Mom DEFENDS Her Son in Court—Judge's Final Decision STUNS Everyone

[00:00:00]Welcome to Judge News. Let's see what happens when the judge hears this case.

[00:00:12]The uh document that court did refer me to. Um I would like his mother is here who has been testing him through this entire period. Um, I would like >> She has been testing him.

[00:00:30]>> She's been testing him. I would like you to hear from her if you're willing to uh listen prior to a request I'm going to make to uh possibly delay or adjourn this for a couple of short weeks while my client this stuff is moving out of his system.

[00:00:50]He's been compliant in terms of showing up except for one day he missed work, but he went in the next day.

[00:00:58]He claims he has not used since he got out of jail. Well, actually before he went into jail for the 10 days. And we would ask that your honor if >> that was in your he was released from jail on May 15th. May. That's what I thought.

[00:01:20]>> Right.

[00:01:23]>> And he's saying he hasn't used since May 15th >> before then because he was in there for 10 days.

[00:01:31]>> He went in May second.

[00:01:37]>> I mean, I'll Well, Mr. Wagner, I'll certainly hear from mom, but I would also indicate to you that um part of my It shouldn't be in his system this long.

[00:01:53]>> And your honor, I just wanted to update the court. They do have another test that he did on July 8th that also came clean. So >> July 8th came back clean.

[00:02:02]>> Uh so July 2nd and July 8th he's had clean tests.

[00:02:09]>> Well, right, except >> correct. There's been a month and a half. Well, no. I'm talking on July 2nd.

[00:02:18]I'm not sure that that's a clean test only because >> clear, but I do see the creatin.

[00:02:24]>> The creatin >> creatin comes generally through energy drinks as well, your honor. And it may not be a violation.

[00:02:32]>> Um, yeah, I know, but let's put it this way. He's positive on the 27th of June and then the second he's negative. But I have abnormal creatinin and never had abnormal creatinin throughout any of the testing that's listed here. So that >> first one for me too.

[00:02:58]>> Yeah. So that's a problem um in my mind.

[00:03:01]Um I'll hear from his mother if it's what you wish me to do.

[00:03:05]>> Ma'am, can you come forward?

[00:03:10]>> [laughter] >> Yeah.

[00:03:18]>> Good morning.

[00:03:19]>> Morning.

[00:03:20]>> Which I know you're nervous.

[00:03:21]>> I've never been here before. I don't know the >> You know, me too. I feel that I feel that way every day. [laughter] All right. What's your name here?

[00:03:28]>> Uh Tracy Kudson.

[00:03:29]>> All right. What did you want to tell me?

[00:03:31]>> I just that I I bought these. He was a regular user prior to all these events.

[00:03:38]And I purchased a testing kit that tests for five levels of THC in the urine. And throughout the time that through the course of May and June, I was able to see him clear the levels of the testing kit. you know within one one or two weeks passed another level would clear negative but at the more sensitive levels it took him longer to pass. So I believe that he was not using any substances. I don't know about the I don't know what that is. Um, >> sorry.

[00:04:19]>> So, I can't speak to that, but um, anyway, he over time, but it did take him a month and a half to clear through the at home test kit that I was able to purchase online. I mean, I know it's not uh the same level of testing that they do here. So that's all that just wanted to say that at home I was able to see improvements.

[00:04:48]>> I thank you for that.

[00:04:50]>> And I I know that uh it does, you know, I've just been told it takes because I was frustrated. [laughter] Why aren't you testing negative?

[00:04:58]>> I know. So I know that it takes a long time to get out of the system and he was a regular unfortunate daily user before.

[00:05:06]>> Yeah. And I mean, all right. I mean, I get it.

[00:05:18]And just so that you know, the creatinin level or his abnormal creatinin and I'm not sure which test you got, but so it doesn't but that doesn't matter. Um, there are ways particularly with some of the levels that those tests can be fooled and our test picks up other things. I don't How long have you been testing him?

[00:05:53]>> When did you start testing?

[00:05:54]>> Oh, two years ago. [laughter] >> Okay. Well, I mean, he was always testing positive on the tests, but this we started this test, this level where had five levels last summer and then again recently just in throughout May and June.

[00:06:13]>> Got it.

[00:06:14]>> But it only tests for THC.

[00:06:16]>> Yeah. No, that's that's fine. And that's for him that seems to be >> his issue. All right. Okay. Anything else you want to tell me?

[00:06:29]>> No, I don't think so. No, just that he's been doing It's really great to see him lately. [laughter] >> It is.

[00:06:36]>> He's been doing great since he's been staying uh sober.

[00:06:42]>> Got it.

[00:06:45]Okay. Thank you. Thanks. And you did fine for not being here, you know, before. Thanks. [laughter] >> Thank you. Sorry.

[00:06:59]Hey man, how old are you?

[00:07:01]>> 20.

[00:07:08]>> Anything you want to tell me?

[00:07:10]>> I can't I >> I said anything you want to tell.

[00:07:13]>> Yeah. I just wanted to say that I was such a heavy user before that that's probably why it took longer to take out of my system. [snorts] I was using every day anytime I could and um I I learned a lot from jail and I stopped using after that and I just I didn't know why the test kept coming back positive.

[00:07:37][clears throat] I have an idea probably why it's coming back positive but I'm not going to go [clears throat] there.

[00:07:43]Okay, here's what I'm going to do.

[00:07:47]I think Mr. Wagner knows me well enough to understand.

[00:07:54]He asked would I hear from mom, he knows I was going to because she knows you better than anybody.

[00:08:02][snorts] And oddly, although sometimes you may not think so, probably loves you more than anybody.

[00:08:12]She's been trying to tell you to stop this.

[00:08:18]Why do you think she's telling you that?

[00:08:21]>> I can't hear him. Can you hear him?

[00:08:23]>> Um, >> you can't hear me?

[00:08:26]>> No, I can't.

[00:08:27]>> Can you get We We got some equipment, Mr. Swagger.

[00:08:32]>> Because she knows it's bad for me and >> I'm not having a Biden moment on.

[00:08:38]She's seen the negative effects it has on me and um all the negative consequences.

[00:08:53]So when she seeing that pleading with you, I'm sure there's just been sort of pleading in prayers on a mother's prayers.

[00:09:07]Why don't you just stop?

[00:09:09]>> Well, I have stopped.

[00:09:12]>> Okay. Before that, before we get into any of this other stuff here, why didn't you stop?

[00:09:19]>> Oh, before the I went to jail.

[00:09:24]>> Um, I was addicted and it it is a much heavier drug than it used to be and um the levels that you can get now are much >> Oh, I know that.

[00:09:37]But here's what I'm going to tell you.

[00:09:45]Sometimes you got to quit making excuses.

[00:09:55]Okay.

[00:09:56]>> Yeah.

[00:09:57]And you got to quit saying that it's this that it's my system that's taking a long time to get out. I don't want to call over and get the levels because I don't think I'm going to like what I see if I do.

[00:10:13]>> I think you're going to like what you see.

[00:10:14]>> No, you don't. Young man, understand something.

[00:10:19]You don't want me to do that because when I do that, it rarely turns out very good. [snorts] >> Well, I'd like you to do that.

[00:10:31]>> I'm not going to do it.

[00:10:35]And here's why.

[00:10:37]I'm going to do what your council asked me to do. I'm going to drain your sentencing now.

[00:10:44]Because see, here's the thing you don't get. All right? And you got to quit. I realize you're 20, but you you want to do things your way. And you're trying to tell me go get the levels. Go whatever.

[00:10:55]I don't even need to get the levels.

[00:10:56]I've got abnameal creatinin. That's a violation. That's a that's a positive task.

[00:11:06]>> So I could send you on that right now.

[00:11:13]>> You understand me?

[00:11:14]>> Yeah.

[00:11:17]>> But I'm going to follow what your attorney asked me to do. I'm going to sentencing.

[00:11:25]>> But here's the catch to it.

[00:11:27]Probation has recommended an additional 5 days.

[00:11:34]I don't know what other things you're taking that are maybe causing the abnormal creatinant.

[00:11:45]Um, but if you come back here, your mom seems like a wonderful person who just cares about her son and has been trying and you haven't been listening.

[00:12:06]I don't like people that don't listen.

[00:12:11]So, the kicker to this is probation's recommended 5 days.

[00:12:16]I'm going to adjourn it out.

[00:12:19]You're going to show to me, but more importantly, show to your mother that you're not using this.

[00:12:30]If you come back with abnormal creatinin or you come back in anything the court determines a positive test, all bets are off.

[00:12:45]Understood. Yep.

[00:12:49]If I might just >> Yes, sir.

[00:12:51]>> And he is taking medications for his bipolar disorder. He has things that you've seen in the sentencing. I I'm my pharmacological expertise is limited. I don't know whether if any of those like he's due for an injection tomorrow and I don't know if those could affect or not affect any of the other uh the creatin.

[00:13:20]>> Yeah. I don't I again Mr. Wagner, here's the problem I'm having. The problem I'm having is he's probably been doing that for a while, right?

[00:13:31]>> And the [clears throat] I'm going to tell you on the face of it there, here's what it looks like to me.

[00:13:38]It looks like I'm positive. I'm positive. I'm positive. I all of a sudden miss a test. I then come back positive. My next test is negative, but I have abnormal creatin.

[00:13:52]When I see that, what that tells me is somebody's trying to mask and I don't have the test afterwards.

[00:14:00]Right.

[00:14:01]>> Yes, sir.

[00:14:03]>> So, that's what it looks like to me.

[00:14:07]>> I was afraid you might come to that conclusion.

[00:14:09]>> Yeah. Exactly. And so quite frankly, had I not heard from his mom and what she's doing, I don't know that I would have followed the 5 days because I don't think he learned anything 10 days if I take this testing that way.

[00:14:29]But I'm going to give him a shot.

[00:14:33]And the shot is this. you know, it's not going to be letting me down cuz I get let down all the time here. So, I'm not worried about that.

[00:14:44]But if you let your mother down, you're going to have a problem with me.

[00:14:51]That's what I'm really trying to get through to you.

[00:14:57]>> Follow me.

[00:14:58]>> Yeah.

[00:15:01]>> Give me that next one. have. What's our give >> 21st? The next one for August 28th after that.

[00:15:13]>> August. All right, let's do that.

[00:15:23]I'm going to adjourn his sentencing August 28th, 2024.

[00:15:43]pain test.

[00:15:44]>> Okay, >> got it.

[00:15:46]>> Yep.

[00:15:47]>> You might want to look up what causes your creatinin to go off. I doubt it's your medication.

[00:15:53]>> Yeah.

[00:15:54]>> So, you might want to look that up and avoid those things.

[00:15:57]>> Okay.

[00:15:58]>> Thank you.

[00:15:59]>> Your mother has probably already googled it cuz she loves you. so much. Never mind. All right. Thank you. Thank you, your honor. Thank you, Mr.