(In the call is the Judge Reed Parkin, Prosecutor Jake Summers, Russell's lawyer HD Gailey, and Russell.)
(After fixing technical problems)
Judge: I can hear you now council, how are you doing?
HD Gailey (Russell's lawyer): Oh, I'd complain but what's the point? It never helps.
(Russell robotically nods)
Judge: Well that sounds like, negative!
HDG: (Laughs loudly) Ahhh, yeaaahhh....
Judge: We always listen, you know that.
HDG: I know but! Mr Summers can't solve my problems the way I wanted him to. (Laughs uncomfortably)
Judge: Those darn stubborn prosecutors, heh.
HDG: Isn't that the truth.
Judge: So uh, who is your client?
HDG: I have uh, Russell Greer sitting right next to me.
(Russell nods)
Judge: Alright.
HDG: Alright first we have a proposed resolution set for pre-trial plea-in-abeyance.
Judge: What's anticipated, council?
HDG: It's anticipated that he's going to be entering a no-contest plea to Count 1: Electronic Communication Harassment as a Class B, to be held in abeyance for a period of 12 months. Uh, the terms of the abeyance will be no new violations of the law, that he would have no contact with the victim in this particular case, Erika Albino, for the duration of that 12 months, which he's happy to comply with that.
(Russell doesn't look happy)
HDG: And then, uh, a plea-in-abeyance fee of 680 dollars. Now we anticipate he'll probably be paying about 50 dollars a month but if we could just make that due and payable at the end of 11 months.
Judge: Okay so 50 won't quite have it done and paid for so you've got to pick up the pace at some point.
HDG: Right, right.
(silence)
Judge: Alright, Mr. Russell Greer to the charge of Class B Electronic Communication Harassment, how do you plead?
Russell: No contest.
Judge: Understanding you plead no contest to this charge you do so by giving up your right to have a trial.
(Russell tries interrupting)
Judge: You've given up your right to present any evidence to the court or cross examine your accusers, and now you expose yourself to the fines and sanctions of the court. And you're not being sentenced on this, but if you were to be sentenced on this, for losing this agreement, it could include jail time, up to 180 days in jail, fines and fees up to 1,900. Knowing this you still want to go forward with your plea?
Russell: Nuh-uh-yess your honor.
Jake Summers: Your honor?
Judge: Yes?
Summers: Before we get too far down the road, do you think the victims' attorney might be present on this WebX as well? I don't know that they'd been added as a panelist.
Judge: So who have you earmarked that to be?
Summers: I see that someone listed as Based Skordas? I don't know if that's uh, Mr. Skordas's law office.
Judge: Let's bring them into the meeting, and thanks for that observation Mr. Summers.
(HD Gailey mutes his microphone and turns to Russell, he says something that can't be heard and Russell nods enthusiastically)
Judge: Mr Skordas if you can turn on your microphone or change your settings. Click on the black circle, three white dots, and allow the court to hear your microphone by changing your settings.
(Silence)
(Judge holds an instruction sheet in front of the camera)
Judge: If you can see the court's video, look at this diagram on the video and change your settings following this button right here.
(Silence)
(Russell says something to HD Gailey, sounding like "Can you write me a note", Gailey repeats "Write me a note?" Russell says "Yes" and something else before being interrupted by the judge)
Judge: Attorney Skordas, if you want to be heard from the court you'll need to change your settings by going to your settings buttons under 'More Options', it's a black circle with three white dots, and change the settings to give permission to the court to see and hear you.
(Silence)
(Russell and Gailey continue to discuss, but their mic is muted)
Summers: Your honor I'm fine at this point moving forward, thoroughly given the opportunity for, if that is the Skordas Lawfirm.
Judge: It's unknown.
Summers: So...
Judge: Alright Mr. Greer, let's continue on, a plea abeyance is being offered to you the client, I have those terms written down, does he still want to go forward knowing that the potential punishment if he loses this agreement it includes the possibility of jail time.
HDG: Yes your honor, this has been explained to him, he still has decided to go forward.
Judge: Ok and listening to the terms of the agreement the court has penned a plea-in-abeyance contract for the parties since we're doing it by way of WebX here today, the court dismisses Count 2 on the plea negotiation. Enters the plea, did he enter a plea of no contest or guilty to Count 1?
HDG: No contest, your honor.
Judge: Ok, the court approves the plea-in-abeyance, terms are these: First for 12 months, starting today, you can have no further violations of law. You are to pay a fee to the court to that of 680, and you are to have no contact with Erika, and can you spell the first and last name of the victim in this case, council?
HDG: It's Erika, E-R-I-K-A, last name Albino, A-L-B-I-N-O.
Judge: And there is to no contact with Erika Albino during contract. Understand that if you honor this contract, your charge is dismissed, if you dishonor the contract, it leaves the agreement and you could be sentenced.
(Russell nods)
Judge: Ok and council you want payment in full, 11 months from today, so uh 5/22 of 2021, even though he can choose to make payments between now and then, but all has to be paid by May 22nd of 21. Is that your request?
HDG: Yes your honor I just want to give him the flexibility with his agreement.
Judge: Alright you can appeal or withdraw your plea on this contract if you give written notice back to this court within 28 days. Mr. Greer any questions?
Russell: No, your honor.
Judge: Council, any questions at all?
HDG: No, just trying to figure out... yeah. There's something different about your sign in process than with the other courts I'm dealing with, so, I'll figure something on my end. But thank you Judge.
Judge: Hey would you do me a favor?
HDG: Yes.
Judge: Can you recognize what those might be?
HDG: It has to do with the way I'm getting the invitation or signing up, they kept asking me to be an attendee and not a participant. And is that something that you click over on your end? Like, you make me a participant?
Judge: So, anyone that enters this event now, if courts are still using the old WebX meetings, but they shouldn't be, all the courts should be using an Advance, and Advance is a public hearing place, so everyone joins and registers in by giving a, signing in from registration, they become attendees. I call their name, we change their classification status from attendee to participant. .
HDG: So it's, it's on you then.
Judge: It's all on the court's end.
HDG: Then that's great, then I don't have any problems on my end. Becoming an attendee was very simple and basic, it's the idea that I can't interrupt and try to jump in front of Greg Skordas, or something like that.
Judge: And that's why you're an attendee until the court moves you into a different status as a participant. And once you're a participant status, we still can't hear or see you, and no court can see and hear you until you change your settings, that allows permission for the microphones to be heard.
HDG: Right, that, that's not necessarily a problem, I get that.
Judge: We do send links to some individuals to make them participants, a panelist all the time. The city prosecutor, public defender, it's a click on an e-mail link, they're automatically a participant. If they click on the public link then they're an attendee then they need to be granted permission to change their status.
HDG: I don't know how much we want to go in that. That might go in to Mr Summers head about him being more important than say, myself, and we can't have that, Judge.
Judge: Yeah.
HDG: (Laughs)
Summers: Yeah, don't worry because I've been doing it the wrong way, I've been joining through the court link.
HDG: (Laughs) I would say, based off of that understanding, I don't see any errors in the way I was told to set it up. It was more this idea I can see them I can see what they're talking about, how do I become a participant, and-
Judge: So council, there's the last instructions I have for your client. And that is, the plea-in-abeyance contract will only take effect once he signs it, so can he stop by the (Olden??) Justice Court before 5pm tomorrow? And sign this contract?
HDG: I think he can go straight from my office, will it be available in about 20 minutes?
Judge: Yes.
HDG: Okay, we'll try to sign it today Judge.
Judge: Alright, we'll see you soon then.
(More small talk about WebX, then moves to next case)
