In state court proceedings, sovereign citizen arguments claiming the court is not an 'Article III' court are invalid because state courts operate under state constitutions and laws, not the U.S. Constitution, and judges are appointed by the state rather than nominated and confirmed by federal bodies.
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Sovereign Citizen Tries the ‘Article III’ Script — Judge Shuts It Down Instantly!Added:
And and this is Mr. Traml, right?
>> Oh, I was just going to I was just going to call Mr. Traml.
>> Ready?
>> 26 CR 921 Traml appearances.
>> Daniel Con on behalf of the people. Mr. Traml is present on bond prosay.
>> Looks like last time we were in court, uh he was asking for extra time to potentially hire counsel.
We I had um on April 6 um I um indicated to you that um you should apply for the public defenders office. Did you do that?
>> Yes, ma'am. No, I did not. Um >> you qualified in that time. Um a lot transpired.
>> Okay.
>> Did you get the notice that I submitted into the case?
>> The the letter?
>> Yes.
>> Did you get it, Mr. Cohen?
>> Let me check real quick. Uh yes, I do see that. Um so your um did you have an op first first and foremost I'll um indicate to you that I am not an administrative law judge. Okay.
>> All right. Um but it looks like based on what you were asking in here is that you're asking for restitution. Um that is not something that can be done out of this case.
>> All right.
>> Um and you you're invoking a number of other um >> Yes. I mean given given the nature that there's no injured party or no uh damage to property, I have a concern with an administrative court hearing a >> I'm not administrative court.
>> You're not. This is not an administrative court.
>> No, this is part of the judicial branch.
This is not part of >> Excuse me.
>> This is an article three. We're in article three court. Th >> This is not an administrative court.
>> Are we in an article three court?
>> I mean >> I mean that's just a simple question.
I'm not trying to be difficult. I want to know what I'm walking into before I >> Your honor, um >> I'm not trying to be difficult at all.
>> I would just ask that >> given the nature of what's going on here, I need to know exactly what I'm >> So, last time we were in court, this court uh agreed to continue, but said the court would expect to move forward on this date. Um at this point, the people would just ask that the court enter a not guilty plea on behalf of Mr. Traml uh and set it for a disposition date. Um, it sounds like Mr. Traml has some philosophical beliefs about the system that don't exactly match with the facts of the of his situation, but that's neither here nor there.
>> You're citing the United States Constitution and we're governed here.
Um, I'm I'm appointed by the state. So, this is not a federal court. This is a state court. So, no, this is not an article 3 court. This is a state court.
All right? This is not under the United States um constitution. I am not appointed. I I'm I'm not I wasn't nominated or confirmed by any federal body. This is a state court. So I know this is take an oath to the constitution. And are these state rules repugnant to that oath? That's the only question I have.
>> Yes. Yes, there are state rules. And you are charged in this case with having a dangerous weapon, possessing a dangerous weapon, and having a large capacity magazine, which is prohibited. That's what you're charged with under the state law. So, how do you want to move forward? You don't have an attorney.
We're currently set for a um appearance of counsel. So, let's go ahead and set this for arraignment.
>> Z.
>> Set for arraignment.
>> Yes. So, at that point, or you can do that today if you'd like. Plead guilty.
You can either reach an agreement or you can enter a not guilty plea. Do you want to enter a not-uilty plea?
>> No, I do not.
>> What do you want to do today? What he's saying is >> set this for another arraignment. I need more time to figure out what it is.
>> So, why don't we come back next Friday at 8:30 and at that time it'll be set for arraignment.
>> All right.
>> Friday.
>> Friday the 29th.
>> Can we do the following Friday?
>> That's a um the following Friday is the 5th. Do you have an objection?
>> No objection.
>> June 5th at 8:30.
>> Thank you.
>> And that'll be for arraignment.
>> Nice. Great.
>> Thank you, sir.
All right, good morning everyone. This is 25 CR5069 people versus DJ Fuller.
Mr. Fuller peers representing himself accompanied by Mr. Yorko's advisory council. Mr. Albino is here on behalf of the people we're set today for pre-trial readiness conference.
Other parties p prepared to proceed with trial as scheduled. Mr. Albino, the people are ready. Thank you, Mr. Fuller.
Are you prepared to proceed with trial as scheduled?
>> Yes, your honor.
>> You filed a motion to suppress. How do you intend to address that in the time that we have remaining?
>> Press it.
>> I'm not going to do that. That's not how it works. You filed your motion late.
I don't have more time to give you the first one when I find I filed it. He was he was denied. So I filed it again.
>> Yeah.
It was woefully inadequate and I denied it. How How do you propose we address your motion to suppress, Mr. Fuller?
I have no time to give you between now and your trial. Do you want to do it on the first day of trial?
>> Might as well.
>> Okay.
You you have an obligation, Mr. Fuller to establish that you were in custody.
Your motion doesn't establish that. You will need to present evidence establishing that you were in custody uh and subjected to custodial interrogation. If you were not in custody, your Miranda motion fails as a matter of law. Okay.
The fact that you were detained and asked questions does not mean that you were subjected to your liberty was restricted to the degree associated with formal arrest. You'll need to establish more than just law enforcement came up, told me I was detained, and asked me questions.
>> That's what they did.
>> Well, I'm telling you that's not enough to establish your motive. If that if that are if those are all the facts, then we can resolve it today.
>> Let's do it. Uh, okay. Are those all the facts that you intend to present, Mr. Fuller?
>> So, I got right now.
>> What I'm telling you, Mr. Fuller, is that you need to call witnesses to establish the fact that you were under arrest.
>> I don't have any.
>> I'm walking alone. I don't have any.
>> You can call the officers, Mr. Fuller, if you want to.
>> I'm going to deny your motion if those are all the facts that you were detained and that they asked you questions.
That's all that you've alleged in your motion.
Uh we'll address that when we return on the 8th. You'll need to present some evidence uh to support your motion.
Understood.
>> May I have a bond today?
>> No.
This is the 10th time I think that I've denied your request for bond. Uh any other issues that you'd like to address today, Mr. Fuller?
>> Good. Please.
>> Sure. Sir, >> sure. May I approach?
>> You may.
>> Oh, okay. We'll put that in the record.
Mr. Fuller, I'm not going to change my mind about Bond.
>> I will place to go.
>> Great. I'm still not going to change my mind. Mr. Fuller, you'll uh your motion to require Miss Kelly to conduct a drug test or a lie detector test are denied.
There's no basis in the law.
>> Feel line beaten.
>> Mr. Fuller, I have to make a ruling on your motions.
>> He's a liar and a drug addict.
>> Okay, >> I guarantee that. I was with you for a year.
>> Th those are avenues for cross-examination.
There's no mechanism under the law that will permit me to force a witness to take a drug test or to submit to a lie detector test.
Those motions are denied.
The people's motion uh to introduce 404b evidence is granted. These are instances that involve the same victim. Uh the alleged information is that a third an independent third party witnessed uh the alleged uh other act. uh I find that that provides sufficient guarantees to allow the court to determine by preponderance of the evidence that that other act occurred.
Uh people are offering that evidence uh to establish motive uh intimate relationship uh knowledge, intent and an absent of mistake or ablevant purposes.
This relevance is independent of a bad character. These are all alleged uh acts of violence involving the same victim as part of an ongoing relationship.
>> No acts of violence.
>> It's on camera. No acts of violence at all.
>> Mr. Fuller, I have to make a ruling on the pending motion. The um alleged acts all took place as part of arguments between Mr. Fuller and Miss Kelly, they all involve they both involved the same type of argument, namely alleged infidelity of the parties. Uh they show a specific tendency.
>> I can't win J. Pat's case.
>> Mr. Fuller, please stop interrupting. I need to make a ruling on the motions.
Okay. I'm making a record so that you can appeal me and you can ask the court of appeals to decide whe whether or not I got this correct. Okay.
>> You have not. Well, that'll be your option to pursue at a later date. Uh, >> let me out.
>> Mr. Fuller, Mr. Fuller, stop talking or I'll I'll remove you from the courtroom.
I don't want to do that because you're supposed to be representing yourself, but if you're going to continue to be disruptive and prevent me from making this record, I will remove you.
Understood?
Is that a yes or no?
>> I Okay.
Uh these all took place during uh an ongoing relationship. They all involved a similar argument, alleged infidelity.
The court finds that they uh establish a specific tendency on the part of Mr. Fuller to act violently towards the victim when frustrated or as part of arguments of this type. uh the court finds that the probitative value of this uh information this other act evidence is not outweighed by the danger of unfair prejudice. While there is some uh danger of prejudice um this is a court trial the court will consider it only for the proper purpose that it is admitted and not for an improper purpose. uh court is mindful of that limited purpose and will constrain the evidence only to that limited purpose.
The objection to the 404B evidence is therefore overruled. Any other pending matters, Mr. Albino?
>> I don't believe so, your honor. Um however, um as I recall, the uh the witness who observed uh the the 404b act uh might need a Spanish interpreter. I'm 90% confident. Um, but I would imagine that I would call him later in the trial so we can address that.
>> Okay. We'll note, will you just have your office uh contact my division to make sure that we have a interpreter scheduled for that?
>> Yes. Thank you.
>> Let's resolve this.
>> Mr. Fuller, >> let's resolve it.
>> Mr. Fuller, you can resolve it with Mr. Albino anytime you want. I'm not involved in that. Uh, Mr. Fuller, is there anything else that you'd like to address?
I have a second to talk to him. Sure.
Mr. Fuller, Mr. Yorko, >> Judge, I know I'm advisory council.
However, Mr. Fuller did say he would like to accept. I guess there was a plea agreement in the file that he didn't want to take. Um, but I guess he wants that deal. I don't know where it is. I'm trying to find it.
>> Mr. Albino, is that the people's Well, what's the people's position?
>> Uh, your honor, I'm just Oh, it was filed on March on March 30th.
>> Yes.
>> If Mr. Fuller would like to accept that plea agreement, it is still open to him >> for today.
>> Okay. Mr. Fuller plea agreement indicates that you would plead guilty to criminal attempt to commit seconddegree kidnapping, a class 5 felony and count three, assault in a third degree class one misdemeanor that you would stipulate to an underlying factual basis of domestic violence uh for those counts.
In terms of a sentence in 25 CR569, you the parties agree that you would receive a community correction sentence if accepted and if rejected, you would receive a Department of Correction sentence of no more than four years. In 20 CR 1125, which is a probation revocation matter, you uh sentencing would be left open to the court or would also dismiss 25 M 2185 as part of the plea agreement. You agree that all applicable search charges, fees, and costs would be imposed as part of your sentence?
>> Yeah.
There.
>> Sorry, the way that it got scanned in is backwards. You agree that there are facts that may justify sentence in the aggravated range, namely that you were on parole or probation for a felony at the time of the commission of the crime uh because you were on probation uh for a felony in 20 CR 1125 when you committed the offense in 25 CR5069.
You would acknowledge that you have one prior felony conviction and five prior misdemeanor convictions and you acknowledge the validity of those prior convictions. And then finally, you would specifically wave your right to seek reconsideration of your sentence pursuant to rule 35B of the Colorado Rules of Criminal Procedure.
>> Mr. Fuller, that's how I understand the plea agreement. Is that how you understand the plea agreement?
>> I, >> Mr. Albino, is that how you understand the plea agreement?
>> Yes, >> Mr. Fuller, this plea agreement is not how you want to resolve the case.
>> Gear done.
>> Okay. You were represented by an attorney when you reviewed this plea agreement previously and then rejected it. Uh did you have sufficient time to talk to an attorney about plea agreement?
>> Yes.
>> Do you want additional time to talk to Mr. Yorko? Uh do you want an additional time to think about how to proceed?
>> No.
>> Mr. Fuller, repeatedly you've asked me to give you bond in this case. Uh which I understand. Are you just taking this plea because you think that that will get you out of custody?
>> No.
>> Okay.
>> I want to resolve this and get her done.
Put it past me. I'm over it.
>> Okay. Well, we started today you saying that you wanted to go to trial, that you wanted to proceed with the the trial that we'll have in a couple weeks. Uh why all of a sudden are you changing your mind?
>> Because I feel it' be better for me to uh go through concour.
Okay. Uh, no. Meow. Anyway, so I must do something.
>> All right. Uh, do you feel like you're thinking clearly today, Mr. Fuller?
>> Yes, your honor.
>> Have you consumed any alcohol, drug medication, >> uh, in the last 24 hours?
>> I'm concussive. Come on now. No, >> I'm I'm not under the illusions that people It's impossible for people to consume controlled substances while in the jail. Mr. Fuller, my question is, have you consumed any medication, drug or alcohol in the last?
>> No, you haven't.
>> Okay, Mr. Fuller, I need to ensure that you understand your rights and how those rights may be affected by your plea. You have the right to a trial in this case.
You've waved your right to a jury trial in this case, but we would proceed to trial. And at trial, uh, the prosecution would have the burden of proving uh, the charges beyond a reasonable doubt. Uh, if they failed to meet that burden as to any one or more elements of an offense, you would be found not guilty of that offense. At trial, you would have the right to testify or to remain silent.
And if you chose to remain silent, your silence cannot be used against you in any fashion. Uh, at trial, you would also have the right to confront and cross-examine any witnesses called to testify against you, present evidence, and call witnesses in your own defense or use the subpoena power of the court to secure the attendance of any witness that did not wish to appear here voluntarily.
Uh uh but you wouldn't be required to do any of those things because the burden would be entirely on the prosecution.
Finally, if convicted, you to have the right to appeal any conviction to a higher court. Mr. Fuller, do you understand all of these trial rights?
>> Yes, your honor.
>> You understand that by pleading guilty, you give up all of those trial rights?
>> Let's go to trial. it.
>> Okay. You want You want to go to trial?
Let's >> do it.
>> Okay.
>> He has to prove everything anyway.
>> That's right.
>> He can't do it.
Okay. All right. I just want to make sure that I understand what you want to do, Mr. Fuller. You want to go to trial now.
I don't know.
All right, Mr. Fuller. I know that this is a difficult decision. Uh, and I'm not trying to suggest you you proceed one way or the other. Here's what I'm going to do. I'm going to bring you back later today so that you can think about how you want to proceed. Okay? you can give it some thought. I don't want to put you in a position where you're trying to make an an extremely important decision uh without having had the opportunity.
You have told me today three different things in the span of five minutes that you want to go to trial, that you want to plead guilty, that you want to go to trial. We've vacasillated back and forth. That indicates to me that you're struggling with that decision. And that's a that's a good thing, Mr. Fuller because this is a weighty and important decision. Uh, and I don't want to force you to decide one way or the other on an impulse. Okay. So, I'll bring you back.
Do I have time at 1:00 today?
I said, do I have time at 1:00 today?
Okay. And we can set it against that.
Mr. Abino, are you available at 1:00 today?
I have a staff meeting scheduled for 12:45, but I will I'll be here at 1.
>> Mr. Yorko, are you available at 1:00?
>> Yeah, it's fine.
>> Deputy, will that create an issue for you?
>> All right, Mr. Fuller, I'll see you back at 1:00.
>> We'll address how you want to proceed.
I'll give you some time to think about it, and then if you want to go to trial, we'll just go to trial. If you want to go forward with the plea, we can continue to go forward with the plea.
However you want to proceed. Okay.
>> All right. I'll see you back here at 1:00. We'll be in recess on this case until then. Years. Any Department of Correction sentence would be followed by a mandatory period of 2 years of parole.
In addition to or in lie of a department of correction sentence, the court could sentence you to a fine of $1,000 to $100,000.
Do you understand the possible penalties that could be imposed on that class 5 felony? I.
>> Count three is a class one misdemeanor that carries with it a potential jail sentence of up to 364 days or fine of up to $1,000 or both. Do you understand the possible penalties that could be imposed for that offense?
Now, for each of these offenses, you're also stipulating to an underlying factual basis of domestic violence.
Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.
Domestic violence also includes any other crime against a person or against property, including an animal, or any municipal ordinance violation against a person or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. Mr. Fuller, do you understand that by stipulating to an underlying factual basis of domestic violence, you are agreeing that that definition applies to the charges in this case?
I >> do you understand that the prosecution would otherwise be required to prove that that definition applied before they could be considered acts of domestic violence?
>> I do you understand that there are a number of collateral consequences that may result from having a conviction for domestic violence offense on your record?
>> I those include restrictions on your ability to possess firearms or ammunition in the future. uh as well as the possibility of being charged as a habitual domestic violence offender and that if you have three or more prior qualifying convictions for domestic violence, any future act of domestic violence uh could be charged as a felony offense regardless of its underlying classification.
>> Sir, as I said before, I have in front of me that plea agreement. On the second page of that agreement is a signature.
Was that your signature? I >> did you sign this plea agreement only after you had reviewed it in its entirety with your attorney at the time?
>> I >> do you have any questions about anything in the plea agreement?
>> Do you uh understand that if I accept your plea, you will be bound by this plea agreement?
>> I >> I also have in front of me a document that I call a rule 11 advisement form.
This is a document that goes over a number of rights, many of which we've already discussed. And next to several paragraphs in this document are some initials. Are those your initials? I >> is the intent of those initials to indicate that you had reviewed and understood each of the initial paragraphs.
>> I.
>> And then on page four of that document next to the word defendant is a signature. Is that your signature?
>> I.
>> Did you sign this rule 11 advisement form only after you had reviewed it in its entirety with your attorney at the time?
>> Is that a yes? Sorry.
I >> uh do you understand everything that's in the rule 11 advisement form?
>> I have any questions at all about anything in this? Negative.
>> Do you understand that if I accept your plea, you'll be bound by this document as well?
>> I sir, other than what's set forth in the plea agreement, has anyone made you any other promises to get you to plead guilty in this case?
>> Negative.
>> Do you understand that I will not be bound by any promises made to you about a sentence except what's spelled out in your plea agreement?
>> Negative. I >> um has anyone made any threats to get you to plead guilty?
>> I do.
>> Is anyone forcing you or trying to pressure you in any way to get you to plead guilty?
>> I do.
>> Is your decision to plead guilty your own free and voluntary choice?
>> I >> Are you pleading guilty to these offenses because you believe that you committed these offenses?
>> I uh Mr. Albino, would you like to present a factual basis for the charges?
Well, let me ask it this way. Mr. Filler, any objection to the affidavit in this case uh supplying the necessary factual basis for the charges in this case?
>> Any objection to that?
>> No, your honor.
>> All right. The court will utilize the affidavit which it finds provides sufficient factual basis for the charges in these cases. Mr. Filler, do you have any questions for me about anything that we've talked about today?
>> Negative.
>> Have you understood everything that we've discussed? Hi.
>> Um, Mr. Fuller, is there anything that you believe that I've missed in our colloqui?
>> No.
>> Mr. Yoro, anything that you believe that I missed?
>> No.
>> Mr. Albino, anything that you believe that I >> I don't plead so >> All right then, Mr. Fuller, now is the time for you to make a decision as to count two, criminal attempt to commit seconddegree kidnapping as a crime of domestic violence, class 5 felony. How do you plead guilty or not guilty?
>> Sorry.
>> Guilty. And as to count three, assault in the third degree, a class one misdemeanor as a crime of domestic violence. How do you plead?
>> Guilty.
>> Having observed Mr. Fuller, his demeanor, and his answers to my questions, and having advised them of his rights, and make the following findings, Mr. Fuller is competent to enter his plea, he understands the nature of the charges, their elements, and the possible penalties. He also understands his right to a trial. With this knowledge and after the opportunity to discuss this matter and consider it uh discuss it with his advisory council, Mr. uh Fuller has knowingly and voluntarily waved his rights. He's made a knowing voluntary and intelligent plea here in open court to the charges of criminal attempt to commit secondary kidnapping uh as a crime of domestic violence class 5 count two as well as assault in the third degree as a crime of domestic violence count three. Court is satisfied that Mr. Mr. Fuller understands the plea and the basis for the plea agreement.
There is a factual basis as set forth in the affidavit. Court therefore accepts the p. Judges Mr. Fuller guilty of counts two and three. Conviction shall enter as to each of those offenses. Mr. Albino, are the people moving to dismiss the remaining charges in this case as well as 25 M2185?
>> We are.
>> Mr. Fellow, the plea agreement is not entirely clear what the intent was with regard to 20CR 1125, but there is allegation that you committed a new criminal offense uh uh while on probation in that case and your plea agreement seems to contemplate that. Do you understand that you would have a right to go to a trial or to a hearing in that case uh to require the people to establish that you committed the new criminal offense while on probation in 20 CR 1125?
>> I.
>> And you understand that by entering into this plea agreement, you're waving your right to have that type of a hearing?
>> I >> um do you have any questions about your right with regard to a revocation hearing? No, I just want all this I just want all this settled up and done with until I s behind me and move on with my life.
>> Okay.
>> God damn it.
>> Do you recall uh the discussions that I've had with you in the past regarding all of those rights?
>> I Okay.
>> All right. I do uh find therefore based on his plea in this case that Mr. Fuller has also made an ad a knowing voluntary and intelligent admission to 20C cr 1125 to the allegation that he committed a new criminal offense while on probation in that matter or finds that he has violated the terms and conditions of his probation is revoked pending sentencing.
The people's oral motion to dismiss the charges and remaining the remaining charges in 25 CR569 as well as 25 M2185 are granted. Uh those charges are dismissed. The effect of that order stayed until the time of sentencing.
Given the plea agreement, the court will order a pre-sense investigation report and a community correction screen. Mr. Fuller, as I understand it, you're requesting that I now appoint Mr. Yoro to be your attorney.
>> I full fulltime.
>> I >> Mr. Yoro, do you have any objection to that?
>> I'll do it.
>> Okay. Mr. Albino, any objection to that?
>> No, your honor.
>> All right. Although Mr. Fuller has previously waved his right to counsel.
Given the circumstances, uh uh I find it appropriate to appoint Mr. Yuro to represent Mr. Fuller uh as his attorney entirely. Mr. Yoro, anything else that I need to order in this case or in these cases?
>> No, I don't think so.
>> All right. Uh I think that I said pre-sense investigation report, committee correction screens are ordered.
Mr. Yorko, anything else that we need to address today?
>> Um, other than setting a sentencing hearing, >> I think that'll be it.
>> I'm looking at the week of July 6th. I could offer the part >> why >> I have to give the probation department uh 45 days, Mr. Fuller, to address uh the presence investigation report and the community correction screen. Uh, I could offer the parties 1:00 on July 8th, uh, 9th or 10th >> into the ETH.
>> Mr. Albino, July 8th at 1 p.m.
>> I can accept that, >> Mr. Albino. Anything else we need to address today from your perspective?
>> I don't believe so. Um, take it the trial is vacated.
>> Trial is vacated. Uh, I will notify coverage for the conflicting trial that that will no longer be necessary. Mr. Fuller, I will see you back on July 8th at 1:00 for a sentencing hearing. Oh, >> I'm sorry. There's one one quick thing.
If you could just redo the appointment order so I can submit to AD. I will.
Yeah.
>> All right. Thank you.
>> Yeah. Will you make sure that we do a formal ADC appointment uh not the advisory council appointment?
>> Thank you. Uh, thank and in both cases.
All right. Thank you, Mr. Erico. Thank you, Mr. Fuller. We'll be in recess on this case.
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