5/23/2024 Sentencings II

this is in the matter of the people of the state of Michigan versus Brian Joseph musgrow found number 23- 21461 FH I have pH mlar appearing on behalf of the people and Michael deer maros and appearing on behalf of Mr musgrow this is the date time set for sentencing Mr dagar go in you did receive a copy of the presense report yes sir and Mr Musgrove have you had an opportunity to review this with your attorney yes all right so I need you kind of scoot closer the microphone and I need you to speak up loud so that when we're recording this for pellet purposes that it shows up okay all right so um and you've been able to speak with your attorney and discuss it yes are you satisfy with Mr dagger Mar goian as your attorney in the advice that he's given you yes Mr dagger Mar goian do you wish to explain or challenge the accuracy or relevancy of any information in the pre-sentence report no all right does um the pre-sentence report disclose any prior convictions in which there exists any known constitutional defect n to my so I show that the probation department has calculated the minimum sentencing guidelines to be 7 to 23 months you cre that calculation of guidelines I don't have any challenges okay so Mr dagmer goes in I would also note that at the time of The Plea the prosecutor agreed to no initial jail or prison and restitution was determined to be $2,660 and that's what was placed on the record and of course the court Will Follow That agreement but um before the court passes sentence um do you have you're not really on this case but I called your name do you have anything to say on behalf of people um no let me I guess check it it okay Mr dear goes in is there anything you'd like to say on behalf of Mr musgrow your honor we uh additionally received the victim impact statement we've reviewed that there's nothing uh substantive that we need to address in that uh in that letter i as the court kind of just indicated I would just ask the court to follow the recommendation of probation with the order of restitution to be paid over the course of probation uh and to follow the sentencing agreement for no up front jail obviously that gives Mr mro the best opportunity to make whole on that restitution so I think that would be in the best interest of anybody of everybody and I would just ask for father recommendation Mr Musgrove anything you want to say on your own behalf no ma'am all right so in determining the appropriate sentence in this case the court has considered the sness of the offense your history the principle of proportionality the statutory penalty the C of confinement the sentencing guidelines the report and recommendation of the probation department as well as what has been set upon the record at this heing the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deterrence against repetition by you and by others the potential for reformation Vindication for Law and the protection of society sentence of the Court you be placed on probation for a period of three years I'll give you credit for time served of six days there is restitution in the amount of $2,660 payable to Hardwoods of Michigan during the term of probation you will obey and comply with all the articles of your probation but some of them will be that so I don't see any alcohol offenses so I'm not going to order the term that you can cannot consume alcohol um I am going to order that you can't use any illegal controlled substances and possess any paraphernalia must use all prescription drugs only as prescribed um have any assessments done as required um complete any counseling they refer you to not have or use any object as a weapon you must submit to search of your person and property including but not limited to your vehicle residence computer phone without need of Warrant if they feel they have reasonable cause to believe you have items that would violate the terms of your probation um so does that mean 605 a month Miss okay so um what I'm GNA have Miss Holly do is she'll set up a monthly amount you must pay towards this to make sure that by the time your probation's done you've paid it in full okay so and you must do um execute a wage assignment um when you're employed and not miss any payments there's a crime victim wres assessment fee in the amount of $130 like I said restitution in the amount of $ 2,660 is a $30 per month supervision fee 60 if we have to put a tether on you I don't think that would be a problem $750 in court cost there's $450 and attorney fees and $68 State cost um no $60 DNA fee I think because he's had it done recently okay so anything else Miss Hol no okay so Mr musgrow um my B is going to hand down to you your notice of right to pellet review we're going to have you initial and date one copy to go in my f just to acknowledge you receive the paperwork okay the other copies are for you and if you wish to appeal the sentence you would fill out information on the form and mail it to the address list on the form within 42 days all right okay and you want them to chat with you today Tuesday okay so Mr musgrow um Miss H I just need you to report to her Tuesday between 8 and 10 is that all [Music] right yes okay so good luck to you and the record to reflect I received back to sign copy of the notice of right pilot review thank you m mro [Music] Denver War are you ready on Xavier Williams he's on he's in jail is he on screen let me look let me check my jail list I don't oh yeah he is let me call missed him at the top hi this judge y Salone I how are you today oh I'm doing fantastic how about youself just marvelous so I am looking for Xavier Williams Mr Williams okay all right thank you yes ma'am bye bye bye bye Mr mccre have you had enough time to review the file yes can I have the file back you can approach come over to the jail the jail said they would make that person available in the next 10 minutes or so thank you making me nervous I keep thinking I'm forgetting you Sam and I need to call your client I me you I'm like did I forget Sam again I would let you know if you forgot all right so is anybody else in here a defendant that I haven't called their casf what's your name Warner okay and you are um Matt Murphy's client right all right so Mr Murphy's next door and then he'll come back all right will you text him to make sure he comes back not foret [Music] all right Mr Murphy we have Mr Warner are you ready on I am right Warner you want to come stand up here with Mr Murphy do we have anybody on this file to speak no um she was here but I think she went to vle statement okay this is in the matter of the people of the state of Michigan versus Denver James Warner call number 20 24- 21676 FH I have PB McClure appearing on behalf of the people and I have Matthew Murphy appearing on behalf of Mr Warner as I said this is the date and time set for sentencing Mr Murphy you received a copy of the pre sentence report yes you and Mr Warner have you had an opportunity to discuss the pre-sentence report with your attorney yes are you satisfied with your attorney and the advice that he has given you all right Mr Murphy [Music] do you wish to explain or challenge the accuracy or relevancy of any information in this pre-sentence report no you H do you miss mlar I no and I haven't been getting The Miser ones I don't know if we're supposed to or not I have no reason to dis anything I thought they all got delivered to you somehow but yeah I thought they did too we just haven't been getting the Mis on all right so Mr Murphy um I show he has a couple prior offenses do you wish to um does it disclose any prior convictions which there exist any known Constitution be effect no your honor before the court pass a sentence is there anything you'd like to have to say on behalf of Mr Warner the honoring regards to the matter um I believe that um probation appropriate this matter I I believe the ple agreement was for Mr Warner to um be placed on probation and to suspend any jail time on this matter i' have court to to follow that I believe it's appropriate I understand that Mr Warner um you know he's trying to comply he's trying to do what he can to make changes in his life I I understand there there's hiccups but he's here today he he doesn't flee he doesn't try to avoid the situation um in regards to this matter in regards to this case I believe he had served a sentence of 30 days or more in court on a probation violation from this incident um so again that's one of the one of the other reasons why I believe that you know no incarceration more incarceration because he did serve some time based upon this incident um so I'd have to qu again to just continue Mr um Warner to have on probation to continue him out of custody to suspend any any uh jail time and I believe your honor that he understands if your honor is to suspend any jail time to not incarcerated that he's given opportunity and he's going to use that opportunity appropriately your [Music] honor so Mr Warner is there anything you'd like to say on your own behalf oh I have been going to AA you got to step in front of the microphone and speak up no but I have been taking AA regularly though that Pathways help myself with alcohol and you quit your counseling with Mr Bailey Mr Wen you doing I showed that yes but you're not doing it no I have uh I've done the $50 domestic violence class but I have other classes I do have to take yes I just talked to my probation officer yesterday about those is there anything else you'd like to say so the reason they're recommending you're in jail is because you do very dismally on probation you tend to violate probation and not be compliant you understand that if I give you probation you're going to have to do these things and if you don't I'm going to put you in jail I mean I don't know what the truth of it is but the impact statements I have is that you tried to have her claim your sister cause the assault and not you so you're like throwing your sister under that bus just so you didn't have to go to jail all right in determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principal proportionality the statutory penalty the cost of confinement the sentencing guidelines report and recommendation of the probation department as well as what has been set upon the record at this hearing judge I'm I hate to interrupt it can I oh I'm so sorry that's I was trying break no that's okay um just a couple things um part of the agreement was for this offense um no upfront incarceration um however that did not preclude him from getting any incarceration on a that probation violation for that case from June 2023 which he did okay and I thought that was the case um but another part of this agreement was that his 7694 a status on that prior case was to be revoked um so I want to make sure that that's happening I don't do that I'm a circuit court judge so District Court that case is downstairs so that would have to be done down there no I know that but I just want to make sure that he's aware that that was part of the that was part of the Y it was clearly the same the same probation officer I believe is going to continue to supervise them down there so that is going to be their recommendation if it's not already happened um and already happened Mr Murph I think so your honor I'm go down check after yeah and I'll follow up also the probation I just want to make sure he knows that that's happening um so at this point this is going to count if he gets another one we're going to know well one he's not going to have the benefit of delayed status but if he gets another domestic violence I think this one was only a felony because it was aggravated the next one will be a felony because it'll be his third offense um as it relates to contact with victim it's my understanding they've had contact the whole time um she you know it it is what it is um I I think if the Court's comfortable with it you know I don't want to see him be violated continually for having just contact with her if that's something that she's initiating as well um so I I guess if the Court's comfortable with it you know they're going to do what they want to do maybe we can lift that no contact U but obviously if there's any assaulted contact that's going to be a problem it's going to be obviously viol but also another felony potentially um so I'll leave that in the Court's discretion I just wanted the court to be aware of that Miss Adams could I get a district court probation term sheet please yes all right now anything else m f the Criterion reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deter against repetition by you and by others the potential for affirmation Vindication for Law and the protection of Society so it'll be the sentence of the Court it be placed on probation for a period of 24 months I will I will order one year in jail but I will suspend it upon any violation so you understand if you're not compliant with any of the terms your probation just going to serve that year do got it how old are you now 30 okay so I'm going to order no alcohol no illegal Controlled Substances you must continue all programming with John Bailey comply with it and attend so if you're not doing it that's a violation you understand are you employed not at the moment is there anything stopping you from being employed all right you must get a job and maintain employment of at least 30 hours per week you can probably take all the so maintain 30 hours of employment a week I'm going to order that you attend 12 step meetings um AA um if they require you to have an alcohol or substance abuse assessment you will do it all right there'll be random testing um for drugs and alcohol I don't know he may put you in colors depends on what they decide to do is it Eric Williams your probation officer who Liz R Liz Ray okay um understand that you um if they have reasonable cause to believe that you violated the terms of your probation they have the right to search your house your car your phone and your computer do you understand that they can search for Controlled Substances alcohol so no one in your home can have alcohol do you understand okay you have your high school diploma good for you all right and I need you to provide at least 10 contacts a week for employment when you report to the probation department so and sign releases no assault of behavior not to live anywhere all right and going to give you a curfew of 10 p.m. to 6:00 a.m. unless your employment is different and then your probation officer can give you permission to leave then do you understand so you're 30 and it it's time to get a hold of this so this doesn't continue to happen I will commend you that you very quickly notified us the last time we were scheduled for sentencing that you had a medical emergency so I appreciate you did that and let's see there is 700 and let's do $500 in court cost $450 couro attorney fee there is a $75 crime victim rights fee $60 in state cost $100 law enforcement fee $30 per month supervision fee 60 if we have to put a tether on you and then there um do a $100 fine so it gets expensive so they will set up a monthly amount that you are to pay understand if you don't make that monthly amount that could be a violation do you want us to stay loudly yes okay and um okay so this starts today but I need you to next next Thursday to probation do you want next Thursday when do you want them to report down to district court for probation can report right now so I'm gonna have your file I'll actually give it to miss Tannon and then she can take it down with her and um you can go down there and wait today okay now you do have the right to appeal this sentence and we're going to hand down to your notice of right to pellet review I need you to initial and date one copy for our records the other copies are for you and if you wish to appeal that sentence you would fill out the information on the form and mail it to the address listed on the form within 42 days all right and judge just so I you can approach M are we lifting the no contact no okay because of what you said understand if there's any problems Mr Warner I can reinstate that no contact okay wait so we are lifting it's not being ordered on his probation for an I'm not ordering it right now because you said they have contact yeah okay I asked if it was being lifted it's automatically yeah it's lifted so no contacts lifted but if there's further issues I'll will put it back in place so miss Canon has a matter to take care of up here so I just want you to go sit downstairs in the hallway and wait for the the probation department all right all right anything else on that file you need okay thank you okay he I'll let I'll let him Mr Tatum is here do you need to talk to him or you want him brought back I need to speak with than you thank you all right I have a gentleman joining me from the jail what is your name sir Edward Mitchell Bonitas Jr okay all right Mr dagar goes in looks like I also have your [Music] client I'm not ready yet just be a minute just be a minute right Mr dagmer goes in I'm gonna open up that breakout room and um don't enter it yet I'm just kind of waiting for him to turn on the everything I don't know wait thank you that's fine are you ready for Haley Sebring Ronda Underwood are you ready for Hy sing yeah she here she's here all right have him bring her down we need Mr B yeah I'll call Miss Adams could you call the prosecutor's office and have Mr B come down okay you know how to get in here don't from that door you can always come in oh this one to get in you can't get out back there tra you're trapped hi I have Jael Zoom one but the audio and video has turned offie do I'll get in there all right thank you bye oh up now all right so let him bring you just come up to the podium sneak back all right so Mr Williams I'm gonna send a request here in just a second for you and Mr dagger margosian to join a breakout room so he can chat with you okay I can hear you ma'am you can't hear me I can hear you now all right so um the gentleman on the first floor of the jail I'm going to put you in the waiting room because we get a lot of background noise from that room I'll be with you in just a minute all right so can you hear me better now Mr Williams yes ma'am okay so I'm gonna open that breakout room for you and your attorney okay okay thanks all right so this is in the matter of the people of the state of Michigan versus Haley Grace ly Janette Sebring we have multiple files we have file number 24- 21747 FH um 24- 21812 FH and those um well I think those are my new ones hold on let me get this all straight so those are two 24s hold on let me get all my 24 files together I think I think I mixed them up yesterday I'm sorry all right so we have three pre-trial files and those are file number 24- 21746 FH 24- 21747 FH 24- 21812 FH and then we have the probation VI violation files which we already have a pre-sentence report on but that's not up for sentencing today and those are 21203 82 FH 21-20 520 FH 21-20 521 FH 21-20 522 FH and 22- 21037 FC and 22- 21038 FH so those are the probation violation files I will set those to the site so miss Sebring um is represented by Ronda Underwood and we have Alexander bonetto appearing on behalf of the people so we were here yesterday and we needed guidelines Mr Vanetta was kind enough to run those and this morning Miss Underwood and Mr banetta spent a considerable amount of time discussing the guidelines as well as the case and I was able to join in that conversation so um a plea offer was tendered and there was a discussion regarding that so miss underw how would you like to proceed today your honored The Plea offer as it is understood is that Miss uh seing will plead guilty to the following crimes possession of methamphetamine a 10year felony that would be an attic count three correct and unlawful use of a motor vehicle is that as charged that is as charged the supplements will be and file um 24 21746 FH and 23249 Z OT will both be dismissed with a restitution amount that Miss Sebring will be responsible for of $336 70 so hold on a second you said something you said OT yeah there's a misdemeanor file that's being oh okay okay I need that number again judge yeah I didn't quite catch that number what's the misdemeanor file number 23249 okay okay and then um it has nothing to do with the probation violation recommendation all other counts nly pressed along with the habitual offender supplements and um file number 24- 21746 FH would be nly Prest as well that's correct okay is that a correct recitation on the please I'm not oh she's not done yet Mr B so let me back up Miss underhood proceed I knew he was going and there is an agreement your honor of a 24mon migan Department of Corrections um minimum however you are um boot camp um eligibility for Miss Sebring the court would approve boot camp after 12 months served with credit for time served if she's eligible if she's eligible right so is that a correct understanding of everyone of the pleate Mr bayto is that a correct recitation of the pleate it is your honor the only thing I I would add is that $336.14 2174 six FH file to retail fraud so um the only other thing I had on there was that that would be admitted for restitution which is that $336 that I I meant okay do you understand that yes I do and Miss H just just for purposes of the record so she has a probation violation which is recommending boot camp and um if I were to sentence her on this file and then boot camp on the other file would this preclude her from boot camp no okay have any pending felonies NOP she will be completely done as far as we know they said after serving how long well when I get the notice from MDOC to approve her on these files I would state that she may be released to boot camp after 12 months she's got some time already served so quite a bit so that shouldn't prude her from boot camp on the violation and on this good okay so no she's not okay anything else Mr vanett no you're all right so miss bring raise your right hand do you solemnly swear or affirm to tell the truth the whole truth and nothing but the truth yes ma'am all right now you are very good about public speaking so scoot up a little bit towards the microphone and I do appreciate that let me get everything in order 76 is getting okay so miss Sebring um we've been here two days in a row you've heard everything over and over again so um do you fully understand the plea offer yes I do and you understand that on file number 24-27 Force well is it your intention then let me back up are you satisfied with Miss Underwood as your attorney and the advice that she's given you yes I am okay now um you've heard the statement of your attorney and then agreement by the prosecuting attorney so on file number 24- 21747 FH is it your intention to plead guilty to count one motor vehicle unlawful use which is um a two-year High Court misdemeanor so it carries a maximum penalty of up to 24 months in prison and or a $1,500 fine along with license suspension so is it your intention to ple guilty to that file yes it is okay and then on file number 24- 21812 FH is it your intention on this file to plead guilty to an added count three possession of methampetamine which carries a maximum penalty of up to 10 years in prison yes ma'am and you understand count one and two would be dismissed as well as your habitual offender fourth offense notice yes okay now neither the Press well we've actually talked about a sentence it will be a prison term of 24 months with the agreement that if you're eligible for boot camp after 12 months I would allow you to be released to boot camp yes ma'am okay but other than that neither the prosecutor the defendant or anyone on the defendant's behalf has discussed any other possible sentence with the court is that correct Miss Underwood that's correct Mr Bay yes all right and is that correct as far as you're aware yes okay 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 a right to a speedy public trial by jury you may ask for a non-jury trial and if the prosecutor and Court agree you can have a non-jury trial you have the right to be presumed innocent until proven guilty y 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 a right to be present at trial and have witnesses against you appear at your trial and to ask those Witnesses questions you have the right to have the court ordering 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 not if you were convicted at trial do you understand that yes I do 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 ma'am 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 Bo denal of naturalization do you have any questions about the rights that I've given to you no I don't all right so ma'am how do you wish to plead to the charge that honor about on file number 24- 21747 FH that honor about February 1 of 2024 in Fairfield Township in the county of lenaway that you did commit the offense of Motor Vehicle unlawful use guilty or not guilty guilty all right and how do you wish to plead to the charge on F number 24-2 21812 FH and are soon to be amended information I'm sure Mr bayonet has already got that in the works um to count three possession of methampetamine guilty or not guilty guilty and that would have been on February 13th of 24 in the city of Adan in the county of lway all right has anybody made any threats or promises to you to induce you to fle guilty to these charges no 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 ple do you understand that yes I do is the prut or defense Council aware of any promises or threats or inducements other than the plea bargain to induce the defendant to plead guilty Miss Underwood no you're Mr bayto has your attorney promised you any other sentence other than the total agreement that was placed on the record or estimated what any other sentence would be no she doesn't okay is it your own choice ple guilty yes all right so miss Sebring I'm B number 24- 21747 FH on February 1 of 2024 were you in Fairfield Township in the county of Lano yes I was and at that time did you take a car belong a Dodge Caliber belonging to a Robert Russell Whitehead I I did drive that car unlawfully yes so yes okay so let's kind of talk about that so Robert Russell Whitehead owned a Dodge Caliber yes ma'am and you drove that Dodge Caliber without his permission yes ma'am you didn't intend to steal it or deprive him of it you just were using it without his permission yes that's all right and file number 24- 21812 FH Miss Sebring on February 13th of 2024 we in the city of Adrian County of lenway yes ma'am and at that time did you have in your possession methampetamine yes ma'am did you know it was methampetamine yes did you have any legal right to possess methampetamine no ma'am you satisfied okay it's not 25 grams or anything like that requirement no okay has court complied with MCR 6.32 BC and D Miss Underwood Mr bayet yes sir I accept the plea has been given understandably voluntarily and accurately the defendant has full knowledge of her rights and she does have competent counsel there is a sentencing agreement in place and the court will follow that I am referring this matter to the probation department for a pre-sentence investigation you're currently on probation with who Sarah tusky Sarah tusky all right so miss Adams what date are we using for sentencing July 5th at 8:15 are you available July 3rd at 8:15 yes you are all right is July 5th judge July 5 oh July 5th on on here available all right so we'll set sentencing for July 5 at 8:15 in the morning Miss Sebring you do have a right to be present in person for sentencing but you can also Zoom how would you like to appear um I'll come in person in person all right so miss tesky will come over and meet with you and do an update to your probably your last pre-sentence report be honest with her about your background these events that occurred she'll prepare the report we'll provide it to miss Underwood she'll review it with you before sentencing we'll see you back on that day a 15 in person okay very much thank you anything else Mr B no your honor thank you Miss underw Mr Mr Smith Mr Goldstein log in in a minute thank you I knew I knew there was something going on you're always on time you're always present so all right Mr Williams no it's not your fault it's fine it's fine I knew that you're always here so you weren't any risk of a bench M so Mr dagmer goes in are you ready yes thank all right Mr Williams can you hear me still Yes ma all right this is in the matter of the people of the state of Michigan versus Xavier Anton Williams file number 24- 21722 FH and 24- 21723 FH I have Michael dagger marosan appearing on behalf of Mr Williams and I have Dave mccre pairing on behalf of the people just because he's sitting there this is the date in time set for sentencing let me get the PSI so Mr Williams have you had an opportunity to review the prese sentence Report with your attorney yes ma'am are you satisfied with Mr dagger marosan as your attorney and the advice that he's given you yes ma'am all right Mr dagger Mar goian do you wish to explain or challenge the or relevancy of any information in the pre-sentence report no does the pre-sentence report um disclose any prior convictions which there exist any known constitutional defense you're unnown to my knowledge of this time the probation department in this matter two of these counts are misdemeanor so obviously there's no guidelines but on file number 24- 21722 FH on the domestic violence um which is a 5year felony the probation department computed the minimum sentencing guidelines to be 24 to 38 and on file number 24- 21723 FH count1 um the other domestic violence felony um 19 to 38 do you agree with that do you agree or have any position on the computation of guidelines your honor I don't have any challenges at this time okay before the court passes sentence I don't believe I have anyone here to speak um from the people or as a victim so before the court passes sentence is there anything you like say on behalf of Mr Williams and I do acknowledge on the record that um there was a sentencing agreement that he would be sentenced to the minimum of 24 months um but it is consecutive to his peole correct and you're that's what I was that's really the only issue I was going to address with the court and court is per usual is is ahead of me here I was going to indicate that the sentence agreement constructed between myself and the people and with the court signing off on it at the time of The Plea was for the sentence to be the 24 months as the 24 to stat for maximum obviously as the as the sentence um the felony cases would be concurrent to each other but consecutive to any mdlc sanctions that Mr Williams May uh incur but that's really the only issue I needed to address so I'd ask the court to follow the sentencing agreement for 24 months on the misdemeanors um because they were misdemeanors I was going to give him credit prender I think that's correct thank you all right so Mr Williams is there anything you want to say on your own behalf no ma'am okay all right and determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principle of proportionality the statutory penalty the class of confinement the sentencing guidelines the report and recommendation of the probation department as well as what has been set upon the record at this hearing the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deterrence against repetition by you and by others the potential for reformation Vindication for the law and the protection of society so Mr Williams on file number 24- 21722 FH on the count one domestic violence which is a 5year felony it's a sentence of the court that you will serve 24 months to 60 months with Michigan Department Corrections because you're on parole I can't give you credit for any time served but on the misdemeanor Sal and Battery I am going to give you credit for time served so I'll give you 93 days credit and there will be no probation or anything on that count um let's see you're not have any verbal written electronic or physical contact with Elizabeth Johnston Del well is it delijah Williams either directly or through another person or be within 500 feet of their residence for place of employment while [Music] onle um you must pay a crime victim assessment fee in the amount of I maxed them out so I'm not going to assess the misdemeanor one so there'll be a crime victim rights fee in the amount of $130 on count one and $68 in state cost so that would be that file and then on I gave um I Max them out I Max them out I'm not I'm not assessible um on 24- 21723 FH on count one the 5year felony domestic violence sentence the court you'll serve 24 months to 60 months with the Michigan Department of Corrections there's no credit for time serve because you were on Roll count two the misdemeanor assault battery of give you 93 days credit um for time served on the felony case there is $130 crime victim rights Fe and $68 in state cost um during that term of probation see here no contact with Simone Baga Kayla Young cook either directly or through another person saying can't be once you're ped within 500 ft of the resident school or place of employment and I don't think there's any other terms on the felony sentence correct this I know it's not your file so I appreciate you filling in on that all right so anything else no thank you all right so Mr Williams um do you understand the sentence or do you have any questions yes are those two cases run concurrent the the two felony cases they run they run concurrent but consecutive to your parole yes thank you for bringing that up Mr Williams so was only 24 to 60 months all the way around yes sir I can't hear you yes sir okay all right questions come ma all right so you do have the right to appeal this sentence and we're going to send over to the jail a set of your notice of write for pellet review for each file they'll have you initial and date One Cop just to acknowledge you received the paperwork the other copies are for your records if you wish to appeal the sentence you would fill out the information on the form and mail it to the address listed on the form within 42 days all right yes ma'am all right um anything else Mr dag go in no thank you all right um you're done here do you have anything next door I'm out you're you done for the day can um okay I just have something to tell you but I can tell you some other time thanks thank you all right Mr Williams good luck to you okay thank you concurring to each other consecutive to his parole y okay so all right Mr Murphy I don't have D yet [Music] no so actually Mr gagar goes in if you want to step outside I'll tell you real [Music] quick it's not hi what's the name of your cas who's [Music] your 1059 Joan that is a district court case okay thank you m mcra he's in custody okay thank you Mr thank you m MC green all right seated all right I still don't have Mr Goldstein he'll be a minute he's usually in another Court somewhere so have this is Mr Tatum here yes are you ready for T I'm ready yes okay so is he doing okay today you seem be doing okay I have a prosecutor on t for you for [Music] right Mr Tatum you want to go stand by your attorney this is in the matter of the people of the state of Michigan versus J Jamal Tatum we have two files we have file number 24- 21710 FH and 24- 21711 FH Mr Tatum is represented by Mr Murphy This is a date and time set for sentencing in this matter Mr Murphy you received a copy of the presense report yes Conor Mr Tatum did you have an opportunity to sit down with Mr Murphy and review the prent report yes sure all right you're very tall so I need you to speak up the mic picks it up okay can you repeat that okay good so Mr Murphy do you wish to explain are you satisfied with Mr Murphy as your attorney yes sure good Mr Murphy do you wish to explain or challenge the accuracy or relevancy of any information in the presentent report no your honor does it presentent you wish to let me see does precent he has one prior felony one prior misdemeanor do you wish to um is there any constitutional defect as far as you're aware on any of those convictions no your honor probation department did not do guidelines on count one but on count because it's a misdemeanor but on count two so so Mr Murphy the heading on the guidelines is that correct may I approach yeah there's um think you back on it's an older PSI I know if oh y y no need to approach no no need to report approach so the aggravated indecent exposure of the guidelines were 0 to 11 months do you agree with that one yes your honor before the court passes sentence is there anything you'd like to say on behalf of Mr Tatum yes your honor um in regards to this matter uh obviously Mr Tatum has an issue um what or how to address that issue is the big concern now obviously the recommendation here would be for Mr Tatum to serve a period of incarceration with no um probation afterwards Mr Tatum is asking the court to consider um probation uh he's asking the court to consider that because obviously with this issue perhaps supervision of the court for a period of time would be helpful the only issue that we have only concern you know quite frankly thinking of this case cases what actually we can Services can be provided to Mr Tatum if there's a you know courses uh something like that to try to address it seems to be an impulsive behavior um maybe sexually impulsive behavior and again so I'm not sure if there's classes that can be imposed if provation was was um ordered now in regards to the matter I don't believe um a long period of incarceration is necessary for Mr Tatum obviously there is concern with the community I'm concerned with his behavior uh but you're honoring me regard this matter he has served a period of of restation already um so I would I would believe that um release and probation will be appropriate given the the punishment he's already served and again if there was um ability to rehabilitate him on that probation now y again the guidelines are 0 to 11 months so if y h was inclined just do some a period of incarceration with no probation afterwards I have supp to consider maybe less than 11 months on the second count maybe something like 6 months or something to that effect again 11 months obviously that's in the guideline range but the top of the guideline range Mr Tatum he is Young uh obviously he's very regretful of his behavior um again we're trying to figure out he's trying to figure out ultimately how to address this moving forward which again is ultimately my concern um if he serves um a period of incarceration with no assistance afterwards if we be right back here now obviously one of the concerns the court may be aware of with Mr Tatum is that um when he is out of custody he has been homeless he has gone to shelters um he is going to try to figure out a how his situation if he was given probation obviously my office we try to assist in any way shape where we could um and that does cause issues because at some of those those places have been than those places where those incid have occurred I believe Mr Tatum you know he uh I just I don't think it's necessary to throw him away and lock you know lock away the throw away and lock let the key I don't know it just it seems you know your hon throw away the key yeah I don't know why I couldn't get that out um I just he's young he needs some assistance he doesn't need incarceration for a long period of time your honor thank you Mr Tatum anything you want to say on your own behalf no do you have any family here in town no so your dad's in Texas yes do you have a relationship with your dad yes I spent like a year and a half in college he got me uh after my gradu after graduation got me into college and I stayed there for two years entir and so we had like summer relationships he like my Summer Pops anyway so like every summer he had fly me out there so we kind of got type relationship haven't seen like five years so is your mom still is she in ramulus or iner how the I'm not sure so what brought you here the case for my first time being out here when I was 16 Miss Moses um I ended up coming out here and just been out here since you know can you speak up just a little bit been around out here since just been out here here trying to find a shelter place to go myself Le things helping me out so when I look at your record you're going to end up going to prison if you keep doing these things you understand that yes so anything else Mr Murphy um nothing further honor in determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principle of proportionality the statutory penalty the cost of confinement the sentencing guidelines the report and recommendation of the probation department as well as what has been set upon the record at this hearing the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deterence against repetition by you and by others the potential for reformation Vindication of Law and protection of society have you been on probation here before yes sir in Circuit Court yes sir with Mr Jones yes sir and you abanded and we revoked your probation right yes and you lost your height on that one too yeah I think I had one I came back late and and then you just never came back um so Mr Tatum I will give you one chance but that means you have to find housing you have to find a job you have to utilize all the resources Mr Jones makes available he's a good probation officer he will do anything to help you as long as you're honest with him and you follow through so sentence the court you'll be placed on probation for a period of two years you are Indigent so um I'm going to assess court cost in the amount of $350 court appointed attorney fee in the amount of $450 $130 crime victim rates fee $68 and state costs and um that is on file number 24-2 1711 FH there's $30 per month supervision fee 60 if we need to put you on a tether and then on file number 24-21 710 FH that's the misdemeanor larsoning file I'll give you credit for time served at 130 days and there is $75 crime victim rights fee 50 state costs on that one during that term appr probation you must obey and comply with all the provisions in your articles probation so you're going to need to find employment you're going to need to find a place to live whether it's a shelter or a men's facility something you're going to have to not consume alcohol that's what really gets you in trouble so no alcohol no marijuana because that also get you in trouble um no illegal Controlled Substances maintain employment 30 hours a week um not to engage in any assaulted Behavior inappropriate um no inappropriate exposures got it um what else um employment you have your GED yes sir good a diploma or a GD GED good high school diploma yep so I think sometimes with GED you can get job training at uh funded with a GED which you can't for a diploma um not to commit any new crimes no assaulted Behavior no contact with the victims in this case not to enter on or walk in front of musk overing company you have to cross the street if you're going to go buy it right yes Sean um what else Miss H what else can I put in there so are you not doing probation from Mr just credit for time it's a 90day misun he's already served 130 so the two years probation is just unfill yeah okay I don't think so nothing else okay so um you're going to get released from jail today I'm going to give you credit for time served okay this file of 130 so on file number let me see 24- 21711 FH I'm going to give you credit for time served on 130 days so my Bale is going to hand down to you your notice of right to pellet review I'm going to have you initial and date one copy for my records just to acknowledge you received the paperwork okay okay is Mr Jones in the building today no no I'm sorry that's a prosecutor's bu you have to sit back over there what about for no Mr said no he doesn't like sitting by so he should report Tuesday morning okay so Mr Tatum if you wish I think I don't know if I said it but if you wish to appeal the sentence you would fill out the information on that form mail it to the address on the form within 42 days Mr Tatum I want you to succeed I don't want you to get any more trouble all right Tuesday morning at 8:00 you need to be at the courthouse to meet with Mr Jones okay yes over the weekend don't be drinking don't be smoking weed find a shelter warm out sleep whatever it is but stay out trouble and Tuesday Morning be here at 8 o'cl all right thank you record should reflect I receed back to signed copy of the notice of right to Pet review so think that concludes my morning sentencings nobody's just not yet but I have oh I do have David mind I got David Mr Smith come on up you on okay and you've been reporting to Mr Coast right yes all right Becky could you have Mr Coast log [Music] on okay Mr Goldstein yes your honored okay so I'm I'm waiting for Mr Coast to log on so this is in the matter the people of the state of Michigan versus Jesse Allen Smith file number 23- 21555 FH I have David Goldstein appearing on behalf of Mr Smith and I have Dave mccr appearing on behalf of the people I have asked for Mr Co to move was log on because he's been reporting to Mr Coast um last I heard there were absolutely no issues with um his performance and I don't have an updated [Music] letter all right and Mr Goldstein have you had ample time to review the presense report with your client yes your honor so Mr Goldstein your client did arrive on time and he did apologize and I I understood because he's always been here well on time and always appeared so we knew that it was a misunderstanding so I told him he wasn't going to be held in contempt for anything so um Mr post is joining us Mr Coast I have Jesse alen Smith for sentencing this morning do you have any updates on him um I I do judge he is doing um drug screens with me twice a week um he's been in compliance um he is positive for marijuana um he does have a marijuana card um a lot of times he does test positive for EtG alcohol but um he doesn't have a no alcohol provision um he's also testing positive for Methadone but he does have a prescription um for that um but yes he's he's been in compliance he doesn't miss his drug screen okay excellent thank you Mr Mr Smith have you had an opportunity to read and review the pre-sentence report yes have you had an opportunity to review that with David Goldstein yes are you satisfied with Mr Goldstein as your attorney in the advice that he's given you Mr Goldstein do you wish to explain or challenge the accuracy or relevancy of any information in the prese sentence report you the only thing that and I think it's probably just a typo on the first page where it says plea agreement it says count one only it says count two and three and docket 23155 21555 I I think what it's supposed to say is counts two and three of docket 23 2155 the there was another file but that was dismissed in District Court okay we will we will make that change all right um does the prenten report disclose any prior convictions in which there exists any known constitutional defect no you're honor Mr Smith what's going on with your Jackson accounting case um I just haven't addressed it it's not more status though um I don't I'm not I'm not I'm not aware of all and is more status okay all right I will I will is is any way you want me to handle it it's a misdemeanor but you need to take care of this okay because it's just kind of hanging over your head and I'm sure every time you get in the car you're worried about being pulled over I am okay so all right other um Mr Goldstein does the pre-sentence report disclose any prior convictions in which there exists any known constitutional defect no you're R the guidelines calculated 0 to 17 months to AG that computation of guidelines yes your honor um are you going to speak on behalf of you uh well there is an issue that I'd like to bring up your honor um part of the ple agreement um was that he had was in time we negotiated The Plea and then time we took the plea that he had successfully completed impatient drug treatment I don't see that represented in the in the presice report you did an impatient program he actually yeah I know he did that's what I thought but it's so I so which treatment program did you do um Sacred Heart okay I gave the completion to Darren Co okay I do have that completion of the actual inpatient um he did go into um outpatient after that over at Catholic Charities um and he was dismissed from that program unsuccessfully um but he did in fact um complete the um inpatient portion why were why were you unsuccessfully dismissed so um your honor I me and the therapist there had a disagreement in an open group and she I was asked to not return over something very very ridiculous I'm not I don't guess I should go into but it was extremely ridiculous this was eight weeks ago since then I have been attending groups at the methodone Clinic that I go to that's my therapist there um I've been going there since I haven't been going to Catholic chair okay so you have now started out patient with someone else and what's his name James James I don't know his last name gly g okay all right so good so that was my next question have you continued it with someone else so there was completion of impatient treatment Mr mcre what what's the name of the out going through now um it's the passion of mind and then R okay good okay um guidelines were 0 to 17 you didn't object to those Mr mccre anything else Mr Goldstein anything you want to say on behalf of Mr Smith no your honor I think would ask simply the court to follow the recommendation I think Mr Smith has earned it not only is he not additional problems with the law but he did complete the impatient program and is following up with his after care okay anything you want to say on your own behalf i' like to thank everybody for taking the time out of their day to come here and address this and appreciate everyone for being here okay all right in determining the are you still in Jackson County are you no I live in Blissfield man' you're in Blissfield okay and determining the appropriate sentence in this case the court has considered the seriousness of the offense your history I thought you lived in Jackson at one time didn't you no my second I'm sorry in determining the appropriate sentence in this case the court has considered the seriousness of the offense your history the principal proportionality the statutory penalty the cost of confinement sentencing guidelines the report and recommendation of the probation department as well as what has been set upon the record at this hearing the criteria and reasons for the sentence are the nature and gravity of the offense the discipline appropriate to its commission deterence against repetition by you and by others potential for reformation Vindication law on the protection of society so it's sentence the court that you'll be placed on probation for a period of 18 months I'll give you credit for six days Jael you've already served okay um during that term of probation you must obey and comply with all the provisions in your articles of probation there is 750 in court cost um $130 crime victim rights fees $68 in state cost she put it DNA fee there's $60 DNA fee $30 per month supervision fee 60th we have to put a tether on you um there is no is there a law enforcement restitution no I don't see any restitution now because you have a history of substance abuse you obviously I obviously you have a medical marijuana card but you can't use any illegal Controlled Substances you must test as required by the probation department you can't live with anybody's using illegal Controlled Substances you can't be with anybody who has them or parap are you working yes full time good maintain your employment only use your prescription drugs as prescribed by your physician make sure that your physician knows that you're an addict because they will give you different treatments um because you know monoy content could probably spin you into relapse right so must report monthly or bi-weekly as required you have reg J all but the math okay that's yeah okay so you need to finish that all right Adrian Community Schools is here in Adrian it's a wonderful program and they actually assist you so that might be something to look into notify any change of address employment status contact with the police not to engage any assault of abuse of threatening or intimidating Behavior not to use any weapons anything else I do think any of this treatment verification needs to be brought to M wall too yep make sure you bring verification of all your treatment programs should report to her Tuesday yep and you're going to need to report to her Tuesday morning at 8 am 8 AM or 8 to 10 8 amm 8 A.M is fine and then I want you in the next couple weeks take care of the misdemeanor and Jackson all right it's it's looks like it's a 93 day misdemeanor what will happen if if I will go turn myself in will I be able to be bonded up that day so I'm not Jackson County understand I'm assuming if you turned yourself in they probably would release you but I can't guarantee that might want to retain Mr Gold Ste to represent you on that one I don't know but um you know I can't imagine IM they would but I'm not a judge in Jackson County so but you need to take care of that because if you don't take care of it you get arrested if they pick you up you might not get out right so they'll probably set a bond in worst case scenario you have to post a bond okay but in the next two weeks I want you go take care of that yes you're all right I'll give you my word okay good so my bail is going to hand down to your notice of right to pellet review I'm going to have you initial and date one copy for my records the other copies are for yours if you wish to appear the site and you would fill out the information on the form and mail it to the address list on the form within 42 days anything else Mr Goldstein no you're honor all right so go ahead and initi UND date that it's okay Mr Smith you've done exceptionally well hold tight to that make sure we don't relapse okay yes and if you do admitting it and getting help is the best thing to do don't lie about it and don't run off us all right right good luck to you thank thank you you're welcome record should reflect we' see back the signed copy of the notice of right to pilot review thank you Mr Goldstein okay so I have jail Miss Adams the jail disconnected so I'm gonna need the jail back who did you need from the jail judge Edward Bennett I'll call him don't worry I'll call him because he's down on the first floor [Music] this is Judge handsone you guys were kind enough to get Mr benetz for me but I was in the middle of doing a million sentencings and I'm sure you needed the room can I get them back yeah are you ready I am absolutely ready this time I promise all right we'll have her I'll have her put it back in all right thank you bye you need no you bye thanks are you hearing Liams Mr Goldstein do I have anything else with you no your honor I just haven't logged off yet actually I'm chatting with that I I haven't seen so nice to see him again I know you guys are like trying to have court and stuff but Dave and I are having a conversation so we just need some time you look you I just got back from Mexico where uh I I it's Cancun and I just got over the Mexican flu so I don't recommend it gotcha yeah Mr goldsteen was there and then Angie your your other running friend also I think her husband got that same flu when they were there last weekend three out of the nine of us got it and I ended up getting IV yesterday because it was so I couldn't even think I couldn't work I couldn't do anything I will never go back ever Mr Gold I think goes nice to see Dave I was in I was mids sentence Dave responding and we're just hanging out nothing better today it's okay feel free it's no problem Andie we'll talk later okay yeah I we'll just we made we caught up we can stop the chat thanks J see you later break I know that would have been better thanks for the recommendation ask if know if Chris was on point it would have come a little turning to okay thank you y okay so this is in the matter of the people of the state of Michigan versus Edward Mitchell benetz Jr file number 20241 59 FY I have Dave mccre appearing on behalf of the people and it looks like I have let me see here at the back page I have attorney want to identify yourself the record very well Peter sores here and of course Mr bonitz is in custody all right and your p53 084 it's Samus soris thank you it's been a while it has been a while okay so um and Mr Benitez is appearing from the lenway county jail it's my understanding this matter what was this set for in district court today thank you I may your honor was was really set for selfs surrender and there was arraignment I guess that was done but uh we're here today because there was shock I wanted to address the issue of bond your honor and I appreciate the court hearing this on okay so it was set for he turned himself in turned himself in the warrant is not even 48 Hours old okay I didn't ask that I asked if he turn himself in so the complaint felony shows that Mr benetz is charged in count one with criminal sexual conduct second degree which um let's see um a victim at least 13 but less than 16 and there's a coercion aspect to it so I'm not sure what that is um count two criminal sexual conduct second degree um victim under the age of 13 um and both of those are 15-year felonies and then we have criminal sexual conduct second degree under count three victim under 13 count four criminal sexual conduct second degree victim under 13 so all of those are 15year felonies so um Mr benetz were you arraigned on those charges I believe so okay so we were you there when he was arraigned I was there your honor but I was not able to address the issue of bond I I haven't gotten a bond yet so my question was you were there and he was arraigned yes do we need to rearin him and go through the charges again them or I I don't think so your honor I just I I don't if the court can provide a copy of the complaint I don't need a reading of the complaint but I did not receive a copy okay Miss Adams could I get a copy of the H complaint from Mr sores okay okay all right and and did you enter ple of not guilty on behalf of your client yes sir okay all right and then um it's my understanding that he was arraigned by a magistrate correct correct okay and that you wanted to address bonds yes and then the reason this came to my attention is it's my understanding that you were yelling inappropriately at the staff on the first floor I disagree with that assessment okay yell well what I'm going to say to you is that I appreciate that you disagree with that but um just going forward um just understand that I expect everybody in this building be treated with respect and includes an attorneys I understand you since the court brought it up full record M gon sarcastically says have a nice day and I and that's that's not appropriate also also when I come into the magistr come into the clerk's office I was very respectful okay I that's fine I I I'm not going to get into a discussion I was just made aware of that and that's the only reason I'm seeing you today but I just going forward I want everybody to behave appropriately in my Courthouse thank you for the record not every unpleasant comment B to court or I wasn't threatening you with the contempt to court I was just advising you what I expect in this Courthouse understood okay so now you can address Bond thank you your honored I've been in touch with the prosecutor's office to a lesser agree but on a regular basis with Detective Lamar Ruffner for over two years I've had this case for over two years the alleged victims in this case went through a CP CPS proceeding the allegations in this case keep fluctuating uh all for all the reasons pursu to MCR 6.16m a bond said a said a 200,000 cash shy is not only an abuse of discretion but it shocks the conscience it plays it does not give any Credence to the presumption of innocence as this honorable court is well aware presumed to all the uh reasons and factors regarding Bond or MCR 6106 f a magistrate is can hear reasons regarding Bond now in this matter I've had Communications with Detective ruffer in fact the reason why I knew the warant was issued was because on Tuesday afternoon he sends me an email and he was kinding enough to send me an email saying your your clients Prosecutor's authorized charges I immediately or I take the back not immediately but the next morning I called the court I spoke with the magistrate I said I cannot bring him in today that was yesterday Wednesday the 22nd but I can bring him in on Thursday the 23rd which of course here we are and I brought him in he he's here today with his wife he's been a a lifelong resident of Michigan he's been a longtime resident of Leni County specifically for over seven years probably closer to seven and a half at this point he has an excellent reputation he has absolutely no prior criminal convictions of any kind no misdemeanor no felonies at all also he's a disabled veteran and a decorated veteran he's been honorably discharged he has every reason in this case really a personal recognizance Bond wouldn't be out of the question uh but even if the court disagreed on a PR Bond certainly at 200,000 cash charity bond is an abusive discretion that's putting itly when it when looking at all the factors pursu to MCR 6.16 F again my client is a lifelong resident in Michigan longtime resident of ly County he's a disabled veteran he served in the Persian Golf Board decorated veteran he he's also get a selfs surrender the warrant was just issued on Tuesday May 21st and here we are less than 48 hours later he turned himself in he's been Cooperative uh with respect to other factors under MCR 6.16 out as far as his reputation in the community he's helped out law enforcement in the past in the recent past there was a stabbing not far from his house and he provided all the camera work to the police cooperate with it and with his assistance they were able to apprehend and finally I believe convict this person and who did a stabing just a few years ago so every indication is that he will appear for court if he was here in fact I received the an email from detective rer in October of 2023 uh stating that well gee you know if he passes a polygraph test maybe they won't even charge him okay but there are factors there he has PTSD he has anxiety he's also a a diabetic so the various medication makes the issue of a polygraphic exam complicated I was discussing that off the Record Mr mccre uh I I don't understand why any of these reasons couldn't be really articulated at the arment level in District Court and and and and again I'm not here to relive what happened and I apologize for any I seem taken a but I was taken a under these circumstances your honor and I I don't think it's when we arrive in theer Clerk's room in in the clerk's office building out the paperwork everything's Pleasant and then I'm not even the mate doesn't even look at me it's it's very odd and it's almost like this dressing down of a defendant and the proceeding is I think hostile I don't know if it's designed to intimidate and even when I went to the magistrate's courtroom there was another Council who was being um whose case was before mine I go to what the the Bale said could you please leave your case of being called yet I said no no I want to sit here it's public and he didn't argue with me so I I do apologize if I came across as a little upset but it's upsetting this type of bond does shock the conscience especially in light of the fact that for over two years I've been dealing with the detective I've been dealing with my client he's not going anywhere his wife Jody's in the courtroom today he deserves better anybody in that position deserves better but I think especially a person who's that age no prior criminal record no criminal history whatsoever a man who fought for his country and to be slapped in the face like that is is outrageous and I think I understand about no contact provision he doesn't want have any contact with these alleged victims both I believe are the granddaughters of my client's wife the mother of these two individual I'm not trying this case yet yet I mean it might come up to me at some point um but you know I'm glad you know a lot of these things okay I just want just quickly say to the extent that MCR 6106 allows for a consideration by the court of the strength of the case I would say honor that the allegations keep changing and that the mother of these two girls has I believe had criminal rates terminate and I'm going to share with the prosecutor disturbing Tex and sexualized images that come up and whatnot but I I know of course I dare to try it I'll would just say your honor that I think he's an excellent candidate for a PR Bond and certainly a $200,000 cash dur bond is an abuse of discretion to say least so Mr mccre um District Court procedure typically they arraign and a bond is set within a few days is that correct procedure and then is there a formal arraignment or is it set go to probable cause the first appearance that I would make would be in bond hearing shortly after the arraignment okay all right and there are no District judges here today is my understanding Miss Canon okay very good all right so Mr MCC do you have a response I'm I'm fine with having a bond here today and just being it um and I have looked I haven't had a chance to look at our file I do agree that there he appears to have no prior criminal history um and I do agree that this investigation into these allegations has been going on for quite some time perhaps up to two years um and in that time he's not fled the jurisdiction knowing that he's being investigated um so it does seem like some reduction in bond would be appropriate the main concern that I have is that not only that that he not have any contact with the complaintants in this case but that he have no contact with any uh underage females um whatsoever I do think that given the serious nature of the charges their 15year felonies that some cash Bond would be appropriate but I'll leave it up to the Court's discretion to determine what that would be what would you think would be appropriate $5,000 per count correct okay that your other sure the family is does have a lot of money around I know right now it's in a cash form the court is inclined to do a $5,000 Bond we respect request that they could the all so not only that but perhaps more importantly as the court is well aware a cash shy Bond he lose that money to a bonds and I would just respect request that if the court is going to set a cash bond that it be a pure 10% B that way at least he and his wife get that money back at the end of the case he's going to be here for every proceeding whereas if it's even a $25,000 cash Bond well then he lose 2500 bucks to to a bondsman um and I just think under the circumstances is cooperation the fact that this investigation had it has been I I got involved in the case I'll tell you the exact date May 20th 20122 so it's been a little over two years since I've been involved which means it's probably been at least a few weeks before that there's been a CPS case involving I think these allegations were in I think brought up at a CPS case but in any event your honor he'll be here for everything he's he's not in a position to uh leave the jurisdiction nor does he want to this is his home he hasn't he's he takes his medications he's here he's Cooperative he's a military man and I think every indication is that I think he is a good candidate for a PR Bond even if cour disagrees with the pr Bond I would just respectfully request that it be in a pure 10% form as opposed to a cash sh thank you and may I address one other matter just for the record I I guess pursuing to MCL 600. 8511 foresy have I think the district court can hear these things so so I guess I'm at a loss they what the district court excuse me the magistrate at the district court level can hear these arguments that they can't just oh we just set Bond if you don't like it there's the bond hearing two days away I think the whole procedure is I think irregular it's inconsistent with what other courts do for what it's worth and other counties and I practice in 83 counties I can say with confidence I've been at least 50 uh sorry am not the chief judge of district court so we have an issue with that you can bring that up with either the governing bodies or the chief judge of District Court understood your it just seems some regular s okay well I know that I practiced in probably 10 counties in Michigan and a lot of things are different in every County so um but I'm not going to speak as to their regular your alleged irregularities because I I'm not a district court judge so I don't know what the standards are for that court all right so what I'm going to do is set a 2500 10% Bond on each count so that way it can be paid to the court um I am going to order that he is not to leave his home except for doctor appointments and Court hearings and he is not to go anywhere near or have any communication with anyone under the age of 16 and no contact with the alleged victims in this matter what else would you like Mr mccre that was a okay and then is there a court date your there is there's a PCC set for May 28th and I did discuss with my client the possibility of waving the 21 Day Rule and I say that because on June 6 I've got a medical appointment uh that and that's the prelim date so I'm not sure I guess we can discuss that of the the PCC date I know right now there's a bond hearing set for May 28th but we would take off the bond hearing Miss Canon the bond hearing would be removed now okay so just be your probable Clause date very well okay and um so Mr Benz you'll be release from the jail today once someone has posted that with the court and do they post that in District Court or the jail where do they post no no you I'm sorry me interrupt so miss did you if you want to speak you come up here okay hold on my boss is coming in [Music] too okay by constitutionally you have to accept a 10% Bond we have but I will tell you that phis Esa does them up here so if you want to ask her with the procedure she can we are required accept it so okay so they'll talk with my supervisor on my floor and figure out how to do that okay you're talking honor yes very well and I I don't's wife is here she has $1,000 so I think $250 10% for each account $1,000 and then he would be released and that can be directly without having to go through aity or Bond right thank you very much all Miss Canon you can call Miss um Miss mcgrain because that issue just came to the Forefront up here too okay all right anything else not for me all right very good and um have a good day thank you thank you nice to see you do you want profile Miss Canon thank you