In criminal proceedings, courts have the authority to order correctional facilities to allow defense attorneys to communicate with their clients, and failure to comply can result in the court ordering the warden to appear in person to explain the violation.
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Bring the Warden In! - Judge Elmore Threatens Prison OfficialAdded:
All right. I I understand they probably have some difficulties, but I do not care.
>> So, as this pre-trial hearing progresses, a serious problem between the defense and the prison comes to light. The attorney says that they haven't been able to communicate with their client, and Judge Elmore is making it very clear how serious that is. But while the judge is focused on the constitutional issue, the defendant tries to move things in a completely different direction. So watch how this chaos plays out. My name is Dan. This is the courtroom files >> who had a vacation.
Go out and join that vacation. Our next case today is people of the state of Michigan versus Bobby Deo. File numbers 26-14212 FH. Appearances are reported.
>> Thank you. David Hound on behalf of the people.
>> Good morning your honor. Alison Castle on behalf of Bobby Deo.
>> Good morning your honor. Lisa Kers Satawa also on behalf of Bobby Deo.
Before they get going, let's pause for a second. Lindsay gifts 20 memberships.
Lindsay, thank you so much. Uh, very generous of you and TCF would not be the same without you and your presence. So, thank you so much.
>> Thank you very much. And joining us today via I'm sorry, Miss Satawa joins us via Zoom. And also joining us via Zoom from a Michigan Department correctional facility is the defendant, Mr. Bobby Deo. Uh, Mr. The boys, are you able to see and hear the court this morning, sir?
>> I am.
>> All right. Great. Thank you. We're here today for a final pre-trial conference in this file. Um, I do see that there was a motion for assistance for contact from the client.
>> Do I is that still an issue today, Miss Castle?
>> Yes, your honor. Um, I was able to speak to Mr. Boy for about between 15 and 20 minutes this morning. um through the RIT. Um we did have difficulty initiating uh that call through the jail. Um but as recently as about 10 minutes ago, I was looking at the uh platform for scheduling visits and my status hasn't changed. It still uh reads the error that my registration has not been reviewed and I'm not allowed to schedule visits right now to please check back later.
You're I received >> my my status is the same.
>> All right.
>> I've received no fewer than five approval emails from the prison. So I we don't know where this issue is.
>> Okay.
So let's go through a couple questions.
Is there you had some opportunity speak.
Let me take a look and see what the charges are.
So within the short amount of time that you had to speak with him, were you able to discuss enough to tell me whether or not there is a resolution today?
>> Um yeah, there is not a resolution, your honor. It's my will be proceeding to trial and requesting final pre-trial just to ensure I can um meet with Mr. Voys as well as file motions.
>> U yes sir. Yeah, just just a few things on that. First of all, I'm not challenging and I have no issue. I understand and I appreciate there's been some difficulty with communicating with the defense. I certainly would encourage uh more ritz if that be necessary. This is, I believe, the second final pre-trial. Um I'm not I'm not opposed to an objection, but it does appear as if we're continually uh kicking the can. I do want to formally withdraw any plea offers that the people have grievously extended. Does appear that this is going to go to trial. Um my fear is is that again I don't oppose a request to adjurnn. My fear is originally we had the scheduling order in in uh February that gave a period of time for 30 days for motions. My fear is is that this is going to be continue to be adjourned.
>> I'm just going to ask what the motions are and then I'll make a >> first let's take a look at what the motions are.
>> Um I have a motion to uh quash as well as a motion to suppress evidence. Um if I >> motion to quash >> yes >> the bind open.
>> Yes.
>> Was there a waiver?
>> No. There was the preliminary exam was held on February 30th.
>> Did we not get a transcript or do you guys have a transcript?
>> Yes, we have the transcript.
>> Oh, okay.
>> Might be in the >> There might what?
>> It might be in sleep if there are multiple transcripts. Oh, okay. Thank you.
>> Just to address the delay in filing motions, um well, yes, that was the initial uh due date due to these um issues with communicating with Mr. Deo, our last opportunity to have um non-recorded communications was on January 23rd uh prior to the preliminary exam.
>> Okay.
Well, a motion to quash would be only based upon the information presented at the Freeland >> which would be when was the transcript produced.
>> You have a stamp copy received at March the 6.
>> How can they file that in the last two months, three months?
>> You don't need to speak to him. It's all the emotion to bosshed over only based upon the information presented at the trial or the prelimin.
>> I have no uh explanation as to that. No, you're waiting to speak with Mr. Boy about >> that's denied.
>> All right. Unless you ask me then then you need to file a motion to explain why you failed to file the motion timely.
>> So that what's the next one? Uh the other would be a motion to suppress the evidence. Um the needle which was obtained uh >> why hasn't that been done in the last three months >> to speak with Mr. Deoy. Um also we didn't receive the um actual test results of the needle until I can look into it. We received that but it was I believe just prior to the last final pre-trial.
>> You got a week to file those and get them. There you go. Understood.
>> Thank you.
>> Thank you. When I said those, I mean the motion suppressed, not the other one.
You missed the bind over because you didn't file it in time and you've had the transcript for multiple months. So, there goes that one. And the motion is suppressed. That's a constitutional issue. I'll let that one be preserved.
You have to have the motion filed and heard by next week because the case will go to trial. Now, I will send an order that if you draft an order that says the prison must allow unre unrecorded communication and I'll put in there, if you want to put in there a period of time that you think is appropriate, whether it's an hour or two hours, I'll put that in there. And then other and then in the bottom I'll tell you I'll we'll ask you to prepare an order that says their failure to cooperate will result in the court ordering the warden to this court physically.
>> All right. I I understand they probably have some difficulties but I do not care. The Department of Corrections will bring the warden here in this courtroom, not via Zoom. You can put that in there, too. The court will not accept a Zoom appearance.
>> Understood.
>> All right. And I do not like it when a jail or prison is not helping the defendant speak with his counsel. That is 100% unacceptable.
I I can't even fathom why they're not doing it. And so, the answer is we'll get it done. And if I have to issue a writ to bring him here and put him in our jail for days, I'll make sure that happens, too. But and we need to have that. You prepare that today. I don't handwrite it.
I could have somebody print it out here, but that's that's 100% unacceptable.
All right.
Uh, anything else, Mr. Den?
>> No, I believe the courts covered the issue.
>> All right. Thank you very much. Anything else, Miss Castle?
>> No, your honor.
>> All right. This case is at the top for proceeding to trial. And what's the trial date, madam? Yeah. Oh, hold on just a second. Let me get the trial date first and I'll turn to you.
>> Yes.
>> June 23rd.
>> All right. Yes, ma'am. Mr. Tower.
>> Um, I am having major ankle surgery on Friday, June 12th, which is next next Friday. Um, so I was just going to ask you if you could put out the trial date uh beyond that. And also, Mr. De Boyce is raising his hand, so I think he may have a question.
>> I'll get to him in just a second.
>> Okay.
>> Who's the other attorney from your office?
>> Uh, Lyn Gats.
>> Mrs. Gats, I believe, is available. I can confirm right now for you, your honor, if you just give me one second.
It was June, what was the date? 23rd.
>> 23rd.
>> I have one calendar, actually.
>> All right. No problem. All right. It's going to go on June 23rd. We kicked the can long enough. Uh now Mr. Deo, you have your hand raised. Either that or you're scratching your head.
>> No. Yes. Uh your honor, for for uh the sake of the court and time, this has been drugg out for months and months and months. If he's extending the offer for a possession right now, I'm going to accept and we're just going to move forward. I want to put this to rest. I want some peace in my life. This has went on long enough. Like if that is the case, I'll accept and we'll just move forward with sentencing. Like this has been this has been super taxing on me emotionally, physically. I'm already in prison like for the sake of the cost for the court and the time and the energy.
Like I think there's time better well spent if I'm just being honest with you.
Um I'll just accept it and we can move forward.
Hold on just a moment. We need to turn back to two other people here. The first one is the prosecutor. Now, hold on.
Before I do, let me ask you, is anybody scored >> for just a simple possession?
>> I'm going to guess, Mr. Mr. Deo, you're currently in prison. And what what are you in prison on?
uh on a it's a parole violation for a domestic violence from four years ago almost five years ago.
>> All right. With a half four, I'm going to assume he scores a five to 23. Maybe a 10 to 23.
>> That's what I'm seeing is 10 to 23. I was just verifying >> based upon experience.
>> That sounds like in the ballpark.
>> Does anybody know how long a parole violation is on?
The the Otus currently originally was a date in uh April because of the violations it's been moved to July something. I don't know if it's going to be extended further, but that's what Otis says today.
>> And this morning uh Mr. Boy advised that uh he believes he had about 10 months remaining. So it's an influx.
Your honor, I just so um looking at the scoring I just I just wanted to clarif because of the extensive prior record it is somewhat higher. Um I >> just tell them what you think.
>> I have it at 19 to 38.
>> All right. Well, okay.
All right. So, I I will I'm not going to I can let council speak to their client before we even do that. The first question comes to Mr. Denel. Mr. Denhelton, I guess that's an offer to reopen it technically.
Oh, it's up to you now.
>> Uh well, that that coming in today that was that was my b that was my bottom line. We've had some discussions. I I was under there saying that the defendant was not going to accept it.
But um if he were to uh if he were to make the plea today, uh I I would I would allow that to go forward. I I would I would extend that today if he accepts today.
>> I mean, if we can get the if I can get the guidelines nailed down today and we can come to some >> I got it everybody.
know what we're going to do? At least I know what I think we should do.
We're going to take about right now it's at 10:00 or quarter to 10. We're going to Mr. Deo if anybody from the prison comes and gets you, you tell them no that some really mean but handsome and charismatic judge in Cadillac says you need to stay there for another 30 minutes.
We're going to see if we can go contact YouTube. You can call in, by the way. In fact, do that, Miss Scott. Call in so that way he's occupied, right? Call into our Zoom. We'll put you into a breakout room. Meanwhile, Mr. Denhountain, um, do you have anything else going on over Lake City today? This morning, uh, this afternoon arrangements, but nothing further.
>> Nothing this morning. All right, we'll chill out. Your >> honor, we'll be all right. Your >> honor, may I >> Yes, you may. May I ask Mr. Dent, will you consider a use for the syringe, please?
>> Uh, hold on. Hold on. I'm gonna I can't keep doing this with this one case.
We're going to take Mr. Miss Cast >> and or Mr. Satello can dial can be placed into a breakout room.
>> They you can talk to them. Mr. Denhound is not going to go anywhere. He's going to sit over here and watch us today or maybe get a cup of coffee. I don't know.
And then do I have any department of corrections people here? I do not.
Don't worry, I will ask my staff because they'll respond quicker to us. What was his last guideline scoring like his PRBs?
Anybody?
>> I believe you might have maxed them out.
>> Yeah, I'm sure he did.
>> And and and and not to believe it, but I think the scoring I just indicated that was based upon two to two a plea to resisting obstruction which has been removed. I think it's a little bit lower than what I just indicated.
>> Okay.
All right.
Cuz on a maxed out and on one of these possessions on a deep grid everyone here in court, welcome to watching a sausage making.
All right. Yeah, he's going to max out on a 10 to 23. It could be a 19 to 38 if he has 10 points or more. And the only other points that he would be scoring would be for the O uh OB, whether or not he scores for 12 or 13.
12 for that uh assault resist.
What does that give him?
One point in whether or not there's anything for OB13.
As long as he doesn't score more than nine points, it's a 10 to 23.
You guys think about it. We're going to call you back in a little bit. Mr. Satawa, you can be put into the breakout room, too, along with Miss Castle. And uh we'll call the case back, Mr. Duboce.
Thank you all very much. And then you all you all decide what you want me to do.
>> So, I think he can understand why the defendant was frustrated. But the judge was looking at something bigger than just getting the case over with. If the defense can't communicate with its client and the prison is allegedly interfering with that, then the process itself has a huge problem. We know what Judge Elmore thought of all of it, but I'm curious to know what you think. So, take a moment, let me know down in the comments. And if you enjoyed this video, check out one of the two that are on your screen right now. Thank you so much for watching.
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