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- 2026-10-23 01:48
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[Applause] [Music] This is Mag Max Headroom. And what you're about to witness is one of the most sinister sounding intros to a trailer to one of the greatest epics ever produced in the history of television. And there's more because you are going to see it as well. Welcome to Facts or Frauds. [Music] And Miss Bened, I'm going to have go and have you have a seat right there. Please make sure the microphone is in front of you and the green light should be on. That's really important so that we can make sure that everything that uh we are discussing here today gets picked up. >> Can you hear me? Yeah. >> Yep, I sure can. Okay. So, we are before the court for a special set two o'clock calendar uh in city of Lakewood versus Gail Anne Benadetto. Uh two different cases involving Miss Benadetto. 25 L0000583 and 25 L004426. Both matters are before the court today for pre-trial conferences. Uh, by way of procedural history, Miss Benadetto was last before the court. Um, let's see here. Back on September 9th, 2025. At that point in time, Miss Benadeno made a motion to the court uh to have her attorney of record uh from the horal offices and I believe if I remember correctly that that was Miss Arnold, although it was Miss Capone that was present at that time with Miss Benadeno. Miss Benadeno made a motion uh to assert her constitutional right to represent herself and to proceed proay. Uh the court reviewed the waiver of attorney uh with Miss Benadetto on the record. Uh and the court was satisfied that Miss Benadetto understood um the uh potential risks uh that she was taking by exercising that right. Um nevertheless, Miss Benadeno maintained her request to proceed uh with representing herself and the court granted her request to do so. Uh, Miss Benadetto then towards uh the end of the hearing and that was on a regular pre-trial conference uh calendar where a number of other matters were waiting. Miss Benadetto made a further record that while she wanted to represent herself uh she wanted to have standby counsel appointed to represent her. Um, at that point in time, uh, Miss Capone, um, I don't know if what her terminology was, but she essentially did chose not to make a record is my recollection. I could be wrong, but I believe that's accurate. Mr. Graham put the court on notice that the prosecution may very well object um to I I believe what he was concerned might constitute hybrid representation under Washington law. And uh Miss Benadetto, we set the matter over to today so that I can ask Miss Arnold and Miss Capone's supervisor, Angela Horwath, who is the lead attorney at that firm, to be present because they were previously your attorney's record and would be the court's default choice uh for standby counsel if the court appoints standby counsel. And I also want to give give Mr. Graham an opportunity to further elaborate on any concerns he had as the prosecutor. Again, the reason I didn't do that at the last hearing were time constraints. Um, I do want everybody to know and I this is I apologize to Miss Benadetto and to everybody for this. Um, frankly, I forgot this matter was on the calendar this afternoon and so I only have until 2:45 when I have to leave the bench. So, we only have about a half an hour to work on this. But the issue that was scheduled to be addressed by the court today was a fairly limited one. I wanted to make sure that Miss Benadetto after having some time and opportunity to review the waiver of attorney was still wanting to proceed prosay and represent herself as she previously indicated. If that if the answer to that question is yes, then I wanted to next ask her whether or not she is continuing to request that standby council be appointed. And then at that point, if she is indicating that she is, I want to give Mr. Graham and Miss Horwath an opportunity to weigh in as well. Uh so first things first, Miss Benadetto, good afternoon. >> Good afternoon, your honor. So, Miss Benadetto, um, at our last hearing, we started off kind of rocky, but by the end of the hearing, I think we were doing pretty well. I'm going to remind you that I'm going to do everything I can not to interrupt you, and I'm going to ask that you extend the same courtesy to the court as well as the attorneys. Okay. >> Yes, sir. >> Um, I'm also going to remind you that everything is being recorded today. So, this is all on the record, if you will. So, um, Miss Benadetto, your true name is Gail Anne Benadetto, correct? >> Yes. >> Okay. And Miss Benadetto, um, you had previously indicated to the court you wanted to represent yourself. Uh, have you had any change of heart or is that still how you would like to proceed? Um, I question how we can proceed. Um because I just feel like the I think the term is fatal defects in the process such as the 48 hours to have a the procedural um due process right which I was basically forced to push through. So I didn't I was denied the right to like question the arresting officers as to like their training or what exactly did Mr. under a penalty of perjury say that he he feels he has sufficient evidence beyond a reasonable doubt that I've done these things that I'm not actually not guilty of and in all actuality I was the actual victim on both of those occasions and I would ask the court to investigate the address um because I'm not the first one I know of at least another woman before me her name was Stephanie I don't remember her last name but it's uh pattern and I don't know how deep it goes. Um, but I just want to also put the court on notice that um, I've already been violated by my country to like the betrayal of giving your citizens that you don't have any business arresting, putting them in a tribal jail that's 98% American is not tribal. It's money laundering or whatever you guys want to call it. it's fraud and you just push everybody through. The fact that two different lawyers gave me the same script both times shows that that's your process and procedure is to um habitually and continuously uh deprive these people of their rights. And I and then for Nquali to make me leave in 46° raining weather on uh March 20th with no shoes, nothing but a small dress. I had no wallet, no phone, no nothing. I was passed out in my Jeep, completely unconscious when the police officers arrived. They didn't witness me doing anything malicious and I did not do anything malicious. I had no malicious intent and you will not be able to prove that beyond reasonable doubt. So, for him to lie and say that he has he has it and for you to just continuously sign off and also I' I've discovered that a police officer when he enters the charge with his badge number automatically signs your auto signature to the warrant. So, you don't have any knowledge of the warrant that an officer is not a a judge. I mean, your your whole thing is just it's not going to hold up. And I would just move to to a jury. I need my peers. I'm not going to accept fines. I'm not going to accept probation. There's no way we will come to an agreement. I need my peers to say that you guys. >> So, Miss Benadento, um, >> and it's been over 90 days since the malicious intent. I didn't get my 48 hours. Um, I had two public pretenders. So, if you continue to work with them as your go-to uh you know, defenders knowing that they're not defending, then it it it kind of lands on you at this point. >> So, Miss Benadetto, um the issues that that I just heard you describing what you raised is a number of issues that would be motions. Hold on. Motions to dismiss this case. Hold on. I let you finish now. you let me finish. Okay. >> Yes, sir. >> Um, I'm not contesting that. I I I think you do have the right to bring whatever motions that you think are appropriate if you believe your rights were violated. My question for you at this point is people in criminal cases in this state, in this country, bring motions to dismiss every day. The question that I need you to answer for me is whether or not you want to be assisted by being represented by an attorney when you bring those motions or when you seek that relief or is that something that you want to do representing yourself? Previously, the last time we were here, you said, "No, judge, I want to represent myself." So, is is that still the case or are you now thinking that you want to be represented by an attorney? I mean, if you have a competent attorney who is going to do their job like they took an affirmation to do, not uh Horwrath or however you pronounce it. Obviously, um her law firm has failed me twice. So, I shouldn't be obligated and I'm not obligated to accept any representation, especially from people that don't represent anybody but themselves. >> I want to talk to the manager. So remember that uh well I shouldn't say remember. So under Washington law um if you qualify for representation at public expense, you don't get to choose your lawyer. >> Right >> now I have appointed an attorney to represent you previously. You indicated that you did not care for that representation and that you wanted to represent yourself. The other option that you have is to hire your own attorney. And you do have a choice when you hire your own attorney who you hire to represent you, but you obviously have to have the means to hire an attorney. So, I can give you time to try and hire an attorney if that's what you want to do, or you can proceed with representing yourself, or you can be represented by a court-appointed attorney, assuming you continue to qualify, but you don't get to pick that attorney, right? the the attorney that attorney is picked by the court. So you may not like the choice. Um but that would be that would be how that process would work. So knowing those three options, you can either hire an attorney, you can represent yourself, or you can take a lawyer that I appoint to represent you. Do you know how you want to go how you want to go forward? I have um looked into different um avenues and uh nobody has so far wanted to um I guess take take on the case. Um but also um I need at least 14 court days I believe for the rules to actually file the motions. So, I wasn't even giving enough time, which is why I brought them cuz it said that if I didn't file it in the right amount of time, I could submit it for you to I forgot the word, but basically to go over review in court. Um, but I probably don't have the whole thing exactly perfect how it's supposed to be heading wise and stuff like that. So I do need more time to prepare proper I guess notices or motions although I don't I don't feel comfortable moving anything because I don't think that anything has can move. I mean like I literally have probably 10 or 20 violations that I can just name name them that you guys your own rules that were not following. So how can you can how can you in your official capacity knowing your oath and knowing the constitution right how can you proceed like just like what's Washington constitution section one >> what is that do you know that are >> Washington state constitution section one >> so miss Benadetto I I think I understand the point you're making I mean what you said is is you don't believe the rules have been complied with and that your rights have been violated. I understand that. >> Well, not just my rights, but like >> right >> RCW1031 to 100 unlawful warrantless arrests. >> Um RCW6950.506 warrants required for drug cases. >> RCW10.0115 accurate and correct. Oh yeah, I forgot about that. your officers or somehow the court has misrepresented and fraudulently made up a Washington driver's license for me, which I don't have. And I and I beg you to show me my picture card, my my paying for it, my signature for any kind of um thing with the driver's license people. I don't have any contract. I'm not a commercial driver. I'm a Pennsylvania resident. As a matter of fact, I'm actually um Pennsylvania Dutch. So I'm like, you gave a pilgrim to the Indians. Like literally is what you did to me. Like that is just I mean I just can't get over that. There's no way. There's no way that that is okay. >> So Miss Benettto, you're wanting to >> Well, they lied on on police reports on >> Don't interrupt. Please don't interrupt. >> Sorry. I I apologize. >> So we're getting we're getting ahead of ourselves again. So you're you've identified a number of issues that you obviously feel very strongly about and I respect that. The question that I need to figure out before we start dealing with those issues and dealing with those claims is whether or not you want to raise those issues and those arguments to the court by yourself or you want to be represented by an attorney. >> So last time we were here you said you wanted to do that yourself but you requesting standby counsel to put herself behind the name of her company. >> I have no I have no idea. The first thing that I need to know is whether or not >> because if she'll do it, I will give her a chance to redeem herself and maybe I won't file bar uh complaints against those two attorneys of hers if she can actually do her job. >> So, Miss Benadetto, um I I will tell you >> otherwise they all go down. >> I I I will tell you that threatening to file bar complaints against an attorney doesn't do any good. it. Your you your attorney is somebody who is going to assist you and represent you in a case, but threatening them with with bar complaints typically is not a >> not a good way to develop them in jail over the weekend like that person. Oh yeah, they just they didn't want to go. I'm sure they I'm sure they refused to go talk to you today. You believe that? So, Miss Benadetto, what I what I think I hear you saying is is that you are not wanting to change what you represented to the court previously, which >> I have to represent myself. >> Okay. Which is that you want to represent yourself. Now, >> I don't want >> that. Leads me to my next question, which is whether or not you are still requesting that an attorney be appointed to be your standby counsel. >> I I stated what I what I wanted. >> I'm sorry. I think I stated what I wanted. >> You I'm sorry I couldn't hear you. >> I would like Miss Horwath herself to represent me. >> Okay. Well, now hold on, Miss Understand that a standby >> an attorney. >> Hold on. Don't please don't interrupt me. Remember that a standby counsel does not represent you, right? Because what a standby council does is tries to give you pointers or answer questions that you may have about legal procedure or rules of evidence, but they do not represent you because you have chosen to represent yourself. They're simply there to try to help you in certain limited ways, but they do not represent you because you're representing yourself. So my question to you is, are you still requesting that standby counsel be appointed in that very limited scope where they might be able to help you understand some of the evidence rules? They might be able to help you understand some of the courtroom procedure. Is that what you are requesting? >> Yes. >> Okay. Let me begin by um hearing first from Mr. Graham. And so I'm going to give him an he's the prosecutor. I'm going to give him an opportunity to respond if there's anything he would like uh to put on the record regarding your request for standby counsel. I am then going to give Miss Horwath an opportunity to weigh in as well. Mr. Graham. >> Yes, your honor. Um standby counsel is not a right. Um Ms. Benadetto can choose to hire standby counsel if she chooses to do so, but she does not have a right to to have standby counsel at public expense. And so the city would object to appointment of standby council at public expense. >> Thank you. Miss Hwath, anything from you? >> Uh sure. For the record, Angela Horwath. Um your I would I would agree with Mr. Graham in that um it is not a right. Uh the question of finance is really not something that I'm going to address. Um, in regards to um, whether I think it's appropriate, um, I've never been standby cancel or or um, never been familiar with standby cancel at a pre-trial stage. Um, I have myself represented um, in the a standby capacity um, once a case proceeds to trial in a very limited defined manner. Um, and that can be appropriate in situations. that can be helpful to um the court and to the process. Um but I do not believe it is appropriate at a pre-trial stage. Um if this gets set for trial and that's something that Miss Benedito decides to do, I think that this issue could be addressed. Um and if the court did appoint our office um to in a standby capacity um I would want very specific terms. Um the familiarity that I've had is that the contact is in court only. So there's not email communication, there's not phone communication. um that would be reserved for an attorney client priv uh privileged relationship but rather we'd be present at essential hearings such as motion hearings um readiness hearing trial hearing um if uh Miss Benedito had questions about um the procedure or the court's ruling um or you know objections uh rules of evidence that's something that we could provide. um it's more um akin to like an encyclopedia uh rather than providing any insight or um doing any negotiations, making any suggestions. Um so I just want to be very clear that um that's the only capacity we would be feel comfortable doing if the court decided to ultimately um have us assisted standby. But again, I don't believe it's appropriate at a pre-trial stage. Thank you very much. So, um the court did have an opportunity to uh take a look at some fairly recent case law regarding Miss Benadetto's um motion for the court to appoint standby counsel. And that the opinion that the court was looking at is a court of appeals opinion from a 2024 state of Washington versus Bobby Darnell Gwyn. That is GW N. The citation is 31 Washington app 2D 295. Um and the court of appeals guidance on on this particular kind of request from a prosay defendant is um that the trial court must exercise this discretion in determining whether or not the appointment of standby counsel is appropriate. Um the interestingly the the court of appeals has indicated that the uh the request for standby counsel from a prosay defendant falls under article 1 section 22 of the Washington state supreme court or excuse me the Washington state constitution uh that provides that uh prosay defendants receive reasonable access to state provided resources which can include standby counsel in some circumstances. Uh the court some of the factors the court of appeals indicated that the court is to consider um which includes all of the circumstances surrounding the situation. It's not an it's not an exclusive list is the nature of the charge. In Miss Benadeta's two cases, there are two charges. Uh, case number ending in 4426 is a charge of knowingly possessing a controlled substance, a gross misdemeanor, I believe. >> May I say that I do have a complete defense for that as well because I was involuntarily drugged and kicked out. So, I didn't knowingly possess anything. And if you're referring to THC, um, vape pens, that's >> how long has been. Try not try not to interrupt me. Okay. The second charge is malicious missions and thirdderee domestic violence which in course of limited jurisdiction the domestic violence uh gross misdemeanors are tend to be more towards the more serious end of the spectrum on charges before this before courts with limited jurisdiction. Um so that's one of the factors the court is supposed to consider. The court is supposed to consider the complexity of the issues involved. Relatively speaking, I don't think the charges here or the elements of the charges are particularly complex. Uh the orderly administration of justice, I I am a little bit concerned about that. I think Miss Bedanetto obviously has some very strong feelings about this and so I am a little bit concerned about her ability to represent herself and maintain order and decorum within the court. Um so that is a concern of of the court. Uh fair allocation of judicial resources that is that is something that does concern me that I think weighs in favor of not appointing standby counsel because frankly um the uh attorneys that represent clients at public expense in uh this court are already very busy. Um and so for me to appoint one of them to be standby counsel for a prosay defendant who has made a knowing and intelligent decision to proceed prosay. Um that is a little bit concerning to the court. And then finally the court of appeals notes uh the court should consider legitimate safety and security concerns and the conduct of the accused. There's nothing that I've seen from Miss Benadetto that causes me to be concerned that she poses a risk to the safety of the court, the attorneys or court staff. Miss Benadetto, as I've said, uh she has some pretty strong feelings feeling that her rights have been violated in these cases, but at no point have I considered any of her statements or her behavior to be what I would the court would consider to be threatening in nature. Um, so those are some of the factors that the court is supposed to consider in determining whether or not the appointment of standby counsel uh is appropriate. I'm also mindful of the argument that's been made by Miss Horwath, which is standby counsel really is for the purposes of assisting with understanding procedure and rules of evidence and things like that to assist a prosay defendant in a very limited capacity. once it becomes clear the matter is proceeding to trial and we're not there yet. Um so at this point based on all of those factors Miss Benadetto I am not going to appoint an attorney as standby counsel in this matter. Uh these are both relatively minor criminal charges as criminal charges go. Um, I think you do have the ability to articulate and make your own arguments as you have been doing. And if we get to a point where it appears these matters have to be resolved by way of jury trial, um, then at that point in time, the court may very well um, reconsider the decision. But at this point, I I don't and I do agree with Mr. there under Washington law there is no constitutional right to stand by counsel. I I am going to I am going to decline to appoint standby counsel at this point. Now, Miss Benadetto, what that means um is we are now at the point where you are going to be representing yourself as you've requested and that's a right that you've exercised. If at any point in time you change your mind and you decide you want to be represented by an attorney, please let me know. Okay. Um, the next step that we need to take in your case is what's known as a pre-trial conference. Um, now that we've sorted out that you are going to be representing yourself. >> Absolutely. >> And hold on one second. And what I want to do is take care of a couple of housekeeping matters. Um, first and foremost, have you receive discovery in this case? >> I have not. >> You have not. Okay. Let me speak with uh Mr. Graham and see from his perspective what the prosecution's position is at this point on providing you with discovery now that you have elected to represent yourself. Mr. Grant. >> Yes, your honor. Um uh this will probably be reminiscent of a of a statement that the city has made before to the court, but um until the city receives a demand for discovery, the city does not release discovery. um we have not received a demand for discovery from Miss Benadetto yet in writing and so uh once we have done so then we would release it. >> Okay. So um in this particular case Mr. Graham I ordinarily I I I think you're right on. I'm going to make an accommodation uh for Miss Benadetto and I'm going to not require you to file that demand for discovery. We will go ahead and allow this hearing to serve as notice to the city that Miss Benadetto is requesting discovery. And so, um, Mr. Graham, I guess the the next question for you, sir, is how does your office want to provide discovery? Does the does the city want to mail that out to Miss Benadetto or did the court or excuse me, did the city want to prepare a discovery packet that she would be able to come by and pick up? How does the how does the city want to handle the logistics of ensuring that discovery materials have been provided to her? >> Yes, your honor. Um, in this particular case, the it's probably going to be simpler if the city were to mail Miss Benadetto the uh discovery um uh just because then otherwise it requires coordination of um letting Miss Bennett I don't know it's available. Um I can't say that it's going to be done in the next day or two. I I don't know um from my staff's perspective uh how how quickly they can they can get that matter done. Usually I expected that it would be done probably by the end of the week. Um so uh but I but I can't be 100% certain without digging through these cases to see how many if there are any videos that have to be then tr uh put onto various media and things like that. Sometimes that takes time. Um, so I would say uh the city will the city will will be happy to mail that out to Miss Benadetto. Um, I'm just trying to verify what whether or not there's what the what the address is to use because I assume uh it would be whatever address has been provided to the >> Yeah, Miss Benadetto, if you are comfortable, um, do you mind going ahead and reading into the microphone the address that you would like that discovery mailed to you. It needs to be a good address where you are confident you will receive whatever materials are sent to you. >> Yes, your honor. It's um the letters uh like Cat I guess 4 or you could put room 211 but the um the mailbox is C4 like D is dynamite C4 >> C4 211. >> Yes. >> Okay. Is that like an or room number? the room 211 and C4 is the >> C4 and 211. Okay. All right. Mr. Graham, did you hear that? >> I I I do believe so. Um uh number C4, room 211 in Tacoma, Washington 98408. >> That's correct. >> Thank you, Miss Benadetto. And thank you, Mr. This may be a silly question, but does the discovery is that what's the bill of particulars and does that include the audio recordings of me and the public defenders from Nquali or how would I go about getting that for my evidence? >> So that No. So the the the recordings of that was on the record with you and your any of your your prior attorneys, you would be requesting audio files of court proceedings from the court counter. You would go out here and ask the court clerk. They would have to look up the dates and times and then they could uh provide those recordings. >> Oh, it's it's available through the website apparently. >> Really? >> Yeah. I learned something new. >> What website? Do I have to um accept any terms like you know like no um what do they call it? Like if you make an account then you're giving us consent that you will have no expectation of privacy as far as in your phone. >> No like in their privacy stuff. >> No I don't believe I don't have stuff like that. >> Um it is simply you are requesting information and that information is being provided. You don't have to make an account in order to like >> I don't believe so. And if that turns out to be the case, >> I've used it before, your honor. Um there is it's just it's just clicking on the website. There is no account required. >> Thank you, Mr. Grant. Okay. And so what we need to do at this point because I am running out of time this afternoon. Miss Benadetto, we have speedy trial in your case. And let me take a quick look to see when speedy trial runs. >> I mean, it's already over for the first that was in March. >> How can you have a speedy trial when it was in March 19th? >> So currently speedy trial in your case. Oh, that's the wrong case. Let me find that case number. >> Your honor, do I have permission to exit? Is there any >> Yes, Miss Horwath, I apologize. At this point in time, Miss Benadetto's motion to proceed prosay has been granted. The court is not appointing standby counsel at this time. So, your firm has withdrawn as the or I should say has been removed as the attorney of record. So yes, you are excused from future proceedings at this time. >> Thank you. Have a good day. >> Thank you. So let me pull that up very quickly because I did look at this in preparing for Miss Benadetto's hearing today. Um your honor, my calculation um is that uh the Horwath Law offices were removed on September 9th um to allow Miss Benadetto to represent herself. Um, and so 90 days from September 9th would be December 8th. >> I think that's correct. >> There's already way more than 90 days after March 19th. >> So, hold on one second. >> And I have a I have a screenshot where it says those charges were cleared and I paid the $200 for the window and I didn't need a court to tell me to do that. I don't owe anybody anything. >> So, Miss, what I'm looking at is just the most recent court order, which I believe contained a speedy trial waiver. Yeah, it did. Um, and it's it set as a commencement date, the date that Mr. Graham indicated because that was the date that you elected to proceed prosay. And so, yeah. So, speedy trial currently expires in your case on December 8th, 2025. Now, the reason I bring that up is because >> day before court it expired. >> I'm sorry. >> Day before court it had expired. >> No, the the um the speedy trial expiration date is under the court rules. And so it's it's when you're out of custody, it's 90 days from a commencement date. And so the most recent commencement date is the last time you were in the court and you said, "I want to remove uh my current attorneys and I want to represent myself under the court rule." >> That date was already beyond the threshold, was it not? >> Well, it it was ongoing, but that action >> it wasn't ongoing. It was cleared from my understanding. I have screenshots and my I even have an email back to me from Pierce County saying that they didn't have anything. They didn't see anything. >> So, Miss Benadetto, I'm just letting you know what it looks like in the court file right now. If you want to challenge speedy trial at a later time, that is a motion that you can bring along with the other motions that you're indicating. >> Yeah. If you want to say no, my that that is not my speedy trial time. it's been improperly calculated. You can do that at a later time as well. But what I want to do right now is make sure that as it currently exists, we are protecting your speedy trial rights. And so >> that have already been violated. You're protecting the violation of my rights. >> Well, >> and isn't it um RCW9A.48.090 and9.04.11 04.1110 defining malice that um the officer has to witness the action and be able to say independently that the intent of m the malice was there. Your officer cannot do that. >> So Miss Benadetto, we're not getting into the merits of that today. These are things that you're going to have. >> He really needs to just dismiss the the case. This is ridiculous. You're wasting everybody's time. Your honor, I'm just about I'm I I I've been very patient with Miss Benadetto and the reckless disregard for what the court is asking of her, but at this point, the city's objecting to to the routes she seems to continue to go down. >> And and I and I note that objection. And Miss Benadetto, this is one of those where there is a procedure that has to be followed that attorneys are held to that standard. And because you are a pro defendant, you're held to that standard as well. So, what we're going to do at this point in time is we're going to set a pre-trial conference in your case. And at that next pre-trial conference, Miss Benedo, please don't interrupt me. Okay. >> 48 hours. If I've been detained, you had 48 hours. >> Miss Benedo, >> been gone. >> I do not want you to interrupt me. Uh, at the next pre-trial conference, which we are going to set, and we're going to set it here fairly quickly. Let's see. Today is the 23rd of September. Oh, no, I'm sorry. Today is the 22nd of September. We're going to go ahead and set this for a pre-trial conference on >> Can we go straight to the to the jury? >> Well, we're we're going to we're going to get there. We're going to get there. We're going to go ahead and set this for October 9th at uh Darl, do we have a a do we have available time on October 9th at 3 p.m.? >> We do. Okay, let's go ahead and do October 9th at 300 p.m. and that will be the next pre-trial conference. Now, Miss Benadena, let me let me tell you what I expect at the next pre-trial conference. Okay? By then, you should have received the discovery in the mail. Okay? So, you should have had an opportunity to review all of the evidence that the prosecution is relying upon in these two cases. Number two, between >> I object. That's not enough time for me to file anything. October 9th from today. That's not 14 days. >> That is that is let's see eight days. So plus 9 that is 17 days from today. >> Court work days. >> Uh it doesn't have to be court days I don't believe but it's 17 days from today. And so what I would like to do at the next pre-trial conference >> and I won't even have the discovery to >> hold on and draft all my >> hold on one second. I want at the next pre-trial conference, I would like you to be able to confirm that you've received all the discovery and you're you've reviewed it. Okay? So, you got in the mail and I want you at that point in time to be prepared to file motions for on whatever grounds you believe that you're asking that this case be dismissed. You you've previously indicated a number of rights that you think have been violated. I want you to reduce that to writing so that the prosecution has an opportunity to respond and I have an opportunity to read whatever authority you would like the court to consider and then that at that time we will discuss when or if we are setting this matter to hear those motions or setting it for trial. Okay. I have a supplemental affidavit questioning the legality and equal protection and I have um >> what mindboggling >> something else I don't know what they're >> Yeah. And those are all things those are all things that you're going to be able to file at the next pre-trial conference. >> Can I file them today? Um, I would like you to have the discovery before you file motions because I'd like you to know what the evidence is against you. >> Not really much similar, David, but omnibus, I guess, to a >> Yeah. So, we don't do omnibus hearings. We do what's called pre-trial conferences, and they're very similar. Um, but that's that's going to be um the next hearing. join all unlawful and illegal proceedings including requests for sanctions, redress, informal objections to procedural substantive violations, breach of official misconduct, which is felonious. >> Yep. And you will have you will have the option of filing and raising whatever motion that you think is appropriate. >> No, because you guys don't you don't follow your own rules. I can name 20 of them. Well, and Miss Benadetto, that's this is setting the matter for October 9th is an opportunity for you to put down all of those examples that you believe uh the law has not been followed on and then the court will rule upon that motion and decide what remedy is appropriate. >> So on the 9th, will the officers be here? >> No. No. It's it'll be kind of like a hearing today except that by that point in time you will have had an opportunity to review the discovery and then you will need to be prepared to file whatever motions you want the court to consider because remember any motion that you file for example a motion to dismiss your case. >> You have to file a copy with the court. You also have to file a copy with the prosecutor so that they have an opportunity to respond. Okay. >> And that's separate from the clerk. >> Yes. The clerk is is part of the court. So, if you want to get something to the judge, you give it to the court clerk. If you want to get something to Mr. Graham, the prosecutor, you have to give it to the city attorney's office. Those are two different offices. They're in the same building, but they're two different offices. >> I think I did email um Mr. Grim, did you ever receive an email from me? >> I can't say that I did or did not. Okay. Okay. So now in the meantime, uh, Miss Benadetto, please make sure that you are complying with all terms and conditions that were imposed by the court, your pre-trial conditions at the time of your arraignment. And we are going to go ahead and see back here on October 9th at 300 p.m. Okay. >> Yes, sir. I'm going to have you go ahead and come forward and we will give you the court clerk will give you a copy of that order. >> And once again, >> thank you >> both for being so patient with me. I do >> Yep. Well, I was and I was about to tell you, I think I think you're you're doing you're doing quite well. So, just continue to to conduct yourself in the way you are and and uh we will get through this one hearing at a time. Hi. Well, that's just about it. So, so thanks for watching and we'll see you again real soon. >> And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comments section. Tell me what you think. [Music] In fact, actually, I wish you could see the studio floor right now. There's nowhere more fascinating after a show. Everyone's so busy like like bees or white Anglo-Saxon Protestants. >> And a huge thank you to all of our Facts or Frauds channel members. [Music] If you'd like to become a member, click on the link in the description or click join right next to subscribe. There's electricians all rolling up their cables. Whoops. Sorry guys. And there's the sound technicians unplugging all the microphones. Okay, if I keep mine on for a minute, Na'vi, stand up. Now, if you're still hanging out, thank you. I appreciate you all. Why not hit the thumbs up button, make sure you subscribed, ring the bell, and leave a comment in the comment section. Tell me what you think. Until next time, I'll see you soon. And and of course there's lots of the producers friends all excited waiting to meet the stars and generally getting in everybody's way just like our producer. Oh, we don't mind. Oh, and not forgetting the prop guys. They're busy striking the set. That's an interesting little point there. Striking. That's a word we all use in the biz for dismantling the set. Taking it apart, unscrewing things, releasing safety catches, that sort of thing. Yes.
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