Terry Trussell - Dixie County Common Law Grand Jury Foreman

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Paul Lentz
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2651

Post by Paul Lentz »

In the interview Trussell gave last week (or at least I transcribed it last week) he confirms that his Faretta hearing will be on 12/12/14. Since this is a competency hearing, is it open to the public? I know Precision has said he plans to attend, but it would be a shame for him to waste his time if he can't get in.



Slim, it's not a "competency hearing" in the sense of an examination (or a revealing discussion of a mental examination). In this case, the Faretta hearing's purpose is to determine Trussell's "competency" (a better word might be "capability") to represent himself (and waive his constitutional right to representation by counsel), based on the evaluation of a number of factors (please see my post above this one).



There is no reason a Faretta hearing should not be open to the public. It never hurts to call the court clerk a few days in advance to confirm, of course, and I'd recommend that before hitting the road.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2652

Post by Paul Lentz »

I'd like to know what's inside that "Amended Notice of Hearing." Was that filed by Trussell or the court?



I believe the Amended Notice of Hearing was filed by Trussell, but without seeing the document, I can't say with any certainty.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2653

Post by ducktape »

I have a question, Paul, if you know. When a defendent decides to defend himself, and standby counsel is appointed for him by the court, who pays for the standby counsel if the defendent (like Terry) does not qualify as a pauper?

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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2654

Post by Paul Lentz »

Who took these videos? Any chance Trussell's will be video'd?



The videos were apparently arranged by the defendant, Sam J. Pearson IV.** And to answer your question, if arrangements are made ahead of time and in accordance with the court's local rules, and the request for video/audio taping is approved, then I'd guess there will be videos made. I think it's unlikely that the court itself would have a video operator there, and I don't think any media outlet will request to cover the hearing (including taping it). As I recall, recording devices were forbidden at the 10/30/14 arraignment, but that doesn't necessarily mean they wouldn't be allowed at the 12/12/14 hearing but, again, as long as the arrangements are made ahead of time and approved in advance.



**Edited to add: Sam J. Pearson IV is the fellow who attended Trussell's 10/30/14 arraignment and who was told pointedly by Judge Hankinson to "put his hand down" when Pearson apparently raised it during the proceedings. The Nelson and Faretta hearings depicted in the videos (7 of them) were shot on 8/9/10 during Pearson's very long and arduous case in which he was charged with 1) selling liquor without a license; 2) operating a bottle club without a license; and 3) keepng a "house of ill fame" (prostitution). Ultimately, on the first day of trial the next month, the state entered a "nolle proscequi" ("nol pros," proceed no further) on the 2nd charge, and Pearson entered pleas of "nolo contendre" (no contest) on the 1st and 3rd charged. He was adjudged guilty, sentenced to 60 days on each of the charges, sentences to be served concurrently, credit for time served, and conditional approval for work release, and was remanded to custody (Escambia County Jail). I think he actually only served about 35 days before he was released.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2655

Post by Paul Lentz »





I have a question, Paul, if you know. When a defendent decides to defend himself, and standby counsel is appointed for him by the court, who pays for the standby counsel if the defendent (like Terry) does not qualify as a pauper?







Ducky, the standby counsel is normally paid for by the state.



To clarify, the appointment of standby counsel for a defendant who is pro se (by his own waiver of representation) is not a requirement in Florida (except in a capital case in which the pro se defendant has also been adjudged to be indigent). There is some confusion in this case as to whether or not Trussell is claiming indigence (or may have initially claimed indigence but backed off that claim, or maybe something else altogether). If Trussell is not, in fact, indigent, then the court has no specific obligation to appoint/provide standby counsel simply because Trussell is representing himself. That said, there is nothing unusual about the appointment of standby counsel (at the state's expense unless the standby counsel is specifically requested by a nonindigent defendant) for a fool criminal defendant who has himself for a client. It's kinda a 'belt and suspenders' sort of move on the part of the trial court.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2656

Post by Dr. Caligari »

Paul,

Very informed and informative posts. Thanks! =D> =D> =D>
J.D., Miskatonic University School of Law

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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2657

Post by gatsby »

Thanks, Paul, for your insights and explanations..

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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2658

Post by mimi »

Word is, Terry won. You remember Sara.



samarkis @samarkis · 8h 8 hours ago



@HGTomato If terry files the proper papers,he's already won..... no rebuttals were ever sent from court :)








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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2659

Post by Family Liberty Patriot »

"If."
"The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness."

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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2660

Post by Volkonski »







Very interesting. So the only issue is whether the defendant's waiver of the right to counsel is knowing and intelligent. That defendants might be totally incompetent to conduct their own defense doesn't matter. So if Terry decides to go pro se the court will let him as long as his decision to do so is knowing and intelligent. Terry might just be sufficiently knowing and intelligent to get himself in big trouble. ;)



No, Volkonski, I'd disagree with that. In a typical Faretta hearing, there are the following determinations to be made:

1. Has the defendant made a clear and unequivocal assertion of the right of self-representation?



I'd note that it appears Trussell has done so with his filing of his "Demand to Present Myself Sui Juris." However, not having seen that actual document, I don't know that with certainty.



2. Does the defandant clearly understand the disadvantages of self-representation?



In Trussell's case, he will undoubtedly assert that he does. Nonetheless, during the Faretta hearing, Judge Hankinson will (or should) review those disadvantages thoroughly, frequently checking Trussell's understanding.



3. Is the waiver of counsel made by the defendant knowingly and intelligently?



The evaluation of this will include some lines of questioning regarding Trussell's education and background, as well as his health (both mental and physical). Trussell has already stated in multiple interviews that he is hard of hearing, that he takes medication (heart? blood pressure? I don't recall) daily for a condition, and that he is "partially paralyzed" in one leg. The court will (or should) explore any health concerns--including whether any of the medications taken by Trussell have the effect of impairing his judgment--but I would not imagine that much time would be spent on this. The court will also ask Trussell if he has ever been found to be mentally incompetent by a court of law.



4. Is the defendant knowledgeable of the nature of the charges against him and the possible penalties to which he is subject if found guilty?



Trussell has stated several times in interviews that he does not understand the charges. He has also asked (at his 10/30/14 arraignment, and again in a filing) for the bill of particulars detailing the charges. This may be a sticking point; however, it is a hurdle easily cleared.



5. Does the defendant understand that he will be expected and required to comply with court rules and procedures?



This will be a stumbling block, both at the Faretta hearing itself as well as going forward. Expect Judge Hankinson to be straightforward in this regard, and to quickly (and without much--if any--explanation) deny Trussell's bullshit sovcit-based motions, demands, and objections. This will undoubtedly be further complicated by the apparent fact that, while away from the court's direct authority, Trussell comes across like a brave and ballsy warrior but, when in court--read the transcript from the 10/30/14 arraignment--Trussell is more a meek eunuch. He may talk the talk, and he may even walk the walk outside of court, but when it really matters, Trussell comes across as both mute and legless.



6. Is the defendant's request to waive counsel voluntary, or is it the result of coercion or other mistreatment?



Trussell appears to me to be an incredibly weak-spined fool who is easily influenced by others, and who will, ill-advisedly, take a life-altering, negative course of action in order to please others or attempt to appear stronger or more macho than he actually is. But acting foolishly against self-interest is not coercion. Once Trussell has been convicted and sentenced, and all the sovcitty jerks have deserted and disavowed him for not using the proper magick incantations in the proper order, it would not surprise me to see Trussell try to raise this point on appeal. However, he will strongly deny any influence during the Faretta hearing, and that denial will cost the point on appeal.



7. Is the defendant asserting his right to self-representation in an effort to delay or manipulate the proceedings?



Trussell has filed a demand for speedy trial, so the apparent answer here is "no."





I'm not suggesting here that Judge Hankinson will specifically ask all of these questions, in these words, and in this order. But my educated guess is that the judge will touch on all of these issues--some in more depth than others--and that he will base his ruling on the full context of the answers he receives. I still believe that Trussell will be allowed to go forward pro se, and that Judge Hankinson will also appoint standby counsel, and encourage Trussell to take advantage of that counsel.



4.









Not to quibble, after all IANAL. I was just going by that Florida Bar Journal article. The items you list seem to part and parcel of determining whether the defendant's waiver of counsel is knowing and intelligent. That article goes on to state-



The most prevalent mistake made by trial judges during a Faretta hearing is inquiring into the defendant’s legal skills and ability to actually conduct his or her defense. A defendant’s technical legal knowledge is irrelevant to determining whether his or her waiver is knowing and intelligent.







Per that statement, defendants who are incompetent to effectively represent themselves still could make a knowing and intelligent waiver of counsel.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2661

Post by Sterngard Friegen »

Volky -- very few people are competent to represent themselves. And that includes not merely lawyers, but also lawyers with considerable criminal experience. So, if "competence" is the benchmark, no one would be allowed to represent himself (or herself).

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#2662

Post by Northland10 »

Can the court ask Terry if he personally composed his filings, or were they written for him, and if so, by whom?
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#2663

Post by gupwalla »







Word is, Terry won. You remember Sara.



samarkis @samarkis · 8h 8 hours ago



@HGTomato If terry files the proper papers,he's already won..... no rebuttals were ever sent from court :)













"IF" is doing a lot of work in that sentence.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2664

Post by Paul Lentz »





Can the court ask Terry if he personally composed his filings, or were they written for him, and if so, by whom?







Yes, the court may ask that, and it wouldn't surprise me if that question came up--although not necessarily the "if so, by whom" part.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2665

Post by Paul Lentz »

Not to quibble, after all IANAL. I was just going by that Florida Bar Journal article. The items you list seem to part and parcel of determining whether the defendant's waiver of counsel is knowing and intelligent. That article goes on to state-

The most prevalent mistake made by trial judges during a Faretta hearing is inquiring into the defendant’s legal skills and ability to actually conduct his or her defense. A defendant’s technical legal knowledge is irrelevant to determining whether his or her waiver is knowing and intelligent.





Per that statement, defendants who are incompetent to effectively represent themselves still could make a knowing and intelligent waiver of counsel.



I don't think you're quibbling at all. A determination by the court that a defendant's proposed waiver of counsel is "knowing and intelligent" could, as an overall catch phrase, encompass each and all of the specifics I enumerated.



I would also note that the Bar Journal article is from 1997 and that, in the intervening 17 years, the Faretta issues and practices have evolved a bit as numerous cases set a more specific path for the court to follow.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2666

Post by Volkonski »

1997 was 17 years ago? :shock: I feel old. ;)
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#2667

Post by chancery »



It's almost as if Alexander Pope was speaking directly to Terry.



Great line! And correct.

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#2668

Post by woodworker »













Word is, Terry won. You remember Sara.



samarkis @samarkis · 8h 8 hours ago



@HGTomato If terry files the proper papers,he's already won..... no rebuttals were ever sent from court :)













"IF" is doing a lot of work in that sentence.







There is actually one magic paper I believe would make this all go away - all he has to do is prove he has full diplomatic immunity. I am sure that Orly, with her tremendous influence at the Hague and around the world, could persuade some nation to grant him retroactive immunity.



bring out the tumbrils -- lots of them.

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#2669

Post by SueDB »

What ever happened to Cabinda and all that nutter type stuff?
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#2670

Post by bob »

What ever happened to Cabinda and all that nutter type stuff?Dr. Levy's latest fake organization is the OEAS, which is a collection of fake African nations. Makes the NLA look like small-timers.GimmyTruth's cut/paste concerns about the secret Vatican cabel made me think of Dr. Levy.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2671

Post by gatsby »

I can't remember: Have we actually seen the contents of a Trussell filing? I suspect they're like Rod Class filings: Long copy-and-paste passages from statutes and court rulings with a few sentences of commentary. Rod dumps everything in and expects the judge to sort it out.

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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2672

Post by Gnarly Goat »

I don't think we've seen any specific documents Terry has filed.
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2673

Post by gatsby »

Maybe precision32 could request hard copies of some docket items while he's at the Dixie County courthouse? And then scan them for us? :flirty:



:pp:

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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2674

Post by Dolly »

I am not able to select the text to copy/paste.



Dixie County, FL Man To Undergo "Competency Evaluation" for Sui Juris Representation

Tweet "IT'S INSANE" <SNIP>







http://www.thepostemail.com/2014/12/08/ ... sentation/
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Terry Trussell - Dixie County Common Law Grand Jury Foreman

#2675

Post by SueDB »







Dixie County, FL Man To Undergo “Competency Evaluation” for Sui Juris Representation



Tweet “IT’S INSANE” by Sharon Rondeau (Dec. 8, 2014) — Dixie County, FL resident and Vietnam War veteran Terry George Trussell has not received a Bill of Particulars, or list of specifics relating to the 14 felony charges brought against him, but he is scheduled to undergo an evaluation for “competency” on December 12. In [...]





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