Jeffrey Weinhaus Feb 2013 Proceedings TX

8/10/2019 Jeffrey Weinhaus Feb 2013 Proceedings TX

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IN THE MISSOURI COURT OF APPEALS

Eastern Division

STATE OF MISSOURI, )

Respondent, )

) vs. Case No. ED100807)

)

JEFFREY R. WEINHAUS, )

Appellant. )

IN THE CIRCUIT COURT OF MISSOURI

20TH JUDICIAL CIRCUIT, DIVISION I

HONORABLE GAEL D. WOOD, JUDGE

STATE OF MISSOURI, )

)

Plaintiff, )

)

vs. Case No. 12AB-CR02409-01)

)

JEFFREY R. WEINHAUS, )

)

Defendant. )

__________________________________________________________

TRANSCRIPT ON APPEAL

February 14 and 21, 2013 Proceedings

__________________________________________________________

APPEARANCES

Mr. Robert E. Parks Mr. Jeffrey R. Weinhaus

Prosecuting Attorney Pro Se

Union, MO 63084

___________________________________

Brenda L. Schmelz, CVR-Master, CCR

Official Court Reporter

20th Judicial Circuit

Franklin County, Missouri


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Brenda L. Schmelz, CVR-M, CCR No. 1267, Official Court Reporter, Div. I, 20th Judicial Circuit

Work: 636.583.6307 [email protected] Mobile: 636.234.5088

FEBRUARY 14, 2013, PROCEEDINGS

THE COURT: We're calling on the record

Case No. 12AB-CR02409-01, State of Missouri vs.

Jeffrey R. Weinhaus. The State is represented

by Prosecuting Attorney Mr. Robert Parks. The

defendant is present in person and the attorney,

Ross Mutrux, is also present in person.

We're here today to take up Mr. Mutrux's

motion for leave to withdraw. In addition to

that motion, however, Mr. Weinhaus has filed a

number of motions in his own hand which I think

he wanted to take up today.

However, Mr. Weinhaus, I'm not going to

have time to do that. I just learned of these

motions earlier today. I had scheduled other

matters as early 4:00, so we've got about 45

minutes. I'm guessing it will take you quite a

while to argue these motions, but again --

THE DEFENDANT: Well, just the -- the main

thing I wanted to do is the surety. I mean, and

that would take five minutes, you know.

THE COURT: Well, let's address this other

topic first, and if we have a few minutes to

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talk about that, we can talk about that some

more.

THE DEFENDANT: Okay.

THE COURT: I tell you what, Mr. Mutrux,

why don't you come up to the other podium, and

I'm going to try to sort through what we need to

do here.

MR. MUTRUX: Yes, Your Honor.

THE COURT: I have looked at your motion to

withdraw and I've looked at what is styled an

Entry of Appearance by the defendant, and in his

entry of appearance he recites that he has fired

you on February 9 and is going to be seeking

other counsel. Of course, the matter is set for

trial now. At the request of the defendant, it

was set fairly early. My concern, of course, is

that if we change horses here in midstream

that's going to blow that trial date sky high,

because it's very unlikely in my mind that

another attorney would be able to get in this

case and be prepared for trial that quickly. So

that is one of my concerns, and I'm not sure

where to begin.

Obviously, Mr. Weinhaus, I suppose if it's

your clear desire to terminate his services --

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THE DEFENDANT: Your Honor, it's like he

said in his motion. We've had a conflict of

interest. And if Tyson wants to get out, then

that's fine with me. I really believe that I

can do this on my own, but I will be seeking

other counsel as soon as I can afford some, you

know.

THE COURT: All right. Well, we'll talk

about that some more.


THE COURT: And let's talk about you doing

it yourself. You have a legal right to

represent yourself.

THE DEFENDANT: Yes, sir.

THE COURT: And I don't -- I don't mean to

impugn your intellectual abilities when you say

can handle it yourself. No doubt you are as

competent as many others who have done so. But

given the nature of the charges against you and

the severe penalties that are --


THE COURT: -- it would be my advice that

you try to find other counsel. You would be

putting yourself, in my view, in great peril in

representing yourself.

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THE DEFENDANT: And I realize that, Your

Honor, and it would be my desire to seek other

counsel. Unfortunately, they have to have a

retainer and money.

THE COURT: Well, and I know nothing about

your financial circumstances, and at the moment

I don't care to know anything about them, but

the fact that you haven't been able to post bond

would suggest that you're not a wealthy man.

THE DEFENDANT: By no means.

THE COURT: Have you considered applying

for public defender services?

THE DEFENDANT: We're not wealthy, but my

wife has gainful employment and I have some

income. I really don't know if I would qualify

for a public defender or not.

THE COURT: Probably not, based on what

you've told me.

THE DEFENDANT: Yeah.

THE COURT: The motion filed by Mr. Mutrux

recites, among other things, that you have

informed him on numerous occasions, multiple

occasions, that you had several attorneys

interested in working on the case. But I assume

all those want --

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THE DEFENDANT: Oh, yes, sir, and a lot of

it, too. The cheapest one I've -- you know,

fifteen -- ten, fifteen thousand dollars just to

come in.

And if -- well, we're not hearing the

surety right now. But if I could get out and go

to work, that wouldn't be impossible. But being

stuck in jail, it's kind of hard.

THE COURT: I understand.

Mr. Mutrux, is there any hope in your mind

that you and Mr. Weinhaus can patch up your

differences and resolve the conflict? I would

say from my perspective, and what limited

exposure I've had, you've been doing a very good

job in representing him. The case is set for

trial. It was set at your request so I'm loathe

to let you out.

MR. MUTRUX: And, Your Honor, I --

Mr. Weinhaus and I actually are on good terms.

I just feel like I've got a conflict that I

can't get around.

THE COURT: Well, of course, I don't expect

you to reveal anything to me that would be a

breach of your confidential communications with

a client so it's --

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THE DEFENDANT: She works for Pfizer, Your

Honor.

THE COURT: Can you tell me approximately

how much she earns?

THE DEFENDANT: Fifty grand a year.

THE COURT: You won't qualify for public

defender services.

THE DEFENDANT: Yeah.

THE COURT: That's for sure.

THE DEFENDANT: Of course, we don't have

any -- we don't have any money, but that's what

she makes.

THE COURT: Oh, I understand.

Mr. Mutrux, anything else you want to tell

me?

MR. MUTRUX: No, Your Honor.

THE COURT: Well, in light of the remarks

by both of you, I'm going to let you out. It's

rather reluctantly that I do so, but I'm not

going to make somebody stay in if they tell me

that there's an irreconcilable conflict of

interest. So your motion will be sustained.

MR. MUTRUX: Thank you, Your Honor.

THE COURT: Now, Mr. Weinhaus, you wanted

to talk about bond some more.

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THE COURT: All right. I'm going to let

you do that because we have some time, but I

will say this: The State was not given notice

that you were going to be arguing this motion

today. And at least if they were given notice,

I'm sure it wasn't any more than I got, so if

they request additional time to respond to your

arguments, I will give them that.

THE DEFENDANT: Well, Your Honor, I did

notice them on -- I mailed it on Monday, Monday

afternoon, and they should have received it

Tuesday.

THE COURT: Well, it got here yesterday

so --

THE DEFENDANT: Well, yeah, the courthouse

was closed yesterday -- I mean, Tuesday.

THE COURT: Right. So that's not much --

even if they had gotten it Tuesday, that's not

much notice in the world of --

THE DEFENDANT: It's very simple, Your

Honor.

THE COURT: All right. Well, let's hear

what you have to say.

THE DEFENDANT: Your Honor, what I had

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asked for is either be released on my own

recognizance or a surety bond be set so I could

go out and retain counsel. Being in the jail,

it certainly prohibits me and it's very

difficult to be able to mount a defense if I

have to do this on my own. There is limited

access to things I need. Obviously, in my own

hand -- you can see my writing is atrocious.

THE COURT: I'm glad you recognize that.

THE DEFENDANT: Yes, sir. But being in the

jail, phone calls are cost prohibitive. There's

limited access to -- no privacy whatsoever.

Your Honor, I've never missed a court date

in my 25 years of coming to court. I've turned

myself in to go to jail now five times. I've

never been convicted of a felony.

You have my word I will be nonviolent as I

have been all my life. And I really feel that

there is no reason why I can't have the surety

bond. I've never had any propensity to commit

violence.

And I would just ask the Court to

recognize -- there is a 50,000 cash only bond.

If there's any concerns about my violent

tendencies or whatever, if I had $50,000 I could

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be out of here today and out of these handcuffs.

Unfortunately, I cannot put my hands on that

kind of money right at this time. I do have

some avenues I can go down if I was not

incarcerated. And I really believe that the

whole point of a bond, and correct me if I'm

wrong, is to ensure an appearance in court.

It's not to impose a sentence upon somebody.

THE COURT: That is certainly the

primary -- it's not the sole purpose. But

you're right, the primary purpose is to ensure

appearance so you're correct.

THE DEFENDANT: And I would guarantee to

the Court, and obviously a bonds person would,

too, if I was able to post a surety that I would

appear in every circumstance. And like I said,

my main concern of getting out of here would be

to go to find some funds so I could retain

counsel. And once I was out, then the time

factor of the trial would not be as pressing.

Obviously, while I am incarcerated, I would need

to do this as fast as I possibly can. I feel

that I am innocent of the charges, and I don't

feel a three-day trial would be necessary with

my motion to dismiss. You can see kind of the

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tact I'm taking with my defense, and I think

that could be heard in an afternoon. I don't

know how long it takes to seat a jury, but.

THE COURT: Which brings up another point.

That's the reason you don't want to represent

yourself, Mr. Weinhaus, because you don't know

anything about --

THE DEFENDANT: No, no, I'm totally

ignorant.

THE COURT: Okay.


THE COURT: All right. Well, I understand

your concerns. I will take another look at the

file and reconsider what's gone on up to this

point. But in the meantime, and I hope to

rule -- it will probably be the first part of

next week before I can do it. But in the

meantime, I would, if I were you, redouble my

efforts to try to figure out some way to get a

lawyer hired.

THE DEFENDANT: Well, Your Honor, it's just

a matter of being able to reach out and touch

somebody, and I can't really do that while I'm

incarcerated.

THE COURT: There may be -- and I don't

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know what Mr. Mutrux's motives were, but there

may be attorneys out there that would do it for

nothing, just for the publicity. I don't know.

THE DEFENDANT: Well, Your Honor, perhaps

there is -- or there are. But in the meantime,

like I said, a surety bond -- I don't understand

why at this point in time I haven't been offered

that. I read the papers every week, and I see

people coming in and out of this -- you know,

out of the system here with certainly more

offenses than I have had and they're offered

that. I don't see much consistency with the

prosecuting attorney's wanting to -- where he

comes up with bond amounts and this and that.

But, Your Honor, you have my word if you

were to rule today on a surety bond that I would

get out of here and go to work attempting to

find someone to represent myself.

THE COURT: When you say "go to work," what

do you mean?

THE DEFENDANT: Well, I publish a

newspaper. I have lawsuits, I feel, that are --

that could be brought, and I would try to shop

those lawsuits around and go talk to my

advertisers. I have 75 or 80 different

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advertisers who advertise with me, and I could

go to them seeking funds. I have no idea of

their phone numbers while I'm in here. I can't

access my website, but there are people I can

contact. I've put together a list of 150 people

who I've had business dealings with in the past

who I could approach. And those people, they

have the wherewithal to be able to come up with

the money necessary for at least me to retain an

attorney. So, I mean, there is hope out there

if I could just get out there and touch them.

THE COURT: Okay.

Mr. Parks, I've heard the State's argument

already regarding bond. Anything new you want

to add? I don't want to hear the same argument

because I've heard it already.

MR. PARKS: No, Your Honor. As the

defendant has said, his wife is out. She can

make contacts for him. She can make telephone

calls. She can contact attorneys for them.

The State does not feel that there is any

need for any further bond reduction.

THE DEFENDANT: Your Honor, if I may, my

wife works forty to fifty hours a week. She is

in a 13-day stretch of working ten hours a day

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right now. She barely has time to attend to her

own affairs. And keep in mind that I'm no

longer in the household. So whatever I did

there, now she's having to do. I have spent,

since I've been in this jail, well over a

thousand dollars on phone calls at 50 cents a

minute, and it was higher than that. They did

lower the rates, but they're still -- it's cost

prohibitive.

And the State has pretty much maintained if

I had $50,000 I am not a danger to the

community, but being as I'm indigent and a poor

person now, I am a threat to the community. So

I don't really see the logic of that. I believe

it is just a punitive punishment that I'm having

to endure. I've been in custody now over a

hundred days, and I haven't hurt anybody. I

haven't harmed anybody. I haven't caused

anybody a loss.

And whatever you can do, Your Honor, it

would be much appreciated. I need to get out of

this bag I'm in today and be able to go forth

and do what I've got to do. If -- if -- you

know, the State reserves the right to come get

me any time. I will submit to a GPS monitoring

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or even house arrest. I live here in the

county. I've been here going on four years.

And, you know, I just need to get out to where I

can make some phone calls and have access to the

Internet.

MR. PARKS: Well, and Your Honor, that's

one of the problems that brought us here was

access to the Internet. And if the Court is

going to consider any bond reduction in this

case, the State would strenuously ask that the

defendant be restricted from doing any

podcasting or going on the Internet to publicize

anything about this case.

THE COURT: See, you two both have me at a

disadvantage. I know blessedly nothing about

what went on that led up to this case, which is

the way I like it.

THE DEFENDANT: Well, I could -- I could go

over it real briefly, you know.

THE COURT: Well, again, I prefer to learn

from the evidence what happened, not from

hearsay or rumor or newspaper accounts --

THE DEFENDANT: Well, and --

THE COURT: -- but if you want to tell me

something at your own peril, understand --

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THE DEFENDANT: Well, yes, sir. And if you

would just go to my motion to dismiss.

THE COURT: I've looked at it.

THE DEFENDANT: Okay. That's basically it

in a nutshell. And if it pleases the Court, I

will submit to a gag order. I guess that's what

Mr. Parks is actually going to try this in the

court and not in the public opinion.

THE COURT: That -- that would be -- if

indeed I do anything different on the bond,

which I'm not certain I'm going to do, but if I

do, based on Mr. Parks' request and your consent

to that, that would be certainly a critical

element of any --

THE DEFENDANT: Yeah, I mean, I feel that

the merits of the -- you know, of my defense are

such that, you know, it can be tried in a

courtroom and not in public opinion.

THE COURT: All right. Well, that will

conclude today's record. Thank you all very

much, and I will make a ruling early next week.

I have to be in Gasconade County tomorrow and

then Monday's a holiday. So it will be Tuesday

or Wednesday of next week.

THE DEFENDANT: And how would I know that,

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sir?

THE COURT: You'll be notified one way or

the other, I am confident.

THE DEFENDANT: Okay. Well, I appreciate

your time.

THE COURT: Thank you. That will conclude

the record. Court is adjourned.

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FEBRUARY 21, 2013, PROCEEDINGS

THE COURT: We're calling on the record

Case No. 12AB-CR02409-01, State of Missouri vs.



defendant is present in person and without

counsel.

We're here today to take up the State's

motion for evidentiary hearing as to the pending

bond motion, which was heard at least in part on

February 14. In addition, the defendant has

filed a number of pro se motions since that

time. And after we hear the State's evidence,

we'll at least look at those to determine what,

if anything, needs to be done today.

Is the State ready to proceed?

MR. PARKS: The State is ready, Your Honor.

THE COURT: Mr. Weinhaus, are you ready to

proceed?

THE DEFENDANT: Your Honor, a few things

before we get going here. It has just become

aware to me about the -- you know, I had a

lawyer before. I just realized what the charges

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up a copy of the indictment.

THE DEFENDANT: Well, I don't know what

she's done. I really haven't been able to talk

to her very much. We don't have money to buy

phone calls, but --

THE COURT: That's what -- I'm sorry. She

picked up a copy -- I think it was the search

warrant. I apologize. That's right.

THE DEFENDANT: Okay. I mean, I did get a

copy at the jail the other day, which I've

attached to the habeas corpus thing. I don't

know if you got that or not.

THE COURT: I did. That's one of the

things we'll look at after we hear the State's

argument on the bond issue.

THE DEFENDANT: Okay. That's -- and,

hopefully, if we get a bond, then I can hire a

lawyer and go from there.

THE COURT: All right. We'll come back to

that, but certainly you're entitled to know what

you are charged with. In brief summary, there

was an indictment filed on November 28, 2012,

that contained eight counts. Is that what you

have seen?


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THE COURT: Okay. All right.

THE DEFENDANT: But, yeah, some of the -- I

guess, the wording of them I really don't

understand. Because the way I'm reading it, it

almost sounds like I shot somebody.

THE COURT: Well, as I look at it now, I

assume that you're talking about Count IV.

THE DEFENDANT: Yeah, Your Honor, I'm

having trouble getting to it with the -- being

locked up.

THE COURT: IV and VI, and what they're

saying, Mr. Weinhaus, is that you attempted to

kill or cause serious physical injury to

Officer -- to an officer by shooting. It says

you attempted to do so. It doesn't say you did

it.

THE DEFENDANT: Oh, okay. Well, yeah, the

way I was reading it is if -- like by attempting

to shoot him -- I'm trying to find it here.

Bear with me, Your Honor.

THE COURT: What it says is, you attempted

to kill or to cause serious physical injury to

an officer by shooting him. Attempted to do so

by shooting him.

THE DEFENDANT: Well, Your Honor, I guess

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file and should have it to the defendant by

tomorrow or the first part of next week.

THE COURT: Does that include all the

discovery?

MR. PARKS: Yes, Your Honor.

THE DEFENDANT: And, Your Honor, also I

have -- made a motion for discovery on the --

while I'm at the jail they're video taping me

and audio taping me. So I would need all those

video and audio tapes as well.

THE COURT: Well, again, you need to file

your motion, and if there's an objection by the

State, then we'll argue that.

THE DEFENDANT: Okay. Well, I have that

right here, Your Honor, and I'd like to.

THE COURT: Okay. So how many new motions

do you have with you today that you're --

THE DEFENDANT: Well, just the motion for

discovery actually.

THE COURT: Okay.

THE DEFENDANT: And I do have copies of

that.

THE COURT: All right.

Would you bring me copies of his motion or

the original?

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THE BAILIFF: Yes, sir.

THE COURT: And then do you have a copy for

Mr. Parks as well?

THE DEFENDANT: Yeah, I do. If I can find

it here. Bear with me, Your Honor.

THE COURT: That's fine. Take your time.

Nobody's going anywhere very fast today.

Just out of curiosity, Mr. Weinhaus, have

you been able to talk to an attorney yet?

THE DEFENDANT: No, I haven't actually been

able to talk to one. I can't get them to

actually come to the jail. We've been talking

to -- I talked to Scott Fulford at one time, and

we've discussed a few things. But I was hoping

to get him to come over to the jail. And then I

also talked to -- we have an appointment to talk

to Steve Weir and -- and so we're working on it,

and I've got a few other people we've tried

to -- you know, I've got a call in to Eckelkamp

& Kuenzel or whatever his name is.

THE COURT: So you are making efforts at

least to --

THE DEFENDANT: Yeah, yeah. We're trying

to get something done, you know.

THE COURT: Okay. That's good. All right.

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Well, let's go forward. Mr. Parks was the

one that requested this hearing today. So let's

hear what evidence Mr. Parks cares to present.

Mr. Parks, you may proceed.

MR. PARKS: Thank you, Your Honor. Your

Honor, the Court stated that at our last hearing

that it's not familiar with this case. At this

time I would like to play State's Exhibit No. 1,

which is the original podcast from August 17,

2012, made by the defendant and put out over the

Internet.

THE COURT: Very well.

THE DEFENDANT: Your Honor, I would object

to that.

THE COURT: On what grounds, Mr. Weinhaus?

THE DEFENDANT: I haven't -- I was -- I've

been shot four times, and I'm not familiar with

all the texts. I did make it, but my memory

just isn't what it once was. So if I could view

it first and see where he's coming from or.

THE COURT: How long is it, Mr. Parks?

MR. PARKS: It's about 16 minutes.

THE COURT: Mr. Weinhaus, do you think it

would be somehow beneficial to you to be able to

see it before I do? Or should we watch it at

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there?

THE DEFENDANT: Your Honor, it's probably

40 of them on there so, you know, I couldn't

actually tell you everything. But after seeing

that, I was reminded that that isn't the actual

one.

THE COURT: Well, do the captions say

something --

THE DEFENDANT: Well, the captions kind of

give you more information of what I'm actually

saying.

THE COURT: They don't say "just kidding"

or anything like that, I --

THE DEFENDANT: Well, yeah, kind of. I

mean, they're not really just kidding but,

obviously, I -- you know, Article I, Section --

I guess it is 8 -- is I have a right to free

speech.

Now, if I've said something that's

actionable, they can sue me. I don't think it

gives them the right to shoot me, but they

could, you know, find other ways to, you know,

remedy their -- you know, if I said something

that was libelous or slanderous, they have

actions. They can come into court.

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THE COURT: Mr. Parks, what are your

remarks?

MR. PARKS: Judge, this is the podcast that

the Missouri Highway Patrol took off -- this is

what led to the investigation by the State

Court's Administrator, by the Governor's Office

calling the colonel at the Missouri State

Highway Patrol asking for an investigation into

this matter. And this is what led to the

Criminal Investigation Division coming into

contact with Mr. Weinhaus. His threats against

the system.

THE DEFENDANT: And, Your Honor, that's all

news to me, too. Like I said, I haven't had the

discovery. I believe that podcast and the

Criminal Investigative Division of the Highway

Patrol came up there because I was trying to run

for -- I was actually running for coroner in

Crawford County, and these people are out of

Crawford County, the ones that shot me. And I

don't know anything about the Governor's Office

calling or whatever. I do do this paper in

Jefferson County. Governor Nixon is from

Jefferson County. Very well could be. But I

believed it to be a personal vendetta, why they

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THE DEFENDANT: Well, that's really --

THE COURT: Mr. Weinhaus, let mr. Parks --


MR. PARKS: No further remarks, Your Honor.


THE DEFENDANT: And, Your Honor, I would

like to introduce this as evidence. This is

a -- the original indictment, the original

warrant, and I believe there's a section in

here, The Court further finds reasonable grounds

to believe the defendant, who is charged with a

misdemeanor offense, will not appear if summoned

or is a danger to the crime victim, the

community or any other person. And it's not

checked.

THE COURT: Let me see the document.

Mark, have the court reporter mark that as

Defendant's Exhibit A.

THE DEFENDANT: And if I was --

THE COURT: Hold on. She can't mark and --

(Defendant's Exhibit No. A was marked

for identification.)

THE COURT: All right. Mr. Parks, do you

have any objection to this being admitted?

MR. PARKS: No, Your Honor. It's part of

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the court file.

THE COURT: All right. Defendant's Exhibit

A for the purpose of today's hearing is an

arrest warrant signed by Judge Hoven on

September 11, 2012, and it was -- at that time

showed charges of two C felonies and one

misdemeanor.

And, of course, Mr. Weinhaus, what you

referred to says: If the cited offense is a

misdemeanor, and only one count was a

misdemeanor. The other two were felonies. So

that only pertains to a misdemeanor only

warrant.

THE DEFENDANT: Well, and another thing I

would have to say as well, Your Honor. That

video came out on August 17. I've been doing

these videos for the last seven, eight years.

I've been publishing a paper for 16 years. I've

never hurt anybody. I've never caused injury,

loss or harm. I've been on the streets -- even

after I was shot four times, I was on the

streets for three weeks, never hurt anybody.

I come to court. I showed up at court on

November 1. I've never tried to run from the

law. I've always showed up, done my ability to

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be there.

There is no reason to believe that I am a

danger to anyone. I -- the way I do my videos

and the way I vent is to put this stuff out

there for the public to see. And, you know,

there's no reason for me to be in this

courtroom, I feel. I was the one who was shot.

I'm the one who is the victim of this situation.

I was exercising my free-speech rights.

And if Mr. Parks would have actually showed the

real video, the one that actually broadcast, you

would notice in that video saying, basically, we

don't want to do any violence. I'm not here to

do anyone any harm. If I was, I wouldn't put

videos out stating what my positions were. I

really truly believe, Your Honor, that the

United States Constitution and the Missouri

Constitution is in peril, and I believe that

it's just not good. I mean, what's going on in

this country, they totally ignore the

Constitution.

THE COURT: Mr. Weinhaus, how did you

distribute your podcast? By YouTube or was

there some other means --

THE DEFENDANT: Yeah, I put it on YouTube,

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and I have a my website, Your Honor, and that's

how I --

THE COURT: All right. I think you

mentioned the video displayed today, when it was

seen on YouTube, had captions?


THE COURT: Did it also have captions on

your web page?

THE DEFENDANT: Well, yeah, the -- what I

put on the web page is the YouTube video.

THE COURT: I see. And, Mr. Parks, are you

aware of whether or not there were captions?

MR. PARKS: No, Your Honor.

THE COURT: Mr. Weinhaus, I'm trying to

figure out some way that I could see the podcast

as originally disseminated but in such a manner,

of course, that you and the prosecution would

both see it at the same time. I don't want to

--

THE DEFENDANT: Do you have Internet access

here? We could pull it up on YouTube.

THE COURT: Well, I don't know technically

how -- we do, but how to achieve it, I'm not

sure at the moment. I'm not sure I want to get

into it today.

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MR. PARKS: It's about 30 seconds.

THE DEFENDANT: Again, if he's going to

play it, and then if he plays that, then he

needs to play the whole tape, and it's like 28

minutes.

You got that, Bob?

MR. PARKS: That's Mr. Parks, please.

THE DEFENDANT: Mr. Parks, please.

MR. PARKS: Okay, Your Honor.

THE COURT: Well, frankly, if it's 28

minutes, what --

MR. PARKS: Thirty seconds, the first 30

seconds is the actual arrest and shooting.

THE COURT: But he wants me to hear the

whole thing in context as I understand it.

THE DEFENDANT: Well, yes, sir, it would be

--

MR. PARKS: And the rest -- the rest of the

audio is just the officers getting him

medical -- bringing him medical assistance.

THE COURT: What other information do you

think is on there, Mr. Weinhaus?

THE DEFENDANT: Well, Your Honor, it also

indicates that I didn't draw my gun and it also

indicates a few other things, too. I've -- you

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know, I've only heard it one time. And there

again, you have to understand my -- my brain

capacity isn't what it once was. I was without

oxygen some half -- thirty minutes. Lost four

pints of blood. Was not able to finish my

cognitive therapy and still can't really think

like I should. But the first 30 seconds of it,

I would be more than happy to consent to letting

Mr. Parks play that.

THE COURT: All right. Then let's do that.

Again, we're not going to ask the court reporter

to transcribe it. It's available -- I assume

it's on a CD?

MR. PARKS: Yes, Your Honor.

THE COURT: All right. Mr. Parks, how was

this obtained? I mean, how did you come into

possession of what you're about to play for me?

MR. PARKS: Mr. Weinhaus's ex-wife turned

this over to the Missouri State Highway Patrol.

THE COURT: And how did she obtain it?

MR. PARKS: Mr. Weinhaus called her on the

day of the incident with his cell phone and this

is the open cell phone channel between Mr.

Weinhaus's phone and his ex-wife.


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(State's Exhibit No. 2 is published.)

THE DEFENDANT: Play that again, would you,

Mr. Parks?

THE COURT: What was your question, Mr.

Weinhaus?

THE DEFENDANT: If he could play that

again.

THE COURT: I would appreciate it, too.

(State's Exhibit No. 2 is published

again.)


MR. PARKS: Your Honor, in that video the

defendant was ordered by the Missouri State

Highway Patrol on several times to get on to the

ground. The defendant stated to them, You're

going to have to shoot me, and the gun -- and he

was shot.

Your Honor, I believe that these two videos

show a great propensity by the defendant to be

violent. They show that the defendant has no

regard or respect for the legal system, for the

court. As he said, he was running for coroner

and living in Franklin County.

THE DEFENDANT: I have a residency -- I

object to that, too, Your Honor.

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MR. PARKS: And, Judge, this is why we

placed a $50,000 bond on the defendant. A

search warrant was conducted on the defendant's

residence on August 22, 2012, in which the lab

report show that the material confiscated there

was both morphine and marijuana. An arrest

warrant was obtained for the defendant. When

the Highway Patrol went to try to serve the

warrant, the defendant was armed with a weapon.

The defendant refused to obey the commands of

the Missouri State Highway Patrol and basically

told the officers that he wasn't going to obey

and that they were going to have to shoot him.

Your Honor, I believe that this shows a

propensity for violence. It shows a propensity

for disrespect for the Court and for the

defendant not showing up at hearings.

I believe -- I have filed a motion in

circuit court, which was -- or in associate

circuit court, which was denied, for a

psychiatric examination of the defendant. The

defendant has said here today that he's not all

in his right mind, that he cannot remember

everything.

I believe that the $50,000 cash only bond

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is a reasonable bond in light of the seriousness

of the charges and in light of the defendant's

actions.

THE COURT: Mr. Weinhaus.

THE DEFENDANT: Your Honor, first of all,

concerning what he just played there, you will

notice -- if Mr. Parks would play that again.

THE COURT: Well, I think I have a pretty

clear memory. What is it you want --

THE DEFENDANT: Okay. Well, first of all,

you will notice my ex-wife saying I was there to

get my computers. The Missouri Highway Patrol

called me and said, Meet us up at this gas

station and we're going to return your property.

They never told me that they were there to

arrest me. They said -- they lied to me and

said that I was going up there to get my

computers back. That's No. 1. Okay.

No. 2, when I did show up there, I was

wearing a firearm.

THE COURT: Mr. Weinhaus, before we go any

further, you need to be careful what you say

because anything you say can still be used

against you.

THE DEFENDANT: Yes, sir, and I understand

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that, but let me just explain this to you, sir.

They lied to me to get me up there. I checked

Case.net right before I left the house. There

was no warrant showing. As matter of fact, the

warrant was actually issued at 1:00 in the

afternoon. I believe the shooting was like at

1:05. So I had no idea that there was a warrant

for my arrest. When I got there, they didn't

say, You're under arrest. They said, Get on the

ground. My response to that was, I'm here to

get my computers. If you want to -- I'm not

getting on the ground. I'm here to pick up my

computers.

You will also note that as soon as I said,

You're going to have to shoot me, they did.

They didn't say, Get your hands up. They didn't

say, Get your hand away from the weapon. Those

people had their safeties off and they were

ready to kill me, Your Honor. They shot me

twice in the chest and twice to the head. They

didn't shoot my arm. They didn't shoot my hand.

They were there to kill me. Now, you talk about

a propensity for violence. I'm not the one who

hurt anybody. I'm not one who acted out in

violence, Your Honor.

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no reasonable cause, and also the serving of the

search warrant and the execution of the

so-called arrest warrant was not lawful at all.

If you want to entertain that, I believe we can

make all these charges go away right now.

But in the alternative, I'm here either for

a surety bond or an OR bond, and I don't believe

the case -- the State has proven beyond any

doubt that I'm a danger to the community. I've

never harmed anybody and, you know, my weapon is

through the videos.

And that's all I've got to say today, Your

Honor, and I appreciate it.

THE COURT: Okay. Once again, I'll take it

under advisement, consider what I've heard here

today, the arguments and the evidence --

THE DEFENDANT: What's --

THE COURT: -- and make a decision.

THE DEFENDANT: Your Honor, when can I -- I

mean, I have -- can we hear the habeas corpus?

THE COURT: Well, Mr. Weinhaus --

THE DEFENDANT: I mean, Your Honor, I've

been in this jail for 110 days. I have children

I have to see. I've got -- I'm trying to find

lawyers. I can't get a lawyer in there.

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They're not giving me the opportunity to file

stuff -- file motions at the jail.

THE COURT: It looks to me like you've been

able to file motions. I think we've received,

including the one this morning --

THE DEFENDANT: But, Your Honor, you can't

read them --

THE COURT: -- five this week.

THE DEFENDANT: I can't see them. I mean,

I can't even read them hardly. I was denied to

file my motions for discovery yesterday.

I need to get out of here, and this waiting

is -- you know, and I appreciate, you know, but

I don't believe the State has -- can we hear my

motion to dismiss?

THE COURT: No, we're not going to take

that up today.

And a writ of habeas corpus, I don't --

again I can't give you legal advice, but you're

not really in my view using the writ in an

appropriate manner, but that's all I'll say on

that topic.

THE DEFENDANT: Well, the writ does provide

for you to be able to -- to bring one of -- and

I really believe that it's beyond any doubt that

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they're alleging is true.

I move this Court to dismiss these charges

on the basic premise of the warrant was no good

and it was not obtained under reasonable grounds

and also that the execution of the search

warrant and -- they also -- I have something I

would like to introduce in evidence here.

If you would mark that Exhibit B, sir. And

I haven't been able to --

THE COURT: Hold on, hold on. Again, she

has to mark the exhibit.

THE DEFENDANT: Yeah, and Mr. Parks does

not have a copy of it, sir.

(Defendant's Exhibit No. B was marked

for identification.)

THE DEFENDANT: The top paragraph is what

you want to look at, Your Honor.

THE COURT: Mr. Parks, do you have any

objection to this being admitted?

MR. PARKS: I don't know what all the

handwritten notes are.

THE DEFENDANT: It's basically internal

housekeeping at the jail.

(Mr. Parks reviews exhibit and shows it

to David Boehm.)

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MR. PARKS: No objection for purposes of

this hearing, Judge.

THE COURT: All right. B will be admitted.

And, Mr. Weinhaus, you say you want me to

pay attention to the first paragraph; is that

right?

THE DEFENDANT: Yes, sir, and I'll need a

copy of that, too, or the original back.

THE COURT: And what is it particularly you

want me to --

THE DEFENDANT: Well, Statute -- Revised

Missouri Statutes 43.200 concerning the serving

of a search warrant or application for a search

warrant, the execution of a search warrant.

The -- it is the obligation of the Missouri

State Highway Patrol to go to the Sheriff's

Department and get a designee to ride along with

them, and they failed to do so. Obviously, as

you can see, the sheriff has said that his

people were not there for the incident. So on

those grounds, I maintain that the search

warrant is not even valid.

And I don't really have a search -- a copy

of the search warrant in front of me, but if I'm

correct in stating the reason why they went to

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get this search warrant was because after a

half-an-hour interview, Trooper Folsom announced

that he smelled marijuana and that was the basis

and reason for the search warrant. But then

they come back with the search warrant and it's

all about obtaining my computers and cameras,

marijuana is on the last line. And also another

thing, too, morphine or any other pill, and

which I have prescriptions for, is not even

listed on the warrant. So that's -- I mean,

every charge that they've charged me with other

than the -- I mean, it's all based on that

search warrant and the search warrant is no

good.

THE COURT: Well, again --

THE DEFENDANT: So I mean -- I move this

court to dismiss this matter.

THE COURT: All right. That motion will be

denied. And again, Mr. Weinhaus, and I know you

understand this. I told you before and you've

told me you understand it, but you really need

an attorney because some of the things you are

raising if presented in an appropriate manner

with appropriate evidence might indeed benefit

your position in this case --

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THE DEFENDANT: Well, Your --

THE COURT: -- and it may not, but --

THE DEFENDANT: Your Honor, the only way I

can obtain an attorney is for me to get on the

street, and -- my wife, like I said, she works

45, 50 hours a week. She's got to maintain a

house by herself now. She doesn't have the

wherewithal to be able to come up with the funds

to even get me out of jail much less obtain an

attorney. The only way I can hire either Scott

Fulford or Steve Weir or someone else here

locally is to be able to get on the street.

Now, if I've got to be put under house arrest or

wear a GPS monitor, if there's got to be a gag

order, whatever it takes, but I cannot make -- I

mean, it's -- I spent a thousand dollars on

phone calls in that jail so far, Your Honor. We

don't have that kind of money. There's no

reason for me to be locked up. If the State

really believes I was a danger to the public, it

wouldn't be a $50,000 cash only bond. There

would be no bond. And I'm not a danger to the

public. I've never harmed anybody. I have no

propensity for violence. What happened to me on

that day was I was told to get on the ground,

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and when I didn't, they turned around and shot

me four times.

MR. PARKS: And that's because he reached

for the weapon on his side --

THE DEFENDANT: That's what --

MR. PARKS: -- to draw it --

THE DEFENDANT: -- they --

MR. PARKS: -- at the officer.

THE DEFENDANT: That is what he alleges,

and obviously he has to allege that or otherwise

this would not be a justified shooting. That's

what they say but, Your Honor, you will note in

that video I didn't have time to do anything. I

didn't reach for my weapon. When -- also

another thing, too. If he would have played the

whole video tape or audio tape, I would -- you

would note also in there, they say, Where's his

gun at? Is it still in the holster? My gun

never left my holster. I never put my hand on

the gun. That was an order to take my hand off

the gun. You know, the only reason the State

alleges what they're doing is to -- is to save

them millions of dollars, because the bottom

line is that Trooper Folsom overreacted and

acted in excessive force. And he's been allowed

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to get away with practically murder. Why am I

the one in handcuffs? He's the one that should

be in handcuffs. I didn't hurt anybody. There

is no victim in this matter, Your Honor.

MR. PARKS: And that's why we're asking for

the bond because of the threats that the

defendant --

THE DEFENDANT: Okay. Well, let's --

MR. PARKS: -- keeps making against

Sergeant Folsom and Corporal Bentez (phonetic).

THE DEFENDANT: Well, if that's -- it's

Mertens.

But also, another thing, too, if that was

truly the case, then why -- you know, if I had

$50,000, I'm not a threat to this public? Now,

the Constitution of this -- Missouri says that I

have a right to a surety bond. The State has

not proved beyond -- they have not proved at all

that I'm a danger to anybody. And it also says

--

MR. PARKS: He does not have a right to a

surety bond. He has the right to a bond, which

has been set by the Court.

THE DEFENDANT: Okay. So is he --

MR. PARKS: And, Your Honor, you can see by

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the defendant's demeanor, this is what we're

afraid of. He's radical. He loses his temper.

We don't know what he's going to do. We do know

that he was capable of coming to the scene with

a weapon, to not obeying the commands of the

Highway Patrol, to reaching for his weapon which

caused him to get shot.

THE DEFENDANT: Your Honor, excuse me my

indignation, but I'm fighting for my life here

for the second time. Okay. Mr. Parks has

not -- failed to do his job by not bringing

charges against these officers. It is very

clear beyond any doubt. There is videotape of

this. Why is he not playing it?

THE COURT: What makes you think there's a

videotape of it, Mr. Weinhaus?

MR. PARKS: Where is it?

THE DEFENDANT: Well, you know what --

well, that's a good question, Mr. Parks. I had

a camera set up in my car, Your Honor. I had a

camera on my watch -- I had a watch that's a

camera as well. All right. So where are all

those items? You're telling me that you got six

or eight cops around that place when this all

went down, all right, and no one videotaped it.

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arrest. Sergeant Folsom, as soon as I exited

the car, he starts questioning my right to own a

firearm, to carry a firearm. Article I, Section

23 of the Missouri Constitution states that my

right to wear -- to own a fire- -- to bear arms

shall not be questioned. So he's right off the

bat questioning my right to -- I mean, is the

Constitution even applied today?

THE COURT: It certainly is.

THE DEFENDANT: Okay. Well, then Article

I, Section 20, of the Missouri Constitution says

I have a right to a surety bond. Article I,

Section 21, says that excessive bonds is -- are

cruel and unusual punishment. I was shot. I

came -- I surrendered myself to this court. I

walked into this court on November 1 while I was

in the middle of my treatment. My treatment was

delayed and then all the sudden they take me to

their doctors and I don't need to be treated

anymore. I had treatments scheduled. You know,

I -- it's a miracle of God, you know, that I'm

even still alive. I don't know how many people

can take two to the chest and two to the head

and -- .40-caliber hollow-point bullets at point

blank range -- and are able to survive.

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THE COURT: I understand, but that's

not for today --

THE DEFENDANT: And, Your Honor, God bless

you. I appreciate your time and letting me have

this opportunity, but like I said, I'm fighting

for my life here.

THE COURT: I understand that. I

understand.

THE DEFENDANT: And, you know, excuse me if

I get a little excited about it, but this --

Mr. Parks has no basis for any of these charges.

He is trying to save the State millions of

dollars by bringing these charges. He is not

going to be able to prove to any jury that what

I did was -- raised to the charges of what I've

been charged with. You know, their search

warrant is no good. I've proved that. I've

proved it beyond a reasonable doubt. And, Your

Honor, I'm just asking for you to make a

decision right now for me to have a surety bond

and open this bond up to where I can -- you

know, if I had the $50,000, I wouldn't even be

here arguing today. So that kind of destroys

the State's whole case now. I'm such a danger

to the community. I'm a danger to the community

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know.

THE DEFENDANT: Well, Your Honor --

THE COURT: We're off the record.

(Recess.)

THE COURT: We're going back on the record

now. In fact, we're going to call the case

again specifically for the purposes of formal

arraignment.

We're back on the record in Case No.

12AB-CR02409-01, State of Missouri vs.



defendant is present in person and without

counsel.

Before going on the record, the defendant

has requested that we arraign him today despite

the fact that he does not have counsel.

Is that correct, Mr. Weinhaus?

MR. WEINHAUS: Yes, sir, Your Honor.

THE COURT: All right. Mr. Weinhaus, as

I've indicated to you earlier, the State has

filed an eight-count indictment against you.

Count I charges you with the class C felony

of possession of a controlled substance. The

State alleges that you in violation of

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Section 195.202 of the Revised Statutes of

Missouri committed the class C felony of

possession of a controlled substance, punishable

upon conviction under Sections 558.011 and

560.011 of the Revised Statutes of Missouri, in

that on or about August 22, 2012, in Franklin

County, Missouri, you possessed morphine, which

is a controlled substance, knowing of its

presence and nature. Do you understand those

allegations?

MR. WEINHAUS: No, sir, I do not. I do not

understand that nor do I stand under that

charge.

THE COURT: All right. Well, as I

indicated, until you can understand the charges,

I can't really arraign you, because ultimately

the arraignment is for a plea of guilty or not

guilty.

MR. WEINHAUS: Well, I will do this much.

I will plead not guilty, and like I said, I move

this Court to dismiss these charges.

THE COURT: Well, the motion to dismiss

will be denied, but I --

MR. WEINHAUS: On what grounds, Your Honor?

THE COURT: Because I don't find it has

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merit, period.

MR. WEINHAUS: Okay. Well, I mean, does

the State -- does the statutes of the State of

Missouri apply? You know, I'm -- my goodness,

they didn't have a man there when they -- the

State Patrol didn't follow the law.

THE COURT: We're not here to have an

evidentiary hearing or a trial. That's what --

you're getting the cart before the horse, Mr.

Weinhaus. You're trying to try this case based

on your comments, not evidence. We're not here

for a trial. This is not a trial.

MR. WEINHAUS: I think, Your Honor -- I

believe I just admitted evidence into that.

THE COURT: That doesn't prove your

innocence by any means, Mr. Weinhaus.

MR. WEINHAUS: Well, it proves that the

State didn't have the -- I'm sorry, Your Honor.

I mean -- just -- I'm frustrated because I've

sat in this jail for 120 days or whatever --

THE COURT: I've heard that argument

already, Mr. Weinhaus. I don't want to be rude,

but you're repeating yourself over and over and

over. I've heard it, and I understand it.

MR. WEINHAUS: But I -- okay.

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MR. WEINHAUS: Yes, sir.

THE COURT: Do you feel you understand the

charge then?

MR. WEINHAUS: Well, do I understand the

charge? I mean, I don't really -- I'm not clear

what understanding actually means. Do I stand

under that charge? I mean, am I guilty of that

charge?

THE COURT: That's not what I'm asking you.

I'm going to give you -- once I think you

understand the charge, then I'm going to ask you

how you plead, guilty or not guilty. It will be

very clear when I ask you the question, but

that's not what I'm asking you yet. First, I

want to know whether or not you understand what

they claim you have done. Do you understand

their allegations?


THE COURT: How do you plead, guilty or not

guilty?

MR. WEINHAUS: Not guilty.

THE COURT: Very well. Count II charges

you with the class C felony of tampering with a

judicial officer. The State alleges that you in

violation of Section 565.084 of the Revised

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Statutes of Missouri committed the class C

felony of tampering with a judicial officer

punishable upon conviction under Sections

558.011 and 560.011 of the Revised Statutes of

Missouri in that on or about August 17, 2012, in

Franklin County, Missouri, you with the purpose

to harass or intimidate Judge Kelly Parker, a

judicial officer, in the performance of his

official duties, tampered with that officer by

threatening to try and execute Judge Kelly

Parker for treason.

Again, do you understand what they say

you've done? Not did you do it, but do you

understand their allegation?

MR. WEINHAUS: Do I understand? No, I

don't understand it because I didn't hear

anything about Kelly Parker even mentioned in

the video.

I mean, where did you come up with that at?

THE COURT: I'm not saying, did you do it.

They might have said you threatened Santa Claus.

That's not the question. Do you understand what

they claim you did? They claim that you

threatened Kelly Parker, not whether they have

evidence of it. That's --

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THE COURT: Do you understand?

MR. WEINHAUS: Yes.


guilty?


THE COURT: Very well. The defendant

enters a plea of not guilty.

As to Count III, they charge you with a

class A misdemeanor of possession of up to

35 grams of marijuana. They allege that you in

violation of Section 195.202 of the Revised

Statutes of Missouri committed the class A

misdemeanor of possession of a controlled

substance punishable upon conviction under

Sections 558.011 and 560.016 of the Revised

Statutes of Missouri in that on or about

August 27, 2012, in Franklin County, Missouri,

you possessed marijuana, which is a controlled

substance, knowing of its presence and nature.

Do you understand --


THE COURT: -- the allegations?


THE COURT: How do you plead, guilty or

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I did.


--


THE COURT: Let me finish. How do you

plead, guilty or not guilty?


THE COURT: Thank you.

Count V charges you with the unclassified

crime of armed criminal action. The State

alleges that you in violation of Section 571.015

of the Revised Statutes of Missouri committed

the felony of armed criminal action punishable

upon conviction under Section 571.015.1 of the

Revised Statutes of Missouri in that on or about

September 11, 2012, in Franklin County,

Missouri, you committed the felony of attempted

assault of a law enforcement officer charged in

Count VI, all allegations of which are

incorporated herein by reference, and that you

committed that felony of an attempted assault of

a law enforcement officer by, with and through

the knowing use, assistance and aid of a deadly

weapon.

Now, since they refer to the next count,

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before I ask you whether you understand this

count, let me go to Count VI.


THE COURT: Count VI charges with a class A

felony of attempted assault of a law enforcement

officer in the first degree. They allege that

you in violation of Section 565.081.1 of the

Revised Statutes of Missouri committed the class

A felony of assault of a law enforcement officer

in the first degree punishable upon conviction

under Section 558.011 of the Revised Statutes of

Missouri in that on or about September 11, 2012,

in Franklin County, Missouri, Corporal Mertens

was a law enforcement officer, that you knew

that Corporal Mertens was a law enforcement

officer, that you knew that Corporal Mertens was

a law enforcement officer and that you attempted

to kill or to cause serious physical injury to

Corporal Mertens by shooting him.

With regard to Count VI, do you understand

what they claim you did?


THE COURT: How do you plead, guilty or

not --


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THE COURT: -- guilty?

And referring back again to Count V since

it incorporated the allegations of Count VI, do

you understand on Count V as to the armed

criminal action what they allege you have done?

MR. WEINHAUS: Why is that one not

classified, and the other one is?

THE COURT: It's just the way the statutes

are written. Some felonies are classified A, B,

C or D. Others are unclassified. Armed

criminal action is not a classified felony.

It's just the way the statute is written.

MR. WEINHAUS: The way I read the other one

was classified as something.

THE COURT: Count VI is a class A felony,

but the Count V, armed criminal action, which is

a separate crime, the armed criminal action

itself is not a classified felony.


THE COURT: All right. Do you understand

the allegations of Count V?



guilty?


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interfering with an arrest for a felony. They

allege that you in violation of Section 575.150

of the Revised Statutes of Missouri committed

the class D felony of resisting an arrest

punishable upon conviction under

Sections 558.011 and 560.011 of the Revised

Statutes of Missouri in that on or about

September 11, 2012, in Franklin County,

Missouri, Sergeant Folsom and Corporal Mertens

were law enforcement officers, they were making

an arrest of you for possession of a controlled

substance and that you knew or reasonably should

have known that they were making an arrest, and

that for the purpose of preventing the officers

from effecting the arrest, you resisted the

arrest of yourself by using or threatening the

use of violence or physical force. Do you

understand the allegations?

MR. WEINHAUS: Yes, sir, I do.


guilty?


THE COURT: Very well. The defendant has

entered pleas of not guilty to all eight counts,

and the record will so reflect.

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Brenda L. Schmelz, CVR-M, CCR No. 1267, Official Court Reporter, Div. I, 20th Judicial

Jeffrey Weinhaus Feb 2013 Proceedings TX

Documents

Transcript of Jeffrey Weinhaus Feb 2013 Proceedings TX