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. >> All right. Thank you, Mr. Baka. You had an announcement. >> Your honor, after admission of the certified driving record, the state would rest at this time. >> Very well. Now, Mr. Pelosa, if you want to present any evidence on your own behalf, this is the time to do that. You can call yourself as a witness. You don't have to. Uh, your silence will not be used as evidence of guilt against you. If you do choose to testify, Mr. Baka would have the right to cross-examine you just as you've had with his witnesses. So, at this time, sir, do you have any evidence you want to present? >> I have no evidence available to me right now since I'm uh held against my will in a place I can't get evidence from. So, >> you mean you're in the Butler County Detention Facility? >> Yes, I am. >> And you have Mr. Patterson, a standby counsel. Did you want Mr. Patterson to participate at this time? I didn't appoint him stand by counsel and uh I don't know if he's an interloper and I do don't want him even to be involved in my case. I can't get him off of my case because I'm exercising my sixth amendment right and I don't know who has authority to give someone an attorney when they don't want one. Uh and I don't see any authority uh and who can do that. But uh it it seems like he's stuck to me somehow. Uh and I don't want him stuck to me somehow. I don't want him as backup counsel. He's not doing anything. Uh, I know he's there to represent the trust, but uh, that's another issue. >> All right, then. Please proceed. Or are you resting? >> I want to call the the state of Kansas to the stand. I get a right to cross-examine my accuser and I want them to show me a photo ID with uh, driver's license or whatever, state of Kansas clearly printed on it, current street address. Sir, do you have do you have a person with a body that you can call to represent the state of Kansas? Sergeant Acres perhaps? >> Well, you can't represent the state of Kansas without presenting Kansas first. To represent something, something has to be presented in the first first time. >> Well, sir, it is your duty if you're representing yourself, >> right? >> To to call your witnesses. If your witnesses won't appear voluntarily, it's your duty to subpoena them. You didn't want Mr. Patterson to subpoena anyone for you or have any witnesses ready. So, >> the plaintiff should be in the court, though, or in this hearing. The plaintiff should be here. >> Sir, you can either call your witnesses or rest. It's up to you. >> I I'll I want to uh testify. >> Well, the state doesn't call anybody that you wanted to testify. If you want to call witnesses, call them now. >> I would like to testify myself. >> Very well. Please raise your right hand. I thought you just did, though. >> Did I raise my right hand and swear in? >> 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. >> I do. >> All right. Continue. >> Okay. I'm going to testify by doing an oritation. Um, >> all right. You're Gary Michael Pelos's uh the defendant hearing. Is that correct? >> Uh, yes. I do represent as the beneficiary the defendant, but I have a right to testify for the the trust. Uh, since I'm the beneficiary of that trust. Um on the on the day of question, uh officer Acres did not pull me over, did not put lights on, and I was walking into the quick shop on 114, uh Highway 54 because my car was having problems. That's why I had uh a transmission problems. It was heating up and I was going in the store for water. He said, "Hey, can I talk to you?" And I said, "What do you uh want to talk about?" He says, "Well, the condition of your car." I said, 'What about the condition of my car?' He said, 'Well, I ran your plates and nothing came back.' And that was very curious to me. I said, 'What do you mean nothing came back? It just got registered yesterday. Uh and uh we went around. I says, "I don't own the car. It belongs to Heirloom Trust and I've got the trustee. I'll call him up." And he talked to the the the trustee and the trustee sent him evidence that the car was just registered the day before. So there is no way that it could have been recalled or or said invalid or anything like that. It is still valid in Missouri. And if anybody wants to check, they can call up Missouri and find out that that is a valid license plate that was issued by the state of Missouri. So I don't know where he's coming up with with his testimony saying that it come back valid because he told me specifically that nothing came back on the screen. Not that it came back canled a void. that that's impossible. I said, "What where do you think I got the plate from?" I went into DMV and uh stole the plate and stole the sticker on there. It was a brand new plate with a brand new sticker and and the trustee just sent him on his phone uh evidence of of the registration of it the day before. So, I don't understand uh Sergeant Akres testimony because Sergeant Acres is is not telling the truth. I I was walking into the store and uh he he just did a fishing exposition because it was packed down because I was moving from Missouri to Kansas and it had a lot of stuff in it. He asked me if there's methamphetamine in the car. I said, "There's no methamphetamine car." So he said, "Well, I'm going to run a dog around your car." I said, "You don't have consent." He was on a fishing exposition and he found marijuana. He was looking for meth because he told me he was looking for meth. I have I have no idea where he found the syringes from. I I don't believe there was any syringes in the car because I don't use syringes. He found a lot of bottles of supplements because I'm a health nut. I do I did I did tell him about the marijuana being purchased legally in Missouri and I use it for sleeping. I just happened to bring it over with me uh in the car and I I told him it was purchased legally in Missouri. So his testimony does not jive with what was said at the at the location. And uh I don't know why he would go and and and misrepresent what was actually said and done at that time. When he asked me my name, I said I am Gary Michael, but I I go by Garrison. I said I I I use Garrison Michael, but my name is Gary Michael. I don't use my family name. So I just use my f my given name, which is Gary Michael, and my family's name is Pelosi. it doesn't belong to me. So when he asked me what my name is, my given name is Gary Michael and I go by Garrison and uh I used Garrison Michael and without the family name. So there was no intent to deceive him because I told him why. And when he asked me for a social security number, I said I don't have a number. It's not my number. If you look on the back of the social security card, it says this is property of the social security administration. So, it cannot be my property to say I have or I own a social security card. It is a social security administration's card and that's evidence on everybody's social security card if they look turn around and turn it to the back and read it. It does not belong to me. So, it's not my card and I can't testify. I was not trying to be deceptive. I was just being factual. And and uh for him saying that uh I I told him the whole purpose of me not using the family name. I prefer my given name and I use the name Garrison. Uh uh because I like the full name Garrison instead of Gary. I said my name is Gary Michael, but I go by Garrison Michael. So that that that's not that's not fake. That's not false. That that's my name. It's my given name. I gave it to myself and my family gave me Gary, but I preferred Garrison. So, uh I have tons of documentation. I've been using it for over 30 years. And I've got he found documentation with Garrison Michael on it that proves that what I'm saying is true. I use that name. I have an alias, if you want to call it an alias, but I wasn't being uh uh deceptive. He found evidence that I that I do use that name uh with correspondence and and legal documents that he found in my car. So, I wasn't trying to be deceptive there. Uh I I don't understand why he was uh so u uh permissive in trying to think. I was I was told by listening to the other officers there that Missouri was a methamphetamine state. So he assumed that I must have had methamphetamine because my car was loaded down. That's the only thing I could assume for his reasoning of that. I did admit to purchasing marijuana legally in Missouri and through through the sister clause, I thought I would be able to use marijuana in the state of Kansas because I obtained it legally in the state of Missouri. If I'm wrong in that, I'm sorry. I had no men's ray. I had no intent to do that because I am a health nut, but I have sleeping problems and I have headaches and that I use it for medicine medicinal purposes. So, I I wasn't trying to be deceptive, but uh that's that's the occurrence of of of that discussion. And I was not stopped or pulled over. I I was already parked and I was walking into a store when uh I was approached and asked questions about my automobile. Uh I was trying to be as truthful as I can with the facts that I represent. And I wasn't trying to deceive. Uh I I was just I I told him honestly. I bought it in Missouri. So that explains the the marijuana uh and uh my name thing uh the the the fact the the fact that um the [clears throat] registration when I told when I told I got my the trustee that I got a ticket for uh uh not having registered plates, he got very angry and he sent the prosecutor and Mr. Patterson. Uh, copies of the registration of that car. So, I don't know. Uh, I know Mr. Baka wasn't >> talking about >> Say what? >> Who are you talking about? >> I'm talking about the trustee of the car. The car is registered to a trust, heirloom trust. The trustee had sent copies of the registration to Mr. P. Patterson and to uh uh the the attorney's office, the prosecuting attorney's office. I I don't know exactly who he sent it to, but the office had got copies of that registration to show that the car was properly registered. So, um I don't I don't know where this uh car hasn't been legally registered. If you call Missouri up, you'll see that the car is properly registered in the state of Missouri. And you would think that you'd be able to use a car that was registered legally in one state throughout the whole United States. I don't know why. Uh Mr. Acres said that it didn't come up on his screen, but that that that uh registration that plate is current and it's valid. So, I don't know where the accusation of he has no evidence to show that uh was canceled or any he he's just saying stuff. Uh he's misrepresented of our dialogue and misrepresented my name. Uh he so I don't know why he's doing that, but uh it's it's done. and he has no evidence of any field test on even on the marijuana even though I'm admitting that I had marijuana. Uh there's no evidence and uh he he he got caught in stuff and he changes his testimony. So I just want to make that as a fact here. Uh and I'm done talking. >> Okay. Thank you. All right. At this time I am going to render my decision on these counts. So you you both have had a chance to talk and to present your evidence. Now it's my turn, Mr. Pelosa, to talk. And I would tell you as I would anyone else, it's too late for evidence. You've told me you've got pull [snorts] your evidence in, so don't interrupt, please. Um, we'll go through the charges. Count one accuses you of interference with a law enforcement officer alleging that you on January 21st, 2026 in Butler County uh falsely reported to a law enforcement officer, a law enforcement agency, or state investigative agency any information knowing that such information is false and intending to influence, impede, or obstruct such officers or agency's duty in violation of KSA 215904 subsections etc interference with law enforcement officer. Well, the evidence is clear from both sides that when the officer asked for identification, he was given a name other than the legal name of the defendant, Gary Michael Pelosa. The defendant gave the name of Garrison Michael. Garrison Michael. [snorts] And he said, the defendant says, "I am Garrison Michael. I go by Gary Michael, but I don't use my family's name. Pelosi is my Pelosi is my family name." Well, that to me is a clear admission that you told the officer a name other than your legal name. Now, you can go by an alias all you want. You can choose to use the name Garrison Michael, but when a law enforcement officer is asking for your legal identity to investigate a violation of the law, any reasonable person would know to give their legal name. And if you didn't give your legal name, there could only be one reason. Either you're too stupid to give your true name, which I don't find this defendant to be stupid. Um, or the other reason would be that you're trying to keep the officer from knowing who you really are. That one is one that I believe is true, that you did not want the officer to know your given name. He would have found out that you had a suspended license. He would have found out that uh you had things going on with your driver's license in both Kansas and Missouri. And that gave you a good reason to tell him that you were someone else. I don't doubt that you go by Garrison Michael as your alias, but your legal name is not Garrison Michael from what the evidence says. And by not giving the officer the name Gary Gary Gary Michael Pelosa, it caused him much obstruction and he had to spend a lot of extra time going through records to find out dates of birth and names that matched and ones that didn't and people that were dead with that name. But eventually he put enough information together he was able to figure out your real name. And even then you kind of hesitated by admitting that you were Gary Michael Pelosa. So I find you guilty beyond a reasonable doubt of count one interference by providing false information. Count two, possession of marijuana. Frankly, when the state rested, I was uh prepared to dismiss that case. Can the law is quite clear that field tests will amount to and be considered as probable cause in uh preliminary hearings where the burden of proof is proof beyond or proof probable cause proof. But since we're in trial and we don't have lab reports for proof beyond a reasonable doubt, I thought, well, the the c the state missed that one. But then you testified, Mr. Pelosa and you admitted every which way you could that that was in fact marijuana that you purchased it legally in Missouri that you used it to sleep and that it and that you knew that it was marijuana. So you basically shored that charge up beyond a reasonable doubt. So between the state's evidence and yours, I find you guilty of possession of marijuana in count two. Count three, driving while suspended. The certified records made it very clear that that your license was suspended. I know you objected to the two reports from the state of Missouri claiming they were falsified, but taking the report as a whole, I find your license was suspended on January 21st and that you had a prior conviction for driving while suspended. So, I find you guilty of that charge as well. Failure to register your vehicle seems to be the most uh the least difficult for me to to find you guilty of because uh you just it wasn't registered. Now, I know you gave me a good explanation for why you believe it was registered, but most of it was uh based on this hearsay of the unavailable declarant, allegedly a trustee of the vehicle. But I'm convinced beyond a reasonable doubt that the vehicle was not properly registered. So, I find you guilty of all charges and we'll proceed to sentencing at this time. Mr. Baka, does the state have recommendations? >> Yes, your honor. At this time, in regards to count one, state would recommend a $100 fine, 6 months jail suspended. We would recommend 12 months reporting probation. Also recommend standard conditions of probation, the probation fee, and court costs. In regards to count two, state would not recommend a fine, would recommend six months jail suspended concurrent with count one. Also, 12 months reporting probation with a special condition to obtain a drug and alcohol evaluation and follow all recommendations. In regards to count three, state would recommend the $100 mandatory minimum fine. recommend 8 months jail suspended, concurrent with all counts, 12 months reporting probation, and your honor, the statute is specific that he must serve 5 days in jail since this is a second offense, but I would not have objection to credit for time served on that five days, which I think he may have already met. >> Okay. Finally, your honor, in regards to count four, $50 fine, 30 days jail suspended, concurrent with other counts, 12 months reporting probation. >> Deputy, if you're still there, do you know how much jail time credit he might have? >> I do not. >> All right. >> I was arrested on uh the 21st of January. So, you've been in jail since January 21st? >> Yes, I have. >> All right. Thank you. Uh, Mr. Palona, if you have anything you want to say about your sentence, I would allow you to do so. [snorts] If you want to rely on your standby counsel, I would allow you to do so. Or you can remain silent if you wish. >> Uh, could I talk to Mr. Patterson for a second? All right, Mr. Patterson, can you come out of standby mode? >> Yes, your honor. >> All right. Could you please put them in a brief brief Mr. Patterson breakout room, please, Destiny? >> All right. We are back on the record in BU 26CR25. All parties appearing as before. Mr. Baka said while council and defendant were in conversation that he had an announcement. Did you want to make that at this time, Mr. Baka? Thank you, your honor. I just did want to point out it was pointed out to me by staff that an amended information was filed uh that did dismiss count for the registration. I just wanted to have complete cander with the court that we did prior dismiss that. I believe information was turned into our office. >> Interesting. All right. Well, there you go, Mr. Pelosa. By taking this to trial, you just got one count to go away. Failure to register your vehicle has previously been dismissed by the state and I will make it formally dismissed with prejudice at this time, meaning it cannot be refiled. Was there anything else you want to say before I pronounce your sentence, Mr. Pelosa? >> No, I'm good. >> Okay. On count one, interference with a law enforcement officer. Your sentence at this time is a $100 fine and six months in the Butler County Jail. Um, count two, possession of marijuana, no fine, but concurrent 6 months in the county jail. Count three, count three, driving while suspended after prior conviction. uh $100 in fines and 8 months concurrent county jail. There will be no sentence on count four as that has been dismissed. Now, all three of these counts will run concurrently. The defendant must serve a minimum 5 days mandatory in jail, but that is covered by time served. It looks like uh likewise the remainder of his terms will be um given credit for time served. So it is possible that he has maxed out his sentence. Mr. Baka, I don't know if anyone has put a pencil to that or Mr. Patterson, but if he's been there since January 21st, there's a chance he's either maxed or pretty close to that eight months. If he has not maxed out his sentence, he will be granted a 12-month reporting probation where he will have to see a probation officer and the officer will have to determine if interstate compact will allow a transfer to his home state in Missouri. If you have not maxed your sentence and you go on this 12-month reporting probation, all standard conditions will apply. You will be required to call the probation officer immediately after this hearing at 316 3224153 and give them all of your contact information and they'll direct you accordingly. You are to have no alcohol and no illegal drugs. And I don't care if it is legal in Missouri. It's not illegal federally. And you're not to violate any federal laws. And even if it is illegal federally, you're not going to possess it as a condition of this probation. And Mr. uh Baka, is there anything else I need to specifically order here? Judge, I think the only things I didn't see uh the probation fee courts and then the drug and alcohol eval. I was not sure if the court was going to >> Yes, I do want to order the drug and alcohol evaluation and follow it. And as far as amounts, count one, the fine is $100. No fine on count two. Count three, $100. uh no fine on count 4 because it was dismissed. Now the KBI the fact that you didn't get a KBI fee just saved you $400 in lab fees which you So that's to your benefit $158 in uh court cost. Is it 158 Destiny? It is in >> it is your honor for a criminal case. >> $60 supervision fee. Now, if you if you've maxed your sentence out, there won't be that $60, but otherwise there will. I think that comes to about $418. You know how long it might take you to pay that, sir? >> 418. Uh, probably six months. >> How about if I give you four months? 120 days to start with and if you need more we can get it. >> Okay. >> All right. To pay to 120 days and if there's nothing else then we'll be adjourned. But you must contact probation as soon as this hearing is over at that number I gave you and violate no laws. That's a standard condition. But I'm going to order that as well. So, I have I have time served on my sentence. Is that is I'm confused on the sentence. Okay. Time served. >> Your concurrent sentence is 8 months, but you're going to get credit for time served. So, if you've been in since January 21st of 2026, you're getting pretty close. Oh, I'm doing that math all wrong, aren't I, Mr. Baka? >> Yeah, I maybe close to three of the eight months at >> Yes. I'm sorry. I was thinking that that this happened in 25 and then I happened to say, "No, that's 26. Sorry to get your hopes up. Credit for time served. That'll come off the eight months." So, you will be on probation. Okay. So, your credit for time served will come off off the mandatory 5 days that you have to serve under the law. It will come off of the six months or I'm sorry, the eight months and you will have to go on probation for the remainder of those months. If you violate that probation, then it can be revoked and you can have to serve the remainder of whatever is left after you take your time served off the eight months. >> I see. >> Thought you gave me an interesting look, Mr. Baka, when I said uh you maxed it out. >> No worries, your honor. >> All right. So, Mr. Pelosa, you are to go now and call probation at that number I gave you. Do you still have it? >> Yes, you got it right. Yes. >> All right. So, Mr. Patterson, thank you for being standby. Anything else? >> Yes, sir. >> I just wanted to clarify. So, he's got an eight eightmonth underlying sentence. >> All All of the charges run concurrently for a total of eight months maximum. Yes. Eight month sentence. take away the credit for time served. >> And he's to be released on 12 months reporting probation. >> That is correct. >> Thank you. >> Thank you. I appreciate you getting that. Especially the way I botched the way I started. All right, everyone. Anything else? [music] >> Committed a crime? Are you in a lawsuit? Not only do you need a good lawyer, you need a good character witness. That's where we come in handy. Within 10 minutes, we'll be on your side arguing to the very end. Swear to tell the whole truth, nothing but the truth. I hope you got the the whole the whole truth and nothing but the truth. >> Oh, yes, you. I saw the whole thing. Well, John, it all started like this. >> I THINK THE WHOLE ACCUSATION IS DEFICABLE. WELL, YOUR HONOR, we heard this sound and homie ran to the window and gosh, he helped March. Get the camcorder. That's kind of how it all started. >> When you need a character witness, you need us. Call 1800 Cartoon today. >> 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 comments [music] section. And a very special thank you to every single one of our Facts or Frauds [music] channel members. Your support helps keep this channel going and I appreciate every one of you. Wanishi, thank you. Well, the court [music] had jurisdiction. The trust didn't stop the case. It did get the registration through. The filings, they they didn't stop the case, and the trial didn't end the way Mr. Pelosa hoped it would. But before anybody gets too comfortable, Kansas may be done. Missouri, not so much. Reality bites back. >> [music] >> Till next time, I'll see you soon.