In legal proceedings, time limits for court appearances (such as preliminary hearings) are often 'directory' rather than 'mandatory,' meaning delays beyond the specified timeframe do not automatically result in case dismissal. This legal principle, established in Kansas case law (State v. Wygle, 1980), means that even when a defendant has been in custody for an extended period without a hearing, the court is not obligated to dismiss charges solely based on procedural delays. The key lesson is that understanding the distinction between directory and mandatory legal requirements is essential for effective legal representation and for defendants to have realistic expectations about their case timeline.
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He Smirked at the Charges… Biggest Mistake in CourtAdded:
That's the law. All right? So, learn to live with it.
>> That's That's That's a clear abuse of power.
>> I've been up here for 150 days and I've asked my clients or not my clients, my my attorneys to please represent me in this matter and you and and they have not done it. And and they they can't give me a reason. They can't give me a a KSA. They can't give me any of that.
I've been up here for 150. This is an abuse of process.
>> If you don't like it, go hire your own lawyer, okay? That's your choice.
>> I'm not asking that. I'm not asking them to >> Nope. Nope. I'm done. I am denying the motion to withdraw.
>> Will you will you honor the schedule timeline here?
>> Okay. Jailer, put him on mute.
>> This whiny defendant is back in court today and honestly, he might be one of the most irritating people you'll ever watch in a courtroom. He constantly talks over his own attorneys, shows complete disrespect to everyone around him and the judge clearly has no patience left for behavior. But what makes this case truly disturbing are the allegations against him. Prosecutors say he's connected to the tragic death of his 5-month-old daughter. And they also claim harmful substances were discovered in the child's system. Because of that, he's now facing the extremely serious charge of second-degree murder. As we watch this unfold, let me know what you think. Does this guy actually believe he's in right or is the judge completely justified in shutting him down every chance he gets?
Let's jump into the footage and see how it all plays out.
>> Your honor, Mr. Leon appears by Zoom and through counsel uh Chris Frey Roark Colby and Cassie Ziegler of Ellis County.
>> All right, Mr. Leon, do you have any objection to us conducting this hearing by Zoom?
>> Uh no.
>> Very good. This before the court uh on the defense counsel's motion to withdraw. Uh I know those were recently filed as it actually yes yesterday and both counsel asked for an emergency hearing or as early as possible. Mr. Leon, are Are ready to proceed on your counsel's motions to withdraw?
>> I am, sir. And then I like to address the court if that's okay.
>> Well, we'll see.
Let's get to the motions first with the attorneys.
Besides what's in the motion, is there anything additional that either attorney wants to present?
>> Your honor, I think that the only thing anything additional I presented I think given um Mr. Leon's I think behavior demands, threats, his actions going through with those threats. I think the trust between the attorney and client is broken. And I don't know how you fix that.
>> Okay. Ms. Ziegler, anything additional besides what Mr. Roark said?
>> No, I totally agree with Mr. Roark and I don't think I have anything else, your honor.
>> Okay. Mr. Leon, I will now invite your comments. Leave it strictly to this motion to withdraw. Nothing else about the case cuz that's not what's before us today. You understand?
>> Uh yes, sir. I do have Yes. So Okay.
>> Okay. Regarding the motion to withdraw, do you do you wish for these two attorneys to withdraw?
>> Uh so I've asked my attorneys to file a motion multiple times on a procedural timeline error um of not having me into a preliminary hearing within 14 days.
This right is guaranteed to me through the state statute 72 and supported by my fourth amendment right to due process and incorporated by my 14th amendment due process clause.
State versus Fink does guarantee the defendant the right to be within preliminary hearing within 14 days.
And I've asked them both to file these motions. Neither one of them are filing these motions and I would ask the court to consider these motions as well as um I mean, I haven't asked them to withdraw.
They said they I've just asked them simply to do something.
Uh your honor has uh already ruled on this.
And and told me that he was not going to allow them to withdraw because of the [music] state's short amount of attorneys that can handle these case. So, I have not asked them to withdraw at all. I've simply asked them to invoke and enforce my asked the courts to enforce my my right to due process in my 14th Amendment due process clause because there is a procedural timeline error and they continue to try to dissuade me from bringing this to your attention saying that it's not correct, but I have the state statute uh pages right out of the book that an attorney has sent in that does guarantee me these says that it does guarantee me the right. Well, it's not preliminary is not, you know, like mandated is not is not constitutional, but in that case I would then need to be to an arraignment within 10 days. I've not waived that right and my attorneys of my attorneys I brought this up to them multiple times. Cassie um hung up on me once when I was trying to talk to her about it.
Mr. Roar has said that he was going to bring the issue up to you and then next thing I know he was telling me that you next thing I know he I'm getting a motion saying that you guys are going to withdraw they're trying to withdraw counsel. I didn't ask them to withdraw.
Uh I took your ruling on the matter last time seriously as that you were not going to let them withdraw. I'm not asking that they withdraw. I'm asking that they represent me to their fullest of capabilities in this matter of my um the the procedural timeline error.
>> So, basically this guy who's in court for one of the most disturbing cases imaginable is desperately grabbing on to any argument he thinks might help him.
He's sitting there with two experienced attorneys right beside him. But, you'd never know it from the way he acts. He talks like he's the smartest legal mind in the courtroom and treats his own lawyers like they don't know what they're doing. Honestly, it would be funny if the situation itself wasn't so serious. The confidence he speaks with makes it sound like he's been practicing law for 20 years, but in reality it feels more like someone panicking because they know the evidence stacked against them is overwhelming at this point. He seems willing to throw every random argument out there hoping that maybe one of them sticks. That's usually what happens when someone gets desperate.
The problem is there's a huge difference between fighting your case aggressively and completely ignoring the advice of professionals trying to help you. He constantly interrupts and talks over his own attorneys in front of judge and that almost never works in a defendant's favor. Not only does it make him look combative, but it also makes the judge less interested in listening to anything he has to say. Public defenders may not be perfect, but they understand the legal system far better than most defendants ever will. The more he argues with them, the more it starts to look like he's either living in complete denial or genuinely convinced he's the smartest person in the room. What do you think?
Is he just throwing out desperate arguments because he knows he's cornered or does he truly believe he's some kind of legal genius?
>> So, Mr. Leon, your basic argument with your attorneys right now is that you want them to file a motion to dismiss your cases for failure to bring you to preliminary hearing within 14 days, correct?
>> Um that and there's there are other there are other matters, sir.
>> Okay. Well, that's what you started with. Let's just begin.
All right?
>> Okay.
>> Your attorneys both know the law. Now, you know the statute 22-29-02, okay? But they also know the law. State versus Wygle, the Kansas Supreme Court ruled in 1980, quote, "The time limitations in 22-29-02 our directory and an inconsequential delay beyond the time specified for holding a preliminary hearing will not justify dismissal. That is the law in the state of Kansas. It has been the law since 1980. It is not changed. And so, your attorneys are aware of that as is the court and the prosecutor. They do not have an obligation to file frivolous motions.
Um and so, [music] your argument with them is uh that they won't do what you direct them to do and that is not their responsibility. I explained this to you before.
How an attorney handles a case, the strategy uh is their decision, not yours. You have input, they will listen to you, they will incorporate your thoughts, but they will do what they believe is in your best interest under the law. They are not there to do what you tell them to do, rather they're there to represent you zealously and as advocates within the ethical boundaries that are set.
There, that's the rule. So, you could tell them, "I would like you to file this motion because I think it's a violation." And they would say, "Well, we understand you read it that way, uh but it's already been in front of the Kansas Supreme Court and they disagree with you." And that's the highest authority in this state. So, >> But you understand what State v.
State v. Fink says that that Uh I have this State Hold on.
>> Yeah, I'm I'm telling you M- Mr. Mann, I'm not going to have a legal debate with you, okay? I'm telling you I gave you the case citation. It is not the only Kansas Supreme Court case that has ruled on this issue. It is directory, not mandatory.
>> I understand that, sir. [clears throat] I've been up here for 150 days without a preliminary hearing or any any type of court proceeding. That's That's That's a clear abuse of power.
>> Well, that's a different That's a different argument and um I'm not We're not going to I told you we weren't going to get into We're here to talk about whether I'm going to let your attorneys with withdraw or not, okay? But I wanted to give you at least the law to explain why they don't do everything you ask them to do.
>> Your Honor, that doesn't that doesn't tell me anything about the procedural timeline error though that I've been asking them to represent me on. That procedural timeline error does say, "Your Honor, that it it it an abuse of process cannot be done." I've been up here for 150 days and I've asked my clients to please represent me in this or not my clients my my attorneys to please represent me in this matter and you and and they have not done it. And and they they can't give me a reason. They can't give me a a KSA. They can't give me any of that. And it also says it also says, "Your Honor, that I am entitled to being into a preliminary hearing or an arraignment within 10 days." I've been up here for 150. This is an abuse of process.
This is a >> I've I've listened to this before.
This is what we're here for today is your attorneys' request to withdraw.
Here's what the court's going to hold.
You can keep filing ethical complaints on them. You can keep doing whatever all of these pro se filings. I mean, you have a lot of time on your hands up in jail.
So, I'm not in any way telling you that you're prohibited from doing that.
But they will control the strategy and the procedure in the representation of you. And here's the bottom line, Mr. Leon. I could appoint every attorney in the state and they're going to have the same problem with you that these two attorneys do.
That's the criteria I have to look at, okay? If you don't like it, go hire your own lawyer, okay? That's your choice.
>> Yeah.
The judge clearly sees what this guy is trying to do and it's not fooling anyone in the courtroom. He keeps bringing up state versus Fink like it's some kind of golden ticket that's supposed to get him released, but that argument doesn't magically override higher court precedent. He's been sitting in custody for around 150 days without a preliminary hearing. But there are reasons serious felony cases can take time. Investigators have to review evidence.
Prosecutors have to prepare witnesses.
Attorneys need time to build arguments, and court schedules are often packed.
When you're facing accusations tied to the death of a child in your care, the court isn't exactly rushing to push you back out onto the street.
What's really frustrating is how he acts like the system somehow owes him an immediate release.
When realistically he should be spending this time listening to the attorneys trying to help him. Public defenders are critical part of the justice system because they give people who can't afford private counsel a real chance to defend themselves. But instead of working with them, he keeps fighting them at every turn.
And the more he does it, the worse it makes him look in front of the judge. A court's patience only goes so far, and every time he interrupts, argues, or refuses to listen, he risks damaging whatever credibility he has left. This feels like one of those situations where ego is completely overpowering strategy. What do you guys think? Does he actually understand how badly this behavior could hurt his case?
Or is he so focused on proving himself right that he can't see the bigger picture anymore?
>> But if you can't hire a lawyer and you apply to the court, you're going to live with and deal with the competent and qualified lawyers that the court appoints for you. That's the law.
>> Okay, sir. So >> So learn to live with it and learn to cooperate with him because I'm not going to let him withdraw because if I do, the next lawyer I appoint, I'm going to have the same argument. And here's the other thing, Mr. Leon. Your main argument is, "Judge, I've been up here 150 days. I want my day in court." If I appoint a new lawyer, they're going to have to review all of the discovery in this case. They're going to have to interview witnesses. They're going to have to communicate with the prosecutor.
They're going to have to visit with you.
That takes time. And that you're not the only client they have. So, that time is longer. So, the very thing you're complaining about, if I grant the request that they're making on your behalf today, only increases that very time standard.
The very same problem you're talking about. It's counterproductive.
>> I understand. I'm not I'm not asking that. I'm not asking them >> No. No. I'm done. I am denying the motion to withdraw uh at this time.
>> Will you go on the preliminary timeline here?
>> Okay. Jailer, >> Yes, sir.
>> put him on mute.
I'm not going to have him interrupt me anymore.
Thank you.
Counsel, I just wanted to express to you that I appreciate the dilemma you have. It's not the first time you have gone through something like this.
I'm denying your motions at this time for the reasons I recited. Number one, um any other lawyer at my point's going to have the exact same problem. I'm just going to keep repeating it. And number two, if I appoint new counsel, it's going to further delay uh the hearing, and we already have a preliminary hearing scheduled. And I'm not going to delay it another 100 days or 150 while a new attorney gets up to speed on the case. This defendant's complaining that he wants to get into court. We're going to give him that because it's scheduled.
Uh and we're going to go forward with it as scheduled. Understood?
>> Yes, sir.
>> Very good. Okay.
Anything else that you need to address with the court today?
>> No, your honor.
>> Very good. All right. We are scheduled for preliminary When is that again?
>> Next week.
>> Next week.
>> The 14th. 13th. It's the 13th.
>> I knew it was coming up. I knew it was next week sometime. I Let me look here.
Yeah, we're scheduled for an all-day preliminary next week Wednesday, a week from today. So, since Mr. Leon's main complaint is, "I want to get my preliminary," we're just going to get it a week from today.
Uh and if we hire or if we appoint new counsel, it would be be delayed probably well into January or February next year with the holidays and the scheduling problems. So, uh we will give him what he wants. Um I will expect that you will visit with Mr. Leon about his conduct in the courtroom. Um in other words, that he's not to interrupt either the judge or witnesses, that he's to listen to the evidence, that if he needs a recess to visit with you, the court will accommodate that and allow you to go into chamber or into the conference room to do that. Uh I know he's listening to this and I'm hoping he's paying attention because I will not tolerate the kind of conduct that we had exhibited today where he continually interrupts and continues to repeat the same argument. So, he's going to get a preliminary hearing as he desires and it is a week from today. And with that, we will be adjourned.
>> Thank you, your honor.
>> Thank you, your >> So, honestly, I don't really understand what this guy thinks he's accomplishing by complaining nonstop in court. To me, it feels more like he's desperately trying to stall the process because he knows the situation he's facing is incredibly serious. And the reality is, if he's eventually convicted, prison would probably be easier on him than sitting in county jail. State prisons often have more structure, better access to programs, and fewer constant lockdowns compared to county facilities.
But none of that changes the severity of the accusations against him. He's facing horrifying allegations connected to the death of his 5-month-old daughter while she was in his care. And prosecutors claim dangerous substances were discovered in her system as well. Those are the kind of charges that follow someone for the rest of their life to AT some point. Constantly argue with the judge and fighting your own attorney stops looking like confidence and starts looking like desperation. Instead of helping his case, it feels like he's throwing out delay tactics and hoping something somehow works in his favor. Personally, if these allegations are true, it's hard to imagine someone like that ever being trusted back in society again. But, I want to hear what you guys think. Was he just reaching for any delay he could possibly get? Or, do you think he genuinely believes his own attorneys are working against him? Thanks so much for watching, everyone. I really appreciate all the support. If you enjoyed the video, make sure to like, subscribe, and turn on notifications so you don't miss the next one.
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