Witness Identification Chaos Shocks Judge Simpson During Explosive Court Hearing

Added: 2026-06-03

[00:00:00]Mr. Clay, bring him back out here.

[00:00:02]>> Oh, this is where things get legally dangerous. Identification testimony is one of the most challenged forms of evidence in criminal court because memory can be influenced in ways people don't even realize. The defense is essentially waving a giant red flag and asking, "Is this witness identifying the defendant from personal memory or from information learned afterward?"

[00:00:26]If the answer is the second one, the reliability of that identification could become a major battlefield. And watch Judge Simpson closely here.

[00:00:35]He immediately slows the entire hearing down. That's usually a sign that the court recognizes a potential appellate issue before it becomes one.

[00:00:44]>> Mr. Clay, don't act that way in my courtroom.

[00:00:46]>> I'm sorry. I'm sorry.

[00:00:47]>> Ever. Ever. You acting like that, quite frankly, and I hate putting it this way, but acting a fool leaving my courtroom does not help that circumstance. She will explain to you everything that's going on and why. So, am I understood that you will not act that way ever again here?

[00:01:03]Court does call the case of the people versus Julius Clay.

[00:01:05]>> The people People versus Julius Clay, are you ready to proceed?

[00:01:10]Julius Clay, do you wish to be seated at the right now?

[00:01:12]>> Julius Clay.

[00:01:13]>> Thank you.

[00:01:15]All right.

[00:01:19]Being time for preliminary examination of the people, ready to proceed.

[00:01:23]>> Your Honor, we are ready to proceed.

[00:01:24]We're ready to begin. We will not be able to conclude today, unfortunately, because one of the deputies that we have in place some other information is not available, but we will be able to proceed today with the civilian witness.

[00:01:35]We'll be requesting an adjournment following our testimony.

[00:01:41]Your Honor, I was um after the stake was set, this huge did send me an email uh subsequent to that saying that she had learned that W. Booth would not be available today, that she believed that she would need him in order to complete the exam. I did not have a particular response to that. I understand that that can occur.

[00:02:00]So I just wasn't sure of who the people were proceeding with for today, but we do intend to move forward.

[00:02:08]>> All right, so you want us you don't have any objection to start. I mean I would grant the adjournment then.

[00:02:13]>> I understand that you want it, so I I don't have a response to the fact that the people would do that.

[00:02:21]>> Okay, did you want to start today? I mean I I realize it sometimes a matter of preference. It may be what the defendant wishes to have happen. Did you want to begin today or did you want me to my next date?

[00:02:41]Well, when do we know when the deputy's available?

[00:02:52]>> Technically we'll be back next week, Your Honor.

[00:02:58]>> So, just so that you know, I have time available. I could hear it 1 week from today and it would all be together or I can break it apart. It's up.

[00:03:10]But if I adjourn it out, so that you also know, if I adjourn it out, it will be adjourned to June 11th.

[00:03:17]>> May we approach, Your Honor?

[00:03:21]>> So this happens with you, Julian.

[00:03:24]>> Yes.

[00:03:27]>> I know. I know. You always just want to talk to me. I know. Come on.

[00:03:32]But I'll I'll come up and see Ms. Landy.

[00:03:34]I don't We had a bench conference in this case.

[00:03:45]I got everything.

[00:03:49]All right.

[00:03:50]You may proceed.

[00:03:53]>> I just need a moment.

[00:03:56]You all set?

[00:03:58]May I call your first witness?

[00:03:59]>> You may call Alan Duba.

[00:04:07]>> Sir, please come forward and be sworn.

[00:04:11]>> [clears throat] >> When you take a seat, raise your right hand, please.

[00:04:28]You solemnly swear and affirm the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you God?

[00:04:34]You may have a seat.

[00:04:39]>> We need to Yeah, he does.

[00:04:43]>> You can state and spell your first and last name for the record, please.

[00:04:47]>> Alan Duba.

[00:04:49]>> A L A N D U B >> [clears throat] >> A. D U B A. Victor King.

[00:04:55]>> All right. You may inquire.

[00:04:57]>> Thank you, Your Honor. Mr. Duba, can you hear me okay?

[00:05:01]Excellent.

[00:05:02]>> Was that a yes, sir, or Okay, thank you.

[00:05:07]>> Mr. Duba, where do you live?

[00:05:15]What lot number?

[00:05:17]Is that in Washtenaw County, State of Michigan?

[00:05:21]Were you living there on February 7th, 2024?

[00:05:25]>> Yes.

[00:05:27]>> Did something happen that day that it caused the police to show up to your home?

[00:05:32]>> Yes.

[00:05:33]Well, >> [clears throat] >> So, the night I had to go out to get in.

[00:05:39]I answered it.

[00:05:41]And two men came in.

[00:05:48]>> [clears throat] >> Kim and I go trailer to the bedroom.

[00:06:01]>> Assistant.

[00:06:03]>> So let's let's break that down a little bit. You said there was a knock at the door and two men came in.

[00:06:08]How did they come in?

[00:06:10]>> Um it wasn't we were I opened the screen door and they entered and went directly into the bedroom.

[00:06:28]>> Did you invite them to come inside?

[00:06:31]>> Uh not really.

[00:06:33]>> Did you say anything to them?

[00:06:35]>> No.

[00:06:37]>> [snorts] >> Did they make physical contact with your body when they came inside?

[00:06:42]>> No.

[00:06:50]>> What happened when they were already inside of your home?

[00:06:54]>> Kim said that they were trying to take the child.

[00:06:57]>> So >> Assistant.

[00:06:58]>> One of the one of the things about these questions I'm going to ask you, we're not going to talk about anything that anybody except the men said or you said, okay? So what happened when they came inside? They went to the bedroom?

[00:07:11]>> Yes.

[00:07:12]>> Who was staying in that bedroom?

[00:07:14]>> Um Kim.

[00:07:16]>> What's Kim's last name?

[00:07:17]>> Fine.

[00:07:20]>> How do you know Kim?

[00:07:21]>> Um she was a daughter of my >> The daughter of one of your girlfriends?

[00:07:29]About how old do you think Kim is?

[00:07:31]>> Um >> Was there anyone else staying in the house?

[00:07:38]>> No.

[00:07:39]>> Any children?

[00:07:40]>> Just when it seems a hearing is winding down, one final lesson is about to unfold. Courtrooms aren't just about evidence and legal arguments. They're also about conduct. Judges have broad authority to maintain order, and frustration from a defendant, while understandable, can sometimes create problems that have nothing to do with the underlying charges. What happens next is a reminder that how someone behaves in court can influence the tone of the entire proceeding, and Judge Simpson is clearly determined to make sure that message lands.

[00:08:10]>> Jordan?

[00:08:11]>> Yes.

[00:08:14]>> Say it again for me, please.

[00:08:16]>> Um >> About how old is your son?

[00:08:20]>> About around two.

[00:08:26]>> So, when the men went into the bedroom, without telling me what somebody said, what happened next?

[00:08:31]>> I walked into the jewelry, and uh Uh >> [clears throat] >> jewelry display, stood in front of me.

[00:08:44]>> Objection, Your Honor. Um there's a total lack of foundation for that statement.

[00:08:48]>> Sustained.

[00:08:50]>> So, there was somebody that stood in front of you.

[00:08:53]Do you see that person in the courtroom today?

[00:08:57]>> I think that I I I can't the person I'm looking at.

[00:09:05]>> Your Honor, may the people request that the defendant remove his mask to see if it's the same person that this the witness saw that day?

[00:09:13]>> I respond to that.

[00:09:16]>> There To be frank with you, I find this uh I guess he don't I have to object.

[00:09:23]He could not identify any other person.

[00:09:26]Um and it is highly suggestive to have Mr. Clay sitting at this table, and if somebody must have been prompted of Mr. Clay's name, um because that was never a part of any of these reports. And so I have great concerns about whether or not he's about to make a misidentification.

[00:09:43]>> Do we have to go through my >> What 1 second, sir. 1 second, thank [clears throat] you.

[00:09:52]>> What did you say, do we have to go through your phone?

[00:09:55]>> Yes, there a number of implications about this case.

[00:10:04]>> And >> Hold on, sir.

[00:10:07]Pardon?

[00:10:08]>> And there's things that brought >> Okay, but that I think that complicates things even further.

[00:10:16]But >> [clears throat] >> for the purposes of looking at that identification, I don't want to know what was said, but who brought up the name?

[00:10:35]To you.

[00:10:38]Wait.

[00:10:39]Um Yep.

[00:10:48]As you sit here today without those conversations or whatever else was said.

[00:10:57]As you sit here today do you recall what the individuals entering the home looked like?

[00:11:06]>> They looked scared.

[00:11:08]>> Okay.

[00:11:09]And do you believe that as you sit here today, based upon seeing them presumably on that day that you could tell whether or not somebody was there?

[00:11:23]>> Yes.

[00:11:24]>> Is that absent the conversations that you had?

[00:11:27]>> Yes.

[00:11:28]>> So [clears throat] >> [snorts] >> the individuals that entered your home, how do you know their names?

[00:11:38]If you do.

[00:11:46]Okay, but [clears throat] did you Um Sir, you can stay right there. Let's take him back. Counsel, I want to see you for a >> Court is standing in recess.

[00:12:04]>> All rise.

[00:12:14]>> You may be seated.

[00:12:16]>> [laughter] >> You don't want him brought out?

[00:12:20]>> Well issue if Mr. Divine is going to be excused for the moment so that we can change over.

[00:12:27]>> Can we Can we call the case, your honor?

[00:12:29]>> Oh, I'm sorry.

[00:12:31]>> [laughter] >> Court, may we call the case of People versus Clay?

[00:12:34]>> Ashley Lowry for the People.

[00:12:41]>> All right. Go ahead. What would you like to do?

[00:12:43]>> Um I would like to excuse Mr. Divine right to um hear concerns regarding potential for identification or misidentification of this witness, but I would pass at this time. Is that this witness be excused at this moment?

[00:13:00]I know that the exam is going to be adjourned to another day anyway, um and I need to evaluate um the testimony that was just received as well as next steps for the defense regarding how I might handle that legally.

[00:13:12]Um and so in order to protect the record from what might be perceived as future taint, I would just ask for Sir Clay back.

[00:13:21]>> Understood.

[00:13:23]>> [clears throat] >> All right.

[00:13:25]And I understand that. and um just so >> [clears throat] >> just so that the record is clear the without going into the specifics this court had heard the examination of the co-defendant.

[00:13:49]There are some concerns that the court has and should allow counsel for the defendant to explore regarding reported or what I suspect will be an identity in court identification of the defendant.

[00:14:10]In light of that testimony I'll leave it there so that I don't say too much but we'll do that.

[00:14:20]I will then excuse this witness.

[00:14:24]>> Thank you honor and as the people indicated in chambers it is our intent to recall this person when this case is adjourned to on June 11.

[00:14:31]>> Yes, thank you so you may sit down.

[00:14:35]Um All right, he has now left the courtroom. We can bring the defendant out.

[00:14:48]The record the record in the people versus Clay matter the record should reflect that Mr. Clay is now present in the courtroom.

[00:14:55]>> Thank you honor. I just think that we're >> All right, may call your next witness.

[00:15:03]>> Thank you the people call Deondre Burton.

[00:15:07]>> Sir, please come forward to be sworn.

[00:15:12]Please take the seat raise your right hand do you solemnly swear or affirm the testimony about to be given in this truth the whole truth and nothing but the truth so help you God?

[00:15:18]>> I do.

[00:15:19]>> You may be seated.

[00:15:20]State clearly your first and last name for the record, please.

[00:15:22]>> First name is Ryan Y A R D Y, last name Burton >> B U R T O N >> You may inquire.

[00:15:28]>> Thank you. Sir, how are you employed?

[00:15:30]>> I work for the Washtenaw County Sheriff's Office.

[00:15:32]>> In what capacity?

[00:15:33]>> I'm a police services sergeant, a deputy sheriff.

[00:15:36]>> How long have you been a deputy sheriff with the Washtenaw County Sheriff's Department?

[00:15:39]>> Two years coming >> Were you so employed on or about uh February 7th, 2024?

[00:15:44]>> Yes, I was.

[00:15:45]>> What shift were you working that day?

[00:15:47]>> The night shift.

[00:15:48]>> And were you assigned to a specific area or what?

[00:15:52]>> Yes, I was assigned to the city of Ypsilanti, Washtenaw County.

[00:15:56]>> Did you respond to an address on Julie Drive that night?

[00:16:00]>> Yes.

[00:16:00]>> Do you remember that address?

[00:16:05]Is that in Ypsilanti, Michigan, Washtenaw County? State of Michigan?

[00:16:09]>> Yes.

[00:16:11]>> What happened when you arrived at that scene?

[00:16:13]>> Um The person was pretty uh distraught, hysterical. He said he had some issues with his baby mama, told her to calm down.

[00:16:23]>> How many people were at that address when you responded there?

[00:16:26]>> Uh total of three.

[00:16:28]>> How many males, how many females?

[00:16:30]>> Uh one male, two females.

[00:16:32]>> Did you happen to make contact with the male at that location?

[00:16:35]>> Uh no, my partner did.

[00:16:37]>> Did you observe that male?

[00:16:38]>> Yes, I did.

[00:16:39]>> Did you later come to know his name?

[00:16:41]>> Yes.

[00:16:42]>> What was it?

[00:16:42]>> Allen.

[00:16:43]>> Allen?

[00:16:44]Did you observe any injuries on Allen?

[00:16:46]>> Yes, he had injuries to his uh head.

[00:16:50]>> Do you recall where?

[00:16:51]>> Right here in the back of his head.

[00:16:52]>> You're using your hand and you're sort of circling around the back crown of your head. Is that correct?

[00:16:56]>> Yes.

[00:16:57]>> [snorts] >> Can you describe the injury that you saw?

[00:17:00]>> It was large enough >> Did you make contact with any suspects at that location?

[00:17:09]>> No.

[00:17:10]>> Remember what what moment, please?

[00:17:12]>> Yes.

[00:17:12]>> Pass witness.

[00:17:13]>> All right.

[00:17:14]>> I have no questions for this witness.

[00:17:16]>> All right. Thank you, Deputy. You may step down.

[00:17:18]>> Thank you.

[00:17:21]>> Pay attention here because what looks like a routine scheduling discussion may actually be setting up the biggest issue in the entire hearing. The judge, the prosecutor, and defense counsel head to the bench. And when that happens, it's often because something sensitive can't be discussed openly in front of witnesses. Veteran courtroom watchers know that these quiet conferences can end up having louder consequences than the testimony itself. The question is what exactly is everyone suddenly become concerned about?

[00:17:52]>> Your Honor, I believe the date that the court set was perhaps still June 11th?

[00:17:57]>> Yes.

[00:17:58]So, we will stop this uh examination at this point.

[00:18:04]Uh preliminary examination will be adjourned.

[00:18:09]Court's continuation to June 11th, 2024 at 11:00 a.m.

[00:18:17]>> 11:00 a.m. Thank you, Your Honor.

[00:18:18]>> Yes. Before me. Thank you.

[00:18:24]Respond will continue at this time.

[00:18:32]Would you explain to him why?

[00:18:34]>> I'm sorry, Your Honor.

[00:18:37]>> Mr. Clay, bring him back out here.

[00:18:46]Where'd she go? Never mind.

[00:18:53]Mr. Clay, don't act that way in my courtroom.

[00:18:55]>> I'm sorry. I'm sorry.

[00:18:56]>> Ever. Ever.

[00:19:01]I realize that you want this to proceed at a certain pace.

[00:19:05]Rest assured, part of the reason that the conference was taken in my chambers with with attorney was she was seeking to make sure that all of your rights were protected. You acting like that, quite frankly, and I hate putting it this way, but acting a fool leaving my courtroom does not help that circumstance.

[00:19:24]She will explain to you everything that's going on and why.

[00:19:29]So, am I understood that you will not act that way ever again here?

[00:19:33]>> Yes, sir.