to trials.She wants to win trials. And we're
just like, this is what thisis? Like, I don't understand.
And there's no statute of limitations onthat Watson agreement that you signed. Folks,

(27:42):
what's your question? Do you justkeep going? Well? Is there
any can you can you change thisto some place? Also? Can you
get what do you do? Whatdo you do? First of all,
I'm assuming there was a bail hearingand the judge would not give him bail.
Correct, he did of him bail? Yeh had bail. He was
out. Then he's out and theyand they give it away. Okay,

(28:06):
we went back to court. Theysaid him when he did nothing wrong,
nothing, why you're taking it away? Yeah? And what did they say?
What did the judge say? Well, the DA attorney says, it
doesn't matter if he's living at hisparents and has an ankle bracelet and he
doesn't have his license. Okay,what did the judge say, just go
yeah, it's he just says,okay, we're revoking as bail. No,

(28:27):
the DA doesn't revoke his bail.It's the judge revokes the bail.
Well, the judge, the theattorney says that the judge doesn't matter.
When it was like he had acord here, that's they gave him baila,
I understand. And no one camein to change the bail agreement.
So the judge gives him bail,and the DA on his own says,

(28:48):
I don't care what the judge says, I'm going to put you back in
jail. Okay, that's news tome. Okay that I didn't know that
word was yes. No, he'sbeen in jail for two years. Okay.
So let me ask you this,Marcy. I'm assuming he has a
at least a public defender representing him. Correct, he has an attorney that
we've hired. I think his bestfriend is that one of his best friends

(29:11):
of that. So he's the one, and here is the other, and
here is the news that you probablydon't want to hear. You cannot force
a DA to cut a deal.You can't. It's whatever the DA wants
to charge or not charge. Itis the DA's call. That's it.
It's that simple. And if youhave a DA, which first of all,

(29:33):
I don't understand, uh that theyrevoked the bail even in light of
the judge giving bail, and they'rebasically telling the well that I don't know.
That may be part of the Watsonagreement. I don't know, because
that doesn't to me. It doesn'tmake a lot of sense because then the
it's now the deal, but nobody. Yeah, Now it's the DA that

(29:55):
that determines whether he has bail ornot, and it's not the judge.
So the DA took it away fromthe judge and basically said to the judge,
I don't care what you say.I'm going to be the judge.
I'm going to be the judge inthis case. So I don't understand that
at all. But the answer,so that's money does okay. So with
that, I will tell you whenyou say, how can we push it

(30:17):
forward and try to cut some kindof a deal. Hey, if the
DA wants to take them to trial, take them to trial. You can't
force a DA to do anything.It's it's his call. Well it's a
DA's call. What let me askyou what county are you in? Well,
this is in San Maradino where theaccident happened, like one in the
morning. All right, So hewas charged to Sambordano County. Yes,

(30:41):
yeah, I don't know who theDA's of Sambordano County, but I know
that they're pretty conservative. In SambordinoCounty. The best place to do this
is La County because you have OrangeCounty. Todd Spitzer is the DA who
happens to be a very dear friendof mine. And he is I mean,
he's very conservative. I mean heis not uh, he is not

(31:03):
l a uh that would look atthis and of course allow bail and of
course force of course cut a pleadeal. Uh. It's and Samaranino,
I think is even more conservative.So unfortunately, you know, Marci would
be the nicest guy in the world. He got drunk and killed somebody.
Well, and he should say,we understand that. But he his attorney

(31:23):
went to the DA and said,what if we just do this and not
go to Carl, get this overright? And the DA says no,
and the DA says, no,he is, and so he went his
attorney. As attorney went to herboss, whoever that is, and said,
what what you know? Because herehe had all these understand what doesn't

(31:47):
look at him that she doesn't haveto. She doesn't have to, She
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and then you swallow the capsules,so the mint part takes care of your
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it's the only meant that I knowthat does that. That's Zelmans now,

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and I'm going to suggest you orderthem. I live on Zelmans, so
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I've known these folks over thirty yearswith Zelmons. I met them at
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a radio compan I have radio show. I want a free pack four dollars.
No, no, that was whatthey will cost them those way thirty
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l M I N s Zelmans dotcom. This is handle on the law.
You're listening to bill Handle on demandfrom kf I A M six forty