Channel operation
Preparing…
Starting…
- Elapsed time
- 0s
- Estimated remaining
- Estimating…
No changes saved yet.
Keep this page open while work is running. Estimates change with channel size; leaving may interrupt unsaved work.
View resultsTranscript Details
- Language
- en
- Format
- text
- Source
- scrappa
- Auto-generated
- Yes
- Confidence
- N/A
- Created
- 2026-10-23 01:53
Transcript Content
Uh, you can't do that, ma'am. >> I can I >> You're violating your You're violating your oath of office without any authority. And I have the sheriff's here that can make a citizen arrest to any judge that violates their oath of office. You're violating your oath of office. You do not have jurisdiction. The constitution says so at article 3 section 2 clause 2. >> Kathy McKay has been trying to sell her house for 3 years. >> I say it's moving ready technically. >> But McKay can't sell because she's the victim of fraud. A fake lean. A leaner neighbor filed claiming he actually owns the house. >> This has been a nightmare. >> This does keep me up at night. >> As soon as Plat County reporter Christopher Wright learned about the latest fake lean, he had it invalidated and reported the man who filed it to the Plat County Sheriff's Department. Plat County's prosecutor charged Gary Michael Pelosa with felony fraud for filing false documents. >> Yes, sir. I had I didn't know we weren't going to be in court today. I have motions here that I don't know how to get into court cuz the jail don't have uh mailing envelopes. I thought I was going to be in court so I can give it to your clerk and uh I'm going to need to ask to push this maybe forward so I can find a way to get it into the court. >> Well, Mr. Pelosa, what you're discussing is one of the complications of representing yourself. >> All right. I believe Mr. Patterson, that brings up you and Mr. Pelosa >> and judge as standby council. I'll whatever the court wants me to do, but I would propose I just leave my screen black and and muted until and unless I'm needed. >> All right. Well, we will be on the record right now and be 2026 CR25 and BU 2026 MR19. What is that one? Let me look at it. Mr. Patterson, do you know about that case? >> I am vaguely aware that there's an extradition case on a misdemeanor, but other than that, I know nothing about it. >> Well, let's focus today uh first of all on the traffic or the misdemeanor. So, which case are you ready to take up, Mr. Baku, or both? >> Your honor, I do know both are on today. I I do think the CR case uh is going to be the one that takes up most of the time here. The other one's a extradition matter. >> All right. So, this is not a traffic matter. This is charged as count one, interference with a law enforcement officer, falsely reporting information intending to obstruct law enforcement, count two, possession of marijuana, count three, driving while suspended, a second or subsequent conviction, and count four, unlawful vehicle registration. So at this time we will be on the record in BU 2026 CR25 state of Kansas versus Gary Michael Pelosa who appears in person in custody and with councel Darren Patterson and the state appears by assistant county attorney Joseph Baka. I see Sergeant Acres is here. Is he subpoenaed on this particular case? Yes, he is on this particular case, your honor. >> All right, Mr. Baka, any opening statement? >> Your honor, state would wave any opening statements at this time. >> Mr. Patterson, any opening statements from the defense, >> judge, I don't have any part in this, so I'm I'm going to black my screen out. >> I am sorry. Yeah, you probably better, otherwise I'll keep calling on you. >> But before you go, let's talk to the Well, that's fine. All right, Mr. Pelosa, what's going on here? You're wanting to represent yourself. Is that right? >> Ma'am, we haven't established the status of this court yet. I don't know you. Do you have a valid oath of office? >> I don't know you. >> Yes, sir, I do. >> Okay. I accept your oath of office and your offer to be my public servant and trustee. >> I'm not your trustee in the legal sense or in any sense, sir. >> You're a public trustee, ma'am. Call me what you will, but I'm not accepting it. Go ahead. >> I would like you to take notice of the notice and demand that this court has received on Monday. And is the prosecution here to provide evidence from that notice in demand? >> Notice in demand. Is that what you're saying? >> Yes. It was filed on Monday. >> Monday, March 22nd. I see that today. No, I see that on March 23rd, that would be Monday, you filed something called notice and demand facts filed by Shelley Flareity with Lauren court reporting. Are you claiming to be Shelly Flarey with Lauren court reporting? >> I'm not claiming that. Well, that's the only thing I see that's entitled uh and it's not so fax transmission sheet date March 23rd 26 to the clerk of the bust of the district court butler county state of Kansas versus Gary Michael Pelosa from Shelley Flare Luren Court reporting Cape Coral Florida. >> Yeah, that's my notice and demand to the court. >> Well, that's 15 pages reportedly by this Miss Flity, not you. >> I signed it. >> Then why did you make demand? Okay. All right. Go ahead. What do you want me to consider in this document that doesn't seem to have any Kansas authority in it, does it? >> Yes, it does. >> Okay. Okay. Will you make your argument and show me where that is? Tell me what what Kansas law needs applied and how. Go ahead. >> I'm challenging territorial jurisdiction. Is a prosecution ready to provide ownership of the locust and co of this matter at 114 Highway 54 on Andover. >> He doesn't have to show that he owns that. >> No, the state has to show that. I don't even see the state here, ma'am. Okay, that request is denied. Next sardan, >> I reject that premise. >> Noted. Does that mean you Okay, go on. >> Okay. I am here by special appearance and I reserve all my rights and I wave none of them. I am the beneficiary and priority leanh holder via a Kansas UCCC lean registration number 5676382 over the defendant the Gary Michael Pelosa Social Security Trust registration number last four digits ending in 0762. And as a beneficiary and priority leanholder, I have the authority to order you as trustee to dismiss and discharge this court matter case immediately and release my collateral. the defendant Gary Michael Pelosi from the custody of Butler County Jail to the streets immediately. >> Now, are you Gary Michael Pelosi or are you someone else? >> I'm the beneficiary. Gary Michael Pelosa is a is a trust. >> All right. If Gary Michael Pelosi fails to appear, I'm going to have to issue a warrant for his arrest. But that's kind of silly since you're sitting in the county jail. What's your what's your motion or request at this time, sir? to dismiss the case. >> I want to process. There's no jurisdiction in this matter, ma'am. There's nothing in the record to show that this court has jurisdiction. Article 3, section two, clause two of the Constitution, which you said you throw an oath to, states those cases in which a state shall be a party, the Supreme Court shall have original jurisdiction. You cannot sit here being employed by the state of Kansas and judge a case that your employer, the state of Kansas, pays you for. That's a conflict of interest. Are you a member of the bar in good standing, ma'am? >> Sir, at this time I deny your allegations. >> Is your bar number 12910? Sir, at this time your motion to dismiss for lack of jurisdiction is denied and you can take that up further if you appeal this with the Kansas Supreme Court. >> You cannot die. You You cannot deny a motion. Subject matter can be challenged at any time, ma'am. And there's no >> I have jurisdiction, sir, over the subject matter. >> There is no subject matter. What is the subject matter? There is no contract. >> All right, let's move on. What's your next point? You can't do that, ma'am. >> I can I >> You're violating your You're violating your oath of office without any authority. And I have the sheriff's here that can make a citizen arrest to any judge that violates their oath of office. You're violating your oath of office. You do not have jurisdiction. The constitution says so at article 3, section 2, clause 2. >> We'll let the appellet courts decide that, sir. Let's move on. What's the next point? >> We don't need it. You can't move on without jurisdiction. >> I can and I will. You don't have any anything else you want to say before we start this trial? >> What trial? You don't have jurisdiction to have a trial? >> All right, Mr. Baka. Uh, do do you want to call your first witness? >> I can if the court's ready to proceed, your honor. >> I'm ready to proceed unless the defendant has anything legitimately he wants to have heard. Doesn't sound like he does. Your honor, >> state at this time is ready to proceed and would call Sergeant Acres uh to the stand. >> Please raise your right hand. Sergeant Acres, do you solemnly swear the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth. So help you God. >> Yes, I do. >> Thank you. Please proceed, Mr. Baka. >> Thank you, your honor. Sir, if we could begin, could you please state your name for the court's record? >> My name is Thomas Acres. >> And Mr. Acres, where are you currently employed? >> With the Butler County Sheriff's Office. >> And how long have you been employed with the Sheriff's Office? >> For the last 13 years. >> And have you held any other law enforcement positions before the sheriff's office? >> No, sir. This is the only uh agency in which I worked. >> Okay. If you could, could you summarize uh any training and certifications you've received to perform your job duties? I've actually received a number. Uh I started at the detention facility in which we accomplished a regular detention course specialized with uh maintenance and operations of the detention facility. Then I went to the Kansas law enforcement training center to complete a 440hour curriculum based out of a standard of law enforcement maintained by the Kansas standards certified police officer stand training and standards or KSC post. In addition to that, I've maintained 40 hours of continued education and curriculum every year since the second year, which the first year after graduating academy, you're excluded from. But for so in that regard, I've had uh every year of the second year afterward 40 hours. In addition to that, I've I've trained several specialized uh trainings and and certifications. uh at one point I had actually been promoted to the rank of detective in the course of my investigative career. Again, that's where I achieved a majority of my specialized uh training and certifications in in forensics and cyber uh investigations and digital forensics as well as human trafficking investigations, white collar crimes uh to even include um you know traffic investigations um and etc. Since that time frame, I've since promoted to the rank of sergeant, and in that time frame, I've now become in a supervisory role. >> Thank you, Sergeant Acres. And Sergeant Acres, I'm going to be asking you about uh events that occurred on January 21st of 2026. In general, do you recall events from that date? >> Yes, I do. >> Do you have any physical limitations or anything that would keep you from recalling events from that date? >> No, I do not. >> Okay. Were you on duty in your current employment capacity on January 21st uh 2026? >> Yes, I was. >> And around on that day around 2040 hours, uh do you recall your location? >> Yes, I do. >> What was that location? I was parked running stationary traffic enforcement at Highway 54, mile marker 232, which is thereabouts uh the intersection of Highway 54 in Santa Fe Lake Road, Augusta, Kansas. >> And you're familiar with the boundaries of Butler County? >> I am. >> Is this location within the boundaries of Butler County? >> It is. >> And then what if anything did you observe at that location at that time? I was say I was parked facing westbound in a section of the roadway which is the median which is clear from traffic. And at that time frame I observed a vehicle on my rear radar uh that was traveling at 45 miles hour which was also westbound. >> Okay. And do you know the posted speed on that particular roadway? >> I do. It's 65 miles per hour. >> And so your testimony is this vehicle seemed to be driving slower than the posted speed. Is that correct? >> That's correct. >> Once you made this observation, what did you do next? >> And it's it's strange and odd. And at this point, I was determined to follow the vehicle so that way I could see if there was anything wrong with the driver andor the vehicle or any other kind of investigation that that need merited. And so you started following this vehicle at this point. Is that correct? >> That is correct. >> Okay. And as you were following this vehicle, what if anything did you observe? >> At one point it actually slowed down to 22 mph. Um at this at this point I was able to get up behind the vehicle to attempt to get the tag off of the vehicle so I could continue trying to see what was going on. And were you able to get any information from that tag? >> I actually wasn't. When I uh had first ran the tag, I ran it on my own, which I had suspected maybe it was a Missouri tag. I could I could make out the letters, but there was something covering over the state, so I wasn't exactly sure of the state registration. U but I had ran it, which I suspected was through Missouri on my, you know, mobile data terminal or MDT, which has NCIC access. And I had a return that said that it was uh or canceled removed. >> Okay. And so after you made this observation about the tag, what did you do at this point? >> I wanted to confirm and be doubly sure uh at this point it was already a violation based off the NCIC hit that it was illegal registration, but I wanted to be absolutely positive before taking an enforcement action. So, I continued to follow the vehicle and attempt to identify any which way that I could confirm if it was a Missouri plate. >> Okay. And so, uh, at some point, were you able to, um, confirm the tag? >> I was. Um, >> go ahead. >> At some point, did uh you attempt to stop this vehicle? >> I did. >> Can you describe that process as you stopped the vehicle? At the time in which I continued to follow it, it had driven all the way to the Andover Quick Shop, which is located at 114 um I believe West Highway 54 in Andover, Kansas. Uh as the vehicle was turning into the parking lot, I was able to clearly see the license plate said Missouri over the top. Uh at this point I was able to confirm not only what I had seen but also what I had checked through dispatch uh that it was it was truly a cancelled revoked removed license plate. And that's at this point when the vehicle pulled into a stall is where I it made my traffic stop or initiated contact. >> So the vehicle had stopped before you uh turned on any lights or siren. Is that correct? >> That is correct. >> Okay. And once the vehicle stopped, what did you do at that point? >> As the vehicle stopped, I recalled the driver, a white male, um, exited the driver's seat. I exited the driver or my vehicle to make contact with it to let him know that I was actually conducting a traffic stop. And the reason why was that the license plate on his vehicle didn't return valid. >> And did this particular driver have a response to that? He explained to me that he had he was not necessarily the owner of the car, but that he was using the car and he was transporting the car from its place where it was purchased in Missouri back to a location in Kansas. I don't exactly recall where. He also explained to me that he was doing this on the behalf of somebody else. >> Now, Sergeant Acres, uh, were you able to get a good look at the driver of that vehicle uh, at that point? >> Yes, I did. And do you see the driver of that vehicle on our Zoom call today? >> Yes, I do. >> If you could, could you uh describe that person for the court's record? >> Person I see that's who is the driver is a white male wearing glasses with an orange um jumpsuit or suit or shirt. Um also um the screen in which the subject is found is called Butler County detention and the background of the image is looks like the law library at the Butler County Jail. >> Your honor, I'd ask the court uh record to reflect that Sergeant Acres has identified the defendant as the driver of the vehicle. >> The record shall so reflect. >> Thank you, your honor. Sergeant Acres, going back to your interaction with the defendant, um, once he explained about the tag on the car, what did you proceed to talk about, if anything, next? Well, based out of this, I explained that based on what I observed, it was a traffic violation or violation of Kansas state law to operate a vehicle without lawful in or registration. and I asked the individual to identify himself. >> And did uh the defendant have a response to that request? >> I don't exactly recall, but I know that he didn't have a license and he basically gave me his name and date of birth. >> And do you recall what that name and date of birth was that he gave you at that time? >> He gave me the name uh Garrison Michael with um I believe the date of birth was I know it was in March. May I refer to my notes? >> Would those notes uh help you u identify in more detail the events from that day? >> They would. >> And are they an accurate uh reflection of the events that occurred on that day? >> They are. >> Your honor, I'd ask the court to allow Sergeant Acres to refer to his notes at this time. >> You may refer to your notes to refresh your recollection, Sergeant Acres. >> Thank you, your honor. >> You're welcome. The date of birth that the driver gave me was March 12th and again identified himself as Garrison Michael and gave himself uh or explained that his short name was Gary. >> Okay. And once you received this information, what did you proceed to do next? >> I continued with my traffic stop. The individual at this point had exited the vehicle uh for officer safety allowed him to remain outside the vehicle. Went back to my vehicle to run the information through my mobile data terminal. >> And did you receive uh any kind of response from your mobile data terminal? >> I did not actually. >> What exactly did the terminal indicate to you if anything? I wasn't able to get a return through Kansas for an individual by the name of Garrison Michael. Um, actually there was another Garrison Michael that was uh since deceased. However, I wasn't able to find exacting information as provided to me by the driver. >> Did you also check uh the name along with the date of birth you were provided? >> I did. >> And did the date of birth help you give any further information? Uh, it did eventually. >> Okay. After you received this indication from your terminal, what did you do at that point? I met back with the driver to try to confirm the information. At this point, I had already suspected maybe there wasn't full information that the that the individual was giving me or I even suspected at this point that the individual was giving me fictitious information. Um, I asked the individual or the driver series of questions about uh their their their history or physical identity, which included addresses in which they've lived, states in which they've lived, uh, telephone numbers, uh, places in which they've lived, people which they've lived with. U, based out of this information, um, I learned that, um, the driver indicated he was from an address in Witchaw in addition to having previously lived in Texas. Um, in addition to that, there was a name in common with a girlfriend uh because of the place that he was recently living at in Plat, Missouri. I used this information and continue to search through law enforcement databases and was able to find Gary Michael Pelosa with the same date of birth with exacting addresses from both Witchaw, Missouri, and Texas and associations with the same individual he identified as his girlfriend. Did you ask the defendant about uh the discrepancies in the name between Garrison Michael and Gary Michael Pelosa? >> I did on a couple of times or a couple of different times during this incident. >> What was his response? >> First response was is that he didn't recognize who Gary Michael Pelosa was. And in fact, he actually even denied that this was who he was as time went on through the investigation. Um, in addition to some other things that occurred to include the discovery of an old Kansas driver's license that bore his image and was found in the vehicle, he eventually explained that he is Gary Michael Palooa, but he doesn't identify as Gary Michael Pooa because that's a name that was applied to him. And instead, Garrison Michael is the name that he assumed. And therefore, he believed that he wasn't lying to me by calling himself Garrison Michael and denying that he's Gary Michael Palooa. >> At any point during this investigation, did you see any information on Garrison Michael with the date of birth that he gave you? >> I did not. I found Garrison Michael with similar addresses on mail that was in the vehicle. However, I did not find anything with official documentation or identification. >> So once you received the information of Gary Michael Pelosa, did you then check that information with the date of birth on your records? >> I did. >> And um did you discover anything in particular about any official state documents at that point? >> I did. >> What if anything did you discover? I discovered that he had a license uh through the state of Missouri which was suspended um actually two times on the same date which was in December. Um in addition to that I uh discovered that he had outstanding warrants for his arrest when I don't exactly recall where those warrants were. >> Okay. And did you discover any documentation that related to the state of Kansas? >> I did. And what was that documentation? >> That was a um one a social security card in a package, a ziploc bag along with several financial cards and a Kansas driver's license which appeared quite old that was actually concealed inside the fuse box underneath the hood inside the vehicle. And so did you make any further inquiry once you found this Kansas driver's license? >> I did. >> Was there any information about the Kansas driver's license that you discovered? >> Um, I believe that that Kansas driver's license was no longer valid because it had expired. >> Okay. And you did you discover any suspensions on the Kansas license? >> I don't recall any I I believe the Missouri I believe his license was suspended through Missouri. >> Okay. So after you made this check uh and received this information, what did you do at that point? >> I placed uh the individual, the driver under arrest. And what was he placed under arrest for? >> Interference, providing a fictitious name of law enforcement, which appeared to be in direct attempt to impede my investigation in addition to driving while suspended and for the uh uh for the uh registration violation. >> Okay. And did you inform the defendant that's what he was being placed under arrest for? >> I did. And if I might add, also, he was under arrest due to the outstanding warrants. >> Okay. Did he have a response when you informed him of what he was being arrested for? >> I know that we had a conversation, but I don't know that it was in relation to um him contesting. Oh, I do recall a conversation. >> I never had a Missouri text a Missouri license. >> Never in my life. If you could continue, Sergeant Acres, uh can you describe the nature of that conversation? >> Um in that conversation, we discussed um the reason why that we were having such a mis a mixup or miscommunication or that there was contra contradicting and contrary information that's that was being given out. Um he explained that um he did not one recognize that he had a social security number because that number was assigned to him through the social security administration. So therefore he didn't declare ownership of it. And then even in addition to that he did not declare ownership of any license issued through any state due to the fact that he did not agree to the terms in which the rel the contractual relationship was constructed between him and whichever issuing state it was. >> Okay. >> And so once he was placed under arrest uh where did the defendant proceed to go at that point? At that time I I transported the defendant to uh the Butler County Detention Facility. >> And so after he was taken to the Butler County Detention Facility from that day to today, did you have any other conversation with the defendant? >> No. Now going back uh this vehicle that is now at the convenience store um can you informed what happens with this vehicle once you place the defendant under arrest? >> I apologize. Um at that point it was a determination of whether or not it was going to be allowed to remain which was in largely consent out of the ownership of the uh the store which was the Andover quick shop. and in addition to the owner of the vehicle. Um, which at the time or at this time I I don't recall his exact name. Um, but I was in conversation with the owner of the vehicle and the store to determine if the vehicle could remain there. At the end of that that it it that's what was determined was that we would leave the car there with the keys with the with the store clerk and then the owner would make arrangements to have the car collected. >> Okay. And so was there was nothing removed from the vehicle or looked at in the vehicle by you or any other officers at that time? >> There was. >> Okay. Um why was it that the vehicle was looked into at that point? >> During the stop thereabouts the time where I was still attempting to confirm the identity of the driver, I had requested a canine to come to the vehicle to conduct an open air sniff for the odor of narcotics. that K9 deployment was conducted which resulted positive for the in for the odor of uh narcotics. Thus, at that point, we initiated a probable cause search. >> And so, what if anything did you discover in the vehicle during that search? >> Uh, we discovered numerous documents to both Garrison Michael and Gary Michael Pelosa. We discovered um several miscellaneous items. And then we also discovered underneath the hood, that's where we had discovered the uh the license, the social security card. Um in addition to a large ziploc bag full of unused um syringes or hypodermic needles. Um, in addition to that found a uh an amount of green leafy botanical substance which I identified as marijuana. >> Now you indicated this search of the vehicle occurred before the defendant was transported to the Butler County Detention Facility. Is that correct? >> That is correct. >> And so did the the defendant was present when you searched the vehicle? Is that correct? >> That is correct. Now, once you found these items, did you have a conversation with the defendant about any of the items in the vehicle? >> Yes, I did. >> And can you describe the nature of that conversation? >> After having discovered the items themselves, um, I ended up advising the defendant of his rights according to Miranda prior to questioning him about the ownership of them. Um, of course, um, which out of turn I I had previously testified that this is where I had learned from Mr. or from the driver that his position toward his driver's license and the social security card, but in addition to that, he uh denied ownership over uh the marijuana, but indicated that he had used marijuana to help him sleep that night before. >> Okay. And so he he didn't claim ownership of the substance that you believed to be marijuana. Is that correct? >> That's correct. >> Okay. >> Did you have any other conversation about the items in the vehicle? >> None that come to mind at the moment. >> Okay. And so is there anything else with this investigation in particular that you feel is relevant and the court should know about today? No, sir. >> Okay, your honor, at this point, that's all the questions I have for Sergeant Hakers at this time. >> All right. Uh, Mr. Pelosa, do you have any cross-examination questions? >> Ma'am, I'm still challenging subject matter jurisdiction. I can't be It can't be waved and it must be proven until it is proven. The court cannot go on. But I will ask the the officer questions under necessity only. >> Proceed. >> Mr. Acres, when you were following the vehicle in question, did you ever at any time put your lights on? >> No, I did not. >> Okay. So, how did you end up approaching the defendant? As previously testified, as the vehicle continued westbound on 54 and eventually pulled into the parking lot at the Andover Quick Shop, I had turned in behind the vehicle. At this time, I had turned my lights on and conducted the traffic stop. >> You didn't Well, if you if you was he driving the car when you stopped the car or did you stop the car at all? >> Yes, he was driving the car when I stopped the car. So you you you claimed that you didn't have the lights on, but you stopped the car. How is that possible? >> In correction to that, I said as the vehicle pulled into the parking lot is when the time in which I turned my lights on to conduct the traffic stop. You claimed that he had a suspended Missouri driver's license license. Do you ever you have any evidence of that? >> I apologize. I'm referring to my report. >> For the record, when you two are talking about he, we're talking about the driver of the vehicle, also known as the defendant herein today. >> That's correct, ma'am. Okay. And can you please state the Missouri driver's license number when you find it? >> Let him let him give one answer at a time. >> I apologize. I have, if I can offer a correction to my testimony, that the defendant does not have a Missouri driver's license, but had one through Kansas and had received a uh actually on December 14th of 2022 had been issued a uh a suspension for failure to answer citation, which was issued through Missouri. So, so the defendant doesn't have a Missouri driver's license. >> No. >> Okay. >> So, what what other things that you may be wrong at in your reporting then? Because well, I'd have to testify as a defendant when that comes instead of crossexam. Isn't it Isn't it true that Did you ever talk to the owner or the trustee of the car? >> I talked to an individual that was identified as the owner. Correct. Yes. >> Well, he was identified as a trustee, wasn't he? >> The vehicle was belonging to a trust. And this is the individual who I was explaining by you was the owner of the vehicle. >> Okay. Okay. If you're you're talking to me as me, I never said the trustee was the owner because the trustee >> All right. You're either going to you're either going to wait and testify or you're going to cross-examine the witness now, sir. But you're not going to start testifying in the middle of this cross- examination. >> Was the discussion you had with the driver, was it from his window or was he walking into the store? As I recall, my initial contact was when you exited the driver's seat and I met with you at the back door of the back passenger driver side door of the vehicle. >> Did you say hey or talk to the driver to keep him from stopping from walking into the store? >> Yes, I did. >> Okay. So, he wasn't aware you were even there until you said, "Hey, I want to talk to you for a minute." Is that correct? >> I can't speak to where the point in which the which you identified that I was there and trying to make contact with you. >> Okay. So, when you talked to the trustee, did he give you evidence that the car was properly registered? And did not he show you anything send you on the phone that proved the receipt that the car was just registered? >> Mr. Pelosa, excuse me, Mr. Pelosa, when you say when you talk to the trustee, do you mean yourself or someone else? >> The trustee of the trust of the car that was registered in That's what I'm talking about. >> Is that okay? >> The car is registered to a trust and he talked to the trustee because the driver The driver had given him the number and the trustee had sent the receipt of the registration. >> Okay, stop. You're testifying. So, you don't mean that you are the trustee of the vehicle? You're not asking in that kind of question. >> No, I'm not the I'm not the >> Okay, that's fine. That's fine. Go ahead. >> I apologize, sir. Can you please restate your question? >> Did the trustee show you any evidence that he had registered that automobile? And so into clarification, the individual that you told me to speak with as the owner or and as you've stated at this point, the trustee was a guy by the name of Carl Long. Um, and I I forget the trust or the name of the trust in which the vehicle was declared to have been ownership through. However, Mr. Long did send me records of a receipt through an image of a receipt that he had paid for registration through the state of Missouri for the vehicle. Did the plates have current up-to-date stickers saying that the car the the plate was registered? >> I don't recall as far as like the exact stickers, but I recall that the registration was just recently purchased. >> Okay. So now now if it was recently purchased then how can it be not registered? >> I don't know that I have the answer for that. >> Did you explain to the driver the what you found on your computer when you ran ran the tag? >> Yes, I did. >> And what came up on your computer? >> That the registration was not valid. cancel is removed. Okay. So, you saw a receipt that showed that the car had just been registered, but now you're saying that your computer says it was removed. >> That's correct. There was >> Do you you remember the date that was on that receipt of the registration? >> No, I do not. >> Would it help me if I uh helped you reculate that that was registered just the day before? Your honor, a at this time I'd ask the court to have the cross-examination of Sergeant Acres continue to be questions rather than testimony by the defendant. I would object to that question. >> Sustained. >> Okay. Did the registration show a date of the registration being just the day before? >> I apologize. I don't have that in front of me. I don't know. Okay. So, you don't recall that the How did he How did he show you the receipt? Was it sent to you on your phone? >> Yes, it was sent to my department issued cell phone. >> But you don't recall the date of registration? >> All I can recall is that it was before the date of the style. >> Okay. I can't specify to the date in which it was because I don't remember. >> Okay. And you don't have your phone on. You just check that, do you? >> No, sir. >> Okay. Was there consent given for the dog to uh sniff out the car? >> No, there wasn't. >> Did you get consent from the trustee >> as in Mr. Long? >> Yes. No. >> Did he Did you have a warrant to to search the car? >> No, I did not. >> Okay. So, you just went ahead and searched it anyway. I searched the vehicle based out of prerequisite case law established in the state of Kansas which predicates our ability to execute his probable cause search based on a K9 deployment which was done in accordance to established case law. >> Okay. What was the probable cause to put a dog on the car? >> I didn't need probable cause to deploy the K9. Phil, the K9 operator doesn't need a warrant. >> Not in this case. No. Okay, I have no more questions for this witness. I would like to call the state of Kansas to the stand. >> Hold up. Hold up. You haven't gotten It's still the states evidence. Mr. Baka, any further evidence? Further witnesses? >> Your honor, I I have uh no redirect uh for Sergeant Acres. I have no further witnesses. I just am going to ask to admit the certified driving record on screen share. Very well. And do you have a KBI lab report to do the same with? >> Your honor, I do not have a KBI lab report to do the same. >> All right. Do we have field tests? >> Your honor, there was a field test that was performed. Uh, and I can ask Sergeant Acres about that or if the court would like to inquire. >> I'll just have you do it. >> Yes, your honor. Brief moment, your honor. There was uh just finding the right spot here within the affidavit uh that was prepared and filed by Sergeant Agards. The buds that were found in the vehicle uh were field tested and provided a positive result for THC according to his affidavit. >> That's for this witness. >> Yes, your honor. Why don't you go ahead and ask him about that to get that on the record? >> Thank you, your honor. Sergeant Acres, uh, did you perform a field test on any of the items that were taken from the vehicle? >> I did. What items did you perform the field test on? Can you describe them? specifically as pre previously testified as the green botanical buds which I suspected was marijuana that had been found inside of a yellow grocery stack stuffed into an air intake underneath the hood in the engine compartment of the vehicle. >> And do you recall the result of that field test that you performed on those buds? >> Yes, I do. It resulted positive for THC or tetrahydroinabonol. And do you recall what the field test uh unit was that you used? >> I don't exactly recall the test unit. That being said, it was a Lynn Pavey tester. >> Okay. No further questions on this matter for Sergeant Acres. Sure. >> All right. Mr. Pelosa, any followup with what the officer just inquired about the tests? So, you're saying you don't have any test results to show to the court? >> No, sir. The test itself is um kind of a oneanddone, so to speak, and it it involves the use of uh some acidic material. It's an individual test kit, and it's disposed of. >> So, you're saying you have no evidence to show the court The test kit was disposed of. Yes, >> I rest. >> Mr. Baka, it's up to you to rest because we're representing your evidence. >> Thank you, your honor. Uh, I have no further questions for Sergeant Acres, nor do I have any further witnesses. At this time, uh, the state would move to admit the certified driving record under KSA 6465. It has the proper, uh, seal and attestation on it, and I will publish that if the court does accept that into evidence. >> The court will accept that into evidence. >> This is a message from the Society for the Prevention of Stupidity to Animals. There is a tragedy going on in major city parks all over this country. Our current inner city drug problems have created a terrifying phenomenon. Crack addicted squirrels. Yes, innocent defenseless squirrels are collecting discarded crack vials instead of nuts. And these poor squirrels have become addicted and will do anything for their next fix. It is not A PRETTY SIGHT. FOR YOUR DONATION, you'll get a picture of your squirrel and a letter detailing his or her daily progress. The sight of roving squirrel gangs is pathetic. Attacking chipmunks and pigeons with used syringes, little bandanas on their heads. It's frightening and something must be done. Won't you help? Help a crack addicted squirrel get the monkey off its back. Remember, a squirrel is a terrible thing to waste. If you enjoyed today's episode, make sure to hit the like button, subscribe if you're not already and share the video around. And as always, let me know what you think in the comment section. And a very special thank you to every single one of our Facts or Frauds channel members. Your support helps keep this channel going, and I appreciate every one of you. Wish, thank you. Now, before this trial ever began, the court received a packet full of motions, demands, jurisdiction challenges, enough paperwork that would clog up a copier pretty easy. The judge reviewed it, heard it, the state presented its evidence, and the driving record came in. Despite Sovereign Pelosa's asurances that none of that applied, the case somehow managed to continue anyway. Funny how that happens. Next time, Sovereign Pelosa presents his case. Until then, I'll see you soon.
Danger Zone
This action cannot be undone. Please be certain.