Judge Fleischer SHUTS DOWN DWI Defendant's Emotional Plea to Drive Again!

[00:00:00]I I can't tell you how upsetting it is the way that you've treated us. It It's It's absolutely just Your case is 1,500 and 8. It's nearly 1600 days old. And you want them to just Oh, and you come in shorts.

[00:00:28]Really? Would [clears throat] you go to church looking like this? Okay.

[00:00:33]>> So, why come to court like this?

[00:00:34]>> I wasn't aware of. This is my first time. Actually, >> this is a courtroom.

[00:00:41]>> Don't play this. I didn't know. It is a court room.

[00:00:47]You should know how to address in a courtroom considering that your case is nearly 1600 days old. How many years is that, Mr. Napoleon?

[00:01:00]four years.

[00:01:06]>> You have until next Monday to get the mitigation packet done. If you don't have it done, then you will get an immediate 10day trial setting. And I don't care who's got what. State, get ready for trial now. Please >> get everything that you need to get now because I'm fast tracking this to trial and I don't care what came this, what came that. Jesus came down prevent you from doing I don't care. You have until Monday to get the mitigation packet done. And if you >> stop right there 1,600 days, that's 4 years and now you get 6 days or trial.

[00:01:44]That's judicial fasttrack. And legally judges have total discretion to do it when cases stall. that Jesus came down line. Signature Fleer. It's not blasphemy. It's him saying no excuse works anymore. And honestly, if you had four years and showed up in shorts, what did you expect?

[00:02:00]>> Have it then [clears throat] you will either accept the plea bargain from the state or you will get a 10day trial setting. Yes, sir.

[00:02:06]>> Do you understand? And if you come back again in shorts, I I can't tell you the level of disrespect that shows. Not to mention the fact that your case is four years old. I mean, it's a double kick and the ding- ding to us, really.

[00:02:22]And you ought to be ashamed because that's not the way someone acts.

[00:02:27]All right, take a seat for me. We'll be back.

[00:02:31]Good morning, Mr. Hodes.

[00:02:34]Um, did you run an NCIC on him, please?

[00:02:37]What all does he have open elsewhere?

[00:02:42]>> And then if you can refresh my memory with regard to our case as well, please.

[00:02:46]Yes, sir.

[00:02:57]regard to open cases here in Calveston.

[00:03:00]He has an open UCW, a DWI, and a collision involving damage to a vehicle equal to $200.

[00:03:09]>> So, it's an FSGI, DWI, and a UCW.

[00:03:11]>> Yes, Judge. And then in regard to this case, the officer responded to a criminal mischief and made contact with the complainant where the complainant said he woke up and realized his tree had been ran into. He checked the surveillance and observed the defendant's motor vehicle colliding into the tree traveling at a high rate of speed and observed the defendant appearing to get out of the motor vehicle, walk in front of the vehicle, and then get back in. And the officer later observed pirate marks, damage on the landscape leading up to the tree, damage to the bricks around the tree, as well as damage to the tree itself, leading to a damage approximately $200 for the grass and bricks and $2,500 for the tree.

[00:03:47]>> And this is like it's in the middle of the night, right?

[00:03:50]>> Right. Okay. What would you like, >> judge? I'm asking the driving condition and the curfew. I get it. It sounds bad, but judge, he's unable to work. He's an electrician. He works throughout the night sometimes.

[00:04:04]>> Oh, I'm not I don't want you out in the middle of the night, Mr. Hodes. You have four open cases and you're out. You already were given one chance when you got on bond for those three cases out in Galveston. Now you've picked up another case in the middle of the night.

[00:04:17]>> Are we able to lift the no driving restriction then, you know, [clears throat] and maybe do 5 to 10 p.m.? Uh it's just the 6 to 6 kind of interfered with his work schedule, like I said. But I understand completely not wanting to drive at night.

[00:04:32]>> What are the What's the curfew now?

[00:04:34]>> Uh I think it's 6:00 to 6.

[00:04:35]>> It's 9:00 p.m. to 6 a.m.

[00:04:37]>> No, I'm [clears throat] I don't do that bad. It's 9:00 p.m. to 6:00 a.m. Um what do you want, Mr. Hodgees?

[00:04:46]>> I'm not giving you in the middle of the night. I'm telling that you now you have four open cases. Two, this is a potential DWI. So it's really a DWI and a second DWI. And you want me to let you out in the middle of the night? Can we just slip in our driving [clears throat] restriction? Judge >> because it's daytime from >> Can you run his license?

[00:05:06]>> Yes.

[00:05:07]>> It's not eligible, but he has an ODL.

[00:05:10]>> Yes. Not eligible.

[00:05:13]>> He has an ODL license. Judge, >> did he have an interlock in his car at the time when he got here?

[00:05:20]>> I don't believe so.

[00:05:21]>> Then I'm not going to do it because he's supposed to have an occupational. An occupational always needs an interlock.

[00:05:27]You're violating your >> But I I Did you have an >> You're supposed to have an interlock as part of the occupational license. You're in violation of your occupational license. You know, >> it may not have required that, judge >> because what I'm not on the Gavin case.

[00:05:45]>> Show me. Do you have a copy of the occupational? [clears throat] >> I have the granting of the occupational driver's license. The reason it didn't require interlock is because he had it prior to this. He got it for um tickets that were unpaid uh because he didn't have insurance. He has current active insurance. I have the ODO right here.

[00:06:05]>> Who gave it to him?

[00:06:06]>> Um >> was it a JP court?

[00:06:08]>> Yes.

[00:06:09]>> Can imagine knowing that he has that open DWI in Galveston and knowing that he has now picked this case up here where it has an alcohol. I can't imagine that they're going to let you know I >> right now it is still active. Um, so are we >> I don't know how comfortable I feel with him driving.

[00:06:33]>> Are you mom?

[00:06:34]>> Come on up. Mom, [clears throat] come up. Mr. Hodgees.

[00:06:44]>> Thank you so much for coming.

[00:06:47]>> How's it been not driving?

[00:06:49]>> Not enjoyable.

[00:06:50]>> Blows right.

[00:06:52]>> Good. Wonderful. Because I want you to understand it is a privilege. It's not a right. And we do everything in our power here to ensure that we don't kill anyone on the road. Watch the news. Every day, every day, someone dies on our roads because of an alcohol-related collision.

[00:07:14]It's disgusting.

[00:07:17]And you're familiar with everything that he has open.

[00:07:20]>> Yes. I also have familiar that my one of my husbands was killed on the road by someone that was drinking as well.

[00:07:27]>> It's it's it's it's disgusting. It's so sad, you know, and I took his privilege to drive away because of what's going on with Galveston. And now here we have the same situation here. They didn't charge him with DWI here, but very well could have been. So, the idea is to get you to appreciate it, to really feel the pain of not being able to drive because I want you to realize it is an absolute privilege. And it is a great privilege. And to live in a city this big without the ability to drive really, really blows. That's just it. And I don't know if you really appreciate it. You coming up here and just telling me, "Oh, I'm so sorry. I'm hurt." That's not enough. I need to know that you really do appreciate the fact of how big and power the awesome it is to drive. I'm not ready yet to let you drive. I need to see some kind of proactivity showing me that you really appreciate being able to drive. But as it stands now, it's been 30 days since he's had this case here open. He's got the four cases over there. And I can tell you now, the judge that granted that license, if that judge now knows all these cases are open, I would bet my pinky toe that that judge would revoke that license now because I don't think any judge wants their name on a license with that kind of baggage to it. So, I'm sorry.

[00:09:09]If you need more time at night, I'm happy to give you a little bit more time past 9:00.

[00:09:15]>> It's not so much Excuse me. It's not so much the the night, it's where he works, being an electrician. He has to be there earlier in the morning. So, >> okay, I'm I'm happy to work with you.

[00:09:26]Want 5 in the morning?

[00:09:28]>> What What time do you want?

[00:09:29]>> Um, five would be better.

[00:09:33]>> Okay, done. I'll give it to you.

[00:09:36]Show me that you appreciate the fact of driving.

[00:09:39]>> How do I do that?

[00:09:41]>> Use your imagination.

[00:09:43]>> Be creative. Ingenuity goes a long way, Mr. Hodes. But you coming up here and telling me, "Oh, I'm so sorry. Does nothing for me. Actions speak louder than words. And it's only been a mere 30 days since you picked up this case." And [clears throat] not to mention all those other cases you have in Galveston County. So you're you are traveling far and wide. And the danger to the public is far and wide as well.

[00:10:08]I don't want anyone to die under my book and I don't want anything under my name with that kind of I don't want that kind of baggage in my life. I have hard enough time sleeping as it is. Show me and then we can talk again. But I really want you to appreciate it and I don't think you do so far. [clears throat] >> Okay. Thanks.

[00:10:27]>> I'm searching on Noah Bisa.

[00:10:32]>> Okay. This is set for bail review today.

[00:10:35]It was also set on Friday and it got rolled to today. She is here.

[00:10:39]>> Um, her bond was revoked and raised last week due to her picking up a criminal trespass. So, she does have two ankle monitors on right now and we would just be requesting that one of those come off. Obviously, she knows that she's not supposed to be within 200 ft of um, Stereo Live, which is the bar that she was trespassing at. What I don't want is I know I don't want her out in the middle of the night and that's why we have that on and I'm paying for everything so nothing is going to come out of her pocket. Come up Miss Bison.

[00:11:23]>> She had the open DWI just doing whatever she wants to do. And now she picks up another case out in the middle of the night. Nothing good happens at two in the morning. And I don't want you out in the middle of the night.

[00:11:35]>> And the only way that I can enforce that is with the anchor monitor because if I take that off, you can run them up and I have no idea what you're doing, where you're going, and and what's going on.

[00:11:44]Um I'm like I said, I'm paying for it.

[00:11:46]So it's nothing out of her pocket either things. I've I take cost off of everyone so it's never an issue. I know that it's and I'm sorry that it's uncomfortable.

[00:11:56]Well, I'm not really sorry, but you know, actions have consequences. You now see, and I'm going to tell you, you violate conditions again.

[00:12:05]Get ready for that bond. It's going to sprout legs. It's going to be, you understand?

[00:12:12]>> Show me after a while that we can trust you and perhaps we can talk, but you're just now getting out of jail after violating conditions over and over.

[00:12:26]Thanks.

[00:12:26]>> Understood.

[00:12:27]>> Okay.

[00:12:28]>> Thank you.

[00:12:29]>> So, you're now out of jail. You have a lawyer. It is your responsibility to stay in touch with them and they will tell you when you have to come back to court. If they tell me they can't get a hold of you because you're playing games, you're ducking and dodging, you pick up a third case, violate conditions again. There goes the bonds. Do you understand? Okay. Stay in touch with them and they'll tell you when you have to go back to court. So, I'm going to wave the parents so that >> she's whatever you guys need.

[00:12:54]>> Thank you. And she did just complete IOP and then she is planning to enroll in SOP prior to potentially entering into any other program that court have available. So, >> yeah, I it's up to you guys whatever.

[00:13:08]You know, I'm I'm just here. I just want to make sure that she's not out and about and continuing to party. you know, according to her, she wants to go to school for this, she wants to go to school that, you know, if you really, ma'am, you have something that I can't buy. I I have money, right?

[00:13:32]I've got I've got ton of money here, there. Steven's got a lot of money, big, but you got something that I can't buy.

[00:13:41]You got something Bill Gates can't buy.

[00:13:43]You got something that Jeff Bezos can't buy. Do you know what that is?

[00:13:49]No.

[00:13:52]Age.

[00:13:55]And the reason is all those guys would pay an arm and a leg to be able to take back time to have age.

[00:14:04]But what matters is what you do with the age that you have. If you do nothing, it's a complete waste.

[00:14:12]If you're going to school and if you really care about the future, then you're going about it all wrong by continuing to pick up cases, partying, going to a bar, and refusing to leave the bar because I've got to wait for my drink.

[00:14:30]This life is a journey. It can be a great journey or it can be a rotten, miserable journey. And as a young woman, you should never ever have to realize or depend on a man. You should be getting your education. You should be getting degrees. You should getting knowledge so that you never have to rely on a man.

[00:14:50]Men suck. Men are dogs. And you need to be able to rely on yourself because if a guy says that they're going to take care of you, great. But one day they may never be there. One day they may take flight. And if you don't have an education effective, >> if you don't have a career, >> if you don't have knowledge, you'll be destitute, penniless, always dependent on a man. Don't become a strong woman with knowledge because then [clears throat] that life becomes a great life because this life is only about one thing. This, the almighty dollar. And if you don't have this, you ain't got you know what I mean? Yes sir.

[00:15:33]>> So get your knowledge. Stop picking up cases.

[00:15:37]Once that age is gone, don't come back.

[00:15:41]>> Thanks.

[00:15:47][clears throat] Your >> honor, my client does have class from 5 to 9. She 6:00 to 9, my apologies. And I know she has a curfew right now that is imposed. Would the court be amendable towards pushing that.

[00:16:03]>> Absolutely. Show me proof that you're in college or that you're in class and that the class goes that time. I'll happily give you time to go home. Of course.

[00:16:11]Yeah. But I'm not going to take your word for it. Show me that you're actually enrolled. You got like a either you syllabus or whatnot and then I'll of course am always amidable to working around a schedule for school. Of course.

[00:16:26]Just show me and then we'll do it.

[00:16:29]>> Thank you, honor. May we be excused?

[00:16:30]Yes, ma'am.

[00:16:31]>> Thank you, >> Miss Wickenoffer in the flesh.

[00:16:35]>> I know, right? [laughter] [gasps] We're famous, by the way.

[00:16:40][snorts] Over 30k people watch it anyways. It doesn't matter. Um, I was just I have to read off my phone, so I apologize, but >> it's okay.

[00:16:48]>> It says, "Your honor, I was convicted of driving while intoxicated in this court on October 14, 2019 under cause number 222." You already got it. I was sentenced to four days in jail and I have completed that sentence including paying all fines, costs and restitutions. I am here today because I meet all the legal requirements under the Texas law for non-disclosure of this convinc conviction. Specifically, number one, my conviction was for DWI with a blood alcohol level below 0.15, which actually is 0.1. I specifically remember um I was not placed on community supervision for this offense. This offense did not involve an accident with another person. I finished my sentence over five years ago. I have not been conict convicted or of or placed on deferred adjudication for any other crime except for minor traffic violations. This conviction from six years ago is still hurting my reputation and my ability to grow in my career. I deeply regret my actions and have learned from my mistakes. Since then, I have worked hard to turn my life around and I am asking for a second chance.

[00:17:56]Granting this non-disclosure will allow me to fully move forward both personally and professionally. It would help me reach my potential and improve my future.

[00:18:04]>> Thank you.

[00:18:06]>> Absolutely.

[00:18:11]So I don't think I can show me where you think I can, you know, but non-disclosures are traditionally for people who take deferreds, complete the deferreds, and are eligible to have it sealed. Expunctions are for those that meet the requirements where if a case gets dismissed, they can have it expuned. here. When you plead guilty, I don't think you're eligible for either.

[00:18:43]And the thing about it, I can't give you legal advice. I can't tell you how to look this, how to look that. But if you have a piece or if you can show me the law that says I can give you a non-disclosure, and I I can tell you, Miss Wickenhoffer, I love it, and I've told you this before. I love it when people try to better themselves. Right?

[00:19:05]If I can, I will because I'm always about trying to make someone's life better, right?

[00:19:11]>> But I have to follow law. I can't just say, "Okay, I can't just [clears throat] rubber stamp and and do it just for the sake of doing it." There has to be a law because if not, they appeal it and I'll get overturned.

[00:19:24]>> Yeah, I think >> that's the points I said because I was under I was under a certain amount of alcohol in my system. that doesn't what matters is the ultimate result in the case. Did you plead guilty? Did you do a probation?

[00:19:39]Did you do a deferred? I think that the legislature even now made deferreds available for certain types of DWIs [clears throat] so that >> people don't get convictions, right? But and and we don't we never do them, right? But you can, right? And it's surprising that no people do deferreds on DWI. Well, Traditionally in Harris County, judge, we don't even offer deferreds on DWIS.

[00:20:04]>> Theoretically, if you go without an agreed recommendation, we could and I think that we may have >> I don't remember. But >> so they don't they don't grant deferred here then in Harris County.

[00:20:16]>> No, you can't. It's But it's >> have to pay more money. So, it sounds like >> No, it's not about money. It's really it's about, you know, there are other options that are better.

[00:20:27]>> Okay. for some. So, >> I think that's probably why I didn't do it because I didn't they didn't give me the option to >> do though. Every single case I like I talk to every single person that comes up here and I I make sure, hey, look, you're making a lifetime decision. Are you sure that you want to do this?

[00:20:46]Because it's not target. You can't return it once you do it.

[00:20:48]>> Yeah.

[00:20:49]>> I literally >> every person I scrutinize, micromanage, that's why we're still here. It's 110 when most judges are are gone by now, right?

[00:21:00]>> Yeah. People tell me, >> but I really care about everybody that rolls here and I want everybody to get the great result, but and I don't know what was happening in your life at the time when when this happened. Why did it end up like this? Was there something other did you have other charges elsewhere? Did if you can show me in the law that I canned, then let's talk. That means you got to get it, you know, >> in writing.

[00:21:27]>> No, no, no, no. Go through the actual, you know, this is the code of criminal procedure in here. There are certain provisions with regard to non-disclosures.

[00:21:39]Who is eligible for them? You have to read it. You got to digest it.

[00:21:44]>> You definitely you're not I don't think you're I mean, I just can't I can't give you legal advice, right?

[00:21:49]>> Yeah, I understand. Um, >> something we could do, but I just don't I don't know. I I just want something to be done. I just don't know what can be done. Doesn't sound like anything, which really sucks for me, but nice.

[00:22:04]>> Yeah. And and the thing is is that I even tell people that you know within a certain amount of time if you get buyers remorse within 30 days of doing something you know we've really reopened cases for people who get buyers remorse but here the case is 5 years old. I [clears throat] have no jurisdiction even if I wanted to reopen it >> to do something I can't. The only advice, >> any service I can do, like any like extra thing I can do, >> what I would do, what I would do is really go to a lawyer. You're going to have to spend a little bit of money. Go to a lawyer and fine-tune comb non-disclosure law, >> okay?

[00:22:48]>> And see, is there an out, is there this, is there that.

[00:22:53]>> Just ask questions. Okay? You may have to like hire a lawyer to really dig into it to see what you can do. Okay? But I can't I can't give you legal advice. I can't sit there and comb the code with you to see is there a provision that would get it because there's so many little nuances >> here and there, right? I mean, even so much as a 0.15 or above or 0.15 or below, how long it'll suspend your license versus this versus there's just so many little nuances.

[00:23:25]Um, I'm so sorry.

[00:23:28]>> That's okay. What was that book called again?

[00:23:30]>> The Code of Criminal Procedure.

[00:23:32]>> Okay. [clears throat] All right. So, you know, and right, Google Code of Criminal Procedure, Texas non-disclosure, you know, and even if you do that in Google, you'll have so many other lawyers sites. Read through all those, >> okay?

[00:23:45]>> But I I [snorts] don't think that I can, you know, once you plead guilty, that's it. It's that's >> that's why I I caution everybody when you take the easy way out, when you do something like this, it's it's a lifetime thing.

[00:23:58]>> Yeah, I understand. Thank you.

[00:24:01]Sorry, Miss Bingoff. Hi, Miss Bernett.

[00:24:03]>> Hello.

[00:24:09]>> Okay, so it looks like you're wanted somewhere. I don't know where >> out of Rutherford County, Tennessee.

[00:24:14]Warm was issued out on September 9, 2024 for three charges, theft of property 60,000 to 250,000 and identity theft of at least 10 counts and a fraudulent use of 60,000 to $250,000.

[00:24:27]I >> obviously be opposed to a bond. She already waved November 20th.

[00:24:32]>> Did she have an open local as well?

[00:24:35]>> Why did it get reset so much?

[00:24:37]>> I do not. Well, carry >> carried. Okay.

[00:24:40]>> Um, Miss Oko.

[00:24:43]>> Yeah. So, uh, Miss Bernett does tell me that victim of identity theft. So, she's believing that this is just stemming up from someone else using her identity um to do different things that she has no and she did write on this I believe uh a few a few weeks before this charge came down on her.

[00:25:05]So, you're telling me that the felony KPS and the 60,000 to 250,000 theft of property and the 10count identity theft, the fraudulent [snorts] use of a debit card of 60,000 to 250,000. All that was someone else.

[00:25:26]>> Yes, judge. That's what I'm being told.

[00:25:28]Miss Bernett, go ahead.

[00:25:29]>> Yes. So, last year I already filed a police report against against Cash's bond. He stole my social security number and he used it to open up an electricity bill in my name. Um, and I also have other charges against him regarding burglary of inhabitation.

[00:25:47]He broke into my house and stole my phone and he stole money from me and he also put his hands on me. So, I'm guessing these charges are from him.

[00:25:56]I've never been to Tennessee before in my life.

[00:26:01]How how do we verify that?

[00:26:04]>> I've never been to Tennessee.

[00:26:05]>> No. Well, I I mean the problem is is that you know a lot of people tell me something, right? When in fact the sky is blue instead of purple. People come in here tell me, "Yeah, the sky is purple." Man, this pig was was was blue. And what pigs are pink? Yeah, man.

[00:26:26]This pig was blue. You you got to believe it. I have proof of being in Houston on those dates, whatever dates they're saying.

[00:26:35]>> Okay. So, I guess I mean I could have you get with the lawyer somehow. You guys I mean I've we've given you a lawyer. She's here to help you out in whatever manner that they can. I would suggest that you guys get together to figure out how. Um that's a lot of bag baggage. I mean that's >> Yeah, I was working with the assistant district attorney. We were pressing charges on him. So, I didn't know he was out of jail. He was supposed to be in jail still.

[00:27:00]>> I mean, I guess I can have you guys talk about it. You've already waved, right?

[00:27:05]>> Yes. Yes.

[00:27:07]>> Do you know if Tennessee is going to come get her?

[00:27:09]>> As far as I know, they are unless they tells me they tell me different from 5 days ago. But as the waiver was sent on the day she signed with mag. So, they would have told me >> they basically have nine days left. with the nature of the offense is they can be done remotely because their identity the very nature of the offense is that they could be done remotely and if it was similar to conversion for the death of property they could have occurred from here but the impact in Tennessee here's here's the deal we give the other jurisdiction 14 days to come get you've already been sitting in there and you waved already so they only have 9 days to come and get you if they don't come within that time Harris County releases >> [clears throat] >> So, but I'll tell you, even if Harris County releases you, that warrant is always going to remain out there until you go back to Tennessee and try to take care of it one way or the other.

[00:28:01]>> I don't mind going to Tennessee. I have transportation. I just don't want to remain in custody.

[00:28:06]>> I know I No one does, right? But um and I was told there was some type of video, so I don't see how it could be electronically done. Also, it is worth noting that I never >> No, no, we're speculating. We We don't know.

[00:28:20]>> The judge told me when I went to court on Wednesday night.

[00:28:25]>> What was on video?

[00:28:26]>> They said they have a video of me and Cash's bond in Tennessee.

[00:28:31]>> Just give me a second, Jake. Okay. I I I don't get [clears throat] access to any of that right here. All we worried about is identity. Are you Naomi Bernett? And you if you are, we establish the identity that the charges are proper. If so, how do we go forward? A lot of times we let someone bond out if the person is not a danger, right? And we know that they're going to go back, but we don't know much about you. You know, >> I have no criminal record.

[00:29:04]I I have a degree, a bachelor's degree.

[00:29:09]Uh I mean I but >> so if it's a matter of verifying the identity if she's contesting identity then she can withdraw the waiver and we can go for a governor's warrant or >> No I don't think she's contesting identity she wants a bond day is what she >> said with the with the amount in the offense with 250,000 on both theft of property of fraudulent use of credit card and the fact that it's 10 which would be a third degree or second degree felony here is that I'd be opposed with the sheer amount that is being alleged.

[00:29:33]>> Yeah. One of the other things is that the higher level of charges, the more unlikely it is that we're going to give a bond because the higher likelihood a person has of taking flight and not going back. So, I don't know at this time whether I'm comfortable in setting you a bond. Okay? Um I just I don't know what connections you have here. I don't know what connections you have there.

[00:29:57]The last thing I want to do is lose you because that's a [clears throat] lot of stuff to answer to and we want to make sure that you know whoever it is that has those charges is able to answer up to those charges.

[00:30:10]>> So >> I also say that I already have a lawyer ready in Tennessee.

[00:30:14]>> So what we can do here Yeah. What we can do is I can have you talk with um Miss Oko, figure out is there some way that you can show that it's someone else, right? And if so, then we can talk more.

[00:30:29]Okay. But understand that I can't just take your word for it, you know.

[00:30:33]>> Understand?

[00:30:35]>> Okay. So, >> I have police reports on him for already stealing my identity.

[00:30:40]>> I I I'll let you talk with Misoko, see what you can formulate, craft some kind of plan so that they're satisfied and I'm satisfied and then we'll go from there. Okay. I It's not a no. I mean, >> it's a it's an uphill battle, but it's it's not a definite no at this point.

[00:30:59]Okay.

[00:31:00]>> Understand?

[00:31:00]>> Okay. Yeah. All right. Thanks.

[00:31:04]>> And and you know, just give me a heads up what if you have anything conditions enter >> CC that detention is necessary to meet a compelling government interest.

[00:31:15][clears throat] >> That's why the bond is set at what is what it is.

[00:31:21]He would like to address some of the violations. I I have not discussed any of this with >> It's probably not a good idea because number one, we live stream so the entire world sees what's going on. Number one.

[00:31:34]Number two, anything you say here, they can use it against you to prove guilt.

[00:31:39]Number three, you've not spoken with your lawyer because what you say when you think you are trying to help may in fact hurt your case. So that's why it's probably not a good at least until you've spoken with Antonio to see whether it's a good idea to say what you want to say.

[00:31:57]>> Rush to the to the $20,000 bond. I believe that's excessive.

[00:32:02]>> I I agree with you and I'm willing to go down and tell you. Um >> it shows that bond was made in the felony case. Do you know what happened with that? Did he make another bond? Did they give him a PR bond on that?

[00:32:22]That bond was reinstated after all that.

[00:32:25]>> The $10,000 bond.

[00:32:26]>> They've reinstated the bond. Yeah.

[00:32:30]>> That's something.

[00:32:32]>> I I don't know.

[00:32:35]>> As far as what the court is going to have to decide here, the the reduction, I would ask that the court take that into consideration. If the felony court uh has decided to reinstate, [clears throat] >> Mr. Johnson, I want you to understand something and I want you to hear me clear. I will do everything in my power to protect the public. What starts as a routine court appearance quickly turns into one of Judge Fleer's toughest courtroom reality checks. A case that's been sitting in the system for nearly four years finally lands back in front of the judge. And instead of seeing urgency and preparation, he sees excuses, delays, and what he considers a complete lack of respect for the courtroom. From that moment forward, the tone changes dramatically. This isn't just about one defendant anymore. It's about accountability respons, shape, form. I don't care who you are. I don't care what your explanation is.

[00:33:45]Jesus came down and tell you to do something. I don't care. If I find that you endanger my public, I will let loose on you and your bond. I don't care who you are, where you're going, but you better keep my county safe because if you don't, I will make your bond skyh high.

[00:34:04]And I don't care what your explanation is. Do you understand?

[00:34:07]>> Yes, your honor.

[00:34:08]>> So, and I'm gonna tell you now, I don't play like other judges. One violation report, it's enough for me to put you in there and make the bond so high you'll have pair falling out. [clears throat] Do you understand? I'll reduce your bond to 10,000. No, but you're to get a GPS monitor prior to your release. And if I find that you go anywhere near this person, I'm telling you now, I'm going to let loose. You're not to consume alcohol, illegal drugs, and I'm going to test you like crazy because I want to know that you're not using. What do you do with yourself now in life? You work. Yes, sir. What do you do? Destruction. Okay.

[00:34:48]Full-time job. When you have too much time on your hands, you become self-destructive. So, within 10 days of your release, I want proof that you're actually working. And if you don't give me proof that you're working, then I'm going to put you back. Do you understand?

[00:35:03]>> I keep I I I'm Dude, I You cannot believe how much I micromanaged and I'm going to micromanage the hell out of this case to make sure that number one, you're working. Number two, that you're safe to my public. And I don't care if you're kicking and screaming when you throw you back. I'm giving you now the opportunity to do what you need to do.

[00:35:23]But if you don't, I only have one place for you.

[00:35:29]>> Judge, would you like a curfew on the GPS or any exclusion zone?

[00:35:34]>> Yeah, the exclusion zone from the um the complaining witness in this case and needs not to have any contact with her.

[00:35:43]>> 200 ft.

[00:35:44]>> Yes, sir.

[00:35:56]>> [clears throat] [clears throat] >> Okay.

[00:36:17]Do you have any questions?

[00:36:18][clears throat] >> Um, does it affect um the other GPS I had already? Is it going to be in into one?

[00:36:25]>> Yeah, we we you're only going to get one and we'll tack on both so that if there are any violations, they'll know and we will know at the same time. It's nonsensical to put two different ones on you. We'll just have one, but we kind of share the information so we know, you know, and I'm going to have on her checking it every couple days to make sure that you're in >> in compliance.

[00:36:45]>> Okay. Cuz the minute you're out of compliance, I'm going to haul you back in here. And if you don't come, we just issue a warrant. And then if you thought 20,000 was bad, [clears throat] just wait. I have bonds now 50. I have one bond at 150. So, you know, just be safe.

[00:36:58]That's all we ask. You know, [clears throat] there are so many other fish in the sea.

[00:37:04]I don't understand how a woman could get into your skin so bad that you would want to live in a 6x9 box. Because I tell you what, if you were calm, calm, cool, and collective, and when they try to bait you into this BS, whatever, you just turn and walk your happy butt the other way and just play it cool. Holy moly, you'll have such a different effect on on these people. Just calm, cool, and collective.

[00:37:38]Don't let people spiral you out of control. I mean, you're wearing orange now. You're all your priors have but to do with one thing.

[00:37:48]And if you play cool, I bet you none of that would happen. You know, really, that's what life's about.

[00:37:56]Play cool, get a good person, and move on.

[00:38:01]Thanks, >> Mr. Fox.

[00:38:07]>> Let me express my extreme extreme disappointment, you know. And I think what makes me so so very upset is that when people truly need help, the fact that we push it along, push it along, push it along. And since day one, we've known residential has been needed.

[00:38:47]>> [clears throat] >> You now stand charged with another DWI.

[00:38:59]You're also charged with failure to I'm sorry, evading arrest in a motor vehicle. On that one, you're facing up to 10 years in prison. A minimum of two years a maximum of 10 years in prison.

[00:39:14]We're going to do probable cause. You have the right to remain silent.

[00:39:17]Anything you say can or will be used against you. You have the right to have an attorney present. If you cannot afford one, one will be appointed to you, sir. The officers observed the defendant engage in a race with another on a road in Harrison, Texas. The officer attempted to catch up to the vehicles and was unable to catch up to the other driver. However, the officer caught up to the defendant's vehicle and attempted to initiate a traffic stop by activating lights and sirens. The defendant failed to stop and engaged officers in a 13-mi pursuit. When officers made contact, they observed the defendant stepped out of the driver's side of the vehicle, and the officers observed a strong odor of an alcoholic beverage, slurred speech, red glassy eyes, and unsteadiness. The defendant admitted to drinking a bottle of wine and taking a zoloft. During search of the vehicle, the officers found an empty bottle of wine and a sonic cup that contained a liquid smelling of alcohol.

[00:40:08]>> Alcohol in the car?

[00:40:10]Yes, judge. And the defendant refused standalone soiety test. DIC was read and the defendant refused breath. A blood search warrant was signed and executed.

[00:40:37]>> [snorts] >> Mr. Fox, did we already have an affidavit on file that he's not supposed to drive?

[00:40:50]>> Let me go check.

[00:41:02]I am now putting this affidavit that you're not to drive.

[00:41:07]If I find that you drive, and I don't care what your reason is, if you get out, cuz I don't know if you're getting out, then I will have a contempt hearing and you'll be facing an additional six months in jail and a $500 fine every time you get into a car and drive.

[00:41:23]I am now, if you get out, ordering you to be under home confinement.

[00:41:30]I think that your bond at 15,000 on the DWI is wholly insufficient and I'm going to raise that to $50,000.

[00:41:38]I'm also going to raise the terroristic threat, the probation that you're on now, I'm also going to raise that to $50,000 and 50,000 and one two three.

[00:41:47]How many cases does he have in Fort Bend open? I know he has he won DWI. What else does he have?

[00:41:52]>> [clears throat] >> I believe it's just the one DWI judge.

[00:41:56]Um but Alex is gonna double check for us. Um and also judge um the complainant in the terroristic threat case did reach out to the felony prosecutor because she saw that the defendant had been arrested. She is currently filed for divorce from the defendant and she is requesting that he is not to be in house arrest at her house. It is under her name. [clears throat] I'm not sure if that's the address we have on file, but you are imposing house arrest. She was requesting that it's not there.

[00:42:25]>> Okay. So, um we need I need to get Mr. Butler here so we can deal with this case as well, though. Um do you mind perhaps reaching out to him, sending an email, or um I'll also call out to the office as well to see [clears throat] >> um Now I He's always in court. Hopefully he can be here now. Um and then as soon as it the line dies down, I'll also reach out to him as well.

[00:42:56]>> All right. There was also one last Spanish THA just >> Okay.

[00:43:03][clears throat] So, she does not want any contact with him as far as >> Okay. So, um Mr. Fox, you're not to have contact with the complaining witness and the terroristic threat. You're not to go with where they they live, work.

[00:43:27]>> She just said that I'm not going to live there. I mean, we we talk every day that I'm not. No, I mean she she doesn't want to have contact with him.

[00:43:36]>> Oh, that's not what she said.

[00:43:38]>> Judge. [snorts] [clears throat] >> And when did the when did she call the DA?

[00:43:44]>> She emailed on November 21st. Um so I think that she saw that the new charges had been filed. Um she was just concerned she expressed concern to the public prosecutor that if the defendant is released um to his home address, that's where she's currently staying and they are going through a divorce. Um, I don't think she'd said anything about no contact between the two. [clears throat] She just requested that he's not sent, you know.

[00:44:06]>> Okay. So, I won't do the no contact then.

[00:44:09]>> Okay. Um, [clears throat] >> okay. I want to have a hearing on this ASAP. I'm not waiting anymore on the stuff from I mean, damn it. He can't do anything now. He's got these co cases open anyways.

[00:44:34]Wait, just what a waste.

[00:44:40]All right, Mr. Fox. Um, if you're released, [snorts] like I said, home confinement, on one ankle, you will get a GPS GPS monitor. On your other ankle, you will get a scram ankle monitor. So, we know that you're not consuming alcohol. Um, Is that it? I guess that's it, right? No weapons weapons.

[00:45:02]>> And then um he'll have to prior to release he's going to get all those and then you'll have to find somehow another address for him to live James cuz you know we need the address prior and I mean I don't know if he's going to bond out now but >> this judge >> see but >> can I get that rehabilitation that you had offered?

[00:45:22]>> Not while cases are open. Oh wow.

[00:45:24]>> You have the case also that's open in Fort Bend as well. Yes, sir.

[00:45:27]>> I don't know what's going to happen in there. I'll tell you those cases take even longer to resolve than here.

[00:45:34]>> And then how are you going to able to resolve that over there when you've got this stuff over here? So at some point you're going to have to transfer over there, resolve stuff.

[00:45:45]It's just [clears throat] it's even more of a mess now. So So all right. I guess we'll I'm going to have you put back now. I want to wait to see if we can get Mr. Butler here today and then if not, we'll we'll just roll it to tomorrow until we get him.

[00:46:00]>> Judge, I have two more in custody.

[00:46:02]>> Okay, who's next?

[00:46:04]>> Guys, you're in front of me because you are currently in custody. Your lawyer wants me to let you guys out. Um I mean, I don't know. We'll see. I guess you know. Let's start with Mr. It's Lane, right?

[00:46:18]>> That's right, your honor. So, we you initially are charged with evading arrest. We give you a bond. We let you out. And now you've picked up a new case. You've picked up a criminal mischief. You're facing I think it's even a class A. You're facing Yeah. up to a year in jail and or a $4,000 fine.

[00:46:39]I have no idea what happened on your new case. So, let's find out, guys. So officers [clears throat] were conducting a follow-up report related to an incident that occurred on November 21st.

[00:46:49]The complainant, the manager of Fannon Food, said that the defendant entered his store and had an altercation with him. The complainant told the defendant to leave. When the complainant returned to work the following day, he saw that the front window had been broken. The complainant reviewed surveillance and saw an individual throw something at the window who was wearing the same outfit as the defendant had earlier.

[00:47:09]Additionally, later that day, the complainant saw the defendant walk near the store wearing the same outfit as the individual in the surveillance. The officer reviewed the surveillance and confirmed what the CW complainant had seen.

[00:47:21]>> Okay.

[00:47:22]What are you doing with yourself now these days, Mr. Lane?

[00:47:26]>> Uh, presently, um, I'm not doing anything. I'm, uh, I'm unemployed. I was an attorney for 15 years in Chicago, Illinois, and I moved here, uh, in July or late June.

[00:47:37]>> You're a lawyer? Uh, well, I don't know if I'm currently licensed. Uh, I let my license go. I did MLE's. I was supposed to do them over the summer. I had them do and I just decided not to go back to Illinois. So, uh, >> you didn't like being a lawyer.

[00:47:53]>> I love being a lawyer. I love >> you.

[00:47:56]>> Um, I'm sorry.

[00:47:57]>> Why stop?

[00:47:58]>> Uh, because in order to practice here, which is, you know, my new home, um, it would have been, uh, it would have been a process of, I think, taking a bar, three days. I think you guys have >> and uh >> yeah um and uh and I had some other things going on in my life that um you know producing >> you have in your life now >> who >> uh family um nobody in this area but my mother and father um they live in San Francisco area and my younger sister does too my father's a retired lawyer my sister's a lawyer my older brother is in you know a different >> they know that you're here in this No.

[00:48:38]No.

[00:48:38]>> Can we reach out to them?

[00:48:40]>> Uh, sure. I mean, if you >> Well, here's the the problem, Mr. Lane, is that we gave you a free bond. You've picked up a new case. And the last thing I want is to just let you go and you're going to be roaming the streets of Houston. It's it's just not a good place to roam. And if you've got nowhere to go, if you've got nothing to do, it could be a recipe for trouble. And that's why I want to let you out, but not just to the street.

[00:49:08]>> If you have a place to go to, if you've got family, if someone's willing to take you in, then we can work something. But for you to just be let out on the street, >> right? Um, I was going to defer to my council here to make these sorts of arguments. I'm not used to appearing in this sort of forum, but I'd be happy to speak to the uh circumstance of being >> mind if he reaches out to family to see if they can help.

[00:49:35]>> Um I'm not sure. Well, again, I >> I can reach out to any family members if you want if you're comfortable with me doing that. I just don't want to do that if you don't want me to. But >> well, what I don't understand the purpose to have them pay a bond?

[00:49:47]>> No. No.

[00:49:48]>> For help?

[00:49:49]>> He what what judge is concerned about is you having some sort of uh place to stay that where you're safe. so that um you can comply with bond conditions, come to court when when asked and we know that you have a place to be. So if that's a homeless shelter or star of hope or something, importantly that you number one don't get into any trouble and number two don't be a danger to the public because we want our public to be safe, secure, and that's [clears throat] it. And if you're on the street, you're roaming, you've got nowhere to go, you've got no food to eat, it's a recipe for disaster.

[00:50:29]But if we can get your family involved and and let them know what's going on with you now, perhaps they're willing to come down, you know, speak with you.

[00:50:41]>> Well, yeah. I mean, I I have a larger extended family that really should be bearing this burden because they were the ones who convinced me to come to Houston in the first place and to stay here. Um, and >> reach out to whoever you want. Doesn't matter.

[00:50:56]>> Yeah.

[00:50:56]>> It doesn't matter. Anyone you want.

[00:50:58]>> As long as they have a phone number, then hey.

[00:51:02]>> Well, um, sure. I mean, I'm I'm immunable to that. I'm not sure if that's uh a solution here that has anything to do with my bond or because you know they gave me what like a $5,000 bond or something. I I don't really know.

[00:51:15]>> Yeah, your bond's now it's a $100 on the evading and then it's $5,000 on the uh criminal mischief.

[00:51:21]>> Is there anyone you could stay with in the Houston area?

[00:51:23]>> Uh yeah, I mean sure. Yeah, I know of I know of one person in the Houston area and a few others that could possibly be called. I don't really know all their names, but people I met along the way.

[00:51:38]Do >> are you comfortable with me calling someone for you area?

[00:51:42]>> Uh yeah, I'm comfortable with that.

[00:51:44]Sure.

[00:51:44]>> That Let's see who trying to reach out to to see how we can get Mr. Lane some help.

[00:51:50]>> Okay. And judge will give him a a personal bond and maybe >> No, no, no. I want to first see who we can reach out to first. If we can find someone that we have place for him to go to willing to help them out, then absolutely. Mr. >> Mr. Lane.

[00:52:06]>> Yes, sir.

[00:52:06]>> I want to give you another PR bomb, but I don't want to just throw you out to the street to the wolves.

[00:52:11]>> Sure.

[00:52:11]>> Okay.

[00:52:12]>> Understood, your honor.

[00:52:13]>> He's James is great. He's here to help you. Together, let's work something to get you the best thing that we can.

[00:52:19]Okay.

[00:52:21]>> Thanks, >> Mr. Smith.

[00:52:25]Not very happy with you.

[00:52:34]You've were on placed on a probation for unlawful carrying of a weapon. Yes, sir.

[00:52:42]>> While you were on that probation, you absconded multiple times, meaning you took off. In March of 23, you picked up an assault and then after you picked up the assault, you took off. Never heard from you again. The only reason we have you now is because you picked up a criminal trespass. Can >> I speak on the uh the March case?

[00:53:04]>> Don't. I've got a bunch of district attorneys here and I don't want you to say something that hurt your case.

[00:53:09]>> The facts of your case. Yes, sir.

[00:53:11]>> The problem is is that your lawyer is asking me to give you a PR bond to get you out. But I know if I give you a PR bond, you're going to take flight. We'll never see you again.

[00:53:24]>> How many times have you done it before?

[00:53:27]It's a rhetorical question. I don't want you to answer. But the problem is I have your bond at 7503 for a reason.

[00:53:34]>> Yes, sir.

[00:53:34]>> You know what I mean?

[00:53:35]>> Yes, sir.

[00:53:36]>> So, we got to find out what's going on with you as well. What I'd like to do is have you t-resed. I want you to speak to our clinicians to see how we best go forward. I don't want to just throw you out to the wolves. You know, we want how do we get better? How do we make sure this doesn't happen again? How do we get you full-time employment so you can start working?

[00:53:58]>> Well, I don't know, >> judge.

[00:54:00]>> Huh?

[00:54:00]>> He works at an auto shop. I >> Great, [clears throat] >> but I need just more than words, right?

[00:54:08]So, I'm going to have you t-zed. We'll set you off a couple days to see how we go forward. Okay.

[00:54:15]>> You [clears throat] understand, sir?

[00:54:16]>> Okay. Do you have any family here that's willing to help you out in Houston as well?

[00:54:20]>> My girlfriend. Yes, sir. She was trying to buy me out today.

[00:54:23]Who else do you have besides that?

[00:54:25]>> My mother works for HPD.

[00:54:28]>> Okay, that's a great start. Do you mind if he reaches out to mom?

[00:54:36]>> Okay, don't say anything here because, you know, I don't want you to give phone numbers or anything like that. No.

[00:54:44]All right. So, what we're going to do is we're going to put you guys back. We're going to try to see how we go forward and then we'll see we'll see you here soon. Okay. All right, guys. Thanks.

[00:54:54]Take care.

[00:54:56]>> This is the moment where the hearing shifts from enforcing court rules to offering genuine life advice. Judge Fleer isn't simply deciding bond conditions. He's challenging the defendant to think beyond today's hearing and focus on the future. His message is that youth and time are opportunities that disappear quickly and repeated criminal cases can close doors at education and good choices could have opened.