Judge Anzalone's Personal Meeting Room

for for is all right I have a gentleman in the jail Zoom wearing a yellow suit what is your name please Stephen Palmer all right good morning Mr Palmer let me grab your file good morning I got a prosecutor let me bring that prosecutor in Miss Underwood do you know who has Miss Stein whd it's a it's a ag case your honor I just told you Michael okay all right we need the it's an arraignment are you waving arrangment or um well I think we were gonna try to take a plea okay so it's um 8:17 I still don't have a prosecutor so um n g so all right let me send her a message all right sent Miss green a message or Miss brener I mean a message all right Mr Palmer will be with you in just a moment give us yes ma'am just a moment all right and I have a gentleman in Orange from the what's your name Sean Carter okay all right I have a gentleman standing on his porch um on a Samsung I just sent your request to unmute could you unmute your device and tell me your name please Sim okay say it again Emanuel Simmons all right so Mr Simmons just minute your attorney is Mr malaro so I have Mr malaro so just a minute got Mr Goldstein all right Mr Simmons I'm gonna pop you in the waiting room we'll be right with you I do have Mr malaro and I had Mr malaro there he is okay Mr Maro do you need to see um speak to um Mr um Carter Mr malaro may I don't have I don't you don't I do not excellent all right Mr Goldstein yes okay so I have Mr vea you're ready we we are your honor okay bring Mr Baya in and all right so bear with me for just a second from the jail this is in the matter of the people of the state of Michigan there he is Mr vea um go ahead and unmute your device please all right this is in the matter of the people that the state of Michigan versus Israel vea Jr B number 24- 21895 FH and 24- 21896 FH I have David Goldstein appearing on behalf of Mr vea and I have Isaac sne appearing on behalf of the people this is the date and time set for a pre-trial in this no is it arraignment no it's pre-ra oh no it is an arraignment in this matter Mr do you wave the reading of the felony information yes your honor in both cases yes your honor all right so um you have client stand mute and the court enter and not guilty clear or how do you wish proceed today yes your honor want let's do the formality first my client stands viewed ask to not guilty plea be entered in both cases your honor I thought we had a plea agreement worked out but I did not receive a plea form from Miss McClure my understanding is I maybe Mr sne if are you covering this one Mr Steve yes I am okay my understanding was that if my client pled guilty to one of the two charges without a habitual the other Char the both habituals and the other charge will be dismissed and the people will recommend fines and costs only it's the last time you spoke with M McClair about a week or so ago okay judge Mr Mr Ste if you want to reach out to miss McClure real quick can you do that uh so the note I have is plead is charged and file 30 FY and dismiss file ending 44 FY those are that probably that district court file numbers yes so it would be uh let's see yeah if we could skip this judge I'll talk to Miss mccl hey judge I'm gonna jump over to judge to judge ol for a few minutes I'll be back okay all right so Mr vea bear with us for just a moment we're gonna put you in the waiting room and I'll bring you right back all right all right thanks all right thank you okay Miss Underwood where'd you go oh I might have lost her I think I lost her okay so all right I have a gentleman joining me from it looks like MD MDOC what's your name sir Jonathan Jones all right Mr Jones let me check your [Music] file all right you're your attorney is Miss Underwood and Miss Underwood may she may have gone next door real quick so let me change your screen [Music] okay I'm changing your screen name so you can just hang out for a moment we'll be right with you all right so um all right so the gentleman in the yellow um jail outfit is Mr Palmer right yes ma'am all right and your attorney is Ronda Underwood so I'm going to change your screen name so I don't ask you another 20 times what your name is because can only retain so much all right and all right and then the gentleman in Orange your name again uh Sean Carter yep all right Mr Carter is with an h and you're Mr malo's client right yes all right Mr malaro I have Mr Carter are you ready on Mr CI you said you didn't need to talk to him so I think I I'm starting to think we're Jinx Mr Malo because I didn't get any audio on that and I I feel like we ready I think you upset somebody at it I'm not sure all right this is in the matter of the people of the state of Michigan versus Shan Raymond Carter file number 23- 21636 FC I have salvator malaro appearing on behalf of Mr Carter I do have a plea agreement form in the file and I um I think I said Isaac's need on behalf of the people so Mr Maro how do you wish to proceed today uh judge pursuant to the plea agreement we will uh proceed that way so The Plea offer that I received from the prosecutor's office is that the defendant will plead no contest count two and count five um there will be a minimum prison term of three years so he'll be sentenced 36 to whatever the maximum is on this offense and count one three and four as as well as the habitual offender supplements would be dismissed at the time of sentencing is that a correct recitation plee Mr Maro it is Judge all right um does say see okay and it does um require a lifetime electronic monitoring so all right Mr Carter you want to raise your right hand for me do you solemnly swear or affirm to tell the truth the whole truth and nothing but the truth I do now Mr Carter I have just read off the plea agreement form um you've heard that statement or you've heard the plea that was placed on the record as well as the attorney's agreement is it your intention then to ple guilty to count one criminal sexual wait a second count two criminal sexual conduct second degree which carries a maximum penalty of up to 15 years in prison along with um lifetime electronic monitoring and then count five well do I have an amended information probably do yes I do so count five which is crios seexual conduct second degree person under 13 which also carries a maximum penalty of up to 15 years in prison along with lifetime electronic monitoring but the plea agreement is the minimum sentence um would be 36 months to 15 years so is it your intention to plead guilty to that charge um I believe I was plead pleading uh no contest to the no contest I misspoke is it your intention to plead no contest yes okay are you satisfied with your attorney and the advice that he has given you yes neither the prosecutor the defendant nor anyone on the defendant's behalf has discussed any other possible sentence with the court is that correct Mr malaro yes that's correct judge and Mr Steen yes your honor and is that correct as far as you're aware Mr Carter yes all right if a no contest plea is accepted there will be no trial this means that you will be giving up rights you would have had at trial I'm going to explain those rights to you now to make sure that you understand them you have a right to a speedy public trial by jury you may ask for a non-jury trial and if prosecutor in the court agree you can have a non-jury trial sorry on one second you have the right to be presumed innocent until Pro guilty Beyond a reasonable doubt you have the right to have the prosecuting attorney prove Beyond a reasonable doubt that you are guilty and you do not have to prove anything you have the right to uh be present at trial and have witnesses against you appear at your trial and have um and to ask those Witnesses questions you have the right to have the court order any Witnesses you have for your defense to appear at the trial you have the right to remain silent during your trial not to have your silence used against you however you also have the right to testify at your trial if you want to testify do you understand that if your plea is accepted you may be giving up the right to appeal issues that would otherwise be appealable if you were convicted at trial do you understand that yes ma'am all right do you understand that any appeal from the conviction and sentence pursuant to The Plea will be by application for lead to appeal and number rate do you understand that yes if you are not a citizen of the United States of America a conviction of a crime may result in deportation exclusion from admission to the United States of America or denal of naturalization and then once again you understand you'll be required to register under the Michigan sex Fender registration act as well as be required to have lifetime electronic monitoring yes all right do you have any questions about the rights that I've given to you no ma'am all right so and your options are no contest or not guilty all right Mr Carter so how do you wish to plead to the charge the honor about the time period of August 1 of 2016 through May 31 of 2020 in the city of Adrian in the county of lenaway that you did commit the offense of under count two criminal sexual conduct second degree no contest all right and then under count four how do you wish to plead to the charge um that during the time period of August 1 of 20 2016 through May 31 of 2020 in the city of Adrian in the county of lenaway that you did commit the offense of criminal sexual conduct second degree no contest okay has any other than the killer Brew agreement that was reached between the prosecutor's office and your defense attorney um has anyone made any threats or promises to you to induce you to plead no contest to this charge no right do you understand if I accept this plea you will be giving up any and all claims that your plea is given as a result of promises or threats that were not disclosed to the court on the record during this hearing or that it was not your own choice to enter The Plea do you understand that yes is the prosecutor or defense councel aware of any promises or threats or inducements other than the plea bargain to induce the defendant to plead no contest Mr malaro no judge and Mr sne no you're okay and it was count two and count five okay all right um um has your attorney promised you any particular sentence or estimate what your sentence will be other than the minimum term of 36 months no okay is it your own choice to play no contest yes ma'am all right so Mr sne and Mr malaro who would like to place the factual basis on the record I defer to Mr Maro here uh can the court hear me I can I think there's just a delay before your mic activates so thank you all right judge I would believe that the state would be able to prove Beyond a reasonable doubt if this case were to go to trial they honor about or between August of 2016 and may of 2020 that uh Mr uh Carter would have engaged in criminal sexual conduct with a minor child under the age of 13 uh without that child's consent not that the child could consent and that again a second offense occurred uh given the same set of circumstances in the home of uh I think is uh the family in which he was staying two minor children both under the age of 13 okay and um Mr s um do we need the nature of the contact I I think it for the record it would be beneficial to have some more specific facts rather than just a reference to criminal sexual conduct George okay all all right let me let me give it another shot well I mean Mr Mala for purposes of count two the sexual contact or conduct would um it be that he engaged in sexual penetration penis and mouth with the victim EC so judge it would be uh it'd be a uh oral sex with respect to the victim known as SV okay and the oral sex would be penis to penis to mouth or mouth Yes uh mouth to vagina and I believe a child would been under the age of 12 I'm sorry uh it was yes mouth the penis sorry mouth the penis and I believe this is my case Alison Arnold for the people I didn't realize it was being called um it was I can step in for the factual basis it was penis to mouth contact with both children between August 1st 2016 and May 31st 2020 um the girls both being under 17 at both being under 13 at the time and the defendant being 17 years of age or older okay and it was okay was that fine Mr Mal go ahead that's fine yeah this all comes from uh lenway County Sheriff's Department report 26882 and does the court have the amended information we filed yesterday I have the amended information as well as the ple agreement form okay because there was another amended information floating out there I don't believe we ever filed it but the one that was filed yesterday should reflect the date range of 1 2016 to May 31st 2020 so I have no none of none of which were filed I just have a copy that was probably emailed to my staff yesterday so I don't have the file copy I just have the copy that was provided to my judicial assistant yesterday it's not time stamps so but it is those dates yes okay we will file that today your honor okay all right um anything else Mr mararo no judge based on the facts placed on the record and from the information contained in the police report Court finds Beyond A Reasonable Doubt during the time period of August 1 of 2016 through May 31 of 2020 in the city of Adrian in the county of lenway that the defendant did under count two commit the offense of criminal sexual conduct second degree by be um by engaging in sexual conduct of penis in mouth with a minor under the the age of 13 while the defendant was over the age of 17 then under count five um Court finds that the defendant did engage in criminal sexual conduct second degree during the time period of August 1 of 2016 through may31 of 2020 in the city of Adrian in the county of lenaway by um um engaging in sexual penetration mouth um to penis with another minor under the age of 13 while the defendant was over the age of 17 and therefore did commit the offense of criminal sexual conduct second degree and those counts and the court will accept no contest plea has the court any additions Miss Arnold um no other than the sentence agreement of course that the defendant shall be sentenced to a minimum term set three years and the court should have a copy of Y all right we put that on the record thank you yes tring late it's okay has the court complied with MCR 6302 BC and D Miss Arnold yes Shor Mr Mar malaro I believe the court has yes okay accept the plead has been given understandably voluntarily and accurately the defendant has full knowledge of his rights he does have competent counsel um there is a killer Brew agreement that was struck between the prosecutor's office and the defendant and the court baring some extraordinary cir circumstance will honor that so I will set this matter for sentencing on September 27th at 8:15 are you available that day Mr malaro yes I am available that day Jud can you speak up Mr I'm sorry I'm available that day okay thank you um Mr Carter um you do have the right to be present in person for sentencing um do you wish to be present in person or do the people have a request on that judge we don't have a preference whether Mr Carter's here in person or not I'd leave that up to him okay so um Mr Carter do you wish to be present in person or via Zoom um in person okay so I will mark down in person Mr Carter somebody from the Michigan Department of Corrections is going to meet with you and they will ask you questions about your background so be truthful with them about your background obviously pled no contests so you are not required to make any statement regarding the incidents that are alleged and that you have pled no contest to do you understand that yes ma'am all right and we will see you back in person on September 27th at 8:15 thank you Mr Carter and Mr La thank you all right um all right you're all set Mr Carter all right Mr Goldstein so who are you all here for just to make sure it's still going today do wein huh Madison Stein's case okay thank you I just want to make sure sometimes they wave them we don't hear the case and people show up stuff so Mr Goldstein I have Mr vea and I've been provided where did he go there he is and I've been provided a ple agreement form so give me one second to put all this together and Rie it so um do Ohio s um so the prosecutor that provided the plea agreement form Miss McClure um Mr sne do you know if the plea is going to be on file ending in 95 or 96 I think we left that to the decision of the defendant your honor yeah it doesn't matter judge they're they the charges are the same in both files it doesn't really matter so I'm going to go with 95 just because it's in order all right this is in the matter we're back on the record in the matter the people of the state of Michigan versus Israel vea Jr two files 24- 21895 FH and 24- 21896 FH David Goldstein appearing on behalf of Mr vea Mr vea is appearing via zoom and I have Isaac sne appearing on behalf of the people I have received a plea agreement form stating that the defendant will plead guilty to one file the other file will be dismissed and there is a sentencing agreement to finds it cost only due to an Ohio sentence this is a victim crime so I do have to set it out for sentencing Mr Goldstein and Mr sned are understood yes I think you do your honor it's a victim's rights case yeah yeah thank you so um all right so Mr V you want to raise your right hand do you solemnly swear or firm to tell the truth the whole truth and nothing but the truth I do J okay so Mr V I need you to kind of screwed up to your phone a little bit and speak really loud for me so I can hear you okay can you repeat that yeah yep okay thank you so Mr vea um you've heard the statement of your attorney and the prosecuting attorney is it your intention on file number 24- 21895 FH to plead guilty to count one motor vehic unlawful driving away now while that carries a maximum penalty of up to 5 years in prison there is an agreement that it would just be fines and cost but your driver's license will still be suspended for one year do you understand that yes I do yes I do judge good and your habitual offender second offense notice will also be dismissed at the time of sentencing is that right yes yes ma'am okay so you're going to plead guilty to that count correct yes all right are you satisfied with Mr Goldstein as your attorney and the advice that he has given you yes yes I am J excellent now neither well we do have a very definite flea agreement form placed on the record it's a kbu plea and the court will honor that so Mr vea if a guilty plea is accepted there will be no trial this means that you will be giving up rights you would have had at trial I'm going to explain those rights to you now to make sure that you understand them you have the right to a speedy public trial by jury you may ask for a non-jury trial and if the prosecutor in court agree you can have a non-jury trial you have the right to be presumed innocent until proving guilty Beyond a reasonable doubt you have the right to have the prosecuting attorney prove Beyond a reasonable doubt that you are guilty and you do not have to prove anything um you have the right to be present at trown have witnesses against you appear at your trown ask those Witnesses questions you have the right to have the court order any Witnesses you have for your defense to appear at the trial you have the right to remain silent during your trial not to have your silence used against you however you also have the right to testify at your trial if you want to testify Mr vea do you understand that if your plea is accepted you may be giving up the right to appeal issues that would otherwise be appealable if you were convicted at trial do you understand that yes I do ma'am all right do you understand that any appeal from the conviction and sentence pursuant to The Plea will be by application for leave to appeal and not by right do you understand that yes I do if you are not a citizen of the United States of America a conviction of a crime may result in deportation exclusion from admission to the United States of America or denial of naturalization Mr vea do you have any questions about the rights that I've given to you no I don't ma'am all right so Mr V how do you wish to plead to the charge that honor about January 14th of 2023 in the city of Adrian in the county of lenaway that you did commit the offense a motor vehicle unlawful driving away guilty or not guilty guilty has anyone made any threats or promises to you to induce you to plead guilty to this charge no no they didn't will all right do you understand that if I accept this plea you will be giving up any and all claims that your plea is given as a result of promises or threats that were not disclosed to the court on the record during this hearing or that it was not your own choice to enter The Plea do you understand that yes I do all right other than very um set flea agreement is a prosecutor defense Council aware of any promises or threats or inducements other than that plea bargain to induce the defendant to plead guilty Mr Goldstein no your honor and Mr SE no your honor all right and have a killer BR so Mr V it's your own Choice put guilty yes yes it is all right so Mr Vil on January 14th of 2023 were you in the city of Adrian in the county of lenaway yes I was all right and at that time You Came Upon a 2004 Chevy Malibu a black car did you not yes I did and you you got in that car and you drove it away correct yes I did ma'am and it belonged to a Deborah sander is that correct yes it did now did you have permission to take that vehicle uh judge it was a long story but yeah I had permission to take it and then it was a long story so it's a long so you might have had permission to take it at one time but at the time you took it this time did you say hey can I take the car or did you not return it when you were supposed to I didn't return it when I was supposed to so if you had permission to take the car I can't take the C I can't take you you didn't have permission or listen I didn't I didn't have permission I didn't okay all right are you satisfied Mr Goldstein and Mr SE yes your honor yes your honor all right um has the court complied with MCR 6302 BC and D Mr Goldstein I'm satisfied your honor and Mr sneen yes your honor thank you I accept the plea has been given understandably voluntarily and accurately the defendant has full knowledge of his rights he does have competent counsel I'm going to refer this matter to the probation department for pre-sentence investigation Mr Goldstein are you available on September 27th at 8:15 Mr V I'm assuming because of your Ohio sent you're going to want to appear via Zoom yeah all right Mr Goldstein uh September 27th at 8:15 that works your honor all right so Mr ve I'm going to set this for September 27th at 8:15 in the morning morning or sentencing um you're going to have to um I'm going to put you in a breakout room with somebody is it going to be you Mr Stevenson yes all right I'm gonna put you in a breakout room with Mr Stephenson and he's going to get the information like where you are what's going on and then um give you instructions on um completing the pre-sentence report when you meet with your probation officer be truthful with them about your background the events that occurred they're going to prepare a report we'll get that to Mr Goldstein and Mr Goldstein will review that with you and then we'll see you back via zoom on September 27th at 8:15 okay all right thank you all right all right so M Mr Goldstein thank you and Mr ve I'm gonna open up a breakout room with Mr Stevenson so let me find them because I got a bunch of people all right opening that breakout room okay go ahead and join it and then you're all set so miss Underwood let me bring Sean Carter in um let me see oh Sean Carter's gone hold on I got some oh Stephen Palmer Mr montoire let me change your screen name hold on sorry all right Mr Palmer hold on one second all right Mr Palmer we're back on the record this is in the matter of the people of the state of Michigan versus Steph William Palmer file number 24-28 99 FH I have run Underwood appearing on behalf of Mr Palmer and I have Mr auta Coker appearing on behalf of the Attorney General's office this is a date and time set for arraignment in this matter Miss Underwood you wave the reading of the felony information I would wave the reading of the felony information your honor um acknowledge its receipt and the receipt of the um request for Discovery and the information your honor um I believe in this matter there is a uh a plea offer I believe it's that Mr Palmer will plead as charged to one count of felony child support your honor four-year felony [Music] um this matter will be set for sentencing and um I believe Mr Palmer I believe at that time there perhaps would be no objection to Mr Palmer being released your honor um this is a somewhat um sad to situation but Mr Palmer is from uh Georgia your honor and makes $800 a month on uh disability your honor so we basically just I I think you know need to get this done so Mr W Coker this is a rear only then uh it is your honor uh the rors are approximately $123,000 dollars uh the notes that I have reflect that um if Mr pmer uh Els to plead guilty to count one uh there's just an agreement that any sentencing will be within his guidelines uh as far as as a that's the extent of the plea agreement that I see in the notes youron okay all right is that correct Miss Underwood um I I believe yeah that sentencing I would ask the court to consider a low end of the guidelines sentence your honor and obvious we can do that at the time of sentencing so I'm not going to make a determination on it today all right can I say something on my behalf please no not yet Mr Palmer no Mr W hold on everybody miss Underwood it doesn't sound like there's an agreement of what sentencing will be at the time of sentencing but you always ask me to sentence to the low end of the guidelines and then Mr Wuda Coker is just like within the guidelines so he's not saying low end or highend um it's a rares only I'm not going to address that till the time of sentencing so um is there anything else with regard to The Plea that we need to place on the record can I can I have a brief breakout with my client your honor okay don't um sorry no it's okay Mr Palmer obviously at the time of sentencing you are going to get an opportunity to speak to the court and address your situation so if that's what you were going to do today obviously I'm not going to hear it today but I'm going to open up a breakout room with you and Miss Underwood and give you an opportunity to chat real quick all right I don't know when I'll get back to it so Mr Jones you are Miss Underwoods Mr Mar at the jail is Salvatore Malo right Mr Mony your attorneys Mr Malo yeah I know you guys hear me yeah yeah all right this is in the matter of the people of the state of Michigan versus Anthony Michael montoire file number 23- 21632 FC and 24 - 21744 I have salvator mararo appearing on behalf of Mr moner and I have Dave mccre appearing on behalf of the people so Mr malaro this is the date time set for pre-trial how would you like to proceed on behalf of Mr montoire we don't have audio can the court hear me now I can hear you now I'm so sorry uh okay so your honor there were there was an additional case filed not um probably a couple months ago I think now um I am working on some motions on at least one of those files I'd ask for one additional adjournment of 30 days for me to get these motions done and then I think we'll be in a position to decide where we're going to go all right so I will set this for a pre-trial on September 18th at 8:30 in in the morning um anything else we need to dress today not at this time judge and Mr Mala do the STI and order to adjourn and Mr mccre he can sign your name with permission correct absolutely all right thank you very much all right Mr montar you're all set thank you all right um Mr Camary you were all right so Luke pronounce I want to say truskowski but am I right say I'm half polish I can pronounce those all right this is in the matter of the people of the state of Michigan versus Luke Daniel truskowski file number 24- 21874 FH have Attorney John camer appearing on behalf of the defendant and I have Alexander bonetto appearing on behalf of the people I have received it's not a filed copy but my staff received um an amended felony information so um is heida involved in this