Part IV: Mr. Magoo Sets Court Terms — Judge Dismantles Everything and Attorney Faces Heavy Pressure

I'm making sure we're prepared for it, but yes. Making sure we're prepared for it, but yes I am. Um Um what what are the other options? I'm requesting that all the charges are dismissed. A motion for all dismissal on all these charges. They're not going to be dismissed. No, okay. So State your name. Daniel Magoo. All right. What are we doing on this today? >> [cough] [clears throat] >> Um Your honor, I have a in regards to case number 25F4-523. I have a um couple things I'd like to point out about couple of the matters here today. >> [clears throat] >> All right. Um in regards to count three, uh MCL 750197 um lawfully uh detained or imprisoned in jail or confinement. Um Judging by the um the definition of the statute itself, your honor. Um >> [clears throat] >> It compels us to conclude that uh one has to be lawfully imprisoned or in jail. Um Jail being a facility operated by a local unit of government for detention of perfect persons charged. Um at this location, defendant was located in a hospital and not a confinement by government agency or jail. So, I'm requesting that that charge is invalid and it's fake. >> addressed. [clears throat] That will be addressed at a preliminary examination, sir. As to sufficiency of the charge. So, if you're making a motion that I dismiss it at this point, that motion is denied. Okay. Um Um further in count two and count one actually, your honor. Um Both of these were um I don't know the the procedural process or or when it should get raised, but both of them are count um are uh fourth amendment violations. Um and furthermore, on count two, MCL 257.904 um uh that the license of the defendant was revoked or suspended uh given the statute as well, your Um The that would require the prosecutor to prove that the license was revoked or suspended at the time of the arrest and that defendant was notified and that the defendant operated a vehicle on a highway or roadway. Um I challenge the prosecutor to prove all three. Sir. Do you wish to have a preliminary examination in this? Um I'm um making sure we're prepared for it, but yes. What did you say? Making sure we're prepared for it, but yes I am. Um Um what what are the other options? I'm requesting that all the charges are dismissed. A motion for all dismissal on all these charges. They're not going to be dismissed. No, okay. So, if you want a preliminary examination and make your arguments, then it might be that they would be dismissed at that point, but they're not going to be dismissed on a normal motion before this Mr. Magoo has let me know that all paper discovery has been sent to uh Mr. Magoo in the jail. There were There are USB drives with video. A number of agencies were involved in the Michigan State Police case that need to be discovered. This is I believe she has obtained all of those videos and those will be sent interdepartmental to jail staff for Mr. uh Mr. Magoo and I expect those to be in the interdepartmental mail tomorrow. Got it. Okay. So, we're not ready. He hasn't gotten the video >> all the paper discovery, but he does not have all the video discovery. I expect that will happen So, Mr. Magoo, are you going to have an objection to an adjournment so that you can see all of the discovery that they have prior to setting this for preliminary examination? Um your honor, I I didn't know what hearing I was prepared for today. I was preparing to cross-examine the officers today um with or without the um the video evidence. So, given that um that's not the case and the officers are not here, um I wouldn't like I would like a speedy trial. I would like to invoke my right to a speedy trial. >> you want your preliminary examination. Those are coming down to the jail to him. Yeah, he I expected he would have them early next week, so if the court follows follows its normal setting for preliminary examination, I would expect I would set it for the 19th and then he'd have them well in advance and I'll just I'll do it that way. Um prior to setting the preliminary examination is being a critical process. Couple of things that the court wants to do. Mr. Magoo, starting in case ending in 0979. Mr. Magoo, you are before the court on a felony complaint that alleges four different counts or five different counts, excuse [clears throat] me, including eluding fourth degree, which is a felony punishable by up to two incarceration and $2,000 fine plus court costs. Count two is operating an unregistered vehicle, which is a misdemeanor punishable by up to 90 days. Operating without security uh which is a misdemeanor punishable with not more than one year or less than a $200 nor more than $500 fine plus court costs. Count four, operating while license suspended, denied and/or revoked. That is a misdemeanor punishable by up to 93 days. $500 fine plus court costs and your vehicle would be subject to mobilization. Count five is refuse refusal to obey a lawful traffic order of a police officer. That's a misdemeanor punishable by up to 90 days, $100 fine plus court costs. Those events are alleged to have occurred on July 3rd, 2025 I-94 near Parker Road in Scio Township. That is on the one case. On the other case, which is a three-count complaint, that three-count complaint alleges that on March 27th, 2024 location of Dexter near Arcona in the city of Milan Washtenaw County, State of Michigan, that you did operate a motor vehicle while intoxicated. That's a misdemeanor punishable by up to 93 days, $500 fine plus court costs. There is, however, a third offense notice which transforms this into a felony charge punishable by up to $500 $500 to $5,000 fine plus court costs, one to five years in jail, probation with 30 days or one year in jail or at least 48 hours to be served consecutively. And 60 to 180 days community service and any rehabilitated programs the court deems necessary. Court could order you to pay the costs of the prosecution and costs of any emergency governmental services and your vehicle would be subject to mobilization. Count two is operating while your driver's license was suspended, denied and/or revoked. That's a misdemeanor punishable by up to 93 days in jail, $500 fine plus court costs. Count three is lawful escape from custody or escape from lawful custody, excuse me. That's a misdemeanor punishable by up to one year, $1,000 fine plus court costs. Mr. Magoo, you had I was just asked, do you still wish on representing yourself, sir? Uh your honor, I >> [clears throat] >> I do I will. I I have requested assistance given that I am incarcerated and I have no way to Do you wish to be represented by an attorney, sir? I would I would like legal assistance. What do you mean by that? Would you like to be represented >> Well, I've I've called the prosecutor. Well, Mr. Magoo, we go through this every time. So, here's what I'm going to do. I'm going to advise you that there are great perils in representing oneself. I've told you about that before on numerous occasions. That I would treat you the same as I would treat anybody else. You would be You would have to know the Michigan court rules. You'd have to know courtroom procedure. And that you would just You would be treated the same. Not any more favorably, not any worse as you would go through these proceedings. If [clears throat] you wish to represent yourself, you may proceed with the court's admonishment. I've advised you as to the penalty of your charges, the maximum penalties. I will now ask you the question and I'm not going to just keep going around and around in circles. When I ask you this question, do you wish to be represented by counsel? If you wish to be represented by counsel, this court will ensure that counsel is appointed to represent you. Uh if if >> That is a yes or no. I would like legal assistance, yes, your honor. I'm going to take that as your request for counsel. That's how I'm going to take that. And so, the this now becomes These two cases now become public defender cases. Um Thank you, Judge. Tortora for the assistant public public defender on behalf of the defendant. I believe your honor has already uh agreed to set this for examination. I will set He's asked for examination in the case and so I will set it. I will set these for preliminary examination. Good. Uh Um your honor, I would I I would uh ask given that one of these uh cases um in regards to the March 27th, 2024 case, uh there was an uh there is an undue delay. Um it's been over I think uh 390-some days since the uh war warrant was requested and uh this triggers uh due process violations under uh US versus Levasseur, People versus Bessard, People versus Rosengreen, um and procedural unfairness, um Sixth Amendment violations, and I do request that the prosecutor provide um or pass the uh or provide information in regards to the three-prong test under People versus Hernandez. Uh one of them first test being the explanation for the undue delay for 390-some days. Uh the second part of that test being uh >> [snorts] >> Let's prove that the delay was not deliberate. And then the third part of the delay uh or the prong test is to um make sure that there was no undue burden on or prejudice on the defendant. And um in that regards, your honor, I also am requesting that uh I do have due process Fourteenth Amendment um rights as well as Eighth Amendment rights. And a lot of these are facially invalid. A lot of these charges are facially invalid. I'm just requesting that uh the court uh grant a personal recognizance um on my behalf. And um for both of these charges, being that we're looking at really just uh misdemeanors. $500 misdemeanors. So. I think he's requesting, your honor, a minute of bond and he's requesting a release, your honor, PR bond. I'll respond to the people regarding his bond. Okay. The people would ask the bond to be at $80,000 and should fail to appear for trial, Judge. Yes. With respect to the other um I'll wait. [clears throat] There are pleadings filed by the by our office for the bond to be evaluated. And I guess [clears throat] my one remaining point would be you should But if the court is acquainted with Eastern Public Defender's office, I will make sure that any factual discovery that I have is served upon the public defender's office. Yes. Thank you, Judge. We will uh review that with our client once we receive it. So he's asked for a preliminary examination and realize where this may be. My understanding is is that he is still held regardless of what the bond would in this case. He's being held without bond in Judge Slay's case. That's my understanding. That his bond has been denied, so I don't know but I would [clears throat] in any event. But also given the fact that one of the charges is a state for lawful custody, that in and of itself um in this court's mind makes the defendant a danger at for a risk of flight. Also the nature of the charges, the fleeing and eluding uh police officers as well as the operating while intoxicated now, at least alleged is there time around. Also in this court's mind, the defendant this court would consider a danger to the public to the extent that he is asking that I modify his bond conditions in this case bond in this case. I have >> That motion is denied. Bond will continue as it is. Your honor, I have a Fourteenth Amendment due process to uh the presumption of innocence I understand the presumption of innocence. Well, and a lot of these are facially invalid, your honor. Excuse me. A lot of these charges, especially custody escape from lawful custody, it's facially invalid. I was at a hospital, not a jail. If you were under the custody of the Washtenaw County Sheriff >> I was not. As I understand. I was not. Were you in the custody of the I was dropped off at the hospital and they later tacked on charges just like the fleeing and eluding charge. not meet that out and that if that's true, and the people can't sustain that element, then the charge would be dismissed, but I'm not dismissing it upon your representation today. >> [clears throat] >> Thank you very much, Judge. Preliminary examination in this matter will be set August 19th, 2025, 12:00 noon. That is before me. On that date >> [clears throat] >> for both of these cases. Um I will apprise the parties also that one of the I will call it one [clears throat] of the activities and I think it is a maneuver to have the court do something that it normally would not do. The defendant has elected and I will disclose it to file a civil claim as against me and a slew of other parties. Well, yeah, in that regard, your honor, I There's many of those. Do not interrupt me. Okay. Including many that I don't even know the connection. Court has this judge if on receiving this um two things. I read through the complaints to determine whether or not it would on its face create a conflict or I consider it, quite frankly, to be frivolous. Plain itself. Um do not see that as a necessity for me to excuse myself from this gentleman's proceedings because I think that's precisely what he wants to have happen. And that is attempting to manipulate the system. He will be dealt with by me as I would deal with any other defendant and so um that is there. It has been turned over to the office of general counsel for Washtenaw the Washtenaw County. They will deal with for me and as well as the others that I see that are listed there. They will deal with that. They have also filed, it appears, um and again, this is all part of his what I will call shenanigans to shape this. He has filed against people uh individuals without specific reference in the Washtenaw County Prosecutor's office. Um I don't, as I view what I read, would not consider that any jeopardy upon their objectivity in handling this case. So. I'm not aware of such notice or such filings or any receipt of that. I got it yesterday. Um at this point, we can assume you received this case in Washtenaw County Circuit Court. Prosecutor until I hear otherwise from the elected prosecutor. Can [clears throat] I speak on that note, your honor? I will let you talk, but I'm not going to let you go on and on some diatribe. I've got other things to do. >> I've I've stood on my rights and I've stood on my beliefs this whole entire time, especially in previous case, your honor. Uh that complaint is well pleaded. Um it it does affect multiple um parties of this jurisdiction. Uh Washtenaw County is a named party and I do believe that my um impartiality and biased uh will be affected here um as it was in the past before this complaint. Um and I do uh request a change of venue on that note for both these matters. If you wish to raise change of venue, you may file that in writing, but to the extent you're raising a motion to change of venue, denied. Thank you very much, Judge. Bond will continue. Thank you. Somebody be able to continue. Appreciate it. This courtroom [clears throat] drama kicks off with instant tension. But let me ask you. Have you ever someone walk into court already blaming the system before anything even begins? That's exactly what happens here. The defendant comes in with attitude saying, "This is absolutely all your fault." Now, tell me, is that confidence or is that already a bad start? As the hearing moves forward, he starts throwing legal arguments, talking about the Fourth Amendment, statutes, and technical definitions. But here's the real question. If you don't fully understand the process, should you really be arguing like a lawyer? Because at one point, he literally admits, "I don't know the procedural process." So, what do you think? Smart move or big mistake? Then comes a bold moment. He asks the judge to dismiss all charges immediately. Sounds powerful, right? But the judge doesn't even blink. He shuts it down instantly. They're not going to be dismissed. Let me ask you. Would you push harder after that or step back? And then, things get awkward. The defendant admits he didn't even know what hearing he was preparing for. Now, imagine this. You walk into court, confident, ready to fight, and suddenly, you realize you're not even prepared. So, tell me honestly, can you win like that? Still, he tries to recover. He demands a speedy trial, tries to take control again. But, the judge continues laying out serious charges, fleeing police, driving offenses, even possible jail time. At this point, the tone completely shifts. So, here's a question for you. When reality hits like this, do you keep fighting alone, or ask for help? Because that's exactly what happens next. The defendant finally asks for legal assistance. The judge warns him about the risks of representing himself and appoints a public defender. Do you think he should have done that earlier? But, wait. The drama isn't over. The defendant starts arguing again. Delays, constitutional violations, claiming everything is invalid. He even asks for bond release. Now, think about it. After everything we've seen so far, would you grant him bond? The judge doesn't. He calls him a flight risk and a danger to the public. Bond denied. Another major hit. And now comes the most shocking part. The judge reveals that the defendant actually filed a case against him. Yeah, you heard that right. Let me ask you. Is that a smart legal strategy, or just making things worse? Because the judge doesn't hold back. He calls it frivolous, refuses to step down, and and makes it clear, this case is staying right here. No escape. In a final attempt, the defendant asks for a change of venue, claiming bias. But, once again, denied. Clean, direct, final. So, here's the big question for you. Did the defendant ever really have control of this situation, or was the outcome already slipping away from the start? And more importantly, if you were in his place, what would you have done differently?