Sovereign Citizen Says ‘I Should’ve Been Released!’—Judge Takes Control INSTANTLY

本站添加: 2026-05-07

[00:00:00]Today we're entering a courtroom where tension builds quietly. The judge outlines a complicated history with multiple judges stepping away. Never a normal sign. It hints something deeper is going on. Then comes the key moment.

[00:00:14]Nothing can be decided today. That delay instantly raises questions and pulls you in, making you wonder why this case is so complicated. All right, we will officially go on the record start our docket for Wednesday, July 2nd.

[00:00:30]We are going to begin with the cases of Wesley Copeland Senior. This is State of Kansas versus Wesley Copeland Senior 12CR6 and 12CR13.

[00:00:43]Mr. Copeland appears by Zoom. Uh, where are you located, Mr. Copeland?

[00:00:49]>> Uh, Hutchin Correctional Facility.

[00:00:52]>> All right. He's appearing from the Hudson Correctional Facility by Zoom.

[00:00:55]State appears by Chicago County Attorney, Mr. Fasil. He appears in person in the courtroom.

[00:01:03]These matters are set before me this morning on Mr. Copelan's prosay motion to correct illegal sentence.

[00:01:12]These matters were originally before Judge Collins.

[00:01:15]Um I do note that Mr. Copeland filed a motion for Mr. or for Judge Collins to recuse. There was a hearing held on that perhaps last week and Judge Collins um agreed and recused himself from the case and set Mr. Copeland's matters on my docket today for reassignment.

[00:01:41]I think Mr. Copeland has had a few different judges in his cases for a period of time. I believe Judge Jeffrey Gossard was the assigned judge.

[00:01:52]He recused due to a conflict. I think that was the result of perhaps Judge Gossard Senior being one of the original judges in Mr. Copelan's cases. Uh I was then assigned and ruled on a I believe a 1507 motion that is now under appeal and I think that appeal is still ongoing.

[00:02:13]>> Yes, sir. And then subsequent to that um we have these pending or this pending motion to correct illegal sentence that got set before judge colons until it is now before me.

[00:02:27]I don't know of any reason why I would have u any conflict uh in hearing this motion to correct legal sentence. So I plan on keeping this myself as opposed to reassigning it to the remaining judge that would be available to hear it which would be Judge Reynolds. So, I intend on presiding over this pending motion myself.

[00:02:51]I don't know the whole lot we can do today, Mr. Copeland. Um, as you are very aware, your file is very voluminous, uh, as are your filings.

[00:03:01]Um, and as you correctly noted in your motion, uh, the standard on correction a potentially illegal sentence is the first thing the court must do. And as the statute reads in KSA22-3504, unless the motion and the files and records of the case conclusively show that the defendant is entitled to no relief, the defendant shall have a right to a hearing after reasonable notice, to be fixed by the court, to be personally present, and to have the assistance of counsel in any any proceeding for the correction of an illegal sentence. Um, having just received this case from Judge Collins last week, uh, given the voluminous filings, I have not had a chance to review all the motions, the files and the records regarding this particular issue. So, I'm not a position today to have any sort of evidentiary hearing or to make a determination that um, the motion itself and the records entitle you to a hearing.

[00:04:03]So it's my intent today uh to select a another date by which I will have determined that you are entitled to a hearing or not and if you are we'll appoint you an attorney unless you intend on proceeding prosay.

[00:04:22]Um, I will say if I do conclude that you are entitled to a hearing, uh, and you do want an attorney, uh, I am not going to consider any motions you file per se when you have an attorney appointed to represent you. Any motion you'd want have to be heard. Uh, any correspondence would have to be filed through your attorney. I just want to get that set out now. Um, but if you do have an attorney, anything I review or consider has to come from the attorney. So, just bear that in mind.

[00:04:54]Mr. Fasil, anything you want to add on behalf of the state as far as the courts um plan to proceed in this matter?

[00:05:03]>> No, the honor. Nothing comes to mind.

[00:05:04]>> All right. And Mr. Copelan, any questions, comments, concerns? Yes, sir.

[00:05:10]Go ahead.

[00:05:12]uh in in addition to the to the motion the original motion to correct a legal sentence which clearly shows that uh I should have been released either Febru or April 4th of last year or April 28th of this year uh irregardless of how the court decides to to rule on that. I've also had a motion before this court for uh to expedite these proceedings uh because I should have been released some time ago. That was filed April 28th and has yet to be ruled on. On that same date, I also filed a motion for release after conviction pursuant to 216820B and KSA228042.

[00:05:51]Uh that has yet to be addressed by this court. Uh, so I I would I would ask the court to to consider those those motions as well.

[00:06:06]>> Sure. Well, as you're aware, I'm just now getting this case myself from Judge Collins. So, I I have no control over what occurred since you filed those motions in April from April to today. Um certainly I understand that your position is you've been in jail a year longer than you should be and I will do my best to expedite proceedings and review the case timely and if you are entitled to a hearing get that scheduled as soon as possible. Um so I will expedite things as quickly as I certainly can and that conforms to your availability and Mr. Fasil on behalf of the state and I don't think I've seen your motion for release after conviction. I'm not denying that you filed that, but again, your case is very voluminous. Um, it is my understanding this matters before me just on a motion to correct legal sentence. So, I have not seen that particular motion you referenced. I will look for it in your file and address that >> the 28th uh just FYI, I filed it along with the motion expedite. most expedite basically just pointed out that I I should be released uh regardless of how the court rules either a year ago or a few months ago. Um and then I asked that if the court needs time to go through all this to grant me release after conviction pending uh a determination on be because I'm being held illegally and my civil rights are being violated. Again, I understand that's your position and that's we're going to figure out. So, I'm not in a position to rule on that motion to release after conviction.

[00:07:40]Um, but I will get a hearing date scheduled uh sooner rather than later.

[00:07:48]Now, ordinarily, we have dockets every four weeks, and I don't want you to wait a month between hearings when I would ordinarily be here next. So, I'm going to do my best to find a date before my next docket, which is July 29. I can't promise that, but we will look at our calendars and see if there's a day between now and then, or July 30, rather, uh, that we could reconvene.

[00:08:17]>> U, one other issue on on the appointment of council, if I may.

[00:08:22]>> Go ahead. Uh the the hearing that was held last week uh was started with the judge in the state raising concerns over whether or not this court had jurisdiction. Uh that is a question regarding whether or not I am entitled to relief. And according to the ruling in state v Hogue, I was entitled to have counsel for that hearing. Uh they lay out three if I may. Uh reading the quote from that case. State veh 283 Kansas 219 syllabus paragraph 2. KSA 223504 does not automatically require for full hearing. Upon a filing of a motion to correct a legal sentence. When such a motion is filed, the district court has a duty to make a preliminary examination of the motion. Based upon that preliminary examination, the court can can handle the motion in one of three ways. First, the motion can be denied without a hearing or appointment of counsel, which you would you acknowledge. Uh second, if the district court determines that a substantial issue of fact or law is raised in the motion, a hearing or hearings must be conducted, the defendant is entitled to the assistance of counsel. Third, and this is the one that applies to the last hearing. If the district court is unable to determine from the motion files, and records whether an issue raised may allow relief, the court must consider further conduct further proceedings, including evidentiary hearings. The defendant is entitled to the assistance of council. A determination on whether or not the court had jurisdiction and the information I provided to the court to establish that it did, I believe, would fall under that third exception.

[00:10:05]and I should have had counsel appointed and should have counsel at this point moving forward. Uh, and again, I'm no attorney, but >> Well, I disagree with your analysis, Mr. Copeland. I I I think you're reading that statute incorrectly.

[00:10:21]So, again, I I will review the your motion in detail. All the things you filed to supplement your motion. I'll review the record, review the entire file, and determine whether I believe you are entitled to a full hearing with assistance of counsel. Um, I don't believe the hearing last week, which essentially was just on your motion to recuse. Um, which was granted. So, you got the relief you requested. Uh, whether you should have had an attorney for that particular hearing at this point is moot. You got the relief you wanted. If you want to file some sort of grievance um on the issue that you didn't have an attorney representing you on that motion to recuse which was granted, you're you can pursue that relief, I suppose, but it seems to me to be a moot point since you got what you were requesting.

[00:11:10]Well, I I just at this point, your honor, I I've been dealing with this for years and the the the transcripts are pretty clear what the judge said at sentencing and >> I understand we're not dividing the merits today, Mr. Copeland. I need a chance to go through all that myself.

[00:11:29]So, all we're at this point, all we're doing at this point in time is looking on our calendars to find another date where I will have had a chance to review the file in detail and determine whether we need to schedule an evidentary hearing and appoint you an attorney.

[00:11:45]So, give me a moment to look at my calendar.

[00:11:51]Mr. Fasel, are there particular days of the week that you are not available?

[00:11:58]>> Realistically, judge, looking at my calendar, um the afternoon of the 10th, I would not be available in the morning of 14th.

[00:12:08]Everything else that I can probably get covered over Cali or my other dockets covered. Okay. Or at the very least by Zoom to be able to step out into different ports at different times.

[00:12:19]>> All right.

[00:12:21]I don't know if you're able to hear Mr. Fasil, Mr. Copeland. He was just advising that he would not be available the afternoon of the 10th or the morning of the 14th. Otherwise, he can make it available. So, right now, I'm looking at my calendar to see what days I have that conform with u Mr. Fas's availability.

[00:12:39]And I presume you can be available any time. Is that a fair statement, Mr. Copelan?

[00:12:43]>> Excuse me, sir.

[00:12:44]>> You can be available anytime.

[00:12:47]uh anytime that that KDOC uh you know I'm at their their control.

[00:12:53]>> Gotcha.

[00:13:01]All right. Let me look up one more thing. Give you one moment. Got to check one more calendar.

[00:13:08]>> All right. Mr. Fasil, could you be available by Zoom the morning of the 10th?

[00:13:13]>> Yes, Judge.

[00:13:14]>> Okay. All right. Mr. Mr. Copen, we're going to set this matter for a hearing by Zoom on July 10th. That's Thursday of next week.

[00:13:26]We'll do that at 9:00.

[00:13:29]Is there somebody there at the KDOC that can advise?

[00:13:35]>> Is there with you that can confirm whether you can be available for that day?

[00:13:39]>> Let let me step out and and see if I can grab somebody.

[00:13:42]>> All right. Thank you.

[00:13:46]If that doesn't work as late afternoon, I just have to go over.

[00:13:54]>> Gotcha. Well, we can find out.

[00:13:56]>> U Miss Coup team manager is here, sir.

[00:14:01]>> Good morning, ma'am. We're trying to schedule another hearing for Mr. Copeland, and the date that I was looking at was Thursday of next week.

[00:14:07]That's July 10th at 9:00 by Zoom. Could Mr. Copeland be made available at that date and time?

[00:14:14]Yes, ma'am.

[00:14:15]>> Yeah, sure.

[00:14:16]>> Okay, perfect. Then we will get uh the Zoom link created and sent over to you or I appreciate your time. Thank you.

[00:14:22]>> Ah, thanks.

[00:14:24]>> All right, so Mr. Copeland, what I will do between now and the the 10th is I will review your motion in detail. Uh your authority cited the record and on the 10th I will announce that basically I determined that you're not entitled to relief. um and I will deny the same and you can pursue whatever the the um methods of relief you want to pursue or I'll determine that I think you are entitled to a hearing and we will schedule a matter for evidence or hearing and we'll get an attorney appointed to represent you. So that'll be the plan for the 10th.

[00:14:57]>> Just to confirm, uh the court does have my reply to the state's response.

[00:15:03]Correct.

[00:15:03]>> That is in the court file. Yes.

[00:15:05]>> Okay.

[00:15:09]All right. Uh, any other questions for today, Mr. Copeland? Any questions for the court regarding the plan procedure?

[00:15:16]>> No, sir.

[00:15:17]>> All right. Anything on behalf of the state, Mr. Fasil?

[00:15:20]>> No, you're >> okay. Thank you, Mr. Copen. We'll see you next week.

[00:15:23]>> All right. Thank you.

[00:15:24]>> This is the turning point. The defendant starts using legal arguments to challenge the court, trying to prove his rights were violated. For a moment, it feels strong, but the judge quickly shuts it down and takes control again.

[00:15:37]That shift defines the moment.