UPDATE! Judge had ENOUGH of the LIES! It is PRISON NOW!

[00:00:00] Speaker 1: Torek what's the recommendation of probation your honor provision does [00:00:03] Speaker 2: think that Mrs. Poole is amenable to community to control her positive drug [00:00:09] Speaker 3: tests at Decoder this month hold on sir why do you keep shaking your head Miss [00:00:13] Rachel Poole: Poole because I'm clean no you are not clean sir I'm I'm doing the programs I'm [00:00:21] Speaker 1: meeting your position is she's not even close to being clean right that's my [00:00:25] Speaker 5: position when I tested her this morning her sample was bright green which is a sign to us that she was possibly using something to alter the test or flush her [00:00:37] Speaker 1: system the recommendation is officer Torek's pretty good recommendation to send you to residential treatment that seems like the way to go but I'm not gonna do that I'm gonna send you to prison I am because you will if you don't acknowledge that you are not right represented by mr. Madden we have mr. Harrison the prosecutor's office officer Wilson from Community Corrections we're here today for a pretrial but it's my understanding this pool is going to be entered guilty one kind of weapons under disability with a forfeiture specification and to an aggravated possession of drugs is that accurately stated yes sir we've had some discussions about your case miss Poole and quite frankly this doesn't happen very often happens every once in a while where I have a case where I don't really know what to do you present a problem for me in that you have tested positive while you are on pretrial you denied that you were gonna test positive and it does not seem like when you were evaluated you were being completely honest about your usage you were initially screened for let's see back in we had to assess by modern psych in Genesis program they recommended PHP was supportive housing and medication management which you weren't really interested in the position of the folks back in the annex that are supervising you seems to be that you don't really tell the truth when you are confronted with things and I don't really know what to do about that I know that you're not supposed to be using drugs while you're on supervision and you are not supposed to have any firearms around and I'm not going to have a debate about whether a working firearm is or is not or whatever was on the table during the home visit I'm not going to have that discussion because here's what I'm going to do if you enter a plea of guilty to this charge I'm going to release you today back on electronically monitored supervision we had you evaluated for to coach they're recommending intensive outpatient treatment I'm going to go along with that you're going to get engaged in that we're going to come back here in about eight weeks for sentencing hopefully everything is going to go fine officer Wilson or someone dressed like him is going to go out to your house they're going to confirm that there is nothing that is even firearm related in the house in which you are going to be residing and you're going to test negative on all of your tests and if all of those things happen the next time we come back for the sentencing I'm probably going to put you into my community control program and try to manage this case in the community you can't do that then you're looking at probably a four to six months stint in a place like Monday if it's drug or alcohol usage and if there's any firearm nonsense you're probably going to the pen so that's sort of where I'm at in the case mr. Madden probably explained most of that to you maybe not as colorful of terms facts your honor if this matter proceeded to [00:04:02] Speaker 6: trial the state would show beyond a reasonable doubt in addition to all allegations in the indictment as to count one a specification to count one as well as count four that on or about July 11th of 2025 Franklin Warren County Ohio the defendant Rachel Poole possessed concealed and loaded firearm in a motor vehicle with a prior felony conviction involving drugs of abuse she also was found in possession of methamphetamine which was lab confirmed at 1.53 grams this was all after a traffic stop anything on those facts mr. Madden yeah this pool did you [00:04:39] Speaker 1: hear those facts I did you admit they are true yes to understand the right you're giving up by entering a plea yes what's your plea guilty based upon the plea of guilty I'm gonna find you guilty I think that you have made a knowing voluntary and intelligent choice here today only after you have been fully advised of your constitutional rights which you waived and rejected here in open court we are not going to go into the matter of the sentence today I'm going to order a level two pre-sentence investigation also I'm going to order an evaluation for a community based corrections facility because I'm not necessarily optimistic about how this case is going to go we're going to come back here in about eight weeks for sentencing officer Wilson I think my position in this is pretty clear if they need time to scrub the house of any of these sorts of things give them that time but when we go out there I don't care if it's a bullet a tiny little piece of a gun anything that is firearm related means that she will return with you from the house other than that we'll get you back on drug testing and we'll see everybody back here for the pre-sentence anything else no you are I think all right thank you that's all thank you sir short leash officer Wilson just short leash this is the case of the state of Ohio versus Rachel Poole case number 26 CR4 3278 present before the court is Ms. Poole right yes sir represented by Mr. Madden and we have Mr. Harris in the prosecutor's office officer Tork from probation we're here today for sentencing is everybody had the opportunity to review the PSI yes sir yes any reason not to go forward with sentence today no yeah we have 41 days of jail time credit no restitutions that sound right to everybody that is correct all right Mr. Harris I'll be after the [00:06:59] Speaker 6: state your honor the defendant as we discussed in chambers continues to test positive it appears she needs a higher level of care we are requesting one through Decoach that she'd be placed in residential treatment we also would request $250 in laboratory fees that would be to Franklin Police Department there's also a weapon involved we would ask that before he'd been destroyed [00:07:24] Speaker 1: Mr. Tork what's the recommendation of probation your honor the probation does [00:07:30] Speaker 2: think that Ms. Poole is amenable to community to control her positive drug test at Decoach [00:07:37] Speaker 3: earlier this month hold on sir why do you keep shaking your head Ms. Poole because I'm clean [00:07:43] Rachel Poole: I know you are not clean sir I'm I'm doing the programs I'm meeting with my counselor I am I don't know what's going on I don't know if it's the medicine I've been taken for my seizures I don't know what it is but I swear to you on everything I love I'm not doing anything I wouldn't do it again I don't want to I've got two jobs I'm keeping busy and keeping occupied with other things I am I don't know what happened I really don't I'm sorry go ahead I was informed that she did have a positive confirmed test at Decoach on the [00:08:25] Speaker 2: I'm sorry go ahead I'll store I was informed that she did have a positive confirmed test at the coach on the 10th of this month she tested positive again today the recommendation from treatment at the time of her assessment was for outpatient however considering the positive test that was confirmed by the coach on the 10th and the 21st which is being today prior to court there is a recommendation that there should be at least an increased level of care that being said no other recommendations other than entering and completing treatment and remaining compliant while on supervision are we sending today's test [00:09:05] Speaker 1: out yes we don't have the results of the oral swab because officer Conroy your position is [00:09:18] Speaker 5: she's not even close to being clean right that's my position when I tested her this morning her sample was bright green which is a sign to us that she was probably using something to alter the test or flush her system [00:09:35] Rachel Poole: I have addiction I'm leaning in my heart I'm leaning in my kitten I've passed every other drug test I don't I honestly don't understand what's going on [00:09:50] Speaker 1: This is where we're at, Ms. Poole. The recommendation of Officer Torax is a pretty good recommendation to send you to residential treatment. That seems like the way to go, but I'm not going to do that. I'm going to send you to prison. Please don't. I am because you will, if you don't acknowledge that you are not clean, then there's nothing I can do. But I am going to wait until we get confirmed positive tests. I want to know 100%. So I'm going to take Ms. Poole into custody today. We're going to reset this for sentencing in a couple of weeks when we have the results. [00:10:24] Rachel Poole: Please don't, sir. Please. Please. I swear. [00:10:31] Speaker 1: Not doing anything today, Ms. Poole, but we're going to know when we get the oral swab back from last week and we'll get the drug test. We'll send one out from today. Then we'll know if you are clean or if you are not being honest. So, Mr. Madden, we're going to continue this out a couple of weeks and get a sentencing date with Ms. Idle. I do. Thank you. All right. That's all. Email me as soon as we get results. We're here today for plea. We're also going to go forward with sentence today. Ms. Poole, I know we were just through this not too long ago, but I want to make sure that I have a clean record in this case. How old are you? [00:11:26] Speaker 7: 47. [00:11:26] Speaker 1: How far did you go in school? [00:11:28] Speaker 7: I got an Associates in Applied Science. Are you able to read and write English? Yes, sir. [00:11:34] Speaker 1: Are you under the influence of drugs or alcohol? No, sir. I'm just sick. Are you taking any medications? No, I just got a cold. Are you a United States citizen? [00:11:42] Speaker 7: Yes, sir. [00:11:43] Speaker 1: If you enter a plea of guilty to this charge, I'm going to sentence you to six months in prison, concurrent to the time that you're already doing, because we already have a plan in the other case. And I don't want this case to mess up what I want to do in the other case, so that's what I'm going to do. So if you enter a plea of guilty to this charge, we're going to go forward with a six-month concurrent sentence. Other than that, has anybody made any threats, promises, or representations to get you to plead guilty to this against your will? [00:12:07] Rachel Poole: No, sir. [00:12:08] Speaker 1: I have a document entitled Change of Plea and Entry. On the second page, there's a signature above the line defendant. Is that your signature? [00:12:13] Speaker 7: Yes, sir. [00:12:14] Speaker 1: Did you review this with Mr. Huss before you signed it? [00:12:16] Speaker 7: I did. [00:12:17] Speaker 1: Are you satisfied with the representation that you've received in the case? [00:12:20] Speaker 7: Absolutely. [00:12:21] Speaker 1: You're going to enter a plea of guilty to one count of aggravated possession of drugs, 50-degree felony, punishable by up to 12 months in prison, and a $2,500 fine. It also carries with it an optional period of post-release control of up to two years. Your rights really haven't changed that much since we went over them last year. You still have the right to make the state of Ohio prove that you're guilty beyond a reasonable doubt, either to a judge or to a jury at a trial. You would have the right to confront all the witnesses against you at the trial, compel witnesses to testify on your own behalf, and you have the right to remain silent. If you enter a plea of guilty to this charge, you're going to waive all of those rights. You're going to admit that you did it. We're going to get on to the matter of this six-month sentence. Is that what you want to do? [00:12:58] Speaker 7: Yes, sir. [00:12:59] Speaker 6: Mr. Harris, where are the facts? Your Honor, if this matter proceeded to trial, the state would show beyond a reasonable doubt in addition to all allegations in the indictment that on or about April 23rd of 2026, in the city of Lebanon, Warren County, Ohio, the defendant, Rachel Poole, possessed methamphetamine. This was laboratory confirmed at 1.06 grams. This was found in her vehicle in the court's parking lot. [00:13:26] Speaker 1: Anything on the facts, Mr. Hust? No, Your Honor, nothing on the facts. Ms. Poole, did you hear those facts? Yes, sir. Do you admit they are true? [00:13:33] Speaker 7: Yes, sir. [00:13:34] Speaker 1: Do you understand the rights you're giving up by entering a plea? [00:13:36] Speaker 7: Yes, sir. [00:13:36] Speaker 1: What's your plea? [00:13:37] Speaker 7: Guilty. [00:13:38] Speaker 1: Based upon the plea of guilty, I'm going to find you guilty. I think you've made a knowing, voluntary, and intelligent choice here today, only after you had been fully advised of your constitutional rights, which you waived and rejected here in open court. Any reason not to go into the matter of a sentence today? [00:13:52] Speaker 6: No, yeah. [00:13:53] Speaker 1: We have zero days of jail time, credit, and no restitution, right? That is correct. [00:13:58] Speaker 6: Mr. Harris, anything from the state? There was a laboratory fee in this, but my understanding is you're going to find her intelligent for those purposes. Your Honor, as I recall, Ms. Poole was on for sentencing in this matter. I think the reason why she ended up where she was is she was not honest with the court, and this was kind of a, in addition to this, she had drugs in her vehicle. That was determined through jail phone calls. Search warrant was executed at that time, and that was confirmed, and she admitted what it was. I guess that's why she is where she is. She continued to deny use throughout this case, and I guess that's the egregious nature of this case, even though it is an F-5 at this point. [00:14:50] Speaker 8: Mr. Huss? Yes, Your Honor. First off, Rachel has readily accepted responsibility for this. She said that at the time she realized she didn't say anything or they didn't find the drugs, that she didn't want anybody else subsequently getting in trouble for being in her car if they drove the car away and so forth. So she not only accepted responsibility for herself, she kept others out of any unjust trouble. She's ready to go forward with her program. She tells me she's on a wait list for like six different programs, she tells me, and she's eager to get involved in those. She's happy to see that everything in the big picture dovetails so she can get out of this situation and move on and have a better life. [00:15:43] Speaker 1: Anything you want to tell me, Ms. Poole? [00:15:45] Speaker 7: I just want you to know that I am taking responsibility. I do apologize for lying. I am, I am, I'm still an MCC, so I can't really do a whole lot right now as far as programs. I'm due to get into population at Marysville next week, which means I, and I am wait listed for Horizons and Tapestry and all of the recovery programs that I can get into. I am taking this very seriously, sir. [00:16:15] Speaker 1: All right, uh, court's going to sentence you to six months in prison. That's concurrent to the time that you're already doing. And, uh, I do find that you're indigent for the purposes of fines and costs. There will be no financial sanctions. You know, in the other case, Ms. Poole, you have a choice to make in March or so, and that is whether or not you want to apply for judicial release and go to a CBCF or whether you want to finish your time out in the pen. It doesn't matter to me. This case is not going to interfere with that case one way or the other. [00:16:43] Speaker ?: Thank you. [00:16:43] Speaker 1: Because I sort of took this case into account when I sentenced you on the other case. [00:16:47] Speaker 7: Thank you. [00:16:48] Speaker 1: Uh, you do have the right to appeal this to the 12th District Court of Appeals in Middletown. If you don't have the funds to hire a lawyer to obtain a transcript or to pay the cost, they'll all be provided to you at no charge. Good luck to you. [00:16:57] Speaker 7: Thank you, sir. Thank you. Good luck. [00:17:13] Speaker ?: Thank you.