GA v Kayla Brown — SENTENCING HEARING

[00:00:00] Speaker 1: hey guys how are you welcome back to my channel welcome back to real talk bougie guys hello okay y'all what is going on here so kayla brown was due in court today at 11 a.m and baby ma'am is ma'am is rogue okay um gosh where's the first thing that they said about her that she like declined the invitation to come to court today like some foolishness hold on a second let me see if i can find it real quick y'all i don't even know what to say um hold on let me see [00:00:43] Speaker 2: if i can okay great um well we're gonna i'm gonna expect great in a good courtroom this means judge and i guess ms wood if it's a public defender matter let me see what's going on here [00:01:01] Speaker 1: okay if you see right here there's that's ford right there walking in ford who's ford that's kayla's lawyer three-piece suit blue shirt um he walks in first thing this morning he's there for another case but kayla was supposed to be there right maybe not at that moment but they said that the hearing would be at 11 but he had another case in front of the judge something happened mcburney makes some comments that kayla wasn't there yet he was expecting her to be there and that she's not there and she declined oh he had somebody on zoom he had someone on zoom and who was it there was some sort of a doctor on zoom that he was trying to talk to and he excused that person from the zoom because the person that they wanted to talk to and apparently he had submitted a subpoena or something and he was just like well she's not here so it's no point something like that and then will said something about wanting to continue with the absentia ruling or [00:02:23] Speaker 2: something so let me see if i can find it that when you were with judge richard taldo um who has i wish i could find it guys hold on on to um judge allerby all right um robert [00:02:49] Speaker 3: where was that it was somewhere in here i feel like [00:02:53] Speaker 1: i'll have to go back and backtrack and find it but it's in here somewhere if you were watching over at mcburney's this morning you already saw that um [00:03:07] Speaker 2: the day um and it sounds like you don't object to that but you are saying we could from the state's perspective actually get all the way through sentencing oh the state is fine um to provide i have to get that far to say we won't do the resets um but the start and so not enough to say it you got to show it prevented them from traveling initially so um why don't we your case has been assigned to my [00:03:40] Speaker 1: all right all right i'll have to find it another time but you'll just have to trust me on it um they he just made a passing comment that um and then there was somebody on zoom who was there by subpoena and he let that person go because miss brown wasn't there now will is here let me pull up will coming up he's going to give another he's going to give a further explanation and they're going to try to continue with the hearing thank you drey's run to over crocs thank you so much hun i appreciate it so much um will is going to um they're going to address the court and then this lady here is going to do a plea with her clients or her case situation and then will is coming up so let's get to it um hopefully by the time um and then i can maybe try to find go backtrack and find where he made the passing comment and whoever this doctor was who came by subpoena um maybe just a mess this girl is making a very muddy situation out of this situation um so it's very unfortunate so let's just let's get into this part where will um kind of gives a little preview as to what's getting ready to happen okay i think [00:05:08] Speaker 4: where we're at is i think both sides are asking if the court would just proceed with the motion today the motion the motion the motion that we had filed i guess last week to go ahead and proceed with resentencing or consider resentencing and then proceed in absentia if it did not make herself available for report which it appears she hasn't um and i could make some additional representations if the court wanted me to but i think both sides are asking to just go ahead and resolve this today okay um we [00:05:41] Speaker 2: could do that we're going to take that other plea first because that was on the calendar all i was going to do today in the fyi category was take ms brown into custody and then we would do whatever resentencing or sentencing looked like at a later date um but she's not here um she is very arrestable um i'm a little confused as to how that hasn't happened yet um i don't think her location is a mystery but um the people have lots of priorities and and taking her into custody is not one of them [00:06:16] Speaker 4: apparently and i can say part of the judges that we've reached out to paulman county and they i guess can't prioritize the arrest unless they have a sentencing order which shows that she's a felon that's what i i don't know all the details but okay her status is convicted felon my understanding is but [00:06:32] Speaker 2: would move it up the the list okay well that may be what we need to do um but what i'd like to do then is um handle this scheduled plea um and then we can think about whether we're gonna do the um sentence modification i'm very open to the concept i don't know that i'm open to the timing um but we'll figure that out [00:06:55] Speaker 1: i wonder if he's going to keep this case then all right if we please bring this component of the case okay so let's go on mute we don't really need to i don't know what mr smith has going on but girl okay um all right so what's going on here what did we just hear kayla's not in court surprise surprise kayla's not there yet um why is kayla not there i don't know i mean she's just i feel like she's just gonna make it bad on herself um i worse on herself however you want to put it um i've never seen anything like this before um why hasn't she been arrested yet she's also she's not in fulton county and the county where she resides i guess they want a sentencing order that she is now a fugitive i think it makes it a difference between having a warrant for your arrest because you had a failure to appear versus that you are a convicted felon and now a fugitive and on your way to state property so she would if they proceed with this particular situation today if they proceed with the sentencing sign all of the papers she is now a convicted felon and also a fugitive so i think it makes just a difference um into maybe like will said prioritizing the county where she lives to go and pick her up girl she wants all the smoke girl they've been in contact with the county and they want a sentencing order they they also probably don't want to get involved in the since she's not you know technically convicted she did give a guilty plea but without the paperwork being signed you know can you believe it beautifully made i think we can all believe it because she's she's with the shits she's certified with the shits can you believe it she had a sweetheart deal hi boo um who got here first let's see you guys baby can you believe this [00:09:21] Speaker ?: can you believe this [00:09:21] Speaker 1: can you believe this kiancé kiancé kiancé integrity matters and me oh my god i'm a gang star today you guys one two three first what y'all i am a whole gang star today okay y'all get into it okay let's give honorable mention who came in after me baby two tam tam okay okay two tam tam girl honorable mention okay um they said hey somebody else to do it well it's not their jurisdiction you know what i mean like they're going into someone else's county to apprehend somebody um now to me if they have a sentencing order they might be able to get state police over there or i don't know what do you call um state they probably could get state police over there because now she will be a convicted felon of the state of georgia and she is wanted for georgia state property so it could there's multi um there would be multi agencies who could go pick her up um [00:10:40] Speaker 3: friend you're the head gang star i'm the head gangster oh my god you guys i pray he gives her the full [00:10:49] Speaker 1: 15 i i do too we just don't want him to do anything that's going to be appealable i don't know if she waived her right to appeal hey brown wife hey boo hey make beauty um listen so look kayla this is what what i this is what i think okay this is what i think i i'm gonna just say i bet your bottom dollar that kayla's gonna get in trouble again and again and this is just baby this is her this is her time to shine okay all of her nefarious shenanigans people are not being quiet the internet is getting together and i don't think she can do seven years i don't think she could do five years and do 10 years with her hands clean you know how some people are just with the shits they're not they're not it's not on them it's in them okay it's giving it's in you not on you okay that's what it's giving okay and if it's not my bad my bad i'm just i'm just giving my opinion at this moment all right that's it that's all okay i'm just i'm just calls it out as i sees it you know what i mean all right let's let's let's get over here hold on we'll see what mcburnie got going on here [00:12:24] Speaker 2: i'm here um but i got a couple things i need to do with a couple people here and i have an adoption at two o'clock it'll be short i do that back in chambers you'll be happy and then i'll sadly see [00:12:36] Speaker 4: you all again okay so 2 15. 2 15 you guys you can stay right here i'm just gonna mute things [00:12:49] Speaker 1: oh mcburnie were you muting it for we want to hear the courtroom sir oh okay he has an adoption at two o'clock and he said he'll be back in at 2 15. if paul ding pulled her over for a traffic offense and saw she had a warrant they would pull her in immediately absolutely they they would but when you have a fugitive warrant that's a whole nother thing um if they don't need to see her after they sign this paperwork and they don't need to see her anymore in fulton county they'll call the state to come get her ass girls wouldn't has time today girl yes really how does the chat know the chat was in the chat no somebody knows kayla in the chat period it's this is obvi it's obvious you know i'm saying like who how would anybody know is her mom in the chat is bestie in the chat and don't look no matter what is going on in the chat let's not underestimate entering fuckery into the mix so people can go run with stories at the end of the day sis wanted in georgia she could be in damn uh damn cancun if she wants to be sis still wanted okay that's what i say if she's in florida good for her okay good for you sis that just further explains that you're not incapacitated you're not catatonic you're not all the things okay get your son in fun go do your everything maintenance get yourself together take out your weave go ahead and take off you know take off anything get your everything maintenance done and get yourself ready because it's not gonna be cute by the time they get you in and out baby it's not gonna be cute girl why would you run for a five-year bid baby that's a good question maybe if we can get her on the show maybe maybe if we can get her on the show she shut down all her social media didn't they say she's doing her twitter does anyone know i feel like i've got her let me look on my twitter twitter has everyone ate lunch yet what's going on what's girl what's going on for lunch y'all who's hungry did y'all eat yet baby girl she could have been a month in by now okay well they had a doctor on let me see if i can find it since we're here hold on let me see if i can find when will had the doctor in the zoom y'all i'm trying to remember what happened earlier okay when he was calling the docket does anybody remember who are you doing does anyone remember earlier when he let that person go off zoom because he said kayla wasn't here [00:16:39] Speaker 5: it is ready to proceed because you feel and there's a courtroom you said problem eight the number but [00:16:51] Speaker 2: initial reaction miss williams all related in some way yes okay so they're all here um sure okay well why don't you before you guys come up why don't you i i i good to see you sorry to see you dressed like that tall though any questions would you like um thousand dollars to mr cataldo that's the victim well let me ask mr cano a few questions and we'll see if you need in court who thought they had a case and didn't hear that case call oh okay we got good yes in court who thought they had someone shows up for that [00:17:40] Speaker 1: you know i wish gemini would let me search right now and it had to be before a certain time because i ended up dropping off [00:17:59] Speaker 2: uh let's see day was entered face wood because possibly imprisoned given court this shoplifting charge he'll set this down okay we heard him call the docket gordon said everybody was there so we are on for the 414 notice here mr king proceed to clients right to sense that we're in at trump enough um tried to schedule it um um them testify i'd be here to testify in court so that my client can confront y'all here basically but i'm i know i'm like [00:19:08] Speaker ?: Thank you. [00:19:38] Speaker 6: Portia, hush. [00:19:43] Speaker 1: Okay. So just if you're just now coming in, we're waiting for Kayla's lawyer and Will Wooten. Judge McBurney had something until he said 2.15. He had to handle a adoption at 2 o'clock. He said he'll be back in at 2.15. So I'm trying to find this morning where he mentioned Kayla because he had, subpoenaed somebody who was on Zoom and he let that person go off Zoom and I just can't seem to find it. I know I was on the live for a period of time and then I dropped off and did another live on my other channel, came back. [00:20:27] Speaker 3: And I don't know where it is, but he was on the Zoom. And I don't know where it is, but I don't know where it is, but I don't know where it is, but I don't know where it is. [00:20:38] Speaker ?: And I don't know where it is, but I don't know where it is, but I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. [00:21:02] Speaker 1: Now, there's someone whose lawyer came in earlier and said that he was here for Ms. Dinkins and that she was in... [00:21:32] Speaker ?: I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. [00:23:03] Speaker 1: I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. [00:23:10] Speaker ?: I don't know where it is. [00:23:11] Speaker 1: I don't know where it is. I don't know where it is. I don't know where it is. [00:23:14] Speaker ?: I don't know where it is. I don't know where it is. [00:23:16] Speaker 6: I don't know where it is. I don't know where it is. [00:23:18] Speaker ?: I don't know where it is. I don't know where it is. I don't know where it is. [00:23:21] Speaker 6: I don't know where it is. [00:23:22] Speaker ?: I don't know where it is. I don't know where it is. [00:23:32] Speaker 1: I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. [00:24:02] Speaker ?: I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. [00:24:06] Speaker 3: I don't know where it is. I don't know where it is. [00:24:08] Speaker ?: I don't know where it is. I don't know where it is. [00:24:10] Speaker 3: I don't know where it is. I don't know where it is. I don't know where it is. [00:24:13] Speaker ?: I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. I don't know where it is. [00:24:18] Speaker 6: I don't know where it is. I don't know where it is. [00:24:20] Speaker ?: I don't know where it is. I don't know where it is. [00:24:22] Speaker 1: I don't know where it is. So it is on silent. And there is Will talking to Bill Ansell. And that is it. I heard you moving around. Yeah. Oh, okay. There is nothing going on. All right. Girl, I wouldn't want them. I wouldn't want anybody with blue lights. Any of those official cars. I would, you know, I've already told you. I would have, I would have turned myself in, in a cute track suit. Something generic that I wouldn't care. You know, something that I would want to be able to wear when I pick me up. I hope they use body camera. Girl. Girl. She didn't want to. Girl. Let me, let me, girl. Let me tell you. I'm not going to. Let's not talk. We look. This is a situation. If we can't tell our left hand what our right hand is doing. It's at about the eight minute mark. Thank you, hun. In members only. But do you remember what was going on? Okay. Let me look in members only and then I'll find it. And then I can. Okay. Thank you to our beautiful Florida T-bird. Thank you, boo. Okay. In members only this morning. Okay. Yeah. Yeah. We have been literally live all day. Oh, Lambo and Porsche are chiming in now. [00:25:54] Speaker ?: Okay. [00:25:55] Speaker 1: Okay. Girl. [00:25:57] Speaker ?: Baby. [00:25:58] Speaker 1: I need to go get a bottle of water. All right. Let me, let me find what we're looking for here. Lamb. Lamb. [00:26:30] Speaker ?: Okay. [00:26:31] Speaker 1: Okay. [00:26:32] Speaker ?: Lamb. Don't do that. Okay. [00:26:35] Speaker 1: Um, you guys hold on. Let me run will back telling I'll run this little bit back again. So just in case you're just coming in, what's going on? Why is this taking so long? Number one, McBurney will be back at two 15. Okay. That's number one. McBurney will be back at two 15 and this is what's currently going on. So. [00:27:04] Speaker 5: Mr. Ford. [00:27:08] Speaker 1: Okay. Hold on. Let me go let my dogs out and I'll be back. [00:27:12] Speaker 4: I think where we're at is I think both sides are asking if the court would just proceed with the motion today. The motion, the motion, the motion that we had filed, I guess, last week to go ahead and proceed with re-sentencing or consider re-sentencing and then proceed in absentia with it and did not make herself available for court, which it appears she hasn't. Um, and I could make some additional representations if the court wanted me to, but I think both sides are asking to just go ahead and resolve this today. [00:27:44] Speaker 2: Okay. Um, we could do that. We're going to take that other plea first, because that was on the calendar. All I was going to do today in the FYI category was take Ms. Brown into custody. And then we would do whatever re-sentencing or sentencing looked like at a later date. Um, but she's not here. Um, she is very arrestable. Um, I'm a little confused as to how that hasn't happened yet. Um, I don't think her location is a mystery, but, um, people have lots of priorities. And, and taking her into custody is not one of them, apparently. [00:28:20] Speaker 4: And I can say part of the judge is that we've reached out to Alden County and they, I guess, can't prioritize the arrest unless they have a sentencing order that shows that she's a felon. That's what I, I don't know all the details, but. Okay. For status. [00:28:35] Speaker 2: Would move it up the, the list. Okay. Well, that may be what we need to do. Um, but what I'd like to do then is, um, handle this scheduled plea. Um, and then we can think about whether we're going to do the, um, sentence modification. I'm very open to the concept. I don't know that I'm open to the timing. Um, but we'll figure that out. [00:29:00] Speaker ?: Okay. All right. [00:29:02] Speaker 5: If we could please bring Mr. Smith out. [00:29:05] Speaker ?: Hi. Hello. You'll. [00:29:08] Speaker 7: You'll catch. Okay. [00:29:10] Speaker ?: Um, yes. [00:29:11] Speaker 7: Number eight. And your honor. I appreciate you taking us before, uh, we're taking a break. Well, I'm gonna take a break after we take this plea. Um, yes. Number eight. [00:29:20] Speaker 2: And your honor, I appreciate you taking us before, uh, we're taking a break. [00:29:23] Speaker 8: Well, I'm gonna take a break after we take this plea. [00:29:28] Speaker 2: Chat with a few people here and get them on their way. And let's see. Oh, Mr. Smith. Hello. [00:29:34] Speaker ?: Hey. [00:29:35] Speaker 2: All right. [00:29:36] Speaker 6: Ms. Watson. [00:29:37] Speaker 9: You still with us? [00:29:38] Speaker 6: And I'll spend a long morning. [00:29:39] Speaker ?: And I assume you would have clamored if you needed a break. Yeah, I'm good still. Okay. Good. [00:29:44] Speaker 2: So this is position eight on our revocation calendar state versus Thomas Smith. 25 SC 006 526 Mr. Smith, you're charged with one kind of aggravated stalking. You and I have had a number of conversations about options. One of which was accountability courts. Um, this was when Ms. Kim, um, uh, I think was one of the lawyers in the mix. Um, but we're gonna, I think, go forward with a plea now. Is that your understanding? Yes, sir. Okay. Counsel, if you could state your name for the court reporter. [00:30:34] Speaker 8: Uh, yes, your honor. Carlos Mucha. M-U-C-H-A. Um, and I, I work with Ms. Kim. She's, uh, still his counsel as well. Uh, my understanding is it's a first offender plea, and then he'll be in accountability court. Okay. [00:30:47] Speaker 2: Well, let's work our way through it. See if that how it play, if that's how it plays out. Um, Ms. Nix is gonna put you under oath, Mr. Smith, and ask you questions about your case and your rights. Please listen to her carefully and answer carefully. If at any time you've got a question, I need you to let Mr. Mucha or me know that. Will you do that? Yes, sir. Okay. Ms. Nix. [00:31:09] Speaker 10: Judge, uh, Mr. Smith, please raise your right hand. Do you swear or affirm that any statements or testimony that you shall give in the matter currently before this court shall be the truth, the whole truth, nothing but the truth? I do. Can you put your hand down? Please state your true, correct, and legal name. [00:31:26] Speaker 9: Thomas Clifford Smith. [00:31:28] Speaker 10: Are you at this time taking or under the influence of any medicine, drugs, or alcohol? No. Is there a medication that you normally take that you have not taken or been given today? [00:31:39] Speaker ?: No. [00:31:40] Speaker 9: Uh, well, I didn't get my insulin this morning, but that's it. Insulin is the only medication you're taking at the jail. That I didn't. That was what I didn't get this morning. [00:31:51] Speaker 2: Got it. There was, there were some medicines you took this morning. Yes. And tell me for what do you take those medicines? What do they help with? [00:31:59] Speaker 9: I took, uh, 10 milligrams. [00:32:01] Speaker 2: You don't need to name the medicine because those are hard to spell. Okay. I need to know for what. I take it because I have headaches. I take it because I have a broken wrist. [00:32:09] Speaker 9: Oh, one is an antidepressant and one is a mood stabilizer. [00:32:12] Speaker 2: Okay. And you got both your mood stabilizer and your antidepressant this morning. Yes, sir. When you take those, do they make you woozy or drowsy or feel out of sorts? No. [00:32:22] Speaker ?: No. [00:32:23] Speaker 9: Thank you. [00:32:24] Speaker 10: How old are you, Mr. Smith? 41. How far have you gone in school? [00:32:30] Speaker 9: Uh, I have a four year degree. [00:32:33] Speaker 10: Is English your native or dominant language? [00:32:36] Speaker 9: Yes. [00:32:37] Speaker 10: Do you understand that you've been charged with the following offense? Aggravated stalking? [00:32:41] Speaker 9: Yes. [00:32:42] Speaker 10: Do you understand that you have the right to plead either guilty or not guilty to this charge? [00:32:47] Speaker 4: Yes. [00:32:48] Speaker 10: Do you understand that if you plead not guilty or remain silent and refuse to enter any plea at all, then the state is required to prove the charge against you at a jury trial? [00:32:56] Speaker 4: Yes. [00:32:57] Speaker 10: Have you had the opportunity to review your rights with your attorney? Yes. Have you had enough time to speak with your attorney about all of the charges in this indictment against you, including the facts and circumstances relating to each charge? [00:33:10] Speaker 9: Yes. [00:33:11] Speaker 10: Do you need more time to discuss the case with your lawyer, Mr. Mucha? [00:33:15] Speaker 9: No. No. [00:33:17] Speaker 10: Are you satisfied with his services? [00:33:19] Speaker 9: Yes. [00:33:20] Speaker 10: Mr. Mucha, do you waive a formal reading of the indictment for purposes of the plea? [00:33:24] Speaker 8: I do. [00:33:25] Speaker 10: Yes. And do you waive any and all defects in the indictment for purposes of the plea? [00:33:29] Speaker 8: I do. [00:33:30] Speaker ?: Yes. [00:33:31] Speaker 10: Mr. Smith, do you remember having been arrested on this charge? [00:33:35] Speaker 9: Yes. [00:33:36] Speaker 10: Yes. Has your attorney advised you of the minimum and maximum sentence for each charge to which you're pleading guilty today? [00:33:42] Speaker 9: Yes, I'm aware of them. [00:33:45] Speaker 10: You understand that today you're entering a negotiated plea of guilty, which means that the state will recommend the following sentence to the court. State recommends a five year sentence with the conditions, I'm sorry, probated sentence with the conditions that you complete drug court and have no contact with Marlena Smith. [00:34:06] Speaker ?: Yes. Does that mean this this? [00:34:07] Speaker 9: Well, they share a child. So there's for. To compare it to. Between for the period of five years or for the period of this civil of this, the no contact order. That's the confusion that I have the period of so it would know you go ahead. [00:34:30] Speaker 2: What are you recommending? [00:34:31] Speaker 10: I'm recommending for the period is on probation. They have no contact with Marlene, right? [00:34:35] Speaker 2: That typically a condition of probation is co extensive. It lasts as long as your probation. If your probation injury, that condition ends early. But it would be at most five years of no contact with Miss Smith. Now, we may need to define what no contact means. If you have a child together and you are going to engage in co parenting and you're authorized to engage in co parenting, either you would need to have contact with Miss Smith, or we need to designate who the third party is who coordinates that who is the go between. So you would call Stan Smith and Stan Smith would call Marlene Smith, saying, hey, it's time for Thomas to pick up the boy or a girl. A girl. A girl and pick up the daughter at this place at this time. But we'll we'll work through that. [00:35:26] Speaker 8: I guess as long as the probation officer, you know, has the authority that they can designate someone. [00:35:30] Speaker 2: No, we would be working through that now. We would not leave it open. So we'll we'll talk about it. [00:35:36] Speaker ?: Yeah. [00:35:40] Speaker 2: Keep going. [00:35:41] Speaker 10: Do you understand that the court is not required to accept the state's recommended sentence? [00:35:45] Speaker 2: Yes. [00:35:46] Speaker 10: Do you understand that the court has the right to sentence you to the maximum possible sentence on this charge? Yes. I think we're still a final please posture. Is that right? I believe so. Do you understand that if the court decides to order a sentence that differs from the negotiated plea you were expecting today, you have the right to withdraw your plea of guilty? Yes. Are you currently on probation or parole anywhere? No. Do you understand that if you are placed on probation of any kind, you cannot violate any criminal laws of any governmental unit? Yes. Do you understand that while you're on probation, you must follow all the special conditions of your probation? [00:36:23] Speaker 4: Yes. [00:36:24] Speaker 10: Do you understand that if you fail to follow all the special conditions of your probation, then you'll be subject to revocation of that probation for the balance of your sentence? [00:36:32] Speaker 4: Yes. [00:36:33] Speaker 10: Do you understand that you are not allowed to possess or use a firearm while on probation? [00:36:37] Speaker 4: Yes. [00:36:38] Speaker 10: Are you a United States citizen? Yes. Do you understand that by pleading guilty to a felony, you may not receive, possess or transport a firearm? Yes. Do you understand that doing so could result in new criminal charges for which you face a sentence of up to five years? Yes. Do you understand that by pleading guilty to a felony, you also may not use a firearm in a crime in the future? Yes. Do you understand that if you were in the future to use a firearm during the commission of a crime, you would face a 15-year custodial sentence consecutive to the sentence for the underlying crime? Yes. Are you asking to be treated as a first offender under the provisions of the First Offender Act? Yes. Have you ever pled guilty or nolo contendere to a felony in the state of Georgia? [00:37:25] Speaker 9: No. [00:37:26] Speaker 10: Have you ever pled guilty to a felony in any other jurisdiction? [00:37:29] Speaker 9: No. [00:37:30] Speaker 10: Have you ever been sentenced for any crime, felony, or misdemeanor under the First Offender Act? No. Has your lawyer explained the First Offender Act to you? Yes. Do you understand that if you violate the terms of your first offender sentence or commit a new offense while on first offender probation, your first offender status could be revoked? Yes. This means that you could be adjudicated guilty and resentenced up to the maximum sentence for each charge in this indictment? [00:37:57] Speaker 9: Yes. [00:37:58] Speaker 10: Do you understand that by entering a plea of guilty today, you are waiving any and all defenses, including any mental health defenses? [00:38:05] Speaker 4: Yes. [00:38:06] Speaker 10: Do you understand that by pleading guilty, you are giving up the following rights? The right to a trial by jury, to remain silent, to confront witnesses against you, to the assistance of counsel, to the presumption of innocence, and the right to appeal if convicted of these charges at trial? Yes. Is it your decision to waive these rights and enter a guilty plea today? [00:38:26] Speaker 4: Yes. [00:38:27] Speaker 10: Has anyone forced, threatened, or promised you anything to get you to enter a guilty plea? No. Is it your decision to enter a guilty plea because you are, in fact, guilty? Yes. How do you plead to the charge of aggravated stalking in indictment number 25 SC 006526? Guilty. Is this guilty plea freely and voluntarily given, with full knowledge of the charges against you? Yes. Do you understand that if you believe there is some error in your guilty plea, you can apply to the appropriate appellate court to request a discretionary appeal? Yes. Outlined in OCGA 5-6-35 within 30 days of today? [00:39:08] Speaker 9: Yes. [00:39:09] Speaker 10: Do you understand that if you wish to challenge the voluntariness of your guilty plea, you must do so by filing a habeas corpus petition, and you only have four years from today to do so? Yes. [00:39:19] Speaker 4: Yes. [00:39:20] Speaker ?: Yes. Yes. [00:39:22] Speaker 10: Had this case gone to trial, the state would expect the evidence to show that between the days of September 18th and September 24th, 2025, the defendant did contact Marlena Smith, that's M-A-R-L-E-N-A, Smith, common spelling, without the consent of Ms. Smith for the purpose of harassing and intimidating Ms. Smith in violation of a temporary protective order, which prohibited such behavior by Thomas Smith, and this occurred in Fulton County. The defendant does not have any criminal history and is eligible for first offender. All right. [00:40:03] Speaker 2: And have you spoken recently with Ms. Smith or someone in your office? [00:40:11] Speaker 10: We have. I spoke with her a few months ago, and she is on board with the defendant going to accountability court. She does want no contact with him and wants him to have no firearms. And I did tell her that she that he was eligible for accountability court, and that that's what we would offer. That probation has a standard condition of no firearms, and that I would definitely make no contact a a condition of his probation. [00:40:43] Speaker 2: Did she relay anything about who has custody of the daughter? [00:40:49] Speaker 10: She has custody of the daughter, and I do not know if I asked her. I do not have notes about whether they have a visitation order. Okay. [00:41:03] Speaker 5: All right. Ms. Smith, man, do you have anything that differs in terms of criminal history? It's sounding like Mr. Smith is eligible for first offender. [00:41:14] Speaker 7: She is, your honor. There's just two prior arrests, not including the one before you won. Misdemeanor conviction, 2010, Cherokee County Sheriff's Office DUI. Nothing further, your honor. [00:41:27] Speaker 5: Okay. Thank you so much for your help today. You are good to go. [00:41:30] Speaker 7: I did. [00:41:31] Speaker 10: One more thing. The daughter was included on the TPO that led to this case. [00:41:36] Speaker 2: The daughter was. So it was no contact with mother or daughter. Correct. Okay. All right. Yeah. [00:41:44] Speaker 8: I guess the order said that no contact, but not within 200 yards. He's relating to me what the TPO says. [00:41:56] Speaker 10: That's what I have in my notes. I'm pulling up the TPO to confirm. [00:42:00] Speaker 8: Right. And there has not been a visitation order issued for custody of the child. [00:42:05] Speaker 9: So I, she has a one year temporary custody on the, based on the TPO. But what, what I was curious about was if, can I just speak openly? [00:42:17] Speaker 5: Please. [00:42:18] Speaker 9: Basically. I was. How old's your daughter? She's six years old. Okay. Right. And, um, you know, I, uh, I'm not the same person that I was nine months ago. I've had a lot of time to think about what's important to me. Uh, and first I'd like to, you know, I, I want to take accountability for my actions. I am fully aware of the negative consequences that I have had on my wife and daughter. And, um, you know, that weighs on me significantly. Um, I have remorse for those, uh, for my actions. And, um, I understand, you know, what I did. And, but I just, I don't understand what's going to happen as far as me getting to see my daughter because she's innocent and all of this. [00:43:16] Speaker 2: Like, so the answer is, um, let events unfold a little bit longer. Um, what I'm going to do is when we go forward with the plea is set some basic conditions to your sentence. And I'm happy to modify them. If drug court's going well, you have a 50, 50 chance to be in drug court with me. They're two drug court judges. Um, it may be you're with me. You could be with judge Krauss, but if you're with judge Krauss, she can let me know how things are going. It is not at all uncommon to have drug court participants after they get a few months of proven sobriety under their belt and, and, and strong performance in drug court to say, hey, could I address a condition of my sentence? I want to be able to, um, be around my spouse or my child or whatnot. And that's one of those, let's see how you're doing. Um, and that would involve the state reaching out to your wife and saying, hey, um, things are a little different. Mr. Smith would like to have access to the kid or, or the, your daughter. Um, you also have that one year clock that is almost over. Um, if it was a year back then, um, you can see we're, we're in June. And so, um, it will be up soon. And so those are all important subjects to discuss today. Isn't the day we resolve them. In fact, today would be if, if we go forward with the plea would be, all right, next up is getting you into drug court. And getting a couple months of good sober performance in drug court. And then it's natural to say, well, you know what? I'm a, I'm going to start working again. Um, how do I reintegrate into the life I had? And your wife gets to exercise her decision about whether your life going forward involves her, your daughter, as long as it's safe. And it's in the best interest of the child. And it typically is because she's six, she's not six months. So you were present in her life for years. What would be in her best interest would be to be able to spend time with you, assuming you are functioning and not doing something scary. Um, so you earn that, um, and you may well earn it quickly through a few months in drug court. Um, but we'll assess that a little bit later. Um, I think it would be premature to say, great at the three month mark, you get six hours a weekend with your daughter. And then this and that we're also not the parenting experts in drug court or right here. Um, there'd be someone who would assess what's, what's in the best interest of your daughter. And, um, we would marry that up with, how are you doing in drug court? That's the part you control. And if you're doing well there, um, then you present the best face to that situation. Does that make sense? Yeah. [00:45:50] Speaker 9: So basically what I was trying to clarify was that sort of like when the, when the no contact order expires, this, uh, stipulation kind of takes over and can be revisited through the ongoing. Uh, my progress through the, the drug court. Correct. Exactly. Right. And I just, and finally, I just want to say that, um, you know, I apologize to everyone who was involved in this case. Um, especially my wife and daughter. Okay. Well, I appreciate the chance to, uh, redeem. You know what? I'm not mad at him right now wisely. Thank you. All right. [00:46:32] Speaker 1: All right. Look, at least he's trying to redeem himself. Cause girl, we've seen, we've seen a lot of foolishness, right? At least he apologized. [00:46:39] Speaker 2: That was pretty well spoken, Mr. Mucha. Anything you want to add? [00:46:43] Speaker 8: Okay. Uh, coming out of, uh, into the drug court program. He's, he's been in custody a while, but he doesn't have any funds. I would just ask if you do a probation fees for at least, uh, the first few months. Um, and I'd like to seal the, uh, arrest record, if not right away at some point. So when he's seeking employment, the arrest doesn't show on there. Sure. So couple. [00:47:08] Speaker 1: I mean, the fact that you got to get a TPO from your wife for a year, your behavior must have been really scary. Like if he was on drugs real bad, he could have been stealing from the home, squandering his check, you know what I'm saying? And you got to spend a lot of time. Cause you know, a lot of, you know, I hate to say it. I've look, I've, I don't know. I don't hate to say this women. I don't care if you have, your husband is the best earner. You should always be figuring, you should always have some means of earning a buck. Um, whether you are working full-time part-time, you have a hustle, you make things, you're a consultant, you work a few times a year. Um, it is important. No matter if you're a housewife or whatever, you've got to have your own money. You just have to, because if things go in a different direction, baby, not having any money is a terrible place to be. Okay. Okay. So, um, do you, if this guy was squandering, losing jobs, he was, he was a crackhead. I mean, if he's going to drug court, we don't know what the fuck this guy was doing, but for his wife to have a TPO. Do you imagine your husband all of a sudden takes a left turn and he's not bringing home his check bills are not being paid. Rent has to be paid and you have to spend the next year getting everything back on track. Um, you know what I'm saying? Like that's a decision. This lady's going to have to make. We're not all into that. But at the end of the day, um, for her to have a one year stay away order is that's got to be pretty serious for the state to get involved with a married couple to stay away. He must've been acting really scary and doing all kinds of horrible things. It's good to hear that he's apologizing and hopefully he's sincere about it. Cause we don't hear that a lot. When we watch these court proceedings, somebody actually like apologizing and acting like they're really engaged in the process of understanding how to get their rights back, um, or privileges. Cause it is a privilege to have a wife. Okay. It, so, um, that's, you know, it's good to hear things on that front. [00:49:23] Speaker 2: One, um, there are no probation supervision fees while he's in drug court. His probation will be on administrative status. He won't be reporting to probation. There are drug court fees, but those are pay as you are able. Um, and are waivable, um, until people are, are working. [00:49:39] Speaker 8: I know that's something that he'll need to go into. Uh, all right, let's see. [00:49:46] Speaker 1: Are you saying McBurnie's back? Hold on. [00:49:49] Speaker ?: All right. [00:49:50] Speaker 1: If you guys want to see the rest of this, it's over at McBurnie's, but I feel like, okay. Let's see. Are you saying McBurnie's back? [00:50:01] Speaker 9: Uh, family violence, innervation, um, kind of like, it's like going to a DUI school. [00:50:06] Speaker 8: I'm second for Ms. Kim. That's through the TPO. That's not a part of the Senate. I thought that the FIP was part of the Senate. I apologize. I think he's been in custody. I didn't hear, um, Ms. Nix recommend that. [00:50:15] Speaker 2: Are you talking about this guy showing up to court? Counseling he can get through drug court as well. Okay. All right. All right. [00:50:22] Speaker 1: Thank you, Your Honor. All right. [00:50:24] Speaker 2: Let's get to present day. Make a record of, um, how he's waving her presence for. [00:50:29] Speaker ?: All right. Will Wooten. Fulton County zone. Okay. Will Wooten. [00:50:30] Speaker 3: Fulton County zone. [00:50:31] Speaker ?: Okay. All right. Um, we are back. [00:50:33] Speaker 2: Will Wooten. Fulton County zone. Okay. All right. We are back. Ms. Watson, is still here. So tell me what you're envisioning doing. I did the adoption. I have a civil matter that's supposed to start in 10 minutes, but it can wait a little bit. I'm noticing a long list on Zoom, and that's not what we're doing today. Sure. [00:51:22] Speaker 4: Jeff, what I thought, so we filed a motion on the 20, one day early last meeting. It was to not, basically, to withhold entering a written sentencing order so that the court would be able to modify if the court felt that was the perfect thing to do. And then our whole nice side was issued that day setting that motion down for a hearing from today. So I thought we were going to hear, we're actually going to have the hearing on that motion. [00:51:49] Speaker 2: Okay. I thought we were just going to encourage Ms. Brown to show up. That was the, I mean, that's, I don't know that I had issued a bench warrant so much as I revoke bond, but now I can issue a bench warrant. I was just trying to create a more complete bench warrant out there. Um, but it doesn't mean we can't talk about it. Although Mr. Ford would need to make a record of, um, how he's waving her presence for that. And so I'm sure he's capable [00:52:19] Speaker 4: of doing, but I put in that motion, judge, a paragraph or two about that and found a relevant case, not the exact same situation, but related to sentencing where a defendant didn't appear. It was a restitution hearing, but the court assumed, I think language was assumed without determining that restitution is a critical proceeding, um, in the prosecution. And so part of why I asked for the rule of my side is in that case, the court of appeals found that the truck was authorized to proceed in absentia because there was a rule of my side that was issued, defense counsel had been served, defense counsel had notified the client and they just didn't show up. And so that's how I envisioned it. I think that the court does have the authority to proceed. Um, and given that we're not gonna have your honor much longer. I thought it might make sense to just go ahead and get this wrapped up while you're still here with us and not in family court. [00:53:13] Speaker 2: Okay. So two things. One, um, did you file it under the old indictment number? I'm not It's under the 25SC 002906. That one. Okay. What's the 536? Oh, that's an even older case. Nevermind. I was just, I had to look her up by name because I didn't have the case number, but now I've got it. Okay. It's the second most recent file and then the rule of my side is the most recent file. Yes, I see it. Actually, a subpoena is the most, most recent. Yes. Okay. Um, All right. Uh, so that was one number two. Um, I'm keeping this case, um, for sentencing purposes, not only for Ms. Brown, but also, um, for, um, her mother. Um, so even though, uh, I think it applies to still say McBurney on it, but even if it says L or B, judge L Judge, Judge Ellaby and I are meeting on Wednesday to talk about the few things I'm holding on to, and the things, everything else is going to hurt. Interesting. So, um, there's not that pressure. Um, but, uh, I'm happy to hear you out if you want us to get on the record. [00:54:32] Speaker ?: Yeah. [00:54:33] Speaker 4: And I guess really with that pressure, not being there, I would still like to proceed just because the victims, we've done this so many times and at some point we've got to just proceed. I think it's the state's position. And then also, like I mentioned, um, before the break that Paulden County is saying that without a written sentence order, they can't prioritize it. They've like many prioritized it, but they, they won't, my understanding is they will not bust a door down to get something to knock on the door. If the person doesn't answer, they just, without that. Without that. [00:55:07] Speaker 2: It's dramatic. [00:55:08] Speaker 4: All right. [00:55:09] Speaker 11: And I should probably make our own counsel. [00:55:13] Speaker 1: Did I not say that it can get increasingly more disrespectful, the more disrespectful? Um, so with, with being a fugitive, baby, they will bust your door down. Okay. With just a, with just a bench warrant, uh, they will knock on the door. She didn't answer it. Um, fugitive warrant. I think those are no knock. Those are, we're coming in. [00:55:42] Speaker 11: Uh, since we were speaking this morning, I've been made aware that Ms. Brown and her family are going to be seeking new counsel. Um, they're dissatisfied with my unwillingness to file a motion to modify relative to the her medical condition. And I've tried to explain that due process is predicated upon attendance. And that's fallen on deaf ears. Okay. Um, it is my understanding to the extent that I, uh, have been given access to my client that she is not able to come to court for reasons that have been made, um, attempt to be made self-aware by virtue of the. Email correspondence, the medical records, et cetera. But I have no more additional information for your honor or the state as to what her condition is other than what's been presented. [00:56:28] Speaker 2: Okay. [00:56:29] Speaker 11: Um, so my, I guess my position would be that her non-attendance is not voluntary, but due to her medical condition, she's bed bound, um, with the conditions that I've provided you. Acute encephalot, encephalot, encephalot. [00:56:44] Speaker 2: Okay. Um, well, let's get on the record in a second. This was all informal, but I want us to get on the record. [00:56:50] Speaker 1: Um, well, she has to retain counsel and counsel has to make an appearance. Then Ford has to put in to be released from the case. Okay. Um, well, because she asked for it doesn't necessarily mean that that has to be granted because there's nobody showing up to court right now saying, uh, hello, I have been retained by Miss Kayla. Uh, Brown, you are no longer here in the interest of my client and I've been retained, uh, et cetera, et cetera, et cetera. I'm so-and-so Esquire. Okay. Um, she's with the shits, baby. [00:57:39] Speaker 2: So you are, Mr. Wooten, um, more focused on, um, getting a sentencing document in place and less concerned based on your review of the case. law that it would be a fragile sentencing document because Ms. Brown is not here as you weigh the different. [00:58:03] Speaker 4: I feel that if, if we proceed today, if your owner enters a sentence in order, if she, you know, obtained new counsel and they decided to appeal, I think that it would hold up. Okay. Now with her potentially saying she wants new counsel, I don't know where that leads us. I guess that's. [00:58:22] Speaker 2: Well, it's not going from her. No, it's not in the docket. So I appreciate the alert, but, um, I would have to excuse Mr. Ford anyway, from relieve him from those responsibilities. And I didn't hear that happen yet. All right. [00:58:35] Speaker 1: So she's technically Kayla, if you're listening in the bushes, Ford is still your lawyer. And, you know, we're not going to tell you what to do, but at the end of the day, um, we're not, we're not giving, we're not helping. We don't help in 2026, but at the end of the day, he's still your lawyer. [00:58:53] Speaker 2: Oh, um, Ms. Watson. Um, we're going to get on the record. This will be our final matter. I appreciate you sticking with us. Um, and the case number is. 25 SC 002 906. It's state versus Kayla. K A Y L a. Brown. Standard spelling. Um, we have Mr. Wooten here for the state. Mr. Ford is Ms. Brown's attorney of record. Ms. Brown is not here of her own volition. Um, I appreciate that. Mr. Ford is going to get on the record in a moment that he thinks that there are, um, some medical or health reasons that prevent Ms. Brown from being here. You can make that record. Um, but I find that Ms. Brown was aware of today's proceedings. Um, and, um, was, uh, able to be here. Um, if that was a priority for her, but I understand that she's made a different decision. And so, Mr. Wooten, I'll start with you. You had filed the motion actually to withhold sentencing. Um, but now, um, I think already to press me to, um, enter a written final disposition. Um, so I just like to hear what you think the parameters are. You had recommended a 15 to serve seven balanced probated with a whole host of conditions that flowed out of, um, the Laffler Fry notice that had been filed. And we would import those, but it was, can't be a securities dealer. Restitution in significant amounts to all the people that we covered before. So we don't need to revisit that so much as, um, the top line, um, which would be, um, the duration of the sentence, the portion that is custodial and the portion that is probate. [01:00:43] Speaker 4: The state's recommendation is that it's still that 15 serve seven. I would just know for the record that there was at the initial plea hearing and the initial sentencing hearing, um, discussion of a cap that was agreed to. [01:00:56] Speaker ?: Um, I still believe, and I think for purposes of making sure that this doesn't come apart on appeal, that the court should stay within that 70 year cap. [01:00:56] Speaker 4: I think that, um, that Ms. Brown's volunteering is to enter the plea was dependent on that seven year cap. And so I just asked that the court, um, second search of the 15 years to serve seven balance on probation. I've laid out all the reasons in the written motion. So I don't think I need to rehash those on the record. The only other thing that I would point out is that there was some discussion at the time of sentencing about there was a $20,000 cash bond that was put up in this case prior case number. The state's recommendation was that we enter an order under that case number that distributes that restitution at a pro rata basis to all of the victims. When we were here back in, I believe 2024, when Ms. Brown was first arrested and the state recommended a cash bond, it was for that explicit purpose. So that later on it could apply to restitution, potentially in the future if she were convicted and that's where we are now. I know that the court had mentioned when we were here about a month ago, the possibility of having that money transferred to the defendant's mother, Ms. Jones. I've spoken with the victims about that. They're very much in opposition to that for reasons that I think speak for themselves. Um, but I have also very much in opposition to that given not only just the fact that we set up the bond in that way on purpose with that intent in mind, that it be distributed at the later date to the victims, but also just keeping in mind what has brought us here today that Ms. Jones, Trekela Jones has come into court, has made representations on behalf of Ms. Brown that I think are not supported by the documentation that we've seen. Um, and I asked that the court take that into consideration, not as punishment to Ms. Jones or Ms. Brown, well, or her kids or her kids. Um, but taking into consideration that representations that may have been made to the court, uh, that there are some issues with credibility as it relates to that. And also taking into consideration that at sentencing Ms. Brown represented that she had $60,000, we haven't seen that. Um, but I think that any concerns that the court may have about the children, there's already supposedly $60,000 set aside. We still think that should go to court restitution too, but the 20,000 was immediately within the court's control. And so we asked that that be distributed to the victims. [01:03:28] Speaker 2: Um, and how does one decide how to distribute 20,000 across all of it? I mean, some people will get a nickel. [01:03:39] Speaker 4: Sure. [01:03:40] Speaker 2: But that's more than zero. [01:03:41] Speaker 4: Sure. Sure. And I have, I don't, I haven't submitted anything before, but I kind of, in my own work product, created a worksheet that divides it up. And the court's correct that some people will get significantly more. [01:03:53] Speaker 2: I mean, as they should. I mean, we, we learned that there are people who are out five, six figures versus three, four figures. Um, and everyone is a victim there. But as long as you've got a mechanism where you would drop through restitution amount, and it would push out that you get 42 bucks, you get 420 bucks, you get 4,200 bucks. And then, um, I, I'm okay with that. [01:04:18] Speaker 4: And I, and I can submit that to the court. I also think that that doesn't, um, preclude the court from, obviously I'll get back to the court very quickly, but I don't think that includes the court from entering a sentencing order under this case number, because I think that would just be a separate court order under the prior case number. [01:04:33] Speaker 2: Okay. Okay. All right. Um, Mr. Ford, what would you like to get on the record in connection with Ms. Brown? Thank you. [01:04:40] Speaker 11: Thank you. Um, she is currently afflicted with acute encephalopathy, as well as conversion disorder per her doctor's report, uh, that was here earlier today. And that she is not here due to those medical conditions as opposed to politely choosing not to come to court. Um, it is my understanding that she has been back and forth and she's now back. She is not in the hospital. She is home, but she's under care, not of a 24 hour nurse, but she does have physical therapy and speech therapy, occupational therapy coming to her home. Uh, she has been made aware of today's appearance. I made her aware last week and it is her position that has her health condition. That's why she's not physically here. [01:05:31] Speaker 2: Okay. And you're very consistently represented that and done your best to share what's been provided to you, um, to the state and with me. So I appreciate not being kept in the dark, um, any more than you've been kept in the dark where you see a little bit of light. You share that little bit of light with us. Okay. Um, well, I find that it's appropriate to move forward, um, with a sentence modification hearing, given that Ms. Brown was aware of what's happening. She may be listening in right now. Hello, Ms. Brown. Um, and, uh, in light of the changed circumstances and what I'm going to describe as the fraud that never ends. Um, it's appropriate to, um, sentence Ms. Brown slightly differently than, um, had outlined at, um, the hearing we had, um, a few months back. Um, I need to see the indictment. [01:06:31] Speaker 3: Girl. [01:06:32] Speaker 2: So, Mr. Wooten, um, I don't remember the ranges your indictment conveniently places the allegations into five buckets. Um, there's the Rico violation that by taking securities, fraud, insurance, fraud, and identity fraud. I just need you to remind me of the sentencing ranges. Ms. Brown is charged in all 35 counts. So it's not going to be a complicated sentence. Oh, I shouldn't say that. Cause it'll be a lot of work for Ms. Nelson. But, um, to pronounce, I just need to make sure I'm not pronouncing an illegal sentence because a number is greater than the statute. Greater than the statutory range for the offenses. [01:07:30] Speaker 4: So judge that by taking counts vary because the amount. So I'll just go one at a time. But, uh, count one is five to 20 years. Counts two and three are both two to 20 years. Count four is one to 10 years. Count five, two to 20 years. Count six, seven, and eight are one to 10. Count nine is one to five. Counts 10, 11, and 12 are one to 10. Count 13 is two to 20. Count 14 is one to 10. And then counts 15 through 27. The securities broad counts are all one to five. Counts 28 through 33 insurance fraud are all two to 10. And then counts 34 and 35 identity fraud are count are one to 10 years. [01:08:27] Speaker ?: Count. [01:08:28] Speaker 5: All right. Got it. So, um, in light of. [01:08:33] Speaker 2: Of how Ms. Brown and, um, frankly, her mother, because that impacts the bond situation, um, have handled things. Um, I am going to sentence Ms. Brown on count one to 15 years to serve seven. Counts two and three are also 15 years to serve seven for. Counts three through eight are all seven to serve nine is five to serve 10 through 14 are seven to serve 15 through 27 are five to serve 28 through 35 are seven to serve all those run concurrently with each other. So the total sentence is 15 years to serve seven with a balance on probation. And there are a host of conditions of probation, special conditions of probation. And they are set forth in the states. Loeffler fry notice that I think you've got to Ms. Nelson in word format already. That was a project for you after our first sentencing hearing. [01:09:54] Speaker 4: I will send it again. Just to be just. [01:09:56] Speaker 2: Please do. And I'll incorporate those. They didn't elicit objections from the defense. The defense focus was understandably on time to serve. Mr. Ford, there had been a little bit of healthy back and forth about what is the restitution amount the figure set forth by the state, which I think was just north of 600,000. Um, and you at one point, um, we're describing, I think was more of the 400s. Um, and I just want to make sure if you are challenging it, which is your right. Um, that either since that time, Mr. Wooten has given you documentation that has caused you grudgingly to say, yes, it is north of 600. Or if, if we need to have a subsequent hearing on that, which wouldn't delay me entering a sentence, we would just, um, hold off on the restitution number. I'm going to start with Mr. Ford on that. Then I'll hear from Mr. Wooten. [01:10:48] Speaker 11: The attachment that I've seen with the restitution amount is 611,000, some change. And it adds up. [01:10:54] Speaker 4: Yes. Okay. And judge, I just add that at the, at the prior sentencing hearing, Ms. Brown did waive her right to a restitution hearing on the record. [01:11:02] Speaker 2: Okay. Well, that makes it easier too. Um, so that's the figure. Um, and, uh, we can work through what language would go into what kind of order, um, to deal with the bond and the money that was put up for the bond. But, um, I have, um, in light of how things have unfolded since our sentencing day, taken a different perspective on what should happen with that money. Um, and that it ought to be the beginning of a long road towards, um, restitution. Um, and so it would pass through that filter. Um, and you can decide whether what I need to do is enter an order that says $11 goes to this person and X, or if it all would go to. I really wouldn't go to the Department of community supervision because Ms. Brown won't be on probation for awhile. So think through how you want to structure that. Um, the sheriff is dispersing it to the individuals and they show up and say, I'm so-and-so where's my 50 bucks. [01:12:05] Speaker 4: I think judge what might be clean is, and we'll talk to the sheriff's office just to make sure. But as if the sheriff's office, sheriff's office remits it to the clerk and it goes into. [01:12:15] Speaker 1: Look, we can run it back in a minute, but no, Kayla didn't come. They're sentencing her with, you know, they're sentencing her period, um, outside of her presence. And she was notified of that, that that would happen a week ago. She called today. She tried to fire her lawyer over the phone, which she very well could have fired him. But at the end of the day, he was obligated to show up. Uh, there was a summons for all the lawyers to be there at 11 with Ms. Brown. She didn't show up. Um, so she is now officially sentenced. The difference between just having a bench warrant, he revoked her, he revoked her bond. Um, now she is technically going to be a fugitive. And I mean, I'm thinking she's a fugitive cause she's now a convicted felon. Once they sign this paper, she's a convicted felon. And it makes a difference between knocking on the door or kicking in a door. Um, by no means does anyone want her door kicked in, but that's the difference. I mean, they can go get her. Now if they know she's in the house, she's bed bound, baby, they're coming. They're coming. And if you don't open the door, they're going to knock it down and they're probably not going to pay to fix it. Okay. So it would behoove you to open these doors because the sentencing is now different. And when the county pulls up, they're going to pull up in a meaningful way and it's not going to be cute at all. Okay. McBurney also stated that he's keeping the case. Okay. That's what we learned. That's what we learned. We'll run this back in a minute just to get all the details. Um, for anybody, you know, we had to wait a little bit for this thing to get started, but we'll, we'll run it, run it back. Okay. The registry. Yes, yes, yes, yes. The sheriff is a hundred percent going to want that. Um, so, um, structure in order to that effect, obviously run it by, um, Mr. Ford. Um, but the money is the money. [01:13:59] Speaker 2: And so, um, it just, and also, yes, the, the bond will not be going to her mother. Which, you know what I'm saying? [01:14:07] Speaker ?: Like that's ma'am is a co-defendant. Even though she would be taking the grandkids, ma'am's a co-defendant. [01:14:07] Speaker 2: So I, you know what I'm saying? Like just on that for me, I, you know, look, court of public opinion, I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. [01:14:14] Speaker 1: I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I'm not going to be taking the grandkids. I would not be turning over the bond money to a co-defendant. That's number one. Number two, the bond money needs to go to the victims, right? So the bond money is not going to. And then she also picked up two more years playing around. [01:14:51] Speaker 2: He needs the chance to eyeball it before you send it to me. Absolutely. Anything else, Mr. Wooten? [01:14:59] Speaker 1: No, it was a seven year cap. It was 15 years to serve five, 10 on probation, and there was a seven year cap. So basically McBurney wouldn't have been able to sentence her to more than seven years anyway. So it was five to serve 10 on probation, 15 total. And what that actually means is, is that during that 10 years of probation, let's not forget that. During that 10 years, say she does her five years, right? She gets out. She's with the shits again. She starts breaking laws. She does another crime. Guess what? She's going to have these 10 years on top of whatever else she gets. So if she goes out and decides to drunk drive, decides to shoplift, decides to do another scam. She's going to have her new crime on top of the fact that you have a probation violation and more than likely a probation revocation. And you are going to have 10 years or whatever the balance is left to still do. So understand probation. You still have to make it on probation. Now she has seven years, actual committed time and eight years at the end of the day. It's better than nothing, but Kayla seems to be somewhat of a shysty type person. And I don't think she's going to make, she's, she's going to make it as difficult as possible. She might end up getting herself some more charges before she ever even gets to Fulton County. That's what it's giving that. She's going to pick up some cases before she ever even gets to the state of Georgia. Okay. Okay. [01:16:58] Speaker 3: Appeals court could have just missed it. She also has a gambling problem. Kayla cannot be trusted on behalf of the state. [01:17:14] Speaker 4: I do not believe so. [01:17:16] Speaker 2: No, judge. Mr. Ford, I appreciate your involvement in this chapter. I suspect there will be a short sub chapter in which you may not be involved. But you have done your client far more service than I think she is going to appreciate in a going forward basis. But I appreciate it. [01:17:37] Speaker 5: All right. [01:17:38] Speaker 2: Thank you, everyone. [01:17:39] Speaker 5: Thank you, judge. [01:17:43] Speaker 2: Ms. Watson, that is it for criminal today. The remainder of my day is civil stuff and those lawyers need to provide their own court reporter. So thank you so much for your time and sticking with us. [01:17:58] Speaker 5: Thank you. [01:17:59] Speaker 7: Have a good day, judge. You too. [01:18:01] Speaker 5: Bye-bye. [01:18:02] Speaker ?: Thank you. [01:18:03] Speaker 5: So thank you so much. [01:18:05] Speaker 1: I know he is happy to be done with this bull. Hold on. So what happened here and we'll see it on the docket. It'll be posted to the docket at some point. Okay, I'm trying to find. So when they got in, let's say 3:30, they had someone on the phone at a certain point. Let me see if I can find it real quick. [01:18:39] Speaker 2: Okoro, let's finish. What do you have left? [01:18:44] Speaker 3: 2:00, whatever order. Thank you, judge. [01:18:48] Speaker ?: All right. [01:18:48] Speaker 2: I'll be back in just a couple of minutes. [01:18:50] Speaker 3: Oh, thank you, judge. [01:18:55] Speaker 2: Please. Okoro, let's take a five-minute break. Anyone else thought they had a case today? [01:19:07] Speaker 3: Okay, this is when they, okay, I found her. [01:19:28] Speaker 11: Dr. Qureshi? [01:19:30] Speaker 2: Hey, thank you for being here. I appreciate you responding to the subpoena. We're not going to be able to go forward today with Ms. Brown's situation if she's not here. And it sounds like she's not going to be here. I don't mean to inconvenience you further by having you wait around. I appreciate you being as responsive as you were. I know you've got a host of other responsibilities. This is an important situation. And it may be that we circle back and need to get input from you about it, but I don't know that today we'll be able to because Ms. Brown is declining to accept my invitation to be here today. Thank you. Okay. Do you need to speak with a doctor at all, Mr. Wooten? Okay. Anything else for Mr. Ford? Okay. Thank you so much for being here. I appreciate your service. All right. Good. All right. Okay. [01:20:23] Speaker 1: So Dr. Qureshi, is that Dr. Qureshi right there walking out? Okay. Dr. Qureshi came in to talk about Kayla and she is not there. Ma'am is a trip. Okay. Okay. Then this happened. Uh, we just saw, let's see, where are we? They're sitting at their little tables. So we just watched this. So if you came in later, did Kayla come to court? No. Did her lawyer come to court? Yes. Did Kayla try to fire her lawyer today? She sure did, but she should have pulled that last week. When she got the summons or she got the, um, when she got the alert from her lawyer that she needed to be in court regardless, and they were going to proceed without her. She, I don't know if she was in contact with lawyers or not. Cause I don't know this woman, but at the end of the day, um, on today, according to her lawyer, she basically attempted to fire him. And that's just not how you do it boo boo. Because as long as he is your lawyer or your attorney of record, he's there to represent. He was summoned to be there and you paid him to be there on your behalf. Whether you paid him for today or not, it maybe was included in your retainer girl. We don't know. That's your business. At the end of the day, they proceeded without you. And now there is a sentencing document, which is stating that she is now a fugitive. She is a convicted felon and that she has been convicted by the state of Georgia on 35 felonies that she pled guilty to and that she was wanted in court. And she failed to appear not once, not twice, three times, three failure to appears. And now has been sentenced as a convicted felon. And, um, and that's it. That's all. [01:22:23] Speaker 2: Okay. I thought we were just going to encourage. All right. [01:22:27] Speaker 1: Let's listen to this one more time. And then I'm gonna let y'all go because baby, this is this lady. This lady does the absolute most. My Lord. [01:22:36] Speaker ?: Okay. [01:22:36] Speaker 1: Are we all on the same page right now? Does anyone have any questions? I mean, I'm watching just like you guys are, but at the end of the day, um, like I said, and I've been saying this for the past week. Yeah. SWAT can come now. Like if you don't say SWAT loves to put, you know, when you have a city or a county and they got all them little doodads, they got their little, um, they got their little armor truck. They got their new, they just got their new, um, their new vests in and they got, they want to, they want to, they want to practice a new technique or maneuver that they just learned at the offsite meeting. And they're like, you know, this is low level. This is a nonviolent offender. Let's just go ahead and serve this. No knock. Okay. But I did just do some research on bedridden, bedridden. Would I serve? Okay. Serving warrant on a bed bound individual in Georgia. Okay. Hold on a second, guys. Girl, you know, we got to, what did Gemini say? Okay. Um, serving a warrant on a bed bound individual. Cause according to Kayla, she's bed bound. She has acute encephalophy, which is water on the brain. That's, you know, if any of you have ever had encephalitis, um, he said something about acute encephalophy, which is some sort of swelling and, or, um, you know, you have a, uh, there's swelling, there's liquid, there's additional fluid. It could be causing headaches, all kinds of things like that. Um, it just really depends on what her condition is and what, what created this situation. Is she being treated for it? Is she being treated for it? All of those things. But it's interesting that we're just now hearing about this. And I don't know that the onset of that comes from what they say occurred that hospitalized her, but Hey, you know what I'm saying? Like, baby, we're just, we're just getting all these facts and we're just crunching them together. Um, but according to Gemini, serving a warrant on a bed bound individual in Georgia requires a coordinated process. Law enforcement will often serve a warrant at an individual's residence or the medical facility and then coordinate with the judge or the medical personnel to, for immediate transportation or remote bond hearing to secure. I saw a woman, remember the lady who killed her three kids in Boston, the white lady, the nurse, and she jumped out the second floor story of her house. And she was really messed up. Um, she was suffering from severe posts, uh, some severe, um, uh, some severe depression after having her postpartum depression. And, um, anyway, they had her in her bed on her bond hearing, which, and I think she was handcuffed to the bed, but anyway, um, so they will, or do a remote bond hearing to secure the proper care. Now, um, what they're also saying is that in the event that someone is bed bound in a residence, girl, they'll call the ambulance. They'll call the ambulance and they will transport you to a healthcare facility to get you to where you can be transferred to a state facility. Okay. Okay. What they, they say they got the hot, they have hospital. They have everything. They have everything. Okay. So they'll bring you to a hospital. They will figure out what your situation is and they will provide the appropriate accommodations. And more than likely also, if they have to transport you to jail, they you're more than likely you'll be in the nurse's office. They'll have you over at the nurse's office and not in a regular cell. Okay. She has hydrocephalus, acute hydrocephalus, uh, but called to fire her attorney. Oh my God. [01:26:52] Speaker ?: Could she miss piggy Braxton? What do you have to say? Most likely they were already on the corner of the subdivision while the court was in session, [01:26:58] Speaker 7: just awaiting for the order. Okay. [01:27:00] Speaker 1: Just awaiting for the order. Okay. Just awaiting for the order. Okay. [01:27:04] Speaker ?: Just awaiting. [01:27:05] Speaker 1: Girl, it's on some tick tock, tick tock, tick tock. You don't stop to the tick tock. Girl, why are you playing for the order? Why are you playing for the order? Why are you playing for the order? Oh my God. Oh my God. Could she, Miss Piggy Braxton, what do you have to say? Most likely they were already on the corner of the subdivision while the court was in session, just awaiting for the order. Okay. Just awaiting. Girl, it's on some tick tock, tick tock, tick tock. You don't stop to the tick tock. Girl, why are you playing with these people? And then furthermore, Judge, this is what, this is the T also dropped. Furthermore, Judge McBurney said, yeah, I'm keeping the case. Okay. I'm keeping the case. Okay. Family court. What? I'm keeping it. Okay. [01:27:54] Speaker ?: Baby. [01:27:55] Speaker 1: It's the scam. It's the never ending scam. It's the scam. It's on this. Can't stop. Won't stop. Okay. Bloop. Okay. [01:28:06] Speaker ?: It's on some bloop. [01:28:07] Speaker 1: Okay. My God. My God. Oh my God. Girl. Cause, um, baby. I, I'll, all I'm going to, all I'm going to, all I'm going to do is, all I'm going to say is all I'm going to say. That's it. Kayla's attorney had already quit on the 15th, but he, he didn't technically because he never filed the paper to be dismissed. He didn't, if he quit, I don't know. You know what I mean? Technically he didn't because he would have needed to file a paper to excuse himself. Now she might've paid him a retainer and he's working. I mean, he's probably worked down his retainer by now. And if, if I were him to keep it clean and force her hand, this is what I would do. Um, I would go to my office and go ahead and file my appearance, my, um, my excuse. So my excuse, um, motion, whatever they, the lawyers, they file to have themselves taken off the case. Um, the business has been, I mean, this is more of a reason rather than Kayla trying to fire him. The business has been concluded. He has reported every single time. She hasn't, they have concluded the sentencing. So in theory, his job is done. And also tech, she tried to fire him today, which she didn't go about the proper, the proper way. So I, if I were him, I would go ahead and quit, go ahead, file the paper with McBurney, have it on his desk. So McBurney can sign off on it, but he probably won't sign off on it until Kayla's new attorney makes an appearance. And when they make the withdrawal notice, thank you. When her attorney files his appearance, that's when things will shift. But technically, even though he did report it, the bottom line is they finished the business of the day and he can go ahead and she will have no lawyer and then she will need to hire a new lawyer. And baby, she gonna have to put some money out because when the lawyer sees the shit show, that is this case, baby, they gonna tax you. They gonna tax you. They gonna tax you is going to be expensive because you are a fugitive. You are a fugitive. Okay. And you want the lawyer to do what? What do you want the lawyer to do? Because he's probably going to tell you, number one, only thing I can do right now is run you downtown. That's the first thing that I have to do as an officer of the court. That's if they take the case. Baby. Will said that he felt confident that this maneuver, this maneuvering, these set of actions today would stand up on appeal. I mean, she has been adequately notified on every step. Everything has been in the record. Maybe there's something there. You know, Will is a research fanatic and he feels, and I think that he, my gut from him, and we've heard him talk on a couple of occasions when we've had him on the program, is that he, he seems like he's thinking out 10 steps ahead. And she has been adequately notified. She agreed. This is not something that she was tried in absentia and she was sentenced in absentia. She was, she opted in for this. She opted in for a plea deal. At the plea deal, she opted in with her guilty plea. She opted in for no restitution hearing. She opted in for all of these things. And then all of a sudden, you're also not showing up and they have proof and documentation that says that you could have and you should have. So I don't know. She can appeal, of course, but just because you appeal doesn't mean that you're going to, they're going to find it your way. Um, girl. You know, that doesn't, you know, in Florida, baby, New Jersey, New York, many places, once you take that guilty, you're going to the back. You're done. Do you imagine if like Mackenzie Sharrilla? Oh, well, you can turn yourself in in two weeks. Girl, no. Okay. Okay. We just, you know, McBurney is a special person. And, you know, the bench needs more people like McBurney. He's, and I mean, special in the sense, he's a very kind human being. And you can tell that he's super kind. And it's unfortunate that people try to play kind people in that way. And with someone with such a powerful job where he makes a difference in people's lives every single day, that somebody would take that kindness as a weakness and really shit on the people of Georgia. But you know what I'm saying? Like, girl, that's it. That's all. That's on her. That's on her. Anyway, do you guys want to run this back through one more time? And then we'll be done because baby, my God. Okay. Start filling out your paperwork. All right. Let's run it one more time. We heard the doctor be excused. Y'all, this is turning into a freaking epic. This is epic. Okay. Let's get back into it. And then I'm gonna let you guys go. Okay. If you have questions, I'm looking. Okay. [01:34:19] Speaker ?: All right. [01:34:19] Speaker 1: We're gonna run it back through. If you need further explanation, y'all just run it back. Okay. [01:34:28] Speaker ?: If you need further. I'm girl. [01:34:28] Speaker 1: When I tell you I'm getting ready to take a nap. I love how Bougie finds the best cases to follow. it's all for you guys specifically for bougie gang okay what does it take to be bougie gang hit subscribe set your notifications and hit the thumbs up that's it it's free 99 okay thank you for saying that miss piggy braxton i appreciate that you are so sweet and look and insist on drop some memberships look at that okay thank you sis thank you very very very much okay how can you get them uh let's see mr alex you can log in go to broward county okay let me give you some tea okay you go to broward county clerk of courts and you go to criminal cases and you just you type in thompson and then sakina and you pull up her case and scroll the case and baby is there and i'll give you some more tea and you don't even have to pay for it okay paid for by the state of florida all right it's not some big secret it's it's right there okay go to broward county clerk of courts click on criminal case search put in her name go to her case she's got one case in broward that's it that's all go to her case scroll it and you'll see it's all there no secrets no gatekeeping even though my new favorite channel on youtube the law roach channel law roach says we need to make gatekeeping a thing again okay law roach the stylist extraordinaire and the shade is real um law loves to throw shade he's he's a good guy but he's so funny and but he said we need to make gate because everything is everything is not for everybody okay but on today we're not gatekeeping okay but you know what i'm saying come come back next week and i'm gonna be like i don't know we're not helping um but on today uh you caught me at the right moment so yeah go catch it um on broward county uh clerk of courts it's super easy once you find it you'll be like oh shit i didn't know yeah that's it that's it that's all okay blame law roach when i'm not giving out information anymore that case is crazy i just want her i just want her story on tubi well all right you know we'll see how it goes she can't sell it because they filed the son of sam on her she can't sell it so i guess any additional documentaries i don't know it would be a good to be it would be a good to be wouldn't it oh okay alex yeah no no problem no problem sir yeah i would look if you are a case junkie like the rest of us are most of us here are some of us are not some of us are just here because they love the good company um go through the whole yeah just go through the whole docket like it's interesting if you've never been through a docket before because some places and spaces you can see everything that's a case where you can see almost everything and it is interesting to see the progression of the case oh you guys are dropping all kinds of things okay my god thank you so much you guys okay number one let me say again thanks to joy's rent over crocs uh miss piggy braxton thank you for the memberships i'm going to read off who got memberships in just a second aries saves lives uh thank you so much for the jewels reef and muffs mom thank you uh lisa w thank you and nosy thank you um let me go back to miss piggy uh let's see michi angel hair sexy rn mighty zion movement and not the one okay okay hold on a second baby okay all right are we all caught up baby my god whoo all right i'm gonna see you guys all in members if you just got a membership we'll see you in the morning and go get caught up on all the member lives there's like we have been going strong and member live you guys i think we have done we've been we haven't been back to back but we have maybe with the exception of like i don't know just a couple of days but in theory we have been back to back every day member live for about two months now it's a thing okay it's a thing get into it um mornings okay we talk about a little bit of everything okay get into it and we'll see you um beat me there don't meet me there okay all right guys let's get back to business we're going to listen to this one more time and i'm gonna let y'all go because baby i have been in this hot seat all freaking day okay all day all right let's get into it kayla girl what you're gonna do when they come for you um did i just sing that oh yeah i got a lot to catch up on baby get into it sis okay um girl do you think wooten is going back to his desk right now and sending and calling calling them boys down there and telling them i've got the sentencing order she is now considered a fugitive hold on let me let me let me ask gemini real quick oh gemini gemini hey boo okay um is a person sentenced but not in custody failure to appear make them now a fugitive yes gemini gemini just said yes comma a sentenced individual who fails to report or appear for their custody sentence is legally considered a fugitive what baby when a person avoids court summons and fails to turn themselves in to serve their sentence the judge will automatically issue an arrest warrant often called a bench warrant well it's gone past that or in order for arrest it's gone past that once this happens they are actively evading the legal system and become a wanted fugitive bay bay okay my god whoo let me let me type in in georgia yes in georgia if a person is sentenced to jail or prison time but fails to report to custody to attend a required hearing regarding their sentence they will have a bench warrant issued for their arrest and are legally considered a fugitive active arrest warrant once the judge signs the bench warrant the person is officially wanted by law enforcement leaving the jurisdiction or avoiding law enforcement to elude law enforcement qualifies as a fugitive from justice new charges in georgia failing to appear can lead to a separate additional criminal charges like bail jumping or escape on top of the original sentence this is not a local issue the warrant is entered into the state's database gcic gcic and ncic meaning law enforcement anywhere can arrest i was about to say that as can arrest you ignoring this situation will only make matters worse these warrants do not expire anyone in this position should strongly consider turning themselves in voluntarily through a local defense attorney who can often help negotiate with the judge to resolve the warrant okay baby jesus whoo i'm exhausted y'all y'all i'm exhausted baby [01:44:50] Speaker ?: i'm exhausted baby in this situation i'm exhausted baby in this situation i'm exhausted baby in this situation [01:44:56] Speaker 1: i'm exhausted baby in this situation i'm exhausted baby in this situation i'm exhausted baby in this situation i'm exhausted baby in this situation i'm exhausted baby in this situation i'm exhausted baby in this situation it's going to go into now now now she's in gcic and ncic and ncic and what's going to happen is so you got a fugitive now [01:45:18] Speaker 2: all right um we are back um ms watson is still here um so tell me what you're envisioning doing i did the adoption i have a civil matter that's supposed to start in 10 minutes but um it can wait a little bit um i'm noticing a long list on zoom and that's not what we're doing today [01:45:42] Speaker 4: okay sure but i thought so we filed a motion one day early last meeting it was to not basically to withhold entering a written sentencing order so that the court would be able to modify if the court felt that was the perfect thing to do and then a whole nice eye was issued that day setting that motion down for a hearing for today so i thought we were going to hear we're actually going to have the hearing on that mode [01:46:10] Speaker 2: okay i thought we were just going to encourage ms brown to show up um that was the i mean that's i don't know that i had issued a bench warrant so much as i revoke bond but now i can issue a bench warrant i was just trying to create a more complete net out there um but it doesn't mean we can't talk about it although mr ford would need to make a record of um how he's waving her presence for [01:46:39] Speaker 4: that which i'm sure he's capable of doing but i put in that motion judge a paragraph or two about that and found a relevant case not the exact same situation but related to sentencing where a defendant didn't appear it was a restitution hearing but the court assumed i think the language was going to be assumed without determining that restitution is a critical proceeding um in the prosecution and so part of why i asked for the rule of my side was because in that case the court of appeals found that the trial court was authorized to proceed in absentia because there was a rule of my side that was issued defense counsel it could serve defense counsel had notified the client and they just didn't show up yeah and so that's how i envisioned it i think that the court does have the authority to proceed um and given that we're not going to have you on much longer i thought it might make sense to just go ahead and get this wrapped up while you're still here with us and not in the family court okay so two things one um did you file it under the old indictment number i'm not it's under the 25 scu zero zero two nine of six [01:47:47] Speaker 1: that one okay so that so he just explained why he filed when he filed his document on the 23rd and he asked for the rule nice eye i thought was nicey but nice nice eye he asked for the rule nice eye and judge mcburney did offer it up right afterwards right so when he did that not only did will put the motion out there of what he wanted to do but the judge declared an order that we're moving ahead with or without you this is what's happening we need you to be at court this is your adequate um notification with your attorney x y and z that's it right so again she was served adequately um she would have been notified through the motion that through her lawyer that the prosecutor entered a motion and for your immediate surrender for like the second time and then on top of that the judge also declared an order that you must be in court and this is what's going to happen with or without you so not only did will ask for it judge mcburney ordered it and so noted it and her lawyer served her with that information so there's really no way not to say it's she can't file an appeal of course she can let her do whatever she wants she'll waste her money but at the end of the day um all of the she has been adequately served in all of these circumstances and is fully aware and is making a conscionable decision to not show up and she has her co-defendant who is in an awkward spot because that's her mother but at the end of the day probably not appropriate for her the co-defendant to be so deeply involved and engrossed in her daughter's case because she has her own case to worry about but we're not talking about that right now [01:49:39] Speaker 2: um but yeah okay what's the five three six oh that's an even older case never mind i was just i had to look her up by name because i didn't have the case number but now i've got it okay the second most recent filing and the rule last side the most recent yes i see it actually a subpoena is the most most recent yes okay um all right uh so that was one number two um i'm keeping this case um for sentencing purposes not only for miss brown but also um for um her mother um so even though uh i think it applies to still say mcburnie on it but even if it says ella b judge ella b and i are meeting on wednesday to talk about the few things i'm holding on to and the things everything else is going to her um so um there's not that pressure um but uh i'm happy to hear you out if you want us to get on the record [01:50:50] Speaker 4: and i guess really with that pressure not being there i would still like to proceed just because the victims we've done this so many times at some point we've got to just proceed i think it's the state's position and then also like i mentioned um before the break that paulden county is saying that without a written sentence order they can't prioritize it they've like many prioritized it but they they won't my understanding is they will not bust a door down to get something i don't need to knock on the door if the person doesn't answer they just okay without that it's dramatic all right and i should probably [01:51:27] Speaker 11: make our council aware uh since we were speaking this morning i've been made aware that miss brown and her family are going to be seeking new counsel um they're dissatisfied with my unwillingness to file a motion to modify relative to the her medical condition i've tried to explain that due process is predicated upon attendance and that's fallen on deaf ears okay um it is my understanding to the extent that i have been given access to my client that she is not able to come to court for reasons that have been made um attempt to be made self-aware by virtue of the email correspondence the medical records etc but i have no more additional information for your honor or the state as to what her condition is other than what's been presented okay um so my i guess my position would be that her non-attendance is not voluntary but due to her medical condition she's bed bound um with the conditions that i've provided you acute [01:52:30] Speaker 2: okay um well let's get on the record and to say this was all informal but i want us to get on the record um so you are mr wooten um more focused on um getting a sentencing document in place and less concerned based on your review of the case law that it would be a fragile sentencing document because miss brown is [01:52:59] Speaker 4: not here does you weigh the different i feel that if if we proceed today if your honor enters a sentence in order if she you know obtained new counsel and they decided to appeal i think that it would hold up on me okay now with her potentially saying she wants new counsel i don't know where that leaves us i [01:53:21] Speaker 2: guess i think that's what's happening from her no it's not in the docket so i appreciate the alert but um i would have to excuse mr ford anyway from relieve him from those responsibilities and i didn't hear that that happen yet all right um well um we're gonna get on record this will be our final matter i appreciate you sticking with us mr and the case number is 25 sc right zero zero two nine zero six it's state versus kayla k-a-y-l-a brown standard spelling we have mr wooten here for the state mr ford is ms brown's attorney of record ms brown is not here of her own volition um i appreciate that mr ford is going to get on the record in a moment that he thinks that there are some medical or health reasons that prevent ms brown from being here you can make that record but i find that ms brown was aware of today's proceedings and um was able to be here um if that was a priority for her but i understand that she's made a different decision and so mr wooten i'll start with you you had filed the motion actually to withhold sentencing um but now um i think already to press me to um enter a written final disposition um so i'd just like to hear what you think the parameters are you had recommended a 15 to serve seven balanced probated with a whole host of conditions that flowed out of um the laughler fry notice that had been filed and we would import those but it was can't be a securities dealer restitution in significant amounts to all the people that we covered before so we don't need to revisit that so much as um the top line um which would be um the duration of the sentence the portion that is custodial and the [01:55:24] Speaker 4: portion that is probated the state's recommendation is that it's still that 15 serve seven i would just know for the record that there was at the initial plea hearing in the initial sentencing hearing um discussion of a cap that was agreed to um i still believe and i think for purposes of making sure that this doesn't come apart on appeal that the court should stay within that 70 year cap i think that um that ms brown's voluntariness to enter the plea was dependent on that seven year cap and so i just asked that the court um sentence her to the 15 years to serve seven balance on probation i've laid out all the reasons in the written motion so i don't think i need to rehash those on the record the only other thing that i would point out is that there was some discussion at the time of sentencing about there was a twenty thousand dollar cash bond that was put up in this case prior case number the state's recommendation was that we enter an order under that case number that distributes that restitution at a pro rata basis to all of the victims when we were here back in i believe 2024 when ms brown was first arrested and the state recommended a cash bond it was for that explicit purpose so that later on it could apply to restitution potentially in the future if she were convicted and that's where we are now i know that the court had mentioned when we were here about a month ago the possibility of having that money transferred to the defendant's mother ms jones i've spoken with the victims about that they're very much in opposition to that for reasons that i think speak for themselves um but i have also very much in opposition to that given not only just the fact that we set up the bond in that way on purpose with that intent in mind that it be distributed at the later date to the victims but also just keeping in mind what has brought us here today that ms jones trekella jones has come into court has made representations on behalf of ms brown that i think are not supported by the documentation that we've seen um and i ask that the court take that into consideration not as punishment to ms jones or ms brown well or her kids or her kids um but taking into consideration that representations that may have been made to the court uh that there are some issues with credibility as it relates to that and also taking into consideration that at sentencing ms brown represented that she had sixty thousand dollars we haven't seen that um but i think that any concerns that the court may have about the children there's already supposedly sixty thousand dollars set aside we still think that should go towards restitution too but the twenty thousands was immediately within the court's control and so we asked that that be distributed to the victims [01:58:14] Speaker 2: and how does one decide how to distribute twenty thousand across all of it i mean some people will get [01:58:21] Speaker 4: a nickel sure but that's more than zero sure sure and i have i don't i haven't submitted anything before but i've kind of in my own work product created a worksheet that divides it up and of course correct that some people will get significantly more i mean as they should i mean we learned that there [01:58:38] Speaker 2: are people who are out five six figures versus three four figures um and everyone is a victim there but as long as you've got a mechanism where you would drop through restitution amount and it would push out that you get 42 bucks you get 420 bucks you get 4 200 bucks then um i'm okay with that and i can submit [01:59:02] Speaker 4: that to the court i also think that that doesn't um preclude the court from obviously i'll get back to the court very quickly but i don't think that includes the corporate entering a sentencing order under this case number because i think that would just be a separate court order under the prior case [01:59:15] Speaker 2: under this case understood okay all right um mr ford what would you like to get on the record in [01:59:21] Speaker 11: connection with ms brown thank you she is currently afflicted with acute encephalopathy as well as conversion disorder per her doctor's report uh that was here earlier today and that she is not here due to those medical conditions as opposed to politionally choosing not to come to court it is my understanding that she has been back and forth and she's now back she is not in the hospital she is home but she's under care not of a 24-hour nurse but she does have physical therapy and speech therapy occupational therapy coming to her home she has been made aware of today's appearance i made her aware last week and it is her position that has her health condition is why she's not [02:00:13] Speaker 2: physically here in respect okay and you're very consistently represented that and done your best to share what's been provided to you um to the state and with me so i appreciate not being kept in the dark um any more than you've been kept in the dark where you see a little bit of light you share that little bit of light with us okay um well i find that it's appropriate to move forward um with a sentence modification hearing given that ms brown was aware of what's happening maybe listening in right now hello ms brown um and uh in life mcburney is he's i love i love it he said hey ms brown right uh now given that ms brown was aware of what's happening she may be listening in right now hello ms brown um he said hello ms brown ah oh my god it oh my god and uh in light of the changed circumstances and what i'm going to describe as the fraud that never ends um it's appropriate to um sentence ms brown slightly differently than um had outlined at um the hearing we had um a few months [02:01:37] Speaker 1: back um i need to see the indictment i was like you know she is a convicted felon now like the case is case is closed this should be case closed i believe right she's been sentenced they're gonna file the final papers it should be case close mc girl mc shady mcburnie okay girl remember how in gray's anatomy it was mc steamy and mc whatever he's he's our mc shady okay girl [02:02:22] Speaker 5: oh my bad oh my bad see the indictment [02:02:35] Speaker 1: yeah yeah it's gonna be case closed yeah it's gonna be case closed baby [02:02:45] Speaker 2: so mr wooten um i don't remember the ranges your indictment conveniently places the allegations into five buckets um there's the rico violation that by taking securities fraud insurance fraud and identity [02:03:04] Speaker 1: all right let me pull up the document i'm not gonna do anything extra to it but i mean i am i did um you know i was trying to spare the defendant but she's she's convicted felon now this i believe this is pretty much case closed um i feel like they've concluded all of the business of this case like this is pretty much a done data right um okay you guys let me i'll let me cue [02:03:33] Speaker 2: it up i just need you to remind me of the sentencing ranges miss brown is charged in all 35 counts so it's not going to be a complicated sentence well i shouldn't say that because it'll be a lot of work for ms nelson but um to pronounce i just need to make sure i'm not pronouncing an illegal sentence because the number is greater than the statutory range for the offense so judge the set by taking counts vary [02:04:02] Speaker 4: because the amount so i'll just go one at a time but uh count one is five to 20 years counts two and three are both two to 20 years count four is one to ten years count five two to twenty years counts six seven and eight okay guys give me just one second we're gonna flip hold on let me see [02:04:27] Speaker 1: what oh god okay here it is all right this is the document that will posted okay so this is this was the motion to withhold entry of final sentencing right um state's motion to withhold entry of final sentencing order and modify sentence pronounced orally in court okay so we read through this already i i just you know we didn't really look i did not show the pictures um but this will did include some pictures in the document and um if you had not seen this will included this on page four of the public document that is posted on fulton county it is the motion uh for sentencing and he included that in the um he included this okay [02:05:38] Speaker ?: you you you you you you you you [02:05:52] Speaker 1: y'all i am not playing with y'all today okay i am not playing with y'all i am not i am done with you guys count nine is one to five counts ten eleven and twelve are one to ten count thirteen is two to [02:06:14] Speaker 4: twenty count fourteen is one to ten and then counts fifteen through twenty seven the securities broad counts are all one to five count hey justin's mom hey thirty three insurance fraud are all two to ten ten okay counts thirty four and thirty five identity fraud are count are one to ten years [02:06:38] Speaker 1: i don't know what when will was preparing that document last week i i i try you know what i mean because there was a lot to that document and there was a lot that i did not go into because some of it was um my chart it wasn't private it wasn't like certified medical records but she included some pages from her my chart she had like a ten page my chart report and like only four of ten pages were in the doc okay and remember will noted that there were missing pages then there was something else and i didn't even really i didn't even read those so that let's say the let's say the um the exhibits were a b and c i glossed over a i did not read you guys b and c just because it wasn't fully redacted and i was just like you know i'm not gonna do all that um but baby those pictures were i think in exhibit they weren't even part of the exhibit they were actually just part of the verbiage i went ahead and skipped over it because you know um y'all were saying she's afraid to come in because she's on youtube and they said the other thing so i was trying to be nice but now she's she's been sentenced so um sis been sentenced there's nothing nice about it ma'am is a convicted felon of 35 offenses and that's it's just that's it that's all you know i mean we don't have any control over that we're just watching okay i got you in a chokehold really okay hey sis i saw you shout me out mcburnie's chat this morning i was like girl you know i stay in the bushes don't do me like that i was like yeah i don't even like to be in the bushes like that i don't okay y'all at signing me i think bible lady at signed me too i'm like oh my god let me get back to the bushes okay let's finish this up so we can go because y'all this is this is girl we've been this is a lot got it so um in [02:08:39] Speaker 2: light of how ms brown and um frankly her mother because that impacts the bond situation um have handled things um i am going to sentence ms brown on count one to 15 years to serve seven counts two and three are also 15 years to serve seven four through eight are all seven to serve nine is five to serve 10 through 14 are seven to serve 15 through 27 are five to serve 28 through 35 seven to serve all those currently with each other so the total sentence is 15 years to serve seven okay okay there are a host of conditions of probation special conditions of probation and they are set forth in the state's loffler fry notice that i think you got to ms nelson in word format already that was a project for you after our first sentencing hearing i will send it again just please just please do and i'll incorporate those they i they didn't elicit objections from the defense the defense focus was understandably on time to serve um mr ford there had been a little bit of healthy back and forth about well is the restitution amount the figure set forth by the state which i think was just north of 600 000 um and you at one point um we're describing it i think was more in the 400s um and i just want to make sure if you are challenging it which is your right um that either since that time mr wooten has given you documentation that has caused you grudgingly to say yes it is north of 600 or if if we need to have a subsequent hearing on that which wouldn't delay me entering a sentence we would just um hold off on the restitution number i'm going to start with mr ford on that then i'll hear from mr woody [02:10:54] Speaker 11: the attachment that i've seen the frustration is 611 000 some change and it adds up okay and judge i [02:11:02] Speaker 4: just add that it is concurrent everything is running all together so it is concurrent i don't know if [02:11:07] Speaker 1: you mean consecutive um but keep in mind um the negotiate see the thing is is if they go outside of what it was negotiated then she's got some room for appeal and at the end of the day they agreed to a seven-year cap and they agreed to a seven-year cap the seven-year cap was contingent upon her coming in with the guilty um and i guess the foolishness at the end of the day um i know what you meant um because it is it's actually has been sentenced as concurrent so i i figured you meant consecutive but he can't do it um because she pled guilty on the strength of a seven-year cap and if she didn't get the seven-year cap then she was going to back out of the deal and if he changes it potentially even though he said he would it could reverse some things so bumping her up two more years you're stressed about five baby what about seven and still eight on probation i don't think she's going to be able to make it eight years i don't think i we don't know how this whole seven years is going to go but also on top of that i i don't think that she won't mess up she's 27 she likes to scam and she would be in her mid-30s in atlanta getting out on eight years probation it would just be a whole nother show so and then she [02:12:44] Speaker 4: would go right back to prison right to a restitution hearing on the record okay well that makes it easier [02:12:49] Speaker 2: too um so that's the figure um and uh we can work through what language would go into what kind of order um to deal with the bond and the money that was put up for the bond but um i have um in light of how things have unfolded since our sentencing day taken a different perspective on what should happen with that money um and that it ought to be the beginning of a long road towards um restitution um and so it would pass through that filter um and you can decide whether what i need to do is enter an order that says eleven dollars goes to this person and x or if it all would go to i really wouldn't go to the department community supervision because ms brown won't be on probation for a while so think through how you want to structure that it's probably cleanest if the the sheriff is dispersing it to the individuals and they show up and say i'm so and so where's my 50 bucks i think judge what might be [02:13:53] Speaker 4: cleanest and we'll talk to the sheriff's office just to make sure but as if the sheriff office sheriff's [02:13:58] Speaker 2: office remits it to the clerk and it goes into the registry yes yes yes yes the sheriff is a hundred percent gonna want that um so um structure in order to that effect obviously run it by um mr ford um but the money is the money and so um it just he needs to chance to eyeball it um before you send it to me absolutely anything else mr wooten on behalf of the state i do not believe so no judge mr ford um i appreciate your involvement in this chapter i suspect there will be a short sub chapter in which you may not be involved um but uh you have um done your client far more service than i think she is going to appreciate um in a going forward basis um but i appreciate it all right thank you everyone i mean he [02:14:51] Speaker 1: he tried he tried he tried he tried he tried you know what i mean like you can't there's only but so [02:14:57] Speaker 2: much news watson that is it for criminal today um the remainder of my day is civil stuff and those lawyers need to provide their own court reporters so thank you so much for your time um and sticking with us [02:15:11] Speaker 1: thank you have a good day he did his best i mean uh you know even today after she fired him over the phone or attempted attempted to fire um you know he still went represented handled business um and all of the things but uh i wonder if he had a retainer or she paid him like was he just billing her i'm sure with a client like miss kayla he would have needed a retainer and then i bet you that i bet you he has used that whole retainer up huh uh whoo yes yes yes yes yes yes yes yes sherry hoover has doug slash joe and wooten has ansel okay period you guys it's been real it's been a whole damn day i need to go into recovery i'm like i need to be in recovery mode right now like y'all y'all this was a lot baby and we haven't seen the end of it we haven't seen the end of it because guess what mom has court next month mom has court and it said ellerbee but guess what it's still mcburney it's still mcburney mcburney is keeping this case okay hold on mcburney is keeping this case okay so mom mom has court next month and kayla will be potentially a witness [02:17:00] Speaker 6: okay kairo has a response and online request the business that holds the [02:17:11] Speaker 1: mcburney okay okay um okay you guys let me let y'all go um this was exhausting okay when the paperwork is filed i'll let you guys know uh uh [02:17:46] Speaker 3: kayla's 20 something years old with three children i doubt it uh that's not you know i hear you [02:17:53] Speaker 1: you know that's a very that's that is a very kayla-esque reason um we gonna see we'll see whoo my god this was exhausting y'all okay you guys if you haven't hit the thumbs up yet do you mind go ahead and hit the thumbs up for me please um it's very much needed um let's see we still have 181 and 150 we had more than that if you have not hit the thumbs up yet go ahead and hit the thumbs up for me um if you've been here this whole time okay thank you please and thank you and i will see you guys um probably tomorrow okay we'll see you guys on tomorrow you guys have a wonderful rest of the day thank you guys um thank you bible lady you're the best you're the best 28 months thank you so much sis um miss piggy braxton thank you so much and dre's run to over crocs for contributing um all of the members you guys are awesome bougie gang period you guys are amazing um once again how do you become bougie gang it's easy it's so easy guys hit subscribe set your notifications to all and come in tap in and hit the thumbs up okay the fraud that never ends and that's a quote from judge robert mcburney fulton county okay [02:19:37] Speaker 7: so [02:19:42] Speaker 6: so so [02:19:54] Speaker 1: what did she what did she think that sending texting her lawyer pictures of her in a wheelchair was going to do but send it to the prosecutor the prosecutor didn't pay for i mean this this whole the laughs are just writing themselves at this point this is too much is this too much it's too much you guys i'll see you guys we'll talk about this again tomorrow we'll see if all the paperwork is posted tonight okay we'll talk about this again when the paperwork is posted when the ink is dry um and we might be seeing that and what's gonna happen when she gets arrested in the county that she lives in baby she's gonna have a whole mug shot over there hold on when she gets arrested in her county baby she gonna have a mug shot over there and then they're gonna transfer her um over to fulton county okay they're not gonna just i don't know that they're gonna just run her to fulton county they might put her in custody process her and then let fulton county come pick her up you see what i'm saying all right guys i'll see you later [02:21:28] Speaker 3: so [02:21:58] Speaker ?: so so so so so so so so so so so you