In legal proceedings, attorneys must avoid representing clients when a conflict of interest exists, such as when an attorney represents one party while another party involved in the same case testifies against them; courts have the authority to require attorneys to withdraw from representation when such conflicts are identified to ensure fair and ethical legal representation.
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Judge McNally DESTROYS Attorney — “How Can You Represent Her!”Added:
I will be happy to allow you a week if you want to brief this, but it certainly sounds to me like there's a conflict.
I'm not going to make a haphazard guess here. Again, I don't I wasn't there. I didn't handle that case. It'd be a lot easier if I was the presiding judge on that case, but I wasn't. So, if you want to brief it, Ms. Schlossel, I don't want to deny her who she wants to represent her, but I have to I have to when there's a conflict here.
I don't know how you can how you can represent her. I don't care if she waves the conflict or not. That's only part of it.
Wait. Wait. Wait.
So, I want to just make Did you Did the prosecution call Ms. Calgar in that case? No, your honor. I did, your honor. Wait a minute. So, you're representing the husband and you call the the wife who then testifies without being Where was this at? Was this in our courthouse, too? I don't mind bending the rule ever so slightly, but they got to at least have the president here.
So, not office managers.
Okay. So, at least the president. It's preferable, frankly, for a lawyer, but I can look the you know, I can justify this in my mind on a civil infraction as long as the president or a vice president or officer is here. I can't have an office manager.
Have you called them as the president he going to show up? Yes, he's on the phone. He just was driving, so unable to join into the phone zoom. Have him pull over and join. And you give him the the number and have him pump in Holland Logistics in his name, and I will call the case then, okay? So, I'm just asking in the future that you just make sure it's a officer of the corporation on a civil infraction. No officers on misdemeanors. I can't let that happen.
Okay? Okay. Thank you. Thank you.
Franklin Quinn, I'm sorry, Nicholas Quinn Frank. Sorry, 260 240400.
Your name? Nicholas Quinn Frank. All right, you're going to plead to fishing with more lines in the water, right? Two more than two lines in the water, right?
It's a civil infraction. And then they're going to dismiss the misdemeanor, then that's thrown out for you, okay?
Fair enough?
Is that what you want to do? Yeah. To that charge of under section 32448738, how do you plead to that charge, fishing with more two more more than two lines in the water?
Responsible? It's a responsible plea.
It's fine. Okay.
I'll accept your plea. Do you have a license now? Yeah.
Can I see it? Yep. I'll believe.
I'll believe you.
That's what I thought, then. All right, that's all right. I'll believe you.
$40, okay? Go right down the hall. Just make sure you have a license from now on, will you, please? And have a good day. 140's your total. Thank you.
I hope they're reminding them down there to fill out their surveys.
Uh Lisa, would you call down to the desk and make sure they're inviting people to do that so we have some sample sizes.
How are you doing on the desk? Doing great. How are the jobs? Good. We'll have to talk in a second. Uh do you have uh file ready for me? Is that the sentencing matter, girl? Yes. Okay.
All right.
Give me 1 second here, please.
>> People going to say Alexander Madrigal file number 26G306740B.
That's the impaired driving charge. And then I'm also calling the A file uh which was a plea to impeding. Your Your appearance? Good morning, Inspector Alexander Madrigal. Is it stir your name? Alexander Madrigal. All right.
Your client pled the impeding traffic on the civil infraction. The speeding was dismissed. He also pled to operating while impaired with the OWI to be dismissed.
He was referred for a screening and assessment. Have you had a chance to review the report with him and are there any material additions, corrections, or deletions?
>> The report is accurate. No No corrections. Anything that you would like to say? Yes, the matter of for this type of matters are remarkable. Mr. Madrigal has no prior criminal record.
He's 34 years old. He's employed.
Uh the test results were a 0.11 relative to what he would have for this type of OWI.
Uh we would ask the court to consider the response and cost.
No conviction.
Good luck. That's what the honest nature is out on this right now, sir.
They're awful nice.
I knew you were going to ask that on this one and I I can't let my fundamental differences get in the way. So, I don't disagree with you.
Anything you'd like to say, sir? I mean, he's going to do some community service and that type of thing, but I'm not going to place him on probation.
Anything you'd like to say, sir?
No, thank you.
I don't agree with it, but you know what? It doesn't matter what I think.
All right.
I want you to attend the victim's impact panel. That is one night put on by Mothers Against Drunk Drivers, okay?
I'm going to order 3 days jail credit one served two. I'll let you serve those by way of community service, 16 hours community service. He's right, I can't I cannot find a substantial reason, any reason really, to place you on probation with that legislation. So, I'm going to go 300 fines, 450 costs, 75 victims rights fee, $50 justice assessment. So, fines and costs are 875.
Screening fee is 60 for uh 935, you have attorney fees of 40. I'm going to go light on that, 975.
And then $166.57 on the uh cost to recover. So, that should be 1,075, 1,135, 1,141.57 on that. Lisa, will you double-check that? So, you're going to pay 1,141.57.
You're going to do 2 days of community service, which I'm going to give you until June 20th to pay. And one day on the victims you're going to go to one night victims impact panel. And then I'm going to order $150 on the impeding.
So you have a total here of 150 and 129157.
Can you pay that today or do you need time?
How much do you have today?
I I think my mother can help me pay it, but I'm not sure.
Well, can you pay the impeding today?
That's 150.
>> Yes, sir. Can you pay anything more than that today?
>> Yes, sir. How much more?
Probably all of it.
You sure? Yes. Okay. Your mom's going to help you out.
All right. You have 21 days to appeal, 14 days to apply for a court-appointed lawyer. I wish you well. You're still going to meet with probation. They're going to set you up, help you set up the victim impact panel, okay? And tell you where you can do your community service.
I wish you well. Good luck.
No more though. Don't They're They're never going to be this easy again. You understand what I'm saying? You got to write a letter to the legislature and thank them. Have a good day. Thank you, Mr. Hughes.
>> Thank you, miss. Good luck, sir. Thank you, ma'am. Thank you, sir.
All right. Do I have Holland's Logistics president here yet or not?
Doing good. Yes, he's in.
I have a Motorola that I can't identify.
No, it says Say, what is What is your name on there?
He's got to put his Yes, it say Holland Logistics. Honorable Michael K. McManus personal meeting room.
Post hearing we will let >> [clears throat] >> him know Is that the Motorola G? No.
No, this is a iPhone uh Okay, hang on. Hang on. Hang on. Hang on. Hang on.
Is your name Cedric? Yes. Okay, I got it.
All right, people against Holland Logistics through um 6S118410.
Mr. Cedric start your I start your There you are. State your name to me, will you please? Yes, Cedric Holland.
Okay, so you're the you're the president of Holland Logistics, correct? Correct.
And as I understand it, this has been negotiated where you're going to the the company has agreed to plead responsible to overweight with agreed upon fines and costs of $1,900.
Is that right? Yes, sir. And then you're going to have 30 days to pay. Do you agree to that? Yes. On behalf of the company to the charge of overweight, responsible or not responsible?
Responsible. Okay, I'm going to accept the plea. I'll give you until June the I'll just make it June the 8th for you, $1,900, okay? Okay. If you don't have the money, sir, call the court and we'll give you an extension. I'll talk to you on the line, all right? Okay, can I ask a question? Sure. Can we start making payments as of today towards the $1,900 or do they be paid in one lump sum?
Yeah, you can start paying it all now.
Okay.
>> what you mean? Yes.
You you still going to be able to have it paid in 30 days? I'm going to That's That's why I want to start paying today.
If I can start paying today, in 30 days >> I'll tell you what I'll do. Yes, sir.
>> Listen to me.
I don't you know, they they don't I can give you more time. Here's what I'm going to say to you, okay? Okay.
>> You pay Do you want Do you pay $300 due each week?
Okay? Okay.
>> And I'll And I'll have you make your fit first payment beginning on Monday, which is May the 11th, all right? Okay. So, you're going to get about 7 weeks roughly 6 to pay that. Not a problem. I appreciate that. And and then if you need more time or you don't have the 300 on any Monday thereafter, you call the court, we'll go on Zoom, okay?
Appreciate it. All right. And uh appreciate if you'd fill out that survey. They want us to have the Supreme Court wants us to have the surveys completed. There's a public satisfaction survey if you have time, I'd appreciate it. If you don't Yes, no worries.
Listen, that's the least we can do.
No no worries. Good luck. Thank you.
Austin James Messick, 26M676 6 763. I don't uh is he He's on Zoom, he's calling. Okay.
The officer's not here, right? I don't see him. He's off. He's off. He's off.
All right. Where's Austin Messick?
Right here.
Okay, you have to start your video, sir.
I apologize.
It's all right.
Okay, Mr. Messick, tell me your name.
Austin Messick.
All right. You got an You got a valid plate now?
Yeah, I just got sent to me 2 days ago.
Case dismissed. The officer failed to appear. I gave him 15 minutes. It's now what?
Uh 21 or 2 minutes into it. You're all set. I appreciate it. All right, thank you. Have a great day. You as well.
Thank you very much. You're welcome.
[ __ ] you.
The Motorola, do we know who that is, uh Lisa?
No, she won't answer my messages. I tried to put her in a breakout room and they won't move. Motorola Moto G5G, we need you to tell us who you are. We don't know who we're dealing with here.
You got to tell us your name. You got to put it on there. And if you can pop in right now and start it start your video, then, uh, we'll at least know you're here and be able to direct you to the right place.
You have to unmute, too. Unmute and tell me your name.
You have to unmute in the bottom left-hand corner of the screen.
What are they I'm going to remove them.
Yeah.
Yeah.
Hopefully when they log back in, they'll see that they have to put their name in.
Okay. Corporal Jacota and uh, Lieutenant Rembez. Do we know what they're here on? Felonies, I assume.
All Flat Rock felonies today.
Yeah, how you guys how you doing? The attorneys are talking to the prosecutor.
Okay. Are they here on felonies, both of you?
Yes, sir.
Okay. Good enough.
How you doing, Corporal?
You're smiling.
It's a good day, sir. It's a good day.
It's a good day?
We're getting into the spring, anyway.
What's that? I said it's still early, but it's a good day.
Well, that's good.
And and let's see, Corporal Shapenak, we have him on a felony, too, Lisa?
John, do me a favor. Go with the pre-former on this, John. We have from his uh, as Marlo.
>> need to talk to her? Yeah. Yes, sir.
And we'll get you out of here, okay?
Where's the beginning?
>> Nicholas Powers, Nicholas Wayne Powers, come up to the podium. 260238036 A and B.
Good morning. Good morning.
>> Your name? Nicholas Powers.
Did they offer you anything?
They offered me to drop the the fishing violations, even though it was only 3 days expired. I don't know why they're pushing it They're trying to get me on the knot.
They told me I could not do that at this time, which is over a week's pay of a $800 charge.
And uh I I did tell them. Could you pull that up on the screen for me, will you?
Which one do you want?
Mr. I want the one that's with his name and that's going to tell me the fine.
It's a $600 charge.
610.
Okay, so you want a formal hearing? Yes, please. Okay.
When are we going to do the formal Lisa?
19th at 10:30.
May 19th at 10:30 will be your date, okay, sir? So, you're going to go down the hall and they're going to give you a paper notice and then you come back on that date. You do have the right to hire a lawyer if you want.
Am I public defender?
No, it's just a civil infraction.
I can't appoint on civil infraction. Can I call a lawyer?
Will you come on back on May the uh 19th at uh 10:30 and we'll have the hearing, but still go down and get your paper notice. Any questions? No, sir. All right, best of luck. Thanks.
>> You have a good day. You too.
Shel, can you come up here and check in with him? Yes, sir.
Leo He's got to get open county jail that I just tried to call, so hopefully they can get him in. Okay.
Can I bring in a Samsung phone?
Sure.
I noticed it's telling them they have to identify themselves, right? Yes.
I hear saying what Samsung, we need to know who you are, please. You got to tell us your name and uh unmute and tell us your name.
You got to unmute.
Bottom left-hand corner of your screen.
Albert Washington Woods.
Okay.
Wait 1 second. Next time we check in, you have to have your name on there, okay? We can't read minds. We don't know who's who if everybody shows up just on with their phones.
Yes, sir. I'm trying to figure out how to uh do that right now. Well, we got you. We changed it now. So, just in the future, you have to do that, okay? What does he have?
>> you, sir.
He has that PCC. We're just waiting on the attorney to log in.
Okay. Who's his lawyer?
Mr. Dotson. Set for 9:15.
Okay. Charles I'm going to put you back in the waiting room, sir, okay? Just wait there. And he has two search warrants. Do you want him to come in?
I'll be on Do you say you can do it today or tomorrow? He'll be tomorrow.
Yeah, ask him to come in tomorrow. He'll be fine. Charles Ellis Barnes the III.
What's the folio? 26M658175 Your name? Charles Barnes.
What's the second charge here, Lisa?
They got I've never seen this.
I don't think.
No proof of registration, civil infraction. Obviously, I've seen that, but they got the FUG checked. I've never seen the FUG checked. I I don't even know what it means. You Charles We saw that when it came in and we weren't sure, either.
It looks like you tried to charge him.
But, I don't know why.
>> came through as one count.
Yeah.
I don't know.
Anyway, you're charged with unlawful use of a plate.
Um and you have the right to a lawyer if you want one. Otherwise, I can arraign you and send you to the prosecutor. It's up to you.
Thank you, Your Honor.
I'm sorry. No, that's what I said. All right. So, on April 19th at 9:17 p.m. it is alleged that you did operate a motor vehicle on I-75 southbound or civilian Brownstown and that you unlawfully used a plate. That is a misdemeanor punishable by up to a $100 fine, 90 days jail, costs, or all of those. Do you understand that? Yes, sir. And did you sign, read, and understand the advice of rights? Yes. If you plead guilty, you'll be giving up all those rights and there will be no hearing or trial. Do you understand that? Yes, sir. All right. Do you still wish to waive your right to a lawyer? Yes, sir. Not guilty, please enter. $100 personal bond. You cannot leave the state without the written consent of the court or violate a law.
You must appear in court as directed. I think he intended to charge you with the second one, but he checked FUG and I don't have a clue what that means. I don't think it means fugitive.
You'll go outside in the hallway Yes, sir.
and he's going to the prosecutor's going to call you in, okay? And then you can talk to her. Yeah. All right. Finish.
And then either way you're coming back in front of him. Yes.
All right. So, what did you want? The preliminary exam in 2 weeks? Yes, Judge.
If we could set the exam for the 19th, I have received the paper discovery.
Digital was sent to me this morning and then I did want to address one condition of bond.
Okay.
Um Lieutenant Rembis, are you on this one?
I am, Your Honor. Detective Lieutenant Chris Rembis, Flat Rock Police Department. Thank you. So, ma'am, do you understand that you're you have the right to a preliminary examination within 7 days of the date of the probable cause conference, but that your lawyer wants an adjournment until the 19th, which means that that preliminary exam would not take place within 7 days of the date of the probable cause conference. Do you understand that?
Yes, Your Honor. Do you waive that right knowing that your lawyer wants more time to prepare?
Yes. Yes, Your Honor. All right.
I'm going to go ahead and adjourn the preliminary examination. We're going to make it May the 19th.
And that is going to be We'll make it at 10:00. How's that, Miss uh Belcher? That's fine, Your Honor.
That's the day you're coming in late.
So, we're starting at 9:45.
Oh, so I need to make it a little later, you mean?
Yes. Right. Okay. Why don't we make it 10:45? Is that good, Lisa? Yeah, that's good.
10:45, Miss Belcher, okay? Yes, Your Honor. Anything else you said you want to bring up a condition of bond, and that is what? Yes, Your Honor. As a condition of bond, my client was not to return to the address the complaining witness was at the time a neighbor, so my client's been unable to return to her apartment with her minor child. I did speak with the prosecuting attorney on this file, the victim's advocate, Miss Dodge, spoke with the complaining witness and confirmed she's no longer at that apartment complex. She was evicted, I believe, on the 30th of last month.
So, we're asking for that condition to be lifted so that my client can return, knowing that the complaining witness is no longer next door.
Okay.
Call in the prosecutor, will you? John 249.
All right.
So, you want the bond modified so the defendant can return so the uh defendant can return to uh 25811 Valley Creek Drive, correct? It is correct.
And the prosecutor, I'm just going to confirm that she's agreeing to that for that reason, so as to permit the to return to 25811.
Miss Azmar, your name? Stephanie Azmar, Your Honor. I certainly have no reason at all to doubt Miss Belcher's word, but she's saying you If you guys agree to a bond modification I will. You can write it right on here and then I don't have to bother you, okay?
But you But you were agreeing that the defendant can return to the her residence at 25811 Valley Creek Drive apartment 1112 because the uh Yes.
>> has left the residence next door, right?
I have a victim witness subpoena for the uh victim in this case and she did say that she's no longer at that residence and I had noticed that was quite close.
That's all right. I'm going to go ahead and order that uh while you to return there, ma'ams. And that is apartment 1112, correct? For whatever reason there's a little discrepancy on this file. Is that right, ma'am?
No, I live in apartment 1111. She lived in apartment 1112.
>> Yeah, that's okay.
Uh So you can go back to that apartment 1111 at 25811 Valley Creek Drive.
Yes.
>> And uh you can do that today.
Anything else, Ms. Belcher? No, Your Honor. Have a great day, Ms. Belcher.
Thank you.
>> You, too.
Skarina Jesse Jinks Skarina 23F712753 That's Mr. Gannicus. He's in a breakout room with another client and Skarina is the one that's coming in person.
Okay. Philip Conklin Is Philip Conklin ready to go here, Philip?
Russell Conklin That's also Mr. Gannicus. He's in a breakout room with him.
Okay, so he has Skarina and he has Conklin. Okay, good enough.
Do I have uh Camille Hamsey Awad Yes, your honor. That's me. Okay, that's 260240064.
Sir, your name?
Uh Camille Awad. All right, so they're going to go ahead and dismiss this.
Right? Uh yes, your honor. Did you have a fishing license? Uh yes, your honor. I did.
Okay, good enough. So, the prosecutor's satisfied.
Case dismissed. Again, everybody out there, the Supreme Court wants us to take this public satisfaction survey.
So, if you could take a minute, we'd appreciate it. If not, I understand.
Uh who else do I have besides Conk- You're all set, sir. Your case is dismissed. All right, thank you so much, your honor. Thank you.
All right, so what do I have now? I just I'm waiting on Mr. Gannicus for Conklin and Scarinza, right? I think that Excuse me, I think they're ready on Cowger, also.
That was a special prosecutor.
Good morning.
How are you?
Good.
All right.
Mr. Davis Tucker Davis, do you need your speak to your client? Is he there, Lisa?
Yes, he is.
>> Is Schlosser Is that your case with the special prosecutor?
Yes.
And that defendant's name is Cowger.
Do we have that one?
Your honor, I'm the prosecutor on Cowger. Although, I believe that it's attorney Ben Gannicus' case.
Um I filed my appearance this morning.
But Conklin and Scarinza here, I'm waiting on Mr. Scarinza. Are you Mr. Scarinza?
Okay, good enough. Well, as soon as your lawyer comes out of the breakout room, I'll call that, okay? Nicole Savage Nicole Gwen Savage This is 269706855.
Good morning, Judge. Attorney Thomas 4077177.
Appearing on behalf of the defendant Nancy Savage. Thank you, please. Nicole Glenn Savage?
>> So, these are just recommendations. I need to confirm that with her.
Uh with the prosecutor. So, we're who what prosecutor were you dealing with?
>> I believe Nory Alway.
Oh, yeah. Mr. Miss Alway. I want to name Miss Alway in here.
All right. So, I have a stipulated plea agreement here, ma'am.
That says the prosecutor that says that she is going to plead that correct me if I'm wrong.
Good morning, Your Honor.
Do you want my name on the record? I do.
I'm William Cook.
Give me 1 second. Will you please both?
First of all, I want to just confirm that this is um the when you say batterer's counseling, that's a 26-week batterer's program. I don't know whether this merits that or not. I don't know anything about the case.
But, I think we had this arrangement before.
Your Honor, I apologize. I did not know prosecutor recognized on the form, but just to be clear for the record, that is a recommendation. Um so, if the court has a different domestic program that it deems more appropriate, I would have no objection to that.
>> All right. So, these are recommended.
It's not part of the sentence agreement.
Correct? Now, she had something in 2019.
Lisa, I'd like you to check that that was assaultive in nature.
Did you see that? I I did, Your right. I looked at the the file back when I offered this plea offer.
I I don't recall exactly when that It was assault or an assault and battery and it says dismissed, which makes me think it was taken under section 771.1.
And that >> It was, Judge.
So, when you Yeah, it doesn't clarify that for me, but I can look at it then.
Well, you can count on that whenever there's a dismissal with fines and costs. Back 30 years ago, it was all right to dismiss upon payment of fines and costs and they did there was no problem and then the language changed and we cannot dismiss a case uh upon payment of fines and costs. So, now the question is whether or not she qualifies under 7694A.
When an individual has not been convicted previously of an assaultive crime, pleads guilty to or is found guilty of a of a violation of this section, um that she qualifies.
Because she really was convicted and then it was dismissed.
My understanding is if it there's a previous assault conviction or plea that you can't take it under 7694A. If you guys want to talk about it further, Mr. Quartz, I'll be glad to let you do that.
Yeah, if you wouldn't mind, I'll just Can we have a side of journal that aside?
>> I don't have a I don't have an issue with that. I have a problem, yeah.
Um this case has been going on, though.
So, I'm going to just adjourn it 1 week, okay?
If you'll be available next week, May 12th.
Yes. honor. I'll make it 8:30? Yes, sir. I'll be on this bench.
Okay. 8:30, okay, ma'am. You're going to go down the hall and get your notice.
Thank you.
Do I have any of these other felonies ready?
Yes, your honor. The people are ready on Cowger.
I don't have Cowger.
Judge, it might still be with the prosecutor cuz it had a special a special prosecutor. It might have went in with um Miss Asmaro by mistake. Let's take Can you go check, Jen?
Stevie Sterling Joseph Wright.
Let's take that 26703678.
Miss Tucker, are you ready?
She's in a breakout room. Mr. Gonick is here. Okay, people against Philip Russell Conklin 26R705091 and 25R713371.
Good morning, Mr. Gonick. Your appearance? Good morning, your honor.
Ben Gonick, on behalf of Mr. Conklin for both files.
Okay. Where is Mr. Conklin? He was in the Wayne County Jail. I just met with him in a breakout room. He should have come back in the courtroom. He's in Oakland. I just brought him back in.
Okay. Okay. Mr. Conklin, uh tell me your name, please.
They may I don't know why they would have taken him back.
Neither.
Mr. Gonick, um did you talk to him about the fact that you were asking for an adjournment?
Yes, I did. There he is. Mr. Conklin, your name?
Uh Philip Russell Conklin.
I'm sorry, what's your name?
Philip Russell Conklin.
This isn't the guy, right? Yeah, it is.
I I I have a phone. I I'm hearing Are you Mr. Conklin?
Yes.
I'm having a hard time hearing you. Can you get closer to the device and keep your voice up, please?
State your name again.
Philip Russell Conklin. Okay, that's better. So, your lawyer's asking me to adjourn this case, the PCC, it looks like from the step for a week to May the 12th, and then the preliminary examination to May the 19th.
Uh do you agree to that?
Yes, I do.
All right, so what time are we going to do on the 12th, Lisa? The night at 9:30, is that okay?
Yes, 9:30.
And then what about on the 19th? 11:00.
11:00 a.m. sharp.
Okay, so we'll we'll see you next week.
So, that's that's what we're doing. May the 12th and May the 19th. So, your pre- PCC will be next week. Your preliminary exam will be the following week, and we will see you here next week at 9:30 and then at 11:00 in the morning if it goes that far on the 19th. Okay?
Yeah, thank you.
Any questions?
No, that's it. All right, you're all set. Anything else on that, Mr. Organek?
Uh no, sir.
Thank you.
Mr. Skurina, has the OWI 3, correct?
There's just one file, right? And that's yours? Correct. Come on up here, sir.
Jesse James Skurina, uh 23F712 7 53. Your name? Jesse James Scarena. All right, Mr. Gannick.
Your honor, I was uh Ben Gannick for Mr. Scarena. Your honor, I was appointed to him late last night and they didn't give me any contact information for him.
And um I guess A, I need some contact information so I can talk to his to him about his case.
But in the meantime, I don't have any discovery so I was going to request an adjournment of the PCC for a week and then do the same thing that we did with Mr. Conklin, have the uh exam, you know, a week later. Do you feel comfortable him stating his phone number on on record or you want him to do it some other way? Whatever he feels comfortable with.
>> What do you feel comfortable with? It's okay either way, but I don't know my own phone number.
Well, well, your lawyer has to be able to get a hold of you.
My aunt has already done it. I got my phone with me, but I don't know how to look it up on a phone.
I'm not going to give you the smart phone. Well, that's okay. Listen, Mr. Gannick, I'm going to give him your number. Would you repeat your number to me for him, please? Sure, 313 574 3355 So, why don't you go out and call Mr. Gannick right when we conclude with this? Are you available or you want me to call you now?
>> no, no, tell him to get that's all that'd be great, Judge.
So, I'm going to give you this sticker.
It's got his phone number on there and you co- go call him as soon as you get your paperwork. He's he's telling me he just got appointed. He wants to be able to talk to you. He needs to talk to you so he can he can prepare a defense here, okay? So, I'm going to go ahead and adjourn this a week on the PCC, May 12th at uh what are we going to do? What I give you on the other one? 9:30? Yes, sir. We'll make it 9:30 and then I'll make your preliminary exam on the 19th at 11:00, okay? Okay.
Is So, you go call him right now, but first go down the hall. We're going to give you a paper notice. Do you understand that?
>> Yes, sir.
You are all set. Thank you.
Thank you, Your Honor. Have a nice day.
>> Thanks. Hey, you too, Mr. Kanak. Take care. Thank you.
Is Is Sterling Wright ready with Ms. Tucker Davis?
Breakout room.
Okay, now I've got Calger. Stephanie Nicole Calger.
260709107.
Okay, so you entered an appearance on this, Ms. Schlossel Ms. Schlossel? Yes.
Okay, your appearance?
Deborah Schlossel P56420 on behalf of the defendant Ms. Stephanie Calger Ms. Calger Calger, please state your name.
She's not on >> her in. I'm bringing her in right now.
Okay.
>> Sorry, Your Honor. That's all right.
Not a problem.
Okay, ma'am, you have to unmute and tell me your name, please.
There you go.
>> Stephanie Calger.
All right, so your lawyer has just stated her appearance. You posted your bond, and we have a PCC scheduled for today and a preliminary exam for the 12th. Did you already talk to the prosecutor on this one, Ms. Schlossel?
Your Honor, may I make a record of something real quick?
Sure. I'm sorry. Ms. Kahalin, your your name I My apology. That's okay. Claire Kahalin on behalf of the people P88772.
Who are you related to? All of them.
All the Kahalins that you're thinking of. You'll probably be a judge someday.
Don't move [laughter] down here and run against me, okay? All right, go ahead.
What do you want to say? Um yeah, so um the defendant in this case is charged due to a matter that occurred with her husband. Um and that case he was charged with criminal multiple counts of criminal sexual conduct. They're Those cases are intrinsically connected and intertwined.
And so, the dad's preliminary examination was held on the 30th of April. Um and before dad's preliminary examination, attorney Deborah Schlessel told me that she would be representing mom. Um but however, mom testified in that examination. She was not read her rights before she testified. Um and there has been no record made of whether both the defendant in this case, Ms. Stephanie Calger, and the defendant in the dad's case, Christopher Calger, waived that conflict of interest because there is a huge and extremely severe conflict conflict of interest in this case here.
So, so you represented the husband, too, Ms. Schlessel? Correct. Your Honor, they have a unified defense and um Ms. Calger waives any conflict in in conflict of interest.
Your Honor, she has to do it on the >> Wait, wait, wait.
So, I want to just make Did you Did the prosecution call Ms. Calger in that case? No, Your Honor. I did, Your Honor. Wait a minute. So, you you're representing the husband and you called the the wife who then testifies without being Where was this at? Was this in our courthouse, too? Yes, Your Honor. So, the question. So, then Ms. Calger made incriminating statements? Is that what happened? Yes, Your Honor. Your Honor, I disagree that she said anything incriminating.
Well, wait a minute. That's What did Can you tell me, Ms. Cahalen? You were on that case, right? Yes, Your Honor.
What What did she state under oath? Um Your Honor, >> Just generally speaking, summarizing.
Yes, Your Honor. She stated completely opposite of what her statement was to the police in her interrogation um when she was under oath. So, they completely are opposite from one another regarding her case.
All right. So, So, be more specific. She told the police what during her interrogation? She told the police during her interrogation that she had witnessed certain things and had been told about certain things about the sexual misconduct that was going on and then under oath testified to not witnessing this and not actually being told, only being told very briefly about some things.
Your Honor, if I may respond, Ms. Kelber stated on the record that she never said those things to the police and that the police got it wrong.
Your Honor, that's not true. I have video cam of the entire interrogation.
Which has been sent over to Ms. Debbie Schlussel.
I don't know how you can how you can represent her. I don't care if she waives the conflict or not. That's only part of it.
Your Honor, then if the court requires, I will withdraw from representation of Ms. Kelber and she can go back to Mr. Gonick if if the court prefers that.
I mean I will be happy to allow you a week if you want to brief this, but it certainly sounds to me like there's a conflict.
I'm not going to make a half-hazard guess here, but it certainly sounds to me like there is and if there is for your protection, too.
I don't think you should be involved in this case, but that's my feeling. If you want to brief it, but again, I don't I wasn't there. I didn't handle that case.
It'd be a lot easier if I was the presiding judge on that case, but I wasn't. So, if you want to brief it Ms. Schlussel, I I want to deny her who she wants to represent her, but I have to. I have to when there's a conflict here. So, if you want to brief it, I'll give you a few days, but I got but but I do want to move this along.
Do you want to brief it and tell me why there's no conflict and the prosecutor can file a brief and they can um provide excerpts. Do you have the transcript yet, Ms. Cahalen? No, we don't, Your Honor. We're waiting on one.
I've Yeah, I've been requested.
>> Your Honor, given the statements that have been made by Ms. Cahalen and the court, even though I dispute what Ms. Cahalen is saying, I don't want to create any issues for myself or more importantly for Ms. Calger, so I will withdraw my representation and she, I believe, will want to seek a court-appointed or another counsel.
I want to be clear.
I'm only saying at this point it certainly sounds like there's a conflict of interest.
If you If you think differently, you can file a brief.
If you don't think differently, or at least feel that it's in the best interest of Ms. Calger for you to withdraw, then that's certainly your prerogative.
I'm going to let you go into a breakout room, I think, and discuss it with Ms. Calger and then you can come back and tell me which of the options you choose.
Okay.
>> do do choose to withdraw, then we're going to go back and have Mr. Gonick, I think, reappointed on this, Lisa, okay?
So, why don't you take a few minutes and talk to Ms. Calger, and then you can come back in and tell me what your position is, okay?
>> Okay, thank you. Thank you. Thank you, Your >> another case here, Ms. Cahalen, or just this one? Just this one, Your Honor. All right, thank you. I'll just ask you to be patient while she does that, okay?
Yes, of course. Thank you.
>> Thank you. Steven Joseph Wright.
26B703678 May it please this honorable court, Don Tucker Davis representing Mr. Sherwin Joseph Wright, who is present on Zoom with his permission, your honor.
Morning, Mr. Wright, and good morning to you, too, Ms. Tucker Davis. Your name, Mr. Wright?
I didn't hear you.
Sherwin Wright.
Okay, so your lawyer you want to adjourn the PCC for a week, right?
Yes, would you like >> exam for 2 weeks. So, we'll give you a May the 12th at at uh 9:30.
And I'll give you May the 19th for the preliminary exam.
At We're going to do 11 still, Lisa?
Yes.
At 11:00 a.m. So, the PCC will be 1 week from today at 9:30.
And the preliminary exam will be May 19th at 11:00, okay, Mr. Wright? Do you have any objection to that at all, sir?
I didn't hear you. I don't know why I'm having Uh no no, your honor. No.
>> Okay, thank you. Do you have any questions for me? I don't want you to talk about the case much at at all, really. I just want to know if you have any questions.
Uh not not as of right now, no. Okay.
Thanks, Ms. Davis. Anything else? Uh that'll be all. Thank you, your honor.
Have a great day. Thank you very much.
Good luck, sir.
Thank you.
Judge, I think the civil case is ready, also.
Okay. You know, that's going to take a minute, too, I think. So, let me try to get through some of these other ones real quick. Christopher Michael Hep Street uh 260709520.
Good morning.
>> Good morning, Judge and staff. John Graziani, P number 43387.
I'm here on behalf of Mr. Christopher >> How are you, Mr. Graziani? Please identify yourself, sir. Mr. Hep Street.
>> Please say it again.
You want an adjournment?
>> That's correct.
>> weeks? Two?
>> Two weeks I'd prefer, Judge.
>> We'll adjourn to May the 19th. Please say it.
10:30.
10:30. Thank you, Judge. Okay. Anything else, Mr. Graziani? Um are there any questions on the charge, particularly with regard to your son? Is he in custody of your ex-wife? Yes, yes, she is. Okay, thank you. Has there been any contact?
>> No. Okay, you're going to have to continue on with the court orders. I'll be complying. Okay. Anything else, Judge? No, not at all. Thank you very much. Sir, go down the hall and get your notice, please.
Okay. Stephen Brian Goodman This is 260724321.
John Graziani on behalf of Stephen Goodman. Mr. Goodman is stating my love Please identify yourself, sir. Stephen Goodman Jr. May 19th? Yes, Judge. He wants an adjournment on this one, so I'll do the same thing. May 19th at 10:30, right?
>> Isn't that the time I gave him on the other one?
Yes, sir.
>> Yes. That's what I'll do. May the 19th.
Thank you very much. I'll be back here for Thank you.
This name is Kauthar. Is uh uh Miss Kauthar out yet?
And uh Miss Schlossel or not? No, they're still in a breakout room.
Lisa She filed an appearance, right? Yes, this morning.
All right.
I'm going to have her Well, we'll see what she says. All right, let's bring the lawyers in on the civil case, which I do not have, by the way, Jennifer Weisman.
Yeah, you do. I do? Oh, I do.
Think I'm sorry.
I keep forgetting I don't have file folders on these. Trent Associates versus Twin Bridge Enterprises Inc.
2601067.
Uh good morning, gentlemen. Mr. Harris, your appearance. Good morning, Judge.
Dennis Harris, P 35791, appearing on behalf of Trent Associates LP.
And good morning, Your Honor. Attorney Angelo D'Onafrio, P81836, on behalf of the defendant and the moving party in this matter.
All right. And uh your name over there, Mr. uh We have Shawn Twin Bridges. Can you tell me your name? Yes, Shawn Freeze, Twin Bridges Enterprises.
So, guys, I read this. Mr. Harris, do you agree there should be a stay? No, I don't, Judge. Judge, this is The funny thing about this is there is no legal basis why the defendants should be entitled to store these trailers on my client's property. They they have no lease, they have no rights. I did a 30-day termination of any right to keep that they may allege they have. But they have I'm basically they rented the trailers to another party. The trailers got stored on our property. We terminated everybody's interest. We just want the trailers off the property. I see. You have to take them off, Mr. D'Onafrio.
Well, Your Honor, if there had been no motion for reconsideration filed by Mr. Harris's client in the binding circuit court case matter, I would certainly agree with the court. However, what happened was is that and I put this in the motion, but I'm going going going to try to be brief. is that an order came down from the circuit court in that Danu Enterprises Inc., which is one of the many entities that is owned by the same principal as Triton Associates and another company called 1206 Street. That order said that the trailers were supposed to be emptied and returned to my client within 7 days.
Mr. Harris' client in the circuit court action in which he represents that client and Danu's Enterprises Inc.'s attorneys both filed motions for reconsideration staying the enforcement of that order. And frankly, Your Honor, if it's if it's such that they want to stay the enforcement of that order and I think that the court would be in its in in within its power to at least grant a stay in this case because frankly, if the court if they had complied and empty the trailers, we wouldn't be here today.
But I didn't ask for a stay of that order in the circuit court and we're talking, Your Honor, about a 50 to 60,000 dollar question in that if my client is forced to pay for the removal of these items from the trailer, then that's a cost that is that has to be borne by my client rather than Danu who's already been ordered to do it. But there's the secondary issue of the liability associated with disposing of personal property that doesn't belong to my client and the circuit court's order had resolved all of that issue. But now they've asked for a stay, both the defendants who are owned by the same principal. So I think that the court should stay this. I I I hate to use the expression what's good for the goose is good for the gander, but the issue is is that I didn't ask for that stay and now I think my client would be at a severe prejudice and face liability, frankly, if he's forced to remove these trailers and remove the property that's in it.
In them, I should say. And we're talking 44 trailers, Your Honor, that are 53 feet long each and there's a lot of stuff in those trailers.
And Judge, so it's clear, my client doesn't care what he does with the trailers as long as they're off his property. They have no right to There's no There's no legal basis by which they have a right to keep those trailers on my property. Period. End of story. The The They They have no lease. They pay no rent. They They're There's I don't care what happens to the contents of the trailers. My client doesn't care, but he has every right to say, "Get the trailers off my property."
They were served with a 30-day notice to quit. That basically terminated whatever they wanted to allege they had.
And they don't have a written lease.
They have an alleged written lease. They basically have no right to store the trailers on our property. We don't care what happens to the contents. We just want the trailers off our property, which is what they stipulated to do.
They've already retained They've already got property elsewhere. They started to remove the trailers. And then the circuit court act, it's the use that is an excuse to say, "We're not going to remove them anymore." They need to get the trailers off our property, which is what they agreed to do. We are kind enough to give them 60 days to get the trailers off the property.
All right.
Anything else, Mr. D'Onofrio? Yes, Your Honor. The March 24th, 25th, 26th order in the circuit court, the one I keep referencing, that order actually says that Daniel was ordered not only to Daniel being the brother entity of the plaintiff in this case is supposed to not only clean the empty out those trailers at its own expense, but it's also supposed to return the trailers to my client. That's in the order. That's language in the order. But by filing a motion for reconsideration, they are now, in a sense, keeping the trailers. So, they can't, on the one hand, argue, "Well, we want them gone, but we also want to stay enforcement of the order where we're supposed to give them back to you in the circuit court and Mr. Harris on behalf of Trent and Associates filed the same motion for reconsideration in that circuit court case. So, with with all due respect, I think he's talking out of both sides of his mouth and that we want them gone, but we filed a motion saying we're keeping them because the court order says to give them to >> Here's what I'm going to do.
I'm going to enter I'm going to ask Mr. Harris, you're going to prepare an order. Defendant shall vacate on or before June 12th.
And plaintiff might may file an application and order for eviction on or after June the 15th. That will give you an opportunity to go to the Wayne County Circuit Court and ask the Wayne County Circuit Court judge Annette Berry to stay this action.
So, you better get your motion in. So, I'm going to do that. If I don't have an order staying this action by June the 12th, I'm going to sign the application and order for a writ on the 15th or whenever it's presented by Mr. Harris.
Okay? Thank you, Your Honor. I don't care.
Go ahead, Mr. Harris. I'm sorry. Just so I'm clear, so the order shall state the trailers shall be removed by June 12th and if not, an order to evict can issue on June 15th. Correct. Okay. Thank you, Judge.
>> Submit that over here, gentlemen, and have a good day. Thank you very much.
Thank you, Your Honor. Mr. Freeze, I'll talk to you after. Thank you.
All right.
Do I have Miss Schlussel? Miss Schlussel. Okay. I want Miss There you are. Stephanie Nicole Calgar, 26B7109107.
Miss Schlussel, your name?
Deborah Schlussel.
Miss Calgar, your name?
Stephanie Calgar. And Miss Cahalan?
Claire Cahalan.
All right, Miss Schlossel, what have you decided to do?
Your Honor, after discussing this with Miss Calger, she has decided and we have mutually decided that I will withdraw as her attorney and she would like to go back to Mr. Gonick if that is possible.
And you agree to that, Miss Calger?
Yes, Your Honor.
All right. So, I'm going to go ahead and grant that request. I'm going to ask you, Miss Schlossel, to to submit a stip in order and you should CC the the prosecutor on that stip indicating that you are uh that the two of you mutually agree that you will withdraw as her attorney in this action and then I will reappoint Mr. Gonick. Can you get me in that get that into me today, please?
Your Honor, I am in court all day and I'm in Lapeer all day tomorrow.
>> Yes, absolutely. Maybe even tonight.
Okay. Uh so, we'll get that at least in the meantime go back to MIZDC and tell them that Miss Schlossel is going to withdraw and we are going to have Mr. I'm assuming they're going to have Mr. Gonick reappointed. And you could just set it next week then.
Uh Miss Calger, so you're to be back here next week at 9:30 and we will have Mr. Next Tuesday, May the 12th, and we will have Mr. Gonick back here at that time. But again, Miss C, you're going to just going to have to confirm that MIZDC is going to go ahead and appoint him again, okay? Okay.
Anything else, Miss Cahalan? No, Your Honor, that's all. Anything else, Miss Schlossel?
No, Your Honor, thank you. Anything else, Miss Calger?
No, Your Honor. Okay, have a good day.
We'll see you guys here next week or at least a couple of you. Thank you. Oh, Your Honor, there What actually there's Your Honor.
What?
There's one quick thing I wanted to ask the court. So, it's a it's a technical issue. Ms. Kelger was given a map of where she's not to go.
And that map is in Colorado.
Um How Hang on. Hang on.
Map of where she's not to go?
Yes, so pursuant to the tether that she has, she's not allowed to go anywhere near the complaining witness. And >> the complaining witness live in the Colorado?
No, your honor. Um your honor, I've been in touch with the officer in charge on this case, the OIC, and he has a contact for me to be able to talk to the tether unit to get that figured out.
Detective Morrison, are you on this?
Yes, your honor. Yes, your honor. Turn your sergeant video please and tell me your name.
Detective Sergeant Morrison, Brownstown Police Department. So, tell me what's going on. I don't understand. I just ordered not to be released until fitted with a GPS tether, not to be within 2 miles of the victim, her residence or place of employment. I don't understand what what in the world Colorado has to do with this.
Nothing. I No, I don't think anyone knows, your honor.
Well, did the tether unit say she can't go to Colorado, set it like that?
That's what we're being told. Yeah. Is that true, Ms. Slussell? Yes, your honor. I've looked at the map. It features a freeway or a highway that's an interstate in Colorado that does not touch >> Listen, listen, this is what we'll do.
Lisa, send the commitment or the mittimus back to the tether unit and tell them to check into that that and and highlight my my previous order on the mittimus that we sent them and ask if they figure it out, but don't let she shouldn't go to Colorado or any other place until we get this resolved.
She's not planning to go to Colorado, right?
No, your honor, the reason I bring it up is that you ordered her not to be within 2 miles of the complaining witness. She does not want to violate that and so if the Colorado map is not correct, we would like to know where it is she's not supposed to go so that she does not violate unknowingly. Where does the victim reside? Do we know that?
I do know that, your honor.
I would not like to say exactly where she lives.
>> I get it. Uh Look, is is it possible to say the city?
Well, you want me to proceed. I I I will let's let's just Let me just have them send it back to Metamucil.
And Miss Kaylen, you and Detective Morrison, I'm going to ask you to figure this out and talk to the tether unit.
Now, unless the victim's in Colorado, that's silly, but uh it doesn't sound like she is. So, Miss Kalgar, let me just check something.
Unless somebody can thinks of something can think of something else I can do to resolve this, I don't >> Judge, I have a contact at the tether unit. I'll get a hold of them. Okay.
>> And send it all over. Talk to Sergeant Morrison and the and the APA and make sure that's taken care of. Will you please as as soon as you can, Lisa? Yep.
I'll take care of it.
>> Thank you very much. I'll see you next week, Miss Kalgar. Thank you. Thanks, Miss Kaylen. Thank you.
>> Thank you, your honor. Thank you, your honor.
Charles Ellis Bonds the third, 26M658175.
Yes, sir. All right. So, you got was a Your name? Charles Bonfiglio. It was a rental car. That was a rental car? Yes, it was a Yes, it actually was a semi rental.
All right. So, you're going to plead to impeding traffic, right?
Yes, sir. All right. And that's a civil infraction, you understand that. It's not a misdemeanor, right? Yes, sir.
Okay. To that charge of impeding traffic, responsible or not responsible?
>> Responsible. Please accept it. Original charge dismissed. So, we're dismissing the misdemeanor. 150 is your total. You can go down the hall, pay that, and you're all set. Can I Can I pay with a phone later in the day? Yeah. I have a question. Yeah, no problem. So, I'll just give you till 3:00. Is that good?
Yes, sir. So, you pay that by 3:00 p.m.
today. Yes, sir.
Any questions otherwise?
Have a good day. Good luck. Thank you.
>> Thank you.
Anything else down there?
Mr. Docks, do you have one ready for me or not?
Good morning, Your Honor. I'm with I'm going to speak to the prosecutor.
Oh, you you're going to be in to see the prosecutor? Okay. All right. You go ahead. I'm going to take a 5-minute recess. In this courtroom moment, a criminal case nearly falls apart because the alleged victim suddenly disappears.
A defense attorney steps forward asking the judge to dismiss the case entirely, arguing that prosecutors can't even get in contact with the complaining witness anymore.
The courtroom gets tense fast. The judge starts asking direct questions.
"What's the basis for dismissal?"
The defense explains they already handed over evidence supporting their client, but now the witness won't answer calls or cooperate with prosecutors. Without that witness, the entire case could collapse before trial even begins.
But the judge refuses to end it immediately. Instead, he sets a jury trial date and gives prosecutors one final chance to bring the witness into court. Then comes the warning that changes everything.
"Victim doesn't appear? I'm going to dismiss the case."
Suddenly, the pressure shifts completely onto the prosecution.
Then, in a lighter moment, one attorney jokes about getting a speeding ticket while driving to court, making the entire courtroom laugh for a second before business continues.
But underneath the jokes is a serious reality.
In criminal court, if the key witness disappears, the entire case can disappear with them.
Like and subscribe for more real courtroom moments.
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