Judge Jason Elmore's Personal Meeting Room

本站添加: 2026-05-31

[00:00:02]No, I kind of what I figured, but I didn't know if you talk to anybody, so I had to ask.

[00:00:14]>> Nobody wants to.

[00:00:16]>> I do. I call you all the time.

[00:00:21]>> You always seem like Hello.

[00:00:23]>> Do we have Mr. Shmer working?

[00:00:25]>> Yeah.

[00:00:26]>> All right. So, uh, we're now on the record again for the 28th circuit court report. This time we're taking up the case of people of the state of Michigan versus William Allen Shimmer Jr. Uh, the file number here is 24-13857- FH. Appearances from council, please, beginning with the assistant AG.

[00:00:48]>> Good morning, your honor. I'm special assistant attorney general Mitchell Wood for the people. And judge, I I can't I don't see anything else. I don't uh I don't see you. I don't see the courtroom. I don't Can you see me?

[00:01:00]>> No, I can see Well, I can see you, but you're still. So, I know it's you. And maybe your camera's not working or >> Well, my camera's on. I'm just not seeing you again. You or the courtroom, >> I guess. Judge, I you know, go ahead. I was just going to say just it's not like your face is going to make a difference on the effect of today's hearing. So I think your voice is all that we need.

[00:01:34]>> I I agree, judge. Especially this is a violation of probation. So especially since >> All right, Mr. Harrison's here. Mr. Shurmer Horn is here. Uh we had uh your last on the record it looks like back here in early uh May of this year we got two appearance. Oh that's right because of the AG's. One second I find the counts.

[00:02:01]All right. There was a requested summon for probation violations filed by Mr. Vanatal on April 6th of 2026. They in include two counts and both have to deal with not making child support payments. Uh we are here today for a formal hearing. Mr. Harrison, what are we doing today? Are we proceeding with the formal hearing?

[00:02:28]>> In a manner of speaking, your honor. Um >> always love that one. In a manner of speaking. I don't Go ahead. Well, I know >> like in the matter versus puppets, some dancing and hand signals, >> right?

[00:02:41]>> Okay.

[00:02:41]>> Uh, it's kind of like when you get a traffic ticket and one of the options is you can plead guilty with an explanation.

[00:02:51]>> All right. So, here's what I need to know. Do I need to have So, the first question is, were there probationary terms and did the defendant comply with them all? If yes, u then we don't need to be here. If no, which is the question of a hearing, that's okay. Then the next one becomes, hey judge, please don't do this, don't do that for sentencing based upon an explanation. So from what you said in a matter of speaking, I assume Mr. Shmerhorn's going to admit to >> um uh the two allegations. Is that correct?

[00:03:33]>> I Yes.

[00:03:34]>> All right. Thank you very much. You'll see where my reluctance is born in just a minute.

[00:03:40]>> Okay. All right. Mr. uh Wood, do you I assume now that Mr. Shurmer Horn is going to enter a ploy. Do you have any objection to that? Can't assume you would.

[00:03:51]>> No, I don't judge, but not to throw a wrench in the works. Uh but just briefly, I'm taking a look right now.

[00:03:59]Technically, judge the committed the following non-technical cont. You he must vi not violate any any criminal law. So failing to pay child support, they're saying, is is the violation of the criminal law. I mean, the the the child is is uh is is long emancipated. This this this child is now 30 years old, not a child. And so technically we he couldn't be charged with failing to with felony non-sup support right now.

[00:04:32]>> So we dismiss count one count two >> I think I think dismiss count too. Yes.

[00:04:39]>> Thank you Mr. >> All right Mr. Shmerhorn that make sense to you. I'm going to go through and explain it for you here just a second.

[00:04:56]All right. So, m please raise your right hand. Sir, do you swear or affirm that the information and testimony that you're about to provide shall be the truth the whole truth and nothing but the truth, sir?

[00:05:04]>> Yes, sir.

[00:05:04]>> You may hear.

[00:05:06]>> All right. Mr. Shirmer, you are currently charged on a request and summon with two alleged probation violations. Both of them are based upon the same alleged facts. Account one is a violation of condition 8.9 that you must pay your child support and related expenses as ordered. Now, that's a technical violation and that's why that's what Mr. Harrison and Mr. Wood were deciding, which by the way, I was hoping and glad they decided that because that seemed right to me. Count two is an allegation that you violated rule one not to commit any criminal law.

[00:05:43]And again, if one failed to pay, then there could be a violation, but uh you're going to plead, as I understand it, to count one, which is a technical.

[00:05:52]Now, that's important. Didn't Didn't we have a technical before for alcohol or something?

[00:05:56]>> There was there was two prior technical violations. One was an acknowledgement there to pay fines and was positive alcohol.

[00:06:03]>> And is this out of delay or just this is regular probation?

[00:06:07]>> Okay. Thank you. All right. So, uh Mr. Mr. Sherhorn, if you admit guilt to count one, you'll be given up the right to have a contested hearing and have Mr. Wood prove the facts. You'd be given up the right to question and cross-examine witnesses against you, to present witnesses, evidence or testimony, or the right to remain silent, not have that silence used against you. Now, that's only regarding the question of did you or did you not pay. Now, when it comes time, if you do make this plea and it comes time to sentencing, which will probably be in about three minutes, then we can you'll hear some explanations.

[00:06:44]All right? Do you understand?

[00:06:45]>> Yes, sir.

[00:06:46]>> Um, has anyone made any other promises to retro inducements to get you to make this plea today?

[00:06:51]>> Yes, sir.

[00:06:51]>> All right. And are you making the plea of your own free choice?

[00:06:54]>> Yes.

[00:06:54]>> All right. Uh, Mr. Shmer Horn asked to count one. Uh, how do you plead?

[00:06:59]>> Guilty. Before you uh before I accept that plea, I'm going to ask you some questions. Before I do that, the court takes judicial notice of the terms you can get conditions of probation uh that are contained here in this court file.

[00:07:15]And there they are. They were signed by me on July 23rd, 2024 and subsequently acknowledged by you on July 30th of 2024.

[00:07:39]Sir, is it true that as of at least as of April 6th of this year, you had not complied with the payments as required for child support?

[00:07:48]>> Yes.

[00:07:49]>> Okay. And uh now we'll talk and why was it that you weren't making full payments?

[00:07:59]>> I was under the impression that I was making payments. I have um two child support cases and traditionally over the course of the entire time I've had the cases they've always split my child support cases so they they get out of my check.

[00:08:12]>> One goes to West County, one goes to Grand Travis County.

[00:08:15]>> Okay.

[00:08:16]>> I received um payubs. I don't see pays regularly and I had to get them from my boss and they showed child support being paid. I didn't realize that it wasn't Flexer County and Grand Traverse County. I thought I was paying >> and I never checked on.

[00:08:33]>> Okay. All right. Thank uh so I have an admission. Well, I would assume that it's I'm sorry. I would perceive this as it's his responsibility to ensure that the payments are being made. He did not make that assertion or did not check on it. Therefore, payments were being made. Mr. Mitchell, do you believe he's provided a factual basis?

[00:08:56]>> Uh Mr. I'm sorry, Mr. Wood. Mitchell Wood.

[00:09:00]Thank you.

[00:09:01]>> I I do. I believe.

[00:09:03]>> Mr. Wood, are you aware of any other promises to extroducements in this file today?

[00:09:09]>> No, your honor.

[00:09:10]>> And do you believe I comply with court rules?

[00:09:12]>> I do.

[00:09:14]>> Thank you, Mr. Harrison. Do you agree with all three?

[00:09:16]>> I do.

[00:09:17]>> All right. The court agrees and finds the defense plea is made freely, knowingly, and voluntarily, and that the facts presented by the defendant in addition to the judicial notice of the terms and conditions of probation satisfy the elements. Therefore, the defense found guilty of count one, count two is hereby dismissed.

[00:09:35]And Mr. Vanwell, can we proceed with sentencing?

[00:09:39]>> Any objection, Mr. Wood?

[00:09:41]>> No, your honor.

[00:09:43]>> Any objection, Mr. Harrison?

[00:09:46]>> None for me.

[00:09:48]All right, Mr. Van, uh, how much time does he have left on?

[00:09:55]>> He's due to discharge 722 of this year.

[00:09:58]>> Okay.

[00:09:59]>> Sentencing guideline range is 2 to 17.

[00:10:02]His lastation violation, he was sentenced to 365 days jail with 309 days served.

[00:10:10]>> That's a guy for credit now.

[00:10:12]I don't believe he served any >> didn't have anything else to serve like he didn't get picked up. That's right.

[00:10:20]This was a summit without a request award. Thank you.

[00:10:23]>> Um last I checked he continued to $1,486 on fines and costs and the the contact that proceeded the violation showed that he had not made any payments on child support on this file since 8203.

[00:10:43]I would recommend information continued with no additional bail imposed been relayed to me that he has corrected the uh auto pay issue. So payment should be automatically made from this point on.

[00:10:58]>> Okay.

[00:10:59]>> Uh and I believe probation should be extended for additional 12 months.

[00:11:03]>> All right.

[00:11:04]>> So on Thank you. Uh Mr. Wood, anything else to add to Mr. Vanal's recommendation, sir.

[00:11:13]>> No, that um that seems fair under the circumstances. I I did see that he has this other case out of Grand Traverse County. It's charging at 452 a month.

[00:11:24]And I also saw that that uh he had a wage assignment.

[00:11:29]Um, one moment. Although with with North Side Restaurant, although this says that it ended on May 19th of this year. So, but and I did see that nothing was coming in, but my report usually shows payments on the other case and this one doesn't. But I I accept Mr. uh Sherhorn's uh claim that he was making payments. I just wonder whether it's still whether he still has a job that that uh money can come out for this case as well. And I I can tell you judge that the issue is the the the federal government actually mandates how how child support is dispersed by the by the dispersing agencies. And the first thing that's always paid is ongoing support.

[00:12:24]So he's got a 452 a month ongoing support. In the case in Wexford County, of course, as I said, child of the kid is 30. So there's no ongoing support. So the first $452 is always going to go to his Grand Traverse case. And that's going to be probably a continuing problem. He's got still has a $29,941 aarage in his Waxford County case. So, I I don't have a problem with continuing probation and letting him try to straighten this out. But my my thinking is he's going to need another job if he's going to be paying on this as well.

[00:13:01]I I don't know if it's still North Side Restaurant where he works. Again, this seems to say it ended, but sorry, Judge.

[00:13:08]I know that was a fair amount. You can't even see my face, but >> Well, well, I actually I see it's frozen, but uh I just bought groceries yesterday, and I can tell you I think I need another job. Uh, Mr. Harrison. Uh, >> well, >> hold on. I'm not inclined to give any additional jail. I'm actually very much inclined to give what Mr. Ben Atmal said. So, if you have any, but I just want you guys know where I'm sitting.

[00:13:33]I'm not looking to add any confinement.

[00:13:35]>> I was going to speak in support of the recommendation.

[00:13:39]We understand what Mr. Wood is telling him us. As far as we both know, he still works on the north side.

[00:13:49]>> Okay.

[00:13:50]uh and he will be working there tonight.

[00:13:54]>> Okay.

[00:13:55]>> Well, then then take what Mr. Wood said as an advisement to make sure it's all being done correctly.

[00:13:59]>> And I've encouraged him obviously to seek whatever he needs to do to file the paperwork or make an adjustment or to make sure that both cases are being observed or whatever.

[00:14:11]>> Anything else you wish to add, Mr. Shermore?

[00:14:13]>> No, sir. This one's just a mistake.

[00:14:15]Honestly, I'm sorry about it.

[00:14:16]>> I got you. All right.

[00:14:18]uh the court uh again will uh continue I'm sorry extend probation to from 24 to 36 months the court doesn't add any jail therefore I re uh repeat 365 to 309 days of credit uh fines and costs are preserved so all right >> judge could you possibly set a review hearing in in like 90 days. Judge, I don't know if you do those ever, but to see if he's now paying on this. It's it's a very large reuric still.

[00:14:56]>> Judge, I can um I can set a reminder for myself to check on >> Mr. Mr. Van will uh we'll do that. I I don't think it's appropriate for me to set the review. Uh as a neutral officer, I'll allow Mr. Benmol to do that. Mr. Uh, Sherm Horn, I've got really what could happen here is I can extend it.

[00:15:24]>> Oh, >> I'm sorry. Go ahead.

[00:15:27]>> Up to five years.

[00:15:30]>> So, I could extend it two more times.

[00:15:32]So, just keep that in mind. All right.

[00:15:35]So, making payments is going to be uh important. Uh, by the way, don't spend money on the lottery because I don't think anybody really wins. I haven't bought a lottery ticket in 13 years.

[00:15:47]>> Good for you.

[00:15:49]>> Madame clerk is gonna provide to Mr. Harrison a advice of rights. You have the right to appeal the conviction and sentence in your case which I know I think you did it one time. Um based >> was that yeah there I remember um problems don't bother me any. All right.

[00:16:09]So anyways, you have the right to appeal the conviction incentives in this case that is typically done by filing a claim of right to appeal. However, based upon the ple of this case, any appeal is done by filing an application for leave to appeal. If you choose to file an application for leave to appeal and you want the court to appoint an attorney to assist you, you may complete the bottom half of the copy that Mr. Harrison has just split over to you and returned to the court within 42 days. If you choose not to appeal, you may simply put that in a recyclable bin or use it to help start a really nice barbecue. But do not uh flush it down one of the toilets here in the courthouse. All right.

[00:16:43]>> Noted. Thank you, sir. Good luck to you.

[00:16:45]We are journ. Thank you, Mr. Wood. Have a good day, sir.

[00:16:48]>> Thank you, >> judge. Your honor, >> I'm also covering the Gabriel Pierce plea with Mi Miss uh Fiorto.

[00:16:58]>> All right. She's here.

[00:16:59]>> Okay. Yeah.

[00:17:03]All right. Thank you.

[00:17:10]You're welcome.

[00:17:16]She's looking real mean.

[00:17:37]Quickly off the record, is it okay if Miss?

[00:17:43]>> Yeah, one one prosecutor.

[00:17:47]>> I have a meeting at 10 a.m.

[00:17:50]>> Well, good. Enjoy your meeting.

[00:17:51]>> Thanks.

[00:17:58]>> All right.

[00:18:00]Well, Pierce is not in jail, correct?

[00:18:05]>> No, he is not, your honor.

[00:18:06]>> Hold on, let me call the case. Uh, next case for the day is people of the state of Michigan versus Gabriel Paul Pierce.

[00:18:15]Uh, the file number is 26-14249- FH. Appearances from council, beginning with the assistant attorney general.

[00:18:25]>> Good morning, your honor. I'm special assistant attorney general Mitchell Wood for the people.

[00:18:30]>> Thank you, honor. and an event on behalf of Mr. Pierce.

[00:18:34]>> All right. So, we were scheduled today for a plea. That plea was to be done at 9:15. It is currently 9:35 a.m. Mr. Pierce is neither here in the courtroom. He is not on Zoom and I have not seen him in the courtroom today. Not that I recognize him, but I haven't seen anybody else other than the parties that I know. Also, he is not currently in jail. So, uh, Miss Pavvento, do you have any information on the status of your of your client?

[00:19:13]>> Uh, I do not know where he is, your honor. I do see since last hearing, there has been some communication with our office, but is not here today.

[00:19:22]>> Right. Take a look here.

[00:19:28]file.

[00:19:38]So, I see that our scheduling order was issued about a month ago on April 24th, and I just want to take a look and see where we're at. Final pre-trial conference is not yet scheduled until July 24th this year.

[00:19:56]So, the failures will appear. I don't think I need to issue a bench warrant for not appearing to plea.

[00:20:04]It was really at his to his advantage or request. Uh, Mr. Wood. So, I think he can go off the record and assume he's not going to please.

[00:20:15]>> All right, Judge. I guess that that kind of makes sense. I mean, there there was a scheduling. This was a separate. So, judge, can you tell me uh what the current date for the final pre-trial conference is?

[00:20:28]>> Sure. I didn't mention it, but that's okay. Not everyone listens to me. That's Don't worry. Don't worry.

[00:20:35]>> I'll wait and cry about at my office. I uh July 24th.

[00:20:42]>> So, I think we talked Yeah, we we had a pre-trial conference back on May 7th. It was set uh for the plea. Uh we still have a final pre-trial conference on July 24th with this being one of the cases set for trial to begin on August 11th.

[00:21:00]>> And that July 24th is at what time?

[00:21:04]>> Uh well, we do them every uh that should be probably a Friday and it should be at 9:00 a.m.

[00:21:13]>> Very well. Let me let me double check.

[00:21:22]I am correct.

[00:21:24]>> 24 >> and typically like I said they are on Fridays. Yes, that is on a Friday.

[00:21:34]>> Very well, judge. I I I I should mention as an officer of the court that he he didn't pay in April as he was supposed to pay $200.

[00:21:42]We can take that up obviously at the final pre-trial, but he did not make a a payment in April and he hasn't paid anything. Uh, no, I'm sorry. He paid 190 on on May 11th, Phil. He didn't pay the full 200. In any event, we can take that up to the final pre-trial. Thank you very much, your honor.

[00:22:00]>> All right. Uh, yes, Mr. Venton.

[00:22:02]>> Oh, I was just going to say for the payment, I did believe that he paid on Wednesday the 1st of May. um is what he had told me on the last hearing.

[00:22:12]>> No worries. Sounds like he's all sounds like there's nothing really to get too worried about. All right. Thank you all very much for your time today. We are ajourned.

[00:22:18]>> Your honor, >> hold on.

[00:22:20]>> Hold on. We're not a journ yet. Go ahead.

[00:22:22]>> If my client was to appear at final pre-trial in person and the AG and the court were willing and my client was willing, could we still potentially move forward with plea in this matter?

[00:22:30]>> That's all up to you and the prosecutor.

[00:22:32]I I I'll just be here willing to take pleas whenever people want to enter them or set up for trial. So that's all between you and Mr. Wood. If you and the client wish to reach out and get back on the court's docket earlier for a plea, just please reach out to our doc clerk here in my office and uh she'll make sure it happens. All right. Thank you.

[00:22:54]>> And Miss Vento, you should contact the AG directly. Uh the uh Clarissa Williams is the assistant attorney general assigned to this. I'm just covering this hearing as a special assistant AG. So, you should talk to the AG who's assigned to the case.

[00:23:10]>> Can you do I'll shoot her an email.

[00:23:12]>> Okay. Thank you.

[00:23:13]>> Thank you.

[00:23:14]>> Have a good day.

[00:23:15]>> Yes, sir. We are here.

[00:23:16]>> Thank you, Judge.

[00:23:17]>> Mhm.

[00:28:37]All right, we're ready. All right, we're back on the record now and uh we have two cases. Each case is entitled people in the state of Michigan versus James Edward FBY the third. Uh the case numbers are 26-14227 FH and 26-14238- FH. Appearances from council, please make on behalf of the people.

[00:29:06]>> I'm Jeff Harrison. I'm here on behalf of James Farby. He's joined me at the table.

[00:29:11]>> Thank you very much. Uh Mr. Farby is currently in pre-trial custody. We are scheduled today for a couple please as I understand it. Do I have any written pre-trial agreements?

[00:29:25]>> Oh, you may not because I think we turned them in last time and maybe they didn't get quote unquote turned in.

[00:29:32]Would you like us to do so?

[00:29:33]>> Yeah, let's do so. And the reason why I do so, if you can tell, I've added some things that I question during the taking of the plea, such as u counsel, things like that. So, we're just going to take a brief recess here.

[00:29:49]Mr. Farby, you can stay right there.

[00:29:50]Just need to fill out some paperwork.

[00:29:52]The reason why I do is to make sure that the record is clear, that you're making the plea and you understand it and so forth. So, we're just going to take a brief recessive. Thank you.

[00:35:25]They did. Okay.

[00:35:28]I apologize to the court and to Mr. Farby. We did have this paperwork completed at one point. It seems as though I neglected to retrieve agree with me today, but those are exact copies. I believe agreed to.

[00:35:44]>> Thank you very much. All right. So, we are back on the record now for people versus Barbie and uh when we took our break, we were expecting the completion of which I now have some pre-trial agreements. Uh Mr. Farby, uh you understand today you're going to be looks like you're going to be entering some please pursuant to a pre-trial agreement. Is that correct, sir?

[00:36:06]>> Yes, sir.

[00:36:07]>> All right. To the best that you can, please raise your right hand for me, sir. Do you swear or affirm that the information and testimony that you're about to provide shall be the truth, the whole truth, nothing but the truth?

[00:36:16]>> Yes, sir.

[00:36:16]>> Great. Mr. Farby, you may lower your hand. All right, Mr. Farby. Looks like we're taking care of two cases here today. and in each file they allege that you are I'm sorry in it sorry I've stumbled a little bit in each file there's a felony information which means a charging document on each one of those charging charging documents in each of the files you are charged with a single count. That count is possession of methamphetamine. Now, that's a felony punishable by up to uh 10 years and or up to $15,000.

[00:37:06]Now, one of these cases involves something that occurred back on July 1st of last year. And the second one involves something that occurred this year on March 6th. So anyways, in addition to those charges of possession of meth, there are two potential sentencing enhancements. The first is called a second or subsequent drug offender enhancement that could within the discretion of the court increase potential sentence from up to 10 years to up to 20 years and from up to 15,000 up to $30,000.

[00:37:38]Or in the alternative, you could be sentenced as a fourth habitual felony offender, which again within the discretion of the court could allow the court to increase the potential punishment from up to 10 years to up to life. However, in each one of these files, if you enter a plea of guilty to single count, I'm sorry, to the count of possession of meth, again, one count in each file, the prosecutor will dismiss the sentencing enhancements. Is that what you understood you were doing today?

[00:38:08]>> Yes, sir.

[00:38:09]>> Now, there are a couple questions here and I I I think I know the answers based upon uh the the case numbers on these files. Uh looks like Mr. Farby was not arrested on either file until uh March of this year.

[00:38:27]>> Yeah. So, he was not on bond for any of these cases when the other one occurred.

[00:38:33]Is that correct, Mr. K?

[00:38:35]>> Yes, your honor. All right. So, Mr. Farby, that's important because if you had been on bond for one and then committed another, the court again within its discretion could choose to sentence you consecutively, which means you'd have to serve one sentence and then serve the next sentence back to back. However, that does not apply.

[00:38:55]Also, uh were you on probation or parole when these offenses occurred?

[00:39:00]>> Yes, sir.

[00:39:01]>> Was it probation or parole?

[00:39:03]>> No. And has there been any action against him on his parole? Mr. Harrison, >> there's been a detainer and some discussion.

[00:39:12]Essentially, what parole is waiting for is the resolution of this case.

[00:39:18]>> So now, that's important, Mr. FBY, because it means we don't know exactly what's going to happen. If for some reason the parole board on whatever case you were serving on parole decides to revoke your parole and have bring you back to jail for further punishment, you'd have to serve that sentence first before you could serve this these sentences. Do you understand?

[00:39:41]>> So right now we've got two chart two cases each have one count of possession of meth and have a maximum up to 10 years. Let's say for example and I have no idea because I don't know how you score. I don't know anything else about it. But let's just say for example, I gave you one year for each offense. Now, if I did that, I'm going to give it to run concurrently because I don't have the discretion, as I understand it, to have them consecutive. So, if I gave you one year for each one of them, you'd have to serve one year for these two cases, and that'd be all at one time.

[00:40:14]But if the parole board takes some action, you have to serve that sentence, and then you serve the one year for the for these cases. Do you understand?

[00:40:22]>> Yes, sir.

[00:40:22]>> All right. Thank you very much. Now, um, Mr. Cars, do I have a uh did I state the pre-trial agreement correctly?

[00:40:32]>> Yes, sir.

[00:40:32]>> Mr. Harrison, did I?

[00:40:34]>> You did.

[00:40:34]>> All right. Now, I know you all took some time here uh to go over these forms, but I'm going to go over them with Mr. uh Farby. Mr. Farby, I'm going to hold up two documents, and each one of them at top says a plea agreement. And on page two of each one of those, there is a signature that appears to be your signature. Is that your signature there on page two for each one of these?

[00:40:58]>> Yes, sir.

[00:40:59]>> Now, before you put your signature on there, did you were you able to talk to Mr. Harrison about the charges, your possibilities of going to trial, the evidence against you, what kind of defenses you could put on, things like that?

[00:41:11]>> Yes, sir.

[00:41:12]>> And uh was he available? This is a key question. Was he available to answer all your questions if you had any?

[00:41:18]>> Yes, sir.

[00:41:19]>> Are you satisfied at this point in time with his representation?

[00:41:22]>> Yes, sir.

[00:41:23]>> All right. Now, if you enter a plea of guilty today, you're not going to have a trial on either one of these files. Does that make sense, Mr. Farby?

[00:41:30]>> Yes, sir.

[00:41:31]>> Now, I'm holding up these other two documents that each have that are called advice of rights. And it looks like instead of your signature, maybe you just printed at the bottom. Let me double check. Nope, that is your signature. I'm sorry. It looks like the one on the ple. Is that your signature at the bottom?

[00:41:47]>> Yes, sir.

[00:41:48]>> Now, before you put your signature on each one of these advice of rights, did you read through the rights that you have on the top?

[00:41:54]>> Yes, sir.

[00:41:54]>> Did you understand the words that you read, which by the way are identical?

[00:41:57]Did you understand the words that appear on each one of these two forms?

[00:42:00]>> Yes, sir.

[00:42:01]>> So, again, you understand? Do you understand that if you enter the ple and I accept those please, you will be forever waving these rights that are listed on these forms as it applies to this case or these two cases. All right.

[00:42:12]Thank you. Now, Mr. Harrison, although I don't see any reference to guidelines on the written pre-trial agreement, has Mr. Harrison talked to you about potential guidelines scoring and what the guidelines mean is how they set a minimum end for a potential sentence.

[00:42:27]Has he done that?

[00:42:29]>> Okay. Now, the first thing I want to highlight for you is whatever he has shown you is prep is an estimate. He does a pretty good job in my experience of estimating guidelines because he can go back and look at old reports and things like that. Uh, but I want to highlight for you that the guidelines are not mandatory. Whatever he's showing you right now is an estimate. They might be correct later on, but we'll figure that out later. And that the guidelines because they're not mandatory. We still, meaning judges, have to consider them.

[00:42:57]All right? So, I just want you to understand that there's no guarantee. Do you understand that? Yes, sir.

[00:43:01]>> And has he, Mr. Harrison, or anyone u suggested or told you exactly what I would do at sentencing?

[00:43:10]Okay. Now, also uh besides this plea trial agreement that we've talked about and there the terms within them, have there been any other promises inducements to force or compel you to plead guilty in these two files?

[00:43:24]>> No, sir.

[00:43:24]>> Are you doing so of your own free choice today?

[00:43:27]>> Yes, sir. Great. Now, before I take the plea, I want to see do you have any questions at all for me, sir?

[00:43:32]>> Yes, sir.

[00:43:33]>> All right. So, therefore, do you still wish the p of guilty to the single counts in each one of these files? Yes.

[00:43:40]>> Um in file 14227 which it deals with an alleged event on March 6th of this year for count one possession of methamphetamine. Mr. Farby, how do you plead?

[00:43:54]>> And as to file 14238 involved in an event allegedly occurring on uh July 1st of 2025 for possession of the control substance methamphetamine count one. How do you plead?

[00:44:09]>> Guilty.

[00:44:10]>> Before the court can accept those, please, I'm going to ask you some questions to determine what it is that you did that makes you guilty of these two offenses. I'm going to begin with the case with the higher number 14238, but it also deals with the event from last year. Turning your attention to July 1st of 2024 here in the city of Cadillac in Wexford County. And this apparently is the one that deals with the codefendant, Miss Halliday. What happened on that day, sir?

[00:44:43]All right. Make sure you speak up a little bit because I can't hear you too well with the air conditioning running.

[00:44:48]>> I was pleading guilt guilty possession.

[00:44:53]>> What was going on that day? Do you recall?

[00:44:55]>> I was using something got back and relaxed and started using and start.

[00:45:02]>> How'd you get where was it that it looks like it was downtown Cadillac? Do you remember? Were you in a car? Were you in a house? Tell me about that.

[00:45:09]>> In a house.

[00:45:10]>> Okay. And this other person, Miss Holidayiday, was there?

[00:45:14]>> Yes, sir.

[00:45:15]>> All right. And what happened? How did you guys get caught inside that residence?

[00:45:24]>> People came in and was in possession of pipes that were in my pocket that I was using.

[00:45:32]>> All right. Mr. KS, do you have any suggestion? It might help me ask a better question.

[00:45:36]>> It was a DOC uh compliance check.

[00:45:39]>> Okay. So, Mr. uh Farvy, when you said people came in, uh were those probation officers?

[00:45:46]>> Yes, sir.

[00:45:47]>> Okay. And so, when the probation officers entered the home to do this check, were they checking on you or were they checking on Miss Hall?

[00:45:55]>> Checking on her, sir.

[00:45:56]>> All right. Because it looks like you lived actually out in Harriet. Is that right?

[00:45:59]>> Yes, sir.

[00:45:59]>> Okay. So, uh, when you were there in the home, when the Department of Corrections probation officers came in, you were in possession of some methamphetamine. Is that correct?

[00:46:10]>> Yes, sir.

[00:46:10]>> Now, did you know it was methamphetamine?

[00:46:13]>> Yes, sir.

[00:46:14]>> And, uh, could you see it? Was it like in a baggie or something? Could you tell me about it?

[00:46:20]>> A pipe.

[00:46:21]>> All right. So, you had it and there was some some of it in the pipe or some residue amount that you could see it. Is that right or no?

[00:46:27]>> Yes, sir.

[00:46:28]>> Okay. And in your mind, sir, on that date and time, did you have any lawful right to possess that methamphetamine?

[00:46:35]>> No, sir.

[00:46:36]>> All right. Thank you. Now, I'm going to turn your attention to the next file.

[00:46:40]This is the one that's file 14227.

[00:46:43]Uh, turning your attention to March 6th, which was just about two and a half months ago. Again, here in the city of Cadillac in Wexford County. What happened on that day, sir? Where were you? Tell me about that. I was in the vehicle and I got pulled over and I was in possession.

[00:47:03]>> Where was it on you? How how how was it in your possession?

[00:47:06]>> In my pocket.

[00:47:07]>> Okay. Did you know it was there?

[00:47:09]>> Yes, sir.

[00:47:10]>> And what kind of condition was it? Like in a baggie or or a a bindle or something like something else?

[00:47:18]>> Okay. So, explain that to me. Was it inside of a container that was then inside your pocket?

[00:47:24]container yesterday.

[00:47:27]>> What kind of container?

[00:47:33]>> Was it a a Ziploc baggie?

[00:47:36]>> No, sir.

[00:47:36]>> No. Was it foil?

[00:47:38]>> No, sir.

[00:47:39]>> All right. Was it a plastic container?

[00:47:42]>> Something like that. Yes, sir.

[00:47:43]>> All right. And so, if you were to open up that plastic container, could you still see some inside there?

[00:47:48]>> A snap container.

[00:47:50]>> A snap container.

[00:47:51]>> Yes.

[00:47:52]>> Okay. And so again, if you were to have opened that, could you see inside of that and see some methamphetamine in there?

[00:47:58]>> Yes, sir.

[00:47:58]>> And how did you know that it was methamphetamine?

[00:48:04]>> I was using again.

[00:48:07]>> All right. And so you had used it before. That's how you knew that's what it was again. Is that right?

[00:48:12]>> That's correct.

[00:48:13]>> All right. And in your mind at that time, did you have any lawful right to possess that methamphetamine?

[00:48:18]>> No, sir.

[00:48:19]>> All right. Thank you. Mr. Mr. K, do you believe as to both files that defendant has recited the factual basis support the police?

[00:48:26]>> Yes, sir.

[00:48:27]>> Are you aware of any other promises, threats or inducements here besides the terms of the plea?

[00:48:32]>> No, you're >> and you believe the court and each file is compliant with Mr. Cor 6.302.

[00:48:37]>> Yes, sir.

[00:48:38]>> And Mr. Harrison, do you agree with three of those three statements?

[00:48:41]>> I I concur in the same.

[00:48:43]>> All right. Thank you. The court agrees and finds a defendant's plea today is made freely, knowingly, and voluntarily.

[00:48:49]The court further in both files. The court further finds the testimony provided by the defendant under oath on the record satisfies the required elements of proof for each one of the counts in each one of the files.

[00:49:01]Therefore, the defendant is found guilty of count one in each file and the sentencing enhancements will be dismissed the time of sentencing. Mr. Farby, we're going to be back here in about four. Sometimes in the summer it could take five to six weeks back here for sentencing. We do sentences on Monday mornings in this court generally.

[00:49:19]Now, whenever someone's convicted of a felony in a state court in Michigan, a pre-sentence investigation report must be prepared by an agent, the Michigan Department of Corrections, which is also known as the probation or parole office.

[00:49:33]Sorry. There are three steps that involve you. Now, this report, by the way, is going to give you a description of the pre-trial agreement. Give us a uh information that you make or provide while it's being prepared. It will talk about the facts of the cases. It will also include a rendition of your criminal history and tell us how you did on probation, how you've done on bond or parole. It will also give a recommendation as to uh your sentence.

[00:49:57]Please keep in mind it is a recommendation. It is the judge alone that will determine the sentence which will be me. Uh but those recommendations and even the arguments from council are quite important. Uh it will also include a score in the Michigan sentencing guidelines which again I remind you are not mandatory even though the court must use them. The court need not necessarily following them. Now so I told you that there were three steps here. Number one, you're going to get a packet and I see that it's been handed by the dep I'm sorry by the county clerk over to the corrections officer. They'll give it to you when you go back to the jail. You're going to complete it, turn it in. Step two is you're going to have an interview with an agent from the Department of Corrections and you have the right to have Mr. Harrison present during that interview. And number three, u the attorneys and I generally get those reports about two weeks before sentencing, maybe 10 days. And so Mr. Harrison once he receives it, he's going to come over and visit with you. And each one of you has needs to go through that to make sure the report is as complete and accurate as it can be. Each side has the right to come back to this court and make objections or request corrections. the content of the report uh before the court gives a sentence.

[00:51:07]Now, Mr. Farby, I threw a lot at you right there. Do you have any questions about what I just said?

[00:51:12]>> I was seeing the PSI, please.

[00:51:17]>> Yeah. Yeah.

[00:51:18]>> Yeah, we can.

[00:51:20]>> All right, no problem. Is there uh do you do you have any difficult reading or >> Okay. Well, that makes me concerned and it's okay. Don't worry about it. I'm just going to go back and ask you some questions. Earlier I held up this advice of rights form and I talked about if you had read it and understood it. I'm going to go back and make sure you understand it. Instead this way I'm just going to do it verbal. If I proceed if you to choose to proceed with these please uh you'll be given off the right to uh that you won't have a trial. They'll be given up the right to have a trial by jury. The right to have a trial without a jury to be chose the court and the prosecutor consented. The right to presumed innocent until proven guilty.

[00:52:00]The right to have the prosecutor prove beyond a reasonable doubt that you are guilty. The right to have the witnesses against you appear trial. The right to question or cross-examine those witnesses against you. The right to have the court order any witnesses you may have for defense to appear at the trial.

[00:52:13]The right to remain silent during the trial. Right to not have a silence used against you. And the right to testify if you chose to testify. Uh so Mr. Farby, do you understand those rights?

[00:52:22]>> Yes, sir.

[00:52:23]>> Okay. Again, do you understand that if you if we continue with this plea, you'll be given up those rights as they apply to these two cases?

[00:52:29]>> Yes, sir.

[00:52:30]>> Additionally, any appeal as a conviction and sentence pursuant to the pre-trial agreement in each file will be by filing an application for leave to appeal and not a claim of appeal by right, which is only guaranteed when someone's convicted at a trial. Furthermore, you may be given off the right to appeal issues that would otherwise only be appealable if you were convicted at a trial. Do you understand that, Mr. Farby?

[00:52:51]>> Yes, sir.

[00:52:52]>> Do you still wish to continue with the plea of guilty that we already talked about?

[00:52:56]>> Yes, sir.

[00:52:56]>> The court again reaffirms its findings.

[00:52:59]Thank you. Anything else today, Mr. K?

[00:53:02]No.

[00:53:02]>> Anything else today, Mr. Harrison?

[00:53:05]>> Nothing at this point.

[00:53:07]>> The court revokes bond remains the defendant custody of the West County Jail. We'll see you in a couple weeks, Mr. Farby.

[00:53:15]Thank you. We are attorney.