In criminal proceedings, defendants may waive their right to a preliminary examination, which requires the prosecution to demonstrate probable cause that a crime was committed and that the defendant committed it; this waiver allows the case to proceed directly to circuit court. Bond decisions are influenced by factors including the severity of charges, the defendant's criminal history, flight risk assessment, and community ties, with courts balancing the need for public safety against the defendant's right to release.
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I Gotta Catch a Plane! — Judge ROASTS Lawyer Instantly!Added:
[snorts] >> 71061 to be at Evercore Mr. Post H M for the record. Evercore Thank you.
So just today's day and time scheduled for preliminary exam defense counsel we're prepared to proceed judge.
That's [clears throat] correct this is the time for the set for examination they have one witness and officer in charge deputy Ward let me know that he is on scheduled vacation and he's off this week.
He asked for a brief adjournment and that's going to slide I understand that's not the court's And judge just for the record defense counsel we would move for dismissal judge. I believe the people have had more than enough time to secure their witnesses for this particular exam judge.
Um again I'm not the people judge but I'm not even certain how much You want to keep going when you're winning? Thank you judge. I've been saying that all day to people. They just I don't know. It's my friendly face people want to talk to me.
That's good.
Yeah [laughter] yeah maybe. All right.
People being able to proceed this case is dismissed. That's without prejudice.
Thank you very much judge. All right thank you sir. Have a good day and you're welcome.
>> [snorts] >> Yes.
Court calls case people versus Samuel Allen Dabney.
Ready judge. Good afternoon your honor for the grand jury of the people.
Good afternoon judge. Attorney Kierry Mitchell appearing on behalf of my [clears throat] client Samuel Allen Dabney who's approaching to my right.
Today's the day set for a preliminary examination your honor.
Nope switch.
All right.
Today's the day set for an exam judge.
We're going to wave that examination. My client understands that he has a right to a preliminary examination and that if if an examination was held the people would have to show that a crime was committed and that he probably committed that crime. He wishes to waive those rights.
You're did discuss this with defense counsel and we discussed that I would be filing an amended information with the corrected counts. May I approach with that information? That is correct, Judge.
So, So, he would be waiving as to counts two and three and count one would be dismissed. Counts two and three are child sexually abusive material and aggravated indecent assault, both 10-year felonies.
Okay.
So, he's the original charge I don't let me go the 75145c2, which is a 20-year felony, Judge.
I got that. Okay.
>> So, I'm just going on the count. So, count one is going to be dismissed.
He's waiving up on counts two and three.
That's correct, Judge. All right.
All right.
That is correct. You understand that, young man? Yes, Your Honor. Yes. All right. And you understand that you're waiving your right to a preliminary examination where the people would have to show by the standard of probable cause that the offenses these offenses were committed and that you committed them.
Yes. Okay. And you understand you're not going to have that hearing and you proceed to circuit court for further resolution.
Yes. All right.
People also waive their right You want to answer the matter of bond?
Preliminary examination having been waived, defendant is bound over to circuit court on counts two and three.
Count one is dismissed.
As Yes, go ahead as to bond, but as to the circuit court arraignment, you waive formal reading of the complaint. Yes, sir.
>> Or the information stand mute at this time. Yes, Judge. Defendant having waveform reading standing mute, court will enter a not guilty plea. Pre-trial will be set for January 15th at 1:30 with Judge Clay. January 15th, 2026, 1:30 before Judge Clay.
Yes, as to bond. Your Honor, as to bond, I I believe that the bond is wholly excessive. It's 500,000.
Uh based upon the amended charge, which is basically uh half of what he was look he was uh facing. Uh I believe an appropriate bond and oh, also, my client has no prior criminal history whatsoever.
Uh I would respectfully ask the court to place a more reasonable bond considering the circumstances. I believe I'm not asking for a personal bond, Judge. I respectfully ask the court to give him a bond possibly 25,000, 10%.
Uh 500,000, I believe it's it's it's really excessive. I don't know if the court remembers it. Probably had a thousand other cases since I last argued a case.
>> Well, I remember you.
>> Oh, okay. And maybe that's a good thing or a bad thing, but I remember you.
Well, I I I was hesitant because I got to I got to catch a plane tomorrow. I don't want to get locked up today, so o- otherwise, I wouldn't mind, but And maybe they'll hold the plane for you if you keep on.
Um May I Yes.
I would object to a change of bond. I did uh Detective Morrison from Washtenaw County is the uh officer in charge of this case, and I did speak with her today. She did uh review Mr. Alan Gabbie's phone, and uh both in the report and in my conversation with her said that he had an overwhelming amount of uh child sexual abusive material on his phone. Uh and it was accessible by her, not a not a forensic analyst. Just in reviewing this phone, the added up the overwhelming amount of both images and videos. Um, and uh, pretty disgusting children.
I think given that this fraud is appropriate. Um, Yeah, I'm I'm not going to go into everything that I I I said before. He was in a relationship with an individual.
This individual and and yeah, I I believe that given the circumstances and uh, the bond is is is this really excessive.
Excessive. I don't want to get into the other underlying facts about and and the people know that this other person that the that was the target of this investigation uh, is the main character in this situation.
He um, Let me ask this.
And I understand that there've been a change in charges. I also know that sometimes when that happens, when there's a waiver up, it's a waiver up on two.
But given what would be this overwhelming amount of stuff and again, I don't know what that is or necessarily quantifiably means.
Could there be potential other charges?
I mean, certainly >> I mean, I'm not suggesting it. I'm just trying to get a feel for it.
>> uh, it was not in my viewpoint charged correctly at the outset. Um, and so part of this was to ensure that he was waving up on the correct charges.
Uh, but yes, I mean, he's waving up on counts two and three, but technically, every image um, or photo or any video that he had could be in those charged.
So, if he is yes. As to like a different charge, I at this time don't think so.
Um this did originate as a Canton investigation into Yes, correctly and a wider ring of people of which the defendant Last case of the day and it gets wild again. The 69-year-old defendant's lawyer claims he has a clean record. The prosecutor immediately claps back with a 50-year criminal history from Florida and California, including strong-arm rape.
This is exactly why judges don't like releasing people with long rap sheets.
And it was part of and he was residing in Ypsilanti, so that's why this case is Case was here.
And and just briefly, Judge, these this the person that he was involved with that that originated in Canton, those individuals were referred to the federal system and they were prosecuted in that realm. He is the only one that was not and that is because he was not in their opinion a main character in this >> When you say their, the federal?
Correct. Okay. Correct, Judge. So and and and we'll I'll get into this when we get to circuit court, but in relationship to them being on his phone, this other individual that got charged federal had access to my client's phone.
All right. Everything in this I will reduce defendant's bond. I'm going to grant the motion in part, but not nearly to the extent that the defendant want to reduce. So reduce his bond to $250,000 cash surety bond.
Court consider 10%? If I would have, I would have said it. Okay. Well, I want to push that point, Judge. Yes.
You're doing everything to not, but >> [laughter] >> No, I will not consider 10%. Thank you.
Have a good day.
I'll call the case people versus Merlin Bement.
That's what? Oh, that's a recall. Is that Is he I just want to make sure it's working.
Did Did Can I adjust your Is it working?
Yes, it's working.
Okay. And I can see him.
Can I wait till Okay.
Okay.
Ashley Feltus for the people. Assistant Public Defender Ben Danowitz for Mr. Bement, who stands to my right.
Can you state your name for the record?
What's your name?
Okay.
Will these headphones help you? Can you hear a little bit?
Okay.
You want to try these?
No? Okay.
Your Honor, we would like to set this matter for exam.
Do you have all of the discovery?
Yes, Your Honor.
And will the people have their witnesses available?
We will try.
>> The 13th?
The 13th?
Preliminary examination in person will be set January 13th, 2026 9:00 a.m. before 15th District Court Judge.
Bond will continue >> Yes, may we address bond, Your Honor?
>> My client is 69 years old.
I looked him up in AXIS Jail. The only thing other than this case was a trespass warrant from 2011 which means he hasn't been arrested since 2011. I looked at his ICHAT um and that was clean. I don't know if he has out-of-state or suppressed cases, but it looked clean as far as what I can get.
I'd indicate to the court his current bond is $500 and he can't make that.
Uh we'd ask the court to reduce that to a PR.
This is a single witness case. No weapon was recovered uh and there's no video.
Mr. Bennett um is experiencing homelessness, but he's fine with staying at the Delonis Center if the court would allow it and he, being 69 years old, he's obviously retired.
Bond. Your Honor, the defendant has extensive out-of-state history from Florida and California dating back almost 50 years to 1977.
Of course, I can't see all of the uh charges as clearly as I would be able to if they were in the state of Michigan, but what I was able to review shows an extensive assaultive history including what was literally strong-arm rape, I believe, as one of his cases.
Assaultive cases as recently as an arrest in 2024.
I do not believe he has strong ties to this community, so I would consider him a flight risk.
I also think that he is a danger to the community should he be released.
This case involves an allegation of him threatening someone with a knife.
And I would ask the court to continue the bond as set. It is frankly much lower than our original request.
Anything else?
Um nothing else for court. I guess I could ask the prosecutor to at some point in the future potentially send me the information on the record that the defense does not have, but that wouldn't have to be today.
I'm going to deny the request at this point and continue his bond as it's set. I think it's appropriate.
Um and certainly it can be raised on the 13th of January.
Thank you, Your Honor. Thank you.
For the record, is he on the 13th? No, 15th.
Whatever that might be.
So today we saw three very different cases. One dismissed due to a missing witness, one serious child exploitation case where the bond was cut in half to $250,000.
And an older defendant with decades of criminal history who stayed locked up.
This session perfectly shows how quickly things can change in court. From funny moments to very serious charges. If you enjoyed this breakdown, make sure to smash that like button, drop your thoughts in the comments.
Which moment was the funniest or wildest for you? And subscribe for more raw courtroom footage and commentary. See you in the next one. Fire.
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