Transcription
Well, I wish we finished before I answer your questions. I will answer your questions. I will finish exercising my first amendment right, freedom of speech, and retain what I was saying.
Um, you are appear in court as directed. I'm not going to argue with you, Mr. Martin. I understand your sovereign citizen argument. It's not the first time I've seen it or heard it. You are under the jurisdiction of this court. This court has jurisdiction under the Michigan Constitution and the laws of the state of Michigan. You were charged with a 93-day misdemeanor, sir. You've been advised of all of your rights. Okay. You have a First Amendment right, certainly, but you are here for an arraignment, not to lecture me on sovereign citizen beliefs.
And then we've got Mr. Martin. All right. This is 241388. The State of Michigan versus Eric Joseph Martin. Sir, can you tell me your name?
>> Oh, not the Romans Trust if that's what you're wondering.
>> Okay. Um, are you going to tell me your name or not, Mr. Martin?
>> Well, I just want to make it clear. I'm about the legal fiction corporate entity defend.
>> Sir, if you require accommodations to use the court because of disabilities or if you are require if you require a foreign language interpreter to help you fully participate in court proceedings, please let the court know immediately. You are here today on count one, domestic violence. There's an allegation that on June 8th of 2024, in the city of Taylor, at 9074 Clipper, that you did make an assault or an assault and battery upon Crystal Nicole Martin, a resident or former resident of your household, contrary to MCL 750.81(2). This is a misdemeanor punishable by up to 93 days in jail and or $500. A consecutive sentence may be imposed under MCL 750.6A if the assault was committed in a place of confinement. Those are the charges against you. You've been brought to court on a misdemeanor charge and you have the following basic rights: to plead guilty, not guilty, or to stand mute. If you stand mute, a plea of not guilty will be entered, and you may plead no contest with the permission of the court. You have the right to a trial by a jury and to have the assistance of an attorney. You have the right to an attorney appointed at public expense if you are indigent, meaning you cannot afford to pay for an attorney. If the offense requires a minimum jail sentence, this charge does not have a max a minimum jail sentence. The court determines that it might sentence you to jail. Uh, and the appointing authority, which is the court, would decide if you are indigent and appointed count and appoint counsel if you are eligible. You may have to repay the expense of the appointed attorney, and you may contest your ability to pay the ordered fees if the court attempts to collect any costs for an attorney, and the court must then determine your ability to pay. Mr. Fanto, a court-appointed defense attorney, is present in the courtroom. It's my understanding he attempted to meet with you and he was advised that you did not want to speak with him. Is that correct?
>> because of the uh unfairness of the uh laws that would fraudulently assume if I take a lawyer that I would be giving up my right to be one of the sovereign people and be fraudulently assumed to be a legal fiction defendant.
>> Yes, I
>> Mr. Martin. If you have a trial, you have the following rights: to call witnesses to speak for you at trial, and you could get an order signed by the court to require those witnesses to come to court. You have a right to see, hear, and question all witnesses against you at trial. You have a right to be a witness for yourself or to remain silent. And if you chose not to be a witness on your own behalf, the prosecuting official could not comment on your refusal to testify. You also have the right to be presumed innocent unless proven guilty beyond a reasonable doubt. If you plead guilty or no contest and your plea is accepted, you will not have a trial of any kind and you will give up the rights that I just listed to you. You also have the right to be released on bond. If you are now on probation or parole and you enter or plead guilty or finding a guilt is made by a judge or a jury, it may result in a violation your probation or parole. The court can sentence you to jail and fines plus costs. And the court must tell you on the record the name of the offense, the mandatory minimum jail sentence, if any, and the maximum possible penalty for the offense, including jails, fines, and both, which I have already done. Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise for good cause shown. If you are not able to pay due to financial hardship, you can contact the court immediately and request a payment alternative. So those are your constitutional rights going forward. Mr. Martin,
>> I want to make it clear. I have been legally arrested here by um Barbara Way. Okay. Because he just went by her lies saying I kicked her as soon as he walked through my door. I'm the one that called 911 on Trrist Martin. Okay.
>> All right. Sir, you have a constitutional right to remain silent and anything you say with respect to this case could potentially be used against you in a court of law. So I would advise you at this time um to remain silent with respect uh to the actual facts or allegations listed in the complaint and uh misdemeanor complaint which I've read to you. Sir, are you gainfully employed?
>> Well, we should finish before I answer your questions. I will answer your questions. I going to finish exercising my first amendment right, freedom of speech, and contain what I was saying. We wanted to appear in court as directed. I'm not going to argue with you, Mr. Martin. I understand your sovereign citizen argument. It's not the first time I've seen it or heard it. You are under the jurisdiction of this court. This court has jurisdiction under the Michigan Constitution and the laws of the state of Michigan. You are charged with a 93-day misdemeanor. Sir, you've been advised of all of your rights. Okay. You have a First Amendment right. Certainly, but you are here for an arraignment, not to lecture me on sovereign citizen beliefs. Okay? I'm trying to get you through this and make sure you understand the process. You are to appear in court as directed. You're not to leave the state without permission of the court. You're not to commit any new crimes while released. You're to immediately notify the court of change of address or phone number. You're to have no contact with the complainant, Crystal Martin, in this case. Do you understand me?
>> No, I do not understand and that I do not stand under the charges, the false quadulant charges, but I do comprehend. But as I was saying, I was illegally arrested in violation of my due process rights. There's not sufficient evidence for my arrest that I did any domestic violence. Bartway just arrested me anyway. There's no video of messing her. There's no She did not see it. She just told a lie. I actually
>> Sir, do you understand that you're not to have no contact with Crystal Martin?
>> Then you need to tell her do not come to my house. She keeps coming to my house so she can set me up with these lies cuz my sister
>> I have no contact her but she needs to miss your talk. I have the
>> Mr. Martin, it's clear to me at this point that you have no respect for the court. Uh I believe that you're a danger. I can't get any information from you as to whether or not you have another place to reside, whether or not you understand the court's no contact provision. I need to know that you understand what I am telling you because I am attempting to set a bond on your case. And if you want a bond on your case, you've denied, you've waved your right to an attorney, and I'm trying to figure out, do you have another place to stay? Um, do you understand what no contact means? And if and if you're not going to express to me that you have an understanding of what I'm saying, and if we can't get on the same page about that, then I'm inclined to not give you a bond.
>> Do you understand me, Mr. Martin,
>> I comprehend you. Yes.
>> Okay. Do you understand that I said you were to have no contact with Crystal Martin?
>> Yes. But she needs to stop coming over to my house. I'm not trying to contact her. She's coming over to my house so she can make false obligation like this so she can have the whole house to herself. Her and my sister. This is what the whole agenda is of her with my sister Lisa Martin tried this before. Even though I proved at the court before the video my sister Lisa Martin trying to set me up with lies and try swinging at me, insulting me. I had this on video saying that Crystal Martin here. I have her on video swinging at me in uh dealing with a prior case.
>> Okay.
>> Mr. Martin, does Crystal Martin live at the home on Clifford Street?
>> Yes. She Well, she comes over like for a day or two and but my sister lets her come over and she stays there for a day or two. Yes. And then, you know, here and there.
>> Okay. So, your sister owns the home.
>> No, she doesn't own the home. So, my understanding is the bank really owns it. You know, it's always been like my parents house. Uh, but I don't think really my parents own it because they didn't finish paying off the mortgage or whatever. So, I think technically it's the bank's house, but me and my brother and sister have been staying there for a long time. Me there for like 32 years. My parents have passed away now. So, now it's like a fight with them, too. They're trying to take over the whole house by coming with false allegations by telling uh cops, oh, he assaulted me all the time. This not true. It's a lie. There's insufficient evidence in violation by due process rights. a part away arrested me anyways and this just what she wants so they can have the whole house to themselves. I even found Crystal Martin.
>> All right. So, you're not to have contact with Crystal Martin. You're not to return to 9074 Clipper in the city of Detroit or in the city of Taylor, I'm sorry. You're allowed
>> objection that violates my due process because my right to live at my house because of an unsupported allegation by her, which is a lie. In fact, like I said, the cop had no sufficient evidence. She just told a lie and the guy didn't even bar it as a police officer. Just came to me and arrested me right off the bat. That violates my due process right.
>> Sir, you're allowed one visit to the premises to obtain personal belongings. You must be accompanied by a police officer.
>> And I want partway.
>> Well, hold on. I'm going let you finish. I was going to say finish saying what I got to say so you don't cut me off. And I want arrested for legal arrest.
>> I want arrested for illegally arresting me. I want him charged for assume battery for legally arresting me and kidnapping.
>> Okay. cuz it was without my consent.
>> Mr. Martin, if you are not allowed at the 9074 Clipper Street address, where will you be staying?
>> I am allowed. I don't have nowhere else to live. That's my house. I'm allowed there. You are these other process.
>> All right. He has a $2,000 cash bomb with a GPS tether. He's not return.
>> He's not He's not to appear at 9 guilty.
>> He cannot come to 9074 Clipper or be in contact with Crystal March.