Jeffrey Weinhaus Feb 2013 Proceedings TX

IN THE MISSOURI COURT OF APPEALS
Eastern Division
STATE OF MISSOURI,
Respondent,
vs.
JEFFREY R. WEINHAUS,
Appellant.
)
)
)
)
)
)
)
Case No. ED100807
IN THE CIRCUIT COURT OF MISSOURI

20TH JUDICIAL CIRCUIT, DIVISION I
HONORABLE GAEL D. WOOD, JUDGE
STATE OF MISSOURI,
Plaintiff,
vs.
JEFFREY R. WEINHAUS,
Defendant.
)
)
)
)
)
)
)
)
)
Case No. 12AB-CR02409-01
__________________________________________________________
TRANSCRIPT ON APPEAL
February 14 and 21, 2013 Proceedings
__________________________________________________________
APPEARANCES
Mr. Robert E. Parks
Prosecuting Attorney
Union, MO 63084
Mr. Jeffrey R. Weinhaus

Pro Se
___________________________________
Brenda L. Schmelz, CVR-Master, CCR
Official Court Reporter
20th Judicial Circuit
Franklin County, Missouri
Page
INDEX
2
3
4
5
February 14, 2013, Proceedings

Motions Hearings .................................
February 21, 2013, Proceedings
Motions Hearings .................................
20
Formal Arraignment ...............................
59
8
9
Index of Exhibits
10
State's Exh. 1, DVD of pod cast ....................
29
11
State's Exh. 2, CD of audio recording ..............
37
13
Defendant's Exh. A, Arrest warrant .................
34
14
Defendant's Exh. B, Notes from jail ................
48
12
15
16
17
18
19
20
21
22
23
24
25
Brenda L. Schmelz, CVR-M, CCR No. 1267, Official Court Reporter, Div. I, 20th Judicial Circuit
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
1
2
FEBRUARY 14, 2013, PROCEEDINGS
3
4
THE COURT:
We're calling on the record
Case No. 12AB-CR02409-01, State of Missouri vs.
Jeffrey R. Weinhaus.
by Prosecuting Attorney Mr. Robert Parks.
defendant is present in person and the attorney,
Ross Mutrux, is also present in person.
10
The State is represented

The
We're here today to take up Mr. Mutrux's
11
motion for leave to withdraw.
12
that motion, however, Mr. Weinhaus has filed a
13
number of motions in his own hand which I think
14
he wanted to take up today.
15
In addition to
However, Mr. Weinhaus, I'm not going to
16
have time to do that.
17
motions earlier today.
18
matters as early 4:00, so we've got about 45
19
minutes.
20
while to argue these motions, but again --
21
I just learned of these

I had scheduled other
I'm guessing it will take you quite a
THE DEFENDANT:
Well, just the -- the main
22
thing I wanted to do is the surety.
23
that would take five minutes, you know.
24
25
THE COURT:
I mean, and
Well, let's address this other
topic first, and if we have a few minutes to

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
talk about that, we can talk about that some
more.
THE DEFENDANT:
THE COURT:
Okay.
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:
THE COURT:
Yes, Your Honor.

I have looked at your motion to
10
withdraw and I've looked at what is styled an
11
Entry of Appearance by the defendant, and in his
12
entry of appearance he recites that he has fired
13
you on February 9 and is going to be seeking
14
other counsel.
15
trial now.
16
was set fairly early.
17
that if we change horses here in midstream
18
that's going to blow that trial date sky high,
19
because it's very unlikely in my mind that
20
another attorney would be able to get in this
21
case and be prepared for trial that quickly.
22
that is one of my concerns, and I'm not sure
23
where to begin.
24
25
Of course, the matter is set for
At the request of the defendant, it

My concern, of course, is
So
Obviously, Mr. Weinhaus, I suppose if it's

your clear desire to terminate his services -Brenda L. Schmelz, CVR-M, CCR No. 1267, Official Court Reporter, Div. I, 20th Judicial Circuit
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
THE DEFENDANT:
said in his motion.
interest.
that's fine with me.
can do this on my own, but I will be seeking
other counsel as soon as I can afford some, you
know.
8
9
Your Honor, it's like he

We've had a conflict of
And if Tyson wants to get out, then
THE COURT:
I really believe that I
All right.
Well, we'll talk
about that some more.
10
THE DEFENDANT:
11
THE COURT:
Okay.
And let's talk about you doing
12
it yourself.
13
represent yourself.
14
THE DEFENDANT:
15
THE COURT:
You have a legal right to
Yes, sir.
And I don't -- I don't mean to
16
impugn your intellectual abilities when you say
17
can handle it yourself.
18
competent as many others who have done so.
19
given the nature of the charges against you and
20
the severe penalties that are --
21
THE DEFENDANT:
22
THE COURT:
No doubt you are as

But
Yes, sir.
-- it would be my advice that
23
you try to find other counsel.
24
putting yourself, in my view, in great peril in
25
representing yourself.
You would be
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
THE DEFENDANT:
And I realize that, Your
Honor, and it would be my desire to seek other
counsel.
retainer and money.
Unfortunately, they have to have a
Well, and I know nothing about
THE COURT:
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.
10
THE DEFENDANT:
11
THE COURT:
12
13
By no means.
Have you considered applying
for public defender services?

THE DEFENDANT:
We're not wealthy, but my
14
wife has gainful employment and I have some
15
income.
16
for a public defender or not.
I really don't know if I would qualify
17
THE COURT:
18
you've told me.
Probably not, based on what
19
THE DEFENDANT:
20
THE COURT:
Yeah.
The motion filed by Mr. Mutrux
21
recites, among other things, that you have
22
informed him on numerous occasions, multiple
23
occasions, that you had several attorneys
24
interested in working on the case.
25
all those want --
But I assume
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
THE DEFENDANT:
Oh, yes, sir, and a lot of
it, too.
fifteen -- ten, fifteen thousand dollars just to
come in.
The cheapest one I've -- you know,
And if -- well, we're not hearing the
surety right now.
to work, that wouldn't be impossible.
stuck in jail, it's kind of hard.
9
10
But if I could get out and go

But being
I understand.
THE COURT:
Mr. Mutrux, is there any hope in your mind
11
that you and Mr. Weinhaus can patch up your
12
differences and resolve the conflict?
13
say from my perspective, and what limited
14
exposure I've had, you've been doing a very good
15
job in representing him.
16
trial.
17
to let you out.
18
I would
The case is set for
It was set at your request so I'm loathe
MR. MUTRUX:
And, Your Honor, I --
19
Mr. Weinhaus and I actually are on good terms.
20
I just feel like I've got a conflict that I
21
can't get around.
22
THE COURT:
Well, of course, I don't expect
23
you to reveal anything to me that would be a
24
breach of your confidential communications with
25
a client so it's -Brenda L. Schmelz, CVR-M, CCR No. 1267, Official Court Reporter, Div. I, 20th Judicial Circuit
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
THE DEFENDANT:
Your Honor, if I may,
Tyson's -- like I said, we get along but I
really feel that he's in a situation where he
needs to step out, and I don't -- I don't object
to that if that's what -- if that's his desire.
And obviously, it is with the filing of this
motion.
You know, is it irreconcilable?
necessarily, but I think it's probably in
Not
10
everybody's best interest.
11
have -- well, I don't really want to go into our
12
arrangement, but unfortunately, it's no longer
13
what it once was.
14
15
16
He was the
-- we
How many other attorneys have
THE COURT:
you spoken to?
THE DEFENDANT:
Well, I've spoken to two or
17
three other ones, Your Honor, before -- since
18
I've been in jail.
19
before that, but I haven't really been able to
20
secure the funds to be able to retain these and,
21
of course, while I'm represented by Tyson,
22
people -- most of these attorneys are reluctant
23
to speak with me.
24
THE COURT:
25
your wife work?
We spoke to a few coming in
Well, I understand.
Where does
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
1
2
THE DEFENDANT:
Honor.
Can you tell me approximately
THE COURT:
how much she earns?
THE DEFENDANT:
THE COURT:
She works for Pfizer, Your
Fifty grand a year.
You won't qualify for public
defender services.
THE DEFENDANT:
THE COURT:
10
Yeah.
That's for sure.
THE DEFENDANT:
Of course, we don't have
11
any -- we don't have any money, but that's what
12
she makes.
13
THE COURT:
14
Mr. Mutrux, anything else you want to tell
15
Oh, I understand.
me?
16
MR. MUTRUX:
17
THE COURT:
No, Your Honor.

Well, in light of the remarks
18
by both of you, I'm going to let you out.
19
rather reluctantly that I do so, but I'm not
20
going to make somebody stay in if they tell me
21
that there's an irreconcilable conflict of
22
interest.
So your motion will be sustained.
23
MR. MUTRUX:
24
THE COURT:
25
It's
Thank you, Your Honor.

Now, Mr. Weinhaus, you wanted
to talk about bond some more.

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
Page
THE DEFENDANT:
THE COURT:
Yes, sir.
All right.
I'm going to let
you do that because we have some time, but I
will say this:
that you were going to be arguing this motion
today.
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.
10
The State was not given notice
And at least if they were given notice,
THE DEFENDANT:
Well, Your Honor, I did
11
notice them on -- I mailed it on Monday, Monday
12
afternoon, and they should have received it
13
Tuesday.
14
15
16
17
18
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 --
19
even if they had gotten it Tuesday, that's not
20
much notice in the world of --
21
22
23
24
25
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
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
10
Page
asked for is either be released on my own
recognizance or a surety bond be set so I could
go out and retain counsel.
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.
access to things I need.
hand -- you can see my writing is atrocious.
THE COURT:
10
Being in the jail,
There is limited
Obviously, in my own
I'm glad you recognize that.
THE DEFENDANT:
Yes, sir.
But being in the
11
jail, phone calls are cost prohibitive.
12
limited access to -- no privacy whatsoever.
13
There's
Your Honor, I've never missed a court date
14
in my 25 years of coming to court.
15
myself in to go to jail now five times.
16
never been convicted of a felony.
17
I've turned
I've
You have my word I will be nonviolent as I
18
have been all my life.
19
there is no reason why I can't have the surety
20
bond.
21
violence.
22
And I really feel that
I've never had any propensity to commit
And I would just ask the Court to
23
recognize -- there is a 50,000 cash only bond.
24
If there's any concerns about my violent
25
tendencies or whatever, if I had $50,000 I could

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
11
Page
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.
some avenues I can go down if I was not
incarcerated.
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:
I do have
And I really believe that the
That is certainly the
10
primary -- it's not the sole purpose.
11
you're right, the primary purpose is to ensure
12
appearance so you're correct.
13
THE DEFENDANT:
But
And I would guarantee to
14
the Court, and obviously a bonds person would,
15
too, if I was able to post a surety that I would
16
appear in every circumstance.
17
my main concern of getting out of here would be
18
to go to find some funds so I could retain
19
counsel.
20
factor of the trial would not be as pressing.
21
Obviously, while I am incarcerated, I would need
22
to do this as fast as I possibly can.
23
that I am innocent of the charges, and I don't
24
feel a three-day trial would be necessary with
25
my motion to dismiss.
And like I said,
And once I was out, then the time
I feel
You can see kind of the
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
12
Page
tact I'm taking with my defense, and I think
that could be heard in an afternoon.
know how long it takes to seat a jury, but.
I don't
Which brings up another point.
THE COURT:
That's the reason you don't want to represent
yourself, Mr. Weinhaus, because you don't know
anything about --
8
9
THE DEFENDANT:
No, no, I'm totally
ignorant.
10
THE COURT:
11
THE DEFENDANT:
12
THE COURT:
Okay.
Yes, sir.
All right.
Well, I understand
13
your concerns.
14
file and reconsider what's gone on up to this
15
point.
16
rule -- it will probably be the first part of
17
next week before I can do it.
18
meantime, I would, if I were you, redouble my
19
efforts to try to figure out some way to get a
20
lawyer hired.
21
I will take another look at the
But in the meantime, and I hope to
THE DEFENDANT:
But in the
Well, Your Honor, it's just
22
a matter of being able to reach out and touch
23
somebody, and I can't really do that while I'm
24
incarcerated.
25
THE COURT:
There may be -- and I don't
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
13
Page
know what Mr. Mutrux's motives were, but there
may be attorneys out there that would do it for
nothing, just for the publicity.
THE DEFENDANT:
I don't know.
Well, Your Honor, perhaps
there is -- or there are.
like I said, a surety bond -- I don't understand
why at this point in time I haven't been offered
that.
people coming in and out of this -- you know,
But in the meantime,
I read the papers every week, and I see
10
out of the system here with certainly more
11
offenses than I have had and they're offered
12
that.
13
prosecuting attorney's wanting to -- where he
14
comes up with bond amounts and this and that.
15
But, Your Honor, you have my word if you
I don't see much consistency with the
16
were to rule today on a surety bond that I would
17
get out of here and go to work attempting to
18
find someone to represent myself.
19
20
21
THE COURT:
When you say "go to work," what
do you mean?
THE DEFENDANT:
Well, I publish a
22
newspaper.
23
that could be brought, and I would try to shop
24
those lawsuits around and go talk to my
25
advertisers.
I have lawsuits, I feel, that are --
I have 75 or 80 different
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
14
Page
advertisers who advertise with me, and I could
go to them seeking funds.
their phone numbers while I'm in here.
access my website, but there are people I can
contact.
who I've had business dealings with in the past
who I could approach.
have the wherewithal to be able to come up with
the money necessary for at least me to retain an
I have no idea of
I can't
I've put together a list of 150 people
And those people, they
10
attorney.
11
if I could just get out there and touch them.
So, I mean, there is hope out there
12
THE COURT:
13
Mr. Parks, I've heard the State's argument
Okay.
14
already regarding bond.
15
to add?
16
because I've heard it already.
17
Anything new you want
I don't want to hear the same argument
MR. PARKS:
No, Your Honor.
As the
18
defendant has said, his wife is out.
19
make contacts for him.
20
calls.
21
22
23
She can
She can make telephone
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
24
wife works forty to fifty hours a week.
25
in a 13-day stretch of working ten hours a day
She is
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
15
Page
right now.
own affairs.
longer in the household.
there, now she's having to do.
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.
lower the rates, but they're still -- it's cost
prohibitive.
10
She barely has time to attend to her

And keep in mind that I'm no
So whatever I did
I have spent,
They did
And the State has pretty much maintained if
11
I had $50,000 I am not a danger to the
12
community, but being as I'm indigent and a poor
13
person now, I am a threat to the community.
14
I don't really see the logic of that.
15
it is just a punitive punishment that I'm having
16
to endure.
17
hundred days, and I haven't hurt anybody.
18
haven't harmed anybody.
19
anybody a loss.
20
So
I believe
I've been in custody now over a

I
I haven't caused
And whatever you can do, Your Honor, it
21
would be much appreciated.
22
this bag I'm in today and be able to go forth
23
and do what I've got to do.
24
know, the State reserves the right to come get
25
me any time.
I need to get out of
If -- if -- you
I will submit to a GPS monitoring
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
16
Page
or even house arrest.
county.
And, you know, I just need to get out to where I
can make some phone calls and have access to the
Internet.
I live here in the
I've been here going on four years.
MR. PARKS:
Well, and Your Honor, that's
one of the problems that brought us here was
access to the Internet.
going to consider any bond reduction in this
And if the Court is
10
case, the State would strenuously ask that the
11
defendant be restricted from doing any
12
podcasting or going on the Internet to publicize
13
anything about this case.
14
THE COURT:
See, you two both have me at a
15
disadvantage.
16
what went on that led up to this case, which is
17
the way I like it.
18
19
20
I know blessedly nothing about
THE DEFENDANT:
Well, I could -- I could go
over it real briefly, you know.

THE COURT:
Well, again, I prefer to learn
21
from the evidence what happened, not from
22
hearsay or rumor or newspaper accounts --
23
THE DEFENDANT:
24
THE COURT:
25
Well, and --
-- but if you want to tell me
something at your own peril, understand -Brenda L. Schmelz, CVR-M, CCR No. 1267, Official Court Reporter, Div. I, 20th Judicial Circuit
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
17
Page
1
2
THE DEFENDANT:
Well, yes, sir.
And if you
would just go to my motion to dismiss.
THE COURT:
THE DEFENDANT:
I've looked at it.

Okay.
That's basically it
in a nutshell.
will submit to a gag order.
Mr. Parks is actually going to try this in the
court and not in the public opinion.
And if it pleases the Court, I

I guess that's what
That -- that would be -- if
THE COURT:
10
indeed I do anything different on the bond,
11
which I'm not certain I'm going to do, but if I
12
do, based on Mr. Parks' request and your consent
13
to that, that would be certainly a critical
14
element of any --
15
THE DEFENDANT:
Yeah, I mean, I feel that
16
the merits of the -- you know, of my defense are
17
such that, you know, it can be tried in a
18
courtroom and not in public opinion.
19
THE COURT:
All right.
Well, that will
20
conclude today's record.
21
much, and I will make a ruling early next week.
22
I have to be in Gasconade County tomorrow and
23
then Monday's a holiday.
24
or Wednesday of next week.
25
THE DEFENDANT:
Thank you all very
So it will be Tuesday
And how would I know that,
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
18
Page
1
2
3
4
5
6
7
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:
the record.
Thank you.
That will conclude
Court is adjourned.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
19
Page
1
2
FEBRUARY 21, 2013, PROCEEDINGS
3
4
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.
10

The
We're here today to take up the State's
11
motion for evidentiary hearing as to the pending
12
bond motion, which was heard at least in part on
13
February 14.
14
filed a number of pro se motions since that
15
time.
16
we'll at least look at those to determine what,
17
if anything, needs to be done today.
In addition, the defendant has
And after we hear the State's evidence,
18
Is the State ready to proceed?
19
MR. PARKS:
The State is ready, Your Honor.
20
THE COURT:
Mr. Weinhaus, are you ready to
21
22
proceed?
THE DEFENDANT:
Your Honor, a few things
23
before we get going here.
24
aware to me about the -- you know, I had a
25
lawyer before.
It has just become
I just realized what the charges
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
20
Page
were and I actually got to read them the other
day.
to -- I really don't understand a lot of the
charges.
that or not.
So -- I mean, can you actually explain
I don't know if this is the time to do
Well, at some point you're
THE COURT:
going to have to be arraigned.
hasn't happened yet based on at least the new
charges.
Apparently, that
I think you were probably arraigned on
10
the original charges in the associate court, but
11
then there was a grant jury indictment which
12
superseded that.
13
arraignment, and -- I can't give you legal
14
advice.
So you're entitled to formal
I can read --
15
THE DEFENDANT:
16
THE COURT:
Yes, sir.
I can read the charges to you,
17
and if you don't understand the language of the
18
charging document, you're probably going to have
19
to confer with counsel to get that explained to
20
you more fully.
21
22
23
THE DEFENDANT:
Well, I mean, can we -- is
this the time to do that now or?

THE COURT:
Well, that's a good question.
24
You have -- I know your wife picked up a copy --
25
I think she did, or maybe I'm wrong, but picked

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
21
Page
1
2
up a copy of the indictment.
she's done.
to her very much.
phone calls, but --
Well, I don't know what
THE DEFENDANT:
I really haven't been able to talk
THE COURT:
We don't have money to buy
That's what -- I'm sorry.
She
picked up a copy -- I think it was the search
warrant.
I apologize.
THE DEFENDANT:
That's right.
Okay.
I mean, I did get a
10
copy at the jail the other day, which I've
11
attached to the habeas corpus thing.
12
know if you got that or not.
13
THE COURT:
I did.
I don't
That's one of the
14
things we'll look at after we hear the State's
15
argument on the bond issue.
16
THE DEFENDANT:
Okay.
That's -- and,
17
hopefully, if we get a bond, then I can hire a
18
lawyer and go from there.
19
THE COURT:
All right.
We'll come back to
20
that, but certainly you're entitled to know what
21
you are charged with.
22
was an indictment filed on November 28, 2012,
23
that contained eight counts.
24
have seen?
25
THE DEFENDANT:
In brief summary, there
Is that what you
Yes, sir.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
22
Page
THE COURT:
THE DEFENDANT:
Okay.
All right.
But, yeah, some of the -- I
guess, the wording of them I really don't
understand.
almost sounds like I shot somebody.
6
7
10
Well, as I look at it now, I
THE COURT:
assume that you're talking about Count IV.
8
9
Because the way I'm reading it, it
THE DEFENDANT:
Yeah, Your Honor, I'm
having trouble getting to it with the -- being

locked up.
11
IV and VI, and what they're
THE COURT:
12
saying, Mr. Weinhaus, is that you attempted to
13
kill or cause serious physical injury to
14
Officer -- to an officer by shooting.
15
you attempted to do so.
16
it.
17
THE DEFENDANT:
It says
It doesn't say you did
Oh, okay.
Well, yeah, the
18
way I was reading it is if -- like by attempting
19
to shoot him -- I'm trying to find it here.
20
Bear with me, Your Honor.
21
What it says is, you attempted
THE COURT:
22
to kill or to cause serious physical injury to
23
an officer by shooting him.
24
by shooting him.
25
THE DEFENDANT:
Attempted to do so
Well, Your Honor, I guess
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
23
Page
we're going to have a trial battle, I mean, how
do you define attempt but.
THE COURT:
Well, that's right.
exactly right.
of guilt or innocence later on.
That's -- those are the issues
THE DEFENDANT:
THE COURT:
8
9
That's
Okay.
But you understand at least
what the allegations are as I understand them.

THE DEFENDANT:
It's a little bit more
10
clear now.
11
the wording of it exactly, but that's fine.
12
mean, obviously, I didn't -- and I do have a
13
motion for discovery, too.
14
the evidence against me is.
And like I say, I'm trying to find
15
THE COURT:
16
THE DEFENDANT:
17
18
19
20
I have no idea what
Well -I had lawyers, but they
were kind of ineffective.

THE COURT:
You're entitled to discovery.
If you filed a motion, I'm sure -THE DEFENDANT:
Yeah, I have one here.
21
was going to file it yesterday, but they didn't
22
want to bring it over for you.
23
THE COURT:
All right.
24
MR. PARKS:
Your Honor, I have talked to
25
Mr. Mutrux yesterday.
He said he is copying his
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
24
Page
file and should have it to the defendant by
tomorrow or the first part of next week.
3
4
THE COURT:
Does that include all the
discovery?
MR. PARKS:
THE DEFENDANT:
Yes, Your Honor.

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.
10
So I would need all those
video and audio tapes as well.
11
THE COURT:
Well, again, you need to file
12
your motion, and if there's an objection by the
13
State, then we'll argue that.
14
15
THE DEFENDANT:
THE COURT:
Okay.
So how many new motions
do you have with you today that you're --
18
THE DEFENDANT:
19
discovery actually.
20
THE COURT:
21
THE DEFENDANT:
22
Well, I have that
right here, Your Honor, and I'd like to.
16
17
Okay.
Well, just the motion for
Okay.
And I do have copies of
that.
23
THE COURT:
24
Would you bring me copies of his motion or
25
All right.
the original?
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
25
Page
THE BAILIFF:
THE COURT:
3
4
5
6
7
8
9
10
Yes, sir.
And then do you have a copy for
Mr. Parks as well?

THE DEFENDANT:
it here.
Yeah, I do.
If I can find
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
11
able to talk to one.
12
actually come to the jail.
13
to -- I talked to Scott Fulford at one time, and
14
we've discussed a few things.
15
to get him to come over to the jail.
16
also talked to -- we have an appointment to talk
17
to Steve Weir and -- and so we're working on it,
18
and I've got a few other people we've tried
19
to -- you know, I've got a call in to Eckelkamp
20
& Kuenzel or whatever his name is.
21
22
23
24
25
THE COURT:
I can't get them to

We've been talking
But I was hoping

And then I
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.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
26
Page
Well, let's go forward.
Mr. Parks was the
one that requested this hearing today.
hear what evidence Mr. Parks cares to present.
Mr. Parks, you may proceed.
MR. PARKS:
So let's
Your
Honor, the Court stated that at our last hearing
that it's not familiar with this case.
time I would like to play State's Exhibit No. 1,
which is the original podcast from August 17,
At this
10
2012, made by the defendant and put out over the
11
Internet.
12
THE COURT:
13
THE DEFENDANT:
14
Very well.
Your Honor, I would object
to that.
15
THE COURT:
16
THE DEFENDANT:
On what grounds, Mr. Weinhaus?

I haven't -- I was -- I've
17
been shot four times, and I'm not familiar with
18
all the texts.
19
just isn't what it once was.
20
it first and see where he's coming from or.
I did make it, but my memory

So if I could view
21
THE COURT:
How long is it, Mr. Parks?
22
MR. PARKS:
It's about 16 minutes.
23
THE COURT:
Mr. Weinhaus, do you think it
24
would be somehow beneficial to you to be able to
25
see it before I do?
Or should we watch it at
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
27
Page
the same time and then you can comment?
want to see it before me, I can leave and --
THE DEFENDANT:
No.
I mean, you -- I guess
we can watch it together.
I mean, but I can't recall exactly what.
THE COURT:
Okay.
If you
I did make it, and --
Well, if you admit
making it, I'm going to let him play it and
we'll watch it together and then you can --
he'll make argument no doubt, and then you can
10
11
12
make argument as well.

THE DEFENDANT:
And is there any way I can
get something to drink?
13
THE COURT:
14
Can we get him some water, please?
15
I hope that's all you want is water.
16
Sure.
not serving cocktails this morning.
17
THE DEFENDANT:
18
THE COURT:
19
20
We're
Yeah.
We'll go off the record.
(Off the record.)

THE COURT:
All right.
We're back on the
21
record just to recite that the State is now
22
prepared to play the video.
23
Is that correct, Mr. Parks?
24
MR. PARKS:
That is correct, Your Honor.
25
THE COURT:
All right.
And again I am not
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
28
Page
going to ask the court reporter to transcribe
what is said on the video.
You may proceed.
MR. PARKS:
5
6
(State's Exhibit No. 1 is published.)

THE DEFENDANT:
Your Honor, I got to object
to that.
was broadcast on YouTube.
has captions, and so it's not what actually has
10
11
That is not the broadcast video that

The one on YouTube
been broadcast so.

THE COURT:
Why don't you come up to the
12
podium so I can hear you a little better and the
13
court reporter can hear you better?
14
THE DEFENDANT:
15
16
17
18
All right.
(Complies.)
THE COURT:
Now, you're saying what about
this is not the right video or what -THE DEFENDANT:
Yeah, it's not the right
19
video.
20
that actually was broadcast.
It's the one that -- it's not the one
21
THE COURT:
22
THE DEFENDANT:
23
other one.
24
the videos.
25
What's the difference?

There was captions in the
You know, like you put captions on
THE COURT:
And what kind of captions were
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
29
Page
there?
THE DEFENDANT:
Your Honor, it's probably
40 of them on there so, you know, I couldn't
actually tell you everything.
that, I was reminded that that isn't the actual
one.
7
8
9
THE COURT:
But after seeing
Well, do the captions say
something -THE DEFENDANT:
Well, the captions kind of
10
give you more information of what I'm actually
11
saying.
12
13
14
THE COURT:
They don't say "just kidding"
or anything like that, I -THE DEFENDANT:
Well, yeah, kind of.
15
mean, they're not really just kidding but,
16
obviously, I -- you know, Article I, Section --
17
I guess it is 8 -- is I have a right to free
18
speech.
19
Now, if I've said something that's
20
actionable, they can sue me.
21
gives them the right to shoot me, but they
22
could, you know, find other ways to, you know,
23
remedy their -- you know, if I said something
24
that was libelous or slanderous, they have
25
actions.
I don't think it
They can come into court.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
30
Page
1
2
3
Mr. Parks, what are your
THE COURT:
remarks?
Judge, this is the podcast that
MR. PARKS:
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
10
Criminal Investigation Division coming into
11
contact with Mr. Weinhaus.
12
the system.
13
His threats against
And, Your Honor, that's all
THE DEFENDANT:
14
news to me, too.
15
discovery.
16
Criminal Investigative Division of the Highway
17
Patrol came up there because I was trying to run
18
for -- I was actually running for coroner in
19
Crawford County, and these people are out of
20
Crawford County, the ones that shot me.
21
don't know anything about the Governor's Office
22
calling or whatever.
23
Jefferson County.
Governor Nixon is from
24
Jefferson County.
Very well could be.
25
believed it to be a personal vendetta, why they
Like I said, I haven't had the
I believe that podcast and the
And I
I do do this paper in
But I
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
31
Page
came up there.
And regardless of why they would come up
there or not, I mean if they had a problem with
me, why didn't they just pick up the phone and
call.
Well, again, that all goes to
THE COURT:
the merits of the case, Mr. Weinhaus.
understand your position, and there's clearly
two sides to it --
10
THE DEFENDANT:
11
THE COURT:
12
13
Yeah.
-- and that's why we have
juries.
THE DEFENDANT:
Well, and I don't
14
understand why Mr. Parks is trying to play this
15
today.
16
for a bond setting.
17
I'm a danger to the community because I put
18
videos out?
I thought we were here for a trial -I mean, is he trying to say
19
Is that what you're saying, Mr. Parks?
20
MR. PARKS:
You're danged right.
21
what I'm saying.
22
danger to the community.
23
THE COURT:
That's
I'm saying that you are a
Mr. Parks, address your remarks
24
to me.
25
are your remarks --
Don't argue with the defendant.
What
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
32
Page
THE DEFENDANT:
THE COURT:
THE DEFENDANT:
MR. PARKS:
No further remarks, Your Honor.
THE COURT:
All right.
THE DEFENDANT:
Well, that's really --
Mr. Weinhaus, let mr. Parks -Okay.
And, Your Honor, I would
like to introduce this as evidence.
a -- the original indictment, the original
warrant, and I believe there's a section in
This is
10
here, The Court further finds reasonable grounds
11
to believe the defendant, who is charged with a
12
misdemeanor offense, will not appear if summoned
13
or is a danger to the crime victim, the
14
community or any other person.
15
checked.
And it's not
16
THE COURT:
17
Mark, have the court reporter mark that as
18
Let me see the document.
Defendant's Exhibit A.
19
THE DEFENDANT:
20
THE COURT:
21
And if I was --
Hold on.
(Defendant's Exhibit No. A was marked
22
for identification.)
23
THE COURT:
24
25
She can't mark and --
All right.
Mr. Parks, do you
have any objection to this being admitted?

MR. PARKS:
No, Your Honor.
It's part of
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
33
Page
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.
8
9
And, of course, Mr. Weinhaus, what you

referred to says:
If the cited offense is a
10
misdemeanor, and only one count was a
11
misdemeanor.
12
that only pertains to a misdemeanor only
13
warrant.
14
The other two were felonies.
THE DEFENDANT:
So
Well, and another thing I
15
would have to say as well, Your Honor.
16
video came out on August 17.
17
these videos for the last seven, eight years.
18
I've been publishing a paper for 16 years.
19
never hurt anybody.
20
loss or harm.
21
after I was shot four times, I was on the
22
streets for three weeks, never hurt anybody.
23
November 1.
25
law.
I've been doing
I've
I've never caused injury,
I've been on the streets -- even
I come to court.
24
That
I showed up at court on
I've never tried to run from the
I've always showed up, done my ability to
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
34
Page
1
2
be there.
There is no reason to believe that I am a
danger to anyone.
and the way I vent is to put this stuff out
there for the public to see.
there's no reason for me to be in this
courtroom, I feel.
I'm the one who is the victim of this situation.
I -- the way I do my videos
And, you know,
I was the one who was shot.
I was exercising my free-speech rights.
10
And if Mr. Parks would have actually showed the
11
real video, the one that actually broadcast, you
12
would notice in that video saying, basically, we
13
don't want to do any violence.
14
do anyone any harm.
15
videos out stating what my positions were.
16
really truly believe, Your Honor, that the
17
United States Constitution and the Missouri
18
Constitution is in peril, and I believe that
19
it's just not good.
20
this country, they totally ignore the
21
Constitution.
22
THE COURT:
If I was, I wouldn't put

I
I mean, what's going on in
Mr. Weinhaus, how did you
23
distribute your podcast?
24
there some other means --
25
I'm not here to
THE DEFENDANT:
By YouTube or was
Yeah, I put it on YouTube,
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
35
Page
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 DEFENDANT:
THE COURT:
THE DEFENDANT:
Well, yeah, the -- what I
put on the web page is the YouTube video.
11
12
Did it also have captions on
your web page?
9
10
Yes, sir.
THE COURT:
I see.
And, Mr. Parks, are you
aware of whether or not there were captions?
13
MR. PARKS:
No, Your Honor.
14
THE COURT:
Mr. Weinhaus, I'm trying to
15
figure out some way that I could see the podcast
16
as originally disseminated but in such a manner,
17
of course, that you and the prosecution would
18
both see it at the same time.
19
--
20
21
22
THE DEFENDANT:
here?
I don't want to
Do you have Internet access
We could pull it up on YouTube.

THE COURT:
Well, I don't know technically
23
how -- we do, but how to achieve it, I'm not
24
sure at the moment.
25
into it today.
I'm not sure I want to get
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
36
Page
THE DEFENDANT:
Well, Your Honor, I mean,
regardless of what the video says or does, I
have a motion before you for amended surety
bond, and I would just pray that -- I have not
been charged with a capital crime, have I?
THE COURT:
THE DEFENDANT:
MR. PARKS:
9
10
11
Well, no.
Okay.
Well, Your Honor, if I could,
could I finish my presentation?

THE COURT:
Oh, you may.
I thought you
were done.
12
THE DEFENDANT:
13
MR. PARKS:
No.
14
THE COURT:
I thought you were done.
15
MR. PARKS:
I have a second video, State's
I'm sorry.
16
Exhibit No. 2, which is an audio recording that
17
the defendant made by calling his ex-wife.
18
was made on --
19
20
21
THE DEFENDANT:
Your Honor, I would
object to -MR. PARKS:
-- September 11, 2012, and the
22
beginning of it is an audio of the encounter
23
with the State Highway Patrol.
24
25
This
THE DEFENDANT:
Go ahead.
I thought it was
something else.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
37
Page
MR. PARKS:
THE DEFENDANT:
It's about 30 seconds.

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:
THE DEFENDANT:
MR. PARKS:
Okay, Your Honor.
10
THE COURT:
Well, frankly, if it's 28
11
MR. PARKS:
THE COURT:
18
But he wants me to hear the
whole thing in context as I understand it.
16
17
Thirty seconds, the first 30
seconds is the actual arrest and shooting.
14
15
Mr. Parks, please.
minutes, what --
12
13
That's Mr. Parks, please.
THE DEFENDANT:
Well, yes, sir, it would be
-MR. PARKS:
And the rest -- the rest of the
19
audio is just the officers getting him
20
medical -- bringing him medical assistance.
21
22
23
THE COURT:
What other information do you
think is on there, Mr. Weinhaus?

THE DEFENDANT:
Well, Your Honor, it also
24
indicates that I didn't draw my gun and it also
25
indicates a few other things, too.
I've -- you
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
38
Page
know, I've only heard it one time.
again, you have to understand my -- my brain
capacity isn't what it once was.
oxygen some half -- thirty minutes.
pints of blood.
cognitive therapy and still can't really think
like I should.
I would be more than happy to consent to letting
Mr. Parks play that.
10
And there
I was without
Lost four
Was not able to finish my
But the first 30 seconds of it,
All right.
THE COURT:
Then let's do that.
11
Again, we're not going to ask the court reporter
12
to transcribe it.
13
it's on a CD?
It's available -- I assume
14
MR. PARKS:
Yes, Your Honor.
15
THE COURT:
All right.
Mr. Parks, how was
16
this obtained?
17
possession of what you're about to play for me?
18
19
MR. PARKS:
I mean, how did you come into
Mr. Weinhaus's ex-wife turned
this over to the Missouri State Highway Patrol.
20
THE COURT:
And how did she obtain it?
21
MR. PARKS:
Mr. Weinhaus called her on the
22
day of the incident with his cell phone and this
23
is the open cell phone channel between Mr.
24
Weinhaus's phone and his ex-wife.
25
THE COURT:
All right.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
39
Page
1
2
3
4
5
6
7
8
(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
10
again.)
11
THE COURT:
All right.
12
MR. PARKS:
Your Honor, in that video the
13
defendant was ordered by the Missouri State
14
Highway Patrol on several times to get on to the
15
ground.
16
going to have to shoot me, and the gun -- and he
17
was shot.
18
The defendant stated to them, You're
Your Honor, I believe that these two videos
19
show a great propensity by the defendant to be
20
violent.
21
regard or respect for the legal system, for the
22
court.
23
and living in Franklin County.
24
25
They show that the defendant has no
As he said, he was running for coroner
THE DEFENDANT:
I have a residency -- I
object to that, too, Your Honor.

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
40
Page
MR. PARKS:
And, Judge, this is why we
placed a $50,000 bond on the defendant.
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.
warrant was obtained for the defendant.
the Highway Patrol went to try to serve the
warrant, the defendant was armed with a weapon.
An arrest
When
10
The defendant refused to obey the commands of
11
the Missouri State Highway Patrol and basically
12
told the officers that he wasn't going to obey
13
and that they were going to have to shoot him.
14
Your Honor, I believe that this shows a
15
propensity for violence.
16
for disrespect for the Court and for the
17
defendant not showing up at hearings.
18
It shows a propensity
I believe -- I have filed a motion in
19
circuit court, which was -- or in associate
20
circuit court, which was denied, for a
21
psychiatric examination of the defendant.
22
defendant has said here today that he's not all
23
in his right mind, that he cannot remember
24
everything.
25
The
I believe that the $50,000 cash only bond

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
41
Page
is a reasonable bond in light of the seriousness
of the charges and in light of the defendant's
actions.
THE COURT:
THE DEFENDANT:
Mr. Weinhaus.
Your Honor, first of all,
concerning what he just played there, you will
notice -- if Mr. Parks would play that again.
8
9
10
Well, I think I have a pretty
THE COURT:
clear memory.
What is it you want --
THE DEFENDANT:
Okay.
Well, first of all,
11
you will notice my ex-wife saying I was there to
12
get my computers.
13
called me and said, Meet us up at this gas
14
station and we're going to return your property.
15
They never told me that they were there to
16
arrest me.
17
said that I was going up there to get my
18
computers back.
19
20
21
The Missouri Highway Patrol
They said -- they lied to me and
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
22
further, you need to be careful what you say
23
because anything you say can still be used
24
against you.
25
THE DEFENDANT:
Yes, sir, and I understand
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
42
Page
that, but let me just explain this to you, sir.
They lied to me to get me up there.
Case.net right before I left the house.
was no warrant showing.
warrant was actually issued at 1:00 in the
afternoon.
1:05.
for my arrest.
say, You're under arrest.
There
As matter of fact, the
I believe the shooting was like at
So I had no idea that there was a warrant

When I got there, they didn't
10
ground.
11
get my computers.
12
getting on the ground.
13
computers.
14
I checked
They said, Get on the
My response to that was, I'm here to

If you want to -- I'm not
I'm here to pick up my
You will also note that as soon as I said,
15
You're going to have to shoot me, they did.
16
They didn't say, Get your hands up.
17
say, Get your hand away from the weapon.
18
people had their safeties off and they were
19
ready to kill me, Your Honor.
20
twice in the chest and twice to the head.
21
didn't shoot my arm.
22
They were there to kill me.
23
a propensity for violence.
24
hurt anybody.
25
violence, Your Honor.
They didn't
Those
They shot me
They
They didn't shoot my hand.

Now, you talk about
I'm not the one who
I'm not one who acted out in
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
43
Page
You know, Mr. Parks says I need a
psychological evaluation.
then he does, too, because you know what, I
haven't hurt anybody.
anybody, you know.
cash only is beyond my means to be able to meet.
If I was truly a danger to the community, there
would be no bond, Your Honor.
Section 20, of the Missouri Constitution says my
Well, if I need one,
I didn't try to kill
And, Your Honor, $50,000
So Article I,
10
right to a surety bond is guaranteed.
11
just here to invoke my right today to get a
12
surety bond.
13
conditions on the bond, that's your prerogative.
14
So I'm
I will not -- I mean, if you want
I also have filed a writ of habeas corpus.
15
There is no reason for me not to be at liberty
16
until these charges can be proven.
17
spurious.
18
State has a case -- by them going to a grand
19
jury and going that route as opposed to giving
20
me a preliminary hearing.
21
preliminary hearing it would be over.
22
They're
There's really -- I don't believe the
I think in a
I also have a motion before this Court, a
23
motion to dismiss, and I believe that the
24
grounds on which they obtained the search
25
warrant are -- there's no reasonable doubt -- or

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
44
Page
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
10
never harmed anybody and, you know, my weapon is
11
through the videos.
12
13
14
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
15
under advisement, consider what I've heard here
16
today, the arguments and the evidence --
17
THE DEFENDANT:
18
THE COURT:
19
THE DEFENDANT:
20
What's --
-- and make a decision.

Your Honor, when can I -- I
mean, I have -- can we hear the habeas corpus?
21
THE COURT:
22
THE DEFENDANT:
Well, Mr. Weinhaus -I mean, Your Honor, I've
23
been in this jail for 110 days.
24
I have to see.
25
lawyers.
I have children
I've got -- I'm trying to find
I can't get a lawyer in there.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
45
Page
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.
including the one this morning --
6
7
THE DEFENDANT:
I think we've received,
But, Your Honor, you can't
read them --
THE COURT:
THE DEFENDANT:
-- five this week.

I can't see them.
10
I can't even read them hardly.
11
file my motions for discovery yesterday.
12
I mean,
I was denied to
I need to get out of here, and this waiting
13
is -- you know, and I appreciate, you know, but
14
I don't believe the State has -- can we hear my
15
motion to dismiss?
16
17
18
THE COURT:
No, we're not going to take
that up today.
And a writ of habeas corpus, I don't --
19
again I can't give you legal advice, but you're
20
not really in my view using the writ in an
21
appropriate manner, but that's all I'll say on
22
that topic.
23
THE DEFENDANT:
Well, the writ does provide
24
for you to be able to -- to bring one of -- and
25
I really believe that it's beyond any doubt that

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
46
Page
Mr. Parks has -- this is all politics.
playing games with me, not actually putting up
the right videos, saying that they were going to
come up there and arrest me when they didn't say
I was under arrest.
know, they brought me up there over a lie.
was lied to to go up there.
arrest me, why didn't they just pick up the
phone and call me and say, Hey, we have a
He's
When they did tell me, you

I
If they wanted to
10
warrant for yourself, come turn yourself in.
11
You also note -- and Mr. Parks maybe -- he does
12
have video of -- do they have any video of this
13
happening, Mr. Parks?
14
MR. PARKS:
We played all the video that we
15
have.
16
taking this with a camera.
17
18
There is no picture video.
THE DEFENDANT:
Okay.
Nobody was
And was anybody else
recording audio or anything?
19
MR. PARKS:
20
THE DEFENDANT:
Not to my knowledge.
Okay.
Well, I was the only
21
one who had video -- who had recordings of this,
22
Your Honor.
23
I understand that there were quite a few of law
24
enforcement people around there -- but you would
25
think that they would have recorded this if what
You would think that the State, and
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
47
Page
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.
8
9
10
If you would mark that Exhibit B, sir.

I haven't been able to -THE COURT:
Hold on, hold on.
11
has to mark the exhibit.
12
THE DEFENDANT:
13
Yeah, and Mr. Parks does
(Defendant's Exhibit No. B was marked
15
for identification.)
16
THE DEFENDANT:
18
19
20
21
22
23
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.
24
25
Again, she
not have a copy of it, sir.
14
17
And
(Mr. Parks reviews exhibit and shows it

to David Boehm.)
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
48
Page
MR. PARKS:
this hearing, Judge.
THE COURT:
And, Mr. Weinhaus, you say you want me to
No objection for purposes of
All right.
B will be admitted.
pay attention to the first paragraph; is that
right?
7
8
9
10
11
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
12
Missouri Statutes 43.200 concerning the serving
13
of a search warrant or application for a search
14
warrant, the execution of a search warrant.
15
The -- it is the obligation of the Missouri
16
State Highway Patrol to go to the Sheriff's
17
Department and get a designee to ride along with
18
them, and they failed to do so.
19
you can see, the sheriff has said that his
20
people were not there for the incident.
21
those grounds, I maintain that the search
22
warrant is not even valid.
23
Obviously, as
So on
And I don't really have a search -- a copy
24
of the search warrant in front of me, but if I'm
25
correct in stating the reason why they went to

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
49
Page
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.
they come back with the search warrant and it's
all about obtaining my computers and cameras,
marijuana is on the last line.
thing, too, morphine or any other pill, and
which I have prescriptions for, is not even
But then
And also another
10
listed on the warrant.
11
every charge that they've charged me with other
12
than the -- I mean, it's all based on that
13
search warrant and the search warrant is no
14
good.
15
THE COURT:
16
THE DEFENDANT:
17
18
So that's -- I mean,
Well, again -So I mean -- I move this
court to dismiss this matter.

All right.
THE COURT:
That motion will be
19
denied.
20
understand this.
21
told me you understand it, but you really need
22
an attorney because some of the things you are
23
raising if presented in an appropriate manner
24
with appropriate evidence might indeed benefit
25
your position in this case --
And again, Mr. Weinhaus, and I know you

I told you before and you've
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
50
Page
THE DEFENDANT:
THE COURT:
THE DEFENDANT:
Well, Your --
-- and it may not, but -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.
house by herself now.
wherewithal to be able to come up with the funds
to even get me out of jail much less obtain an
She's got to maintain a

She doesn't have the
10
attorney.
11
Fulford or Steve Weir or someone else here
12
locally is to be able to get on the street.
13
Now, if I've got to be put under house arrest or
14
wear a GPS monitor, if there's got to be a gag
15
order, whatever it takes, but I cannot make -- I
16
mean, it's -- I spent a thousand dollars on
17
phone calls in that jail so far, Your Honor.
18
don't have that kind of money.
There's no
19
reason for me to be locked up.
If the State
20
really believes I was a danger to the public, it
21
wouldn't be a $50,000 cash only bond.
22
would be no bond.
23
public.
24
propensity for violence.
25
that day was I was told to get on the ground,
The only way I can hire either Scott
We
There
And I'm not a danger to the
I've never harmed anybody.
I have no
What happened to me on
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
51
Page
and when I didn't, they turned around and shot
me four times.
3
4
MR. PARKS:
And that's because he reached
for the weapon on his side --
THE DEFENDANT:
MR. PARKS:
THE DEFENDANT:
MR. PARKS:
THE DEFENDANT:
That's what --
-- to draw it --- they --
-- at the officer.
That is what he alleges,
10
and obviously he has to allege that or otherwise
11
this would not be a justified shooting.
12
what they say but, Your Honor, you will note in
13
that video I didn't have time to do anything.
14
didn't reach for my weapon.
15
another thing, too.
16
whole video tape or audio tape, I would -- you
17
would note also in there, they say, Where's his
18
gun at?
19
never left my holster.
20
the gun.
That was an order to take my hand off
21
the gun.
You know, the only reason the State
22
alleges what they're doing is to -- is to save
23
them millions of dollars, because the bottom
24
line is that Trooper Folsom overreacted and
25
acted in excessive force.
That's
When -- also
If he would have played the
Is it still in the holster?
My gun
I never put my hand on
And he's been allowed
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
52
Page
to get away with practically murder.
the one in handcuffs?
be in handcuffs.
is no victim in this matter, Your Honor.
MR. PARKS:
Why am I
He's the one that should
I didn't hurt anybody.
And that's why we're asking for
the bond because of the threats that the
defendant --
THE DEFENDANT:
MR. PARKS:
10
Okay.
Well, let's --
-- keeps making against
Sergeant Folsom and Corporal Bentez (phonetic).
11
12
There
THE DEFENDANT:
Well, if that's -- it's
Mertens.
13
But also, another thing, too, if that was
14
truly the case, then why -- you know, if I had
15
$50,000, I'm not a threat to this public?
16
the Constitution of this -- Missouri says that I
17
have a right to a surety bond.
18
not proved beyond -- they have not proved at all
19
that I'm a danger to anybody.
20
--
21
MR. PARKS:
Now,
The State has
And it also says
He does not have a right to a
22
surety bond.
23
has been set by the Court.
He has the right to a bond, which
24
THE DEFENDANT:
25
MR. PARKS:
Okay.
So is he --
And, Your Honor, you can see by
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
53
Page
the defendant's demeanor, this is what we're
afraid of.
We don't know what he's going to do.
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.
8
9
He's radical.
THE DEFENDANT:
He loses his temper.

We do know
Your Honor, excuse me my
indignation, but I'm fighting for my life here
10
for the second time.
11
not -- failed to do his job by not bringing
12
charges against these officers.
13
clear beyond any doubt.
14
this.
15
16
Okay.
Mr. Parks has
It is very
There is videotape of
Why is he not playing it?

THE COURT:
What makes you think there's a
videotape of it, Mr. Weinhaus?
17
MR. PARKS:
18
THE DEFENDANT:
Where is it?
Well, you know what --
19
well, that's a good question, Mr. Parks.
20
a camera set up in my car, Your Honor.
21
camera on my watch -- I had a watch that's a
22
camera as well.
23
those items?
24
or eight cops around that place when this all
25
went down, all right, and no one videotaped it.
All right.
I had
I had a
So where are all
You're telling me that you got six
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
54
Page
That's crazy.
2
3
THE COURT:
That's ridiculous.
Well, you believe there's a
videotape tape from your car camera?
THE DEFENDANT:
Oh, yes, sir.
Yes, sir,
and I believe that the State is sandbagging on
that.
because it proves what I was saying.
8
9
10
11
I believe the State is not showing that
THE COURT:
And you said you had a watch on
that -THE DEFENDANT:
I had a watch on.
It's a
camera as well, Your Honor.
12
THE COURT:
13
THE DEFENDANT:
A video -When I -- when I raise my
14
hands up like this, you're going to shoot me
15
(indicating), that watch is right there.
16
17
THE COURT:
And is it taking still pictures
or video?
18
THE DEFENDANT:
19
THE COURT:
20
21
It takes video.
And what activates it?
What
turns it on?
THE DEFENDANT:
You just push it on.
You
22
know, I had it running when -- you will note
23
also, Your Honor, within 20 seconds they shot me
24
from exiting the car.
25
Sergeant Folsom didn't tell me I was under
Corporal -- excuse me.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
55
Page
arrest.
the car, he starts questioning my right to own a
firearm, to carry a firearm.
23 of the Missouri Constitution states that my
right to wear -- to own a fire- -- to bear arms
shall not be questioned.
bat questioning my right to -- I mean, is the
Constitution even applied today?
9
10
Sergeant Folsom, as soon as I exited
Article I, Section
So he's right off the
It certainly is.
THE COURT:
THE DEFENDANT:
Okay.
Well, then Article
11
I, Section 20, of the Missouri Constitution says
12
I have a right to a surety bond.
13
Section 21, says that excessive bonds is -- are
14
cruel and unusual punishment.
15
came -- I surrendered myself to this court.
16
walked into this court on November 1 while I was
17
in the middle of my treatment.
18
delayed and then all the sudden they take me to
19
their doctors and I don't need to be treated
20
anymore.
21
I -- it's a miracle of God, you know, that I'm
22
even still alive.
23
can take two to the chest and two to the head
24
and -- .40-caliber hollow-point bullets at point
25
blank range -- and are able to survive.
Article I,
I was shot.
I
I
My treatment was
I had treatments scheduled.
You know,
I don't know how many people
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
56
Page
1
2
I understand, but that's
THE COURT:
not for today --
THE DEFENDANT:
And, Your Honor, God bless
you.
this opportunity, but like I said, I'm fighting
for my life here.
7
8
9
I appreciate your time and letting me have
I understand that.
THE COURT:
understand.
THE DEFENDANT:
And, you know, excuse me if
10
I get a little excited about it, but this --
11
Mr. Parks has no basis for any of these charges.
12
He is trying to save the State millions of
13
dollars by bringing these charges.
14
going to be able to prove to any jury that what
15
I did was -- raised to the charges of what I've
16
been charged with.
17
warrant is no good.
18
proved it beyond a reasonable doubt.
19
Honor, I'm just asking for you to make a
20
decision right now for me to have a surety bond
21
and open this bond up to where I can -- you
22
know, if I had the $50,000, I wouldn't even be
23
here arguing today.
24
the State's whole case now.
25
to the community.
He is not
You know, their search

I've proved that.
I've
And, Your
So that kind of destroys

I'm such a danger
I'm a danger to the community
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
57
Page
if I have $50,000.
to the community if I don't have $50,000.
danger to the community if I can come up with
$50,000 cash.
me.
I mean, if I -- I'm a danger
That doesn't make any sense to
All right.
THE COURT:
The motions will be
taken under advisement.
consider what's been said and done and --
I'm a
As I say, I want to
And when can I get a ruling
THE DEFENDANT:
10
on this, Your Honor?
11
back here today is because you stated last week
12
that I wouldn't -- you know, I mean, that you
13
would rule in a couple of days.
14
today.
15
that there should be no delay, and Your Honor, I
16
mean, I just -- give me the opportunity to get
17
out of here so I can hire a lawyer and I can get
18
this going on.
19
I mean, the reason why I'm
And here I am
And also in my habeas corpus it says
Mr. Weinhaus, I understand your
THE COURT:
20
position and I've told you I'm going to take it
21
under advisement.
22
today's record, but I will get you a copy of
23
Exhibit B to take back with you.
That is going to conclude
24
THE DEFENDANT:
25
THE COURT:
So when can I get a ruling?
As soon as I make it, you will
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
58
Page
know.
THE DEFENDANT:
THE COURT:
Well, Your Honor --
We're off the record.
(Recess.)
THE COURT:
We're going back on the record
now.
again specifically for the purposes of formal
arraignment.
In fact, we're going to call the case
We're back on the record in Case No.
10
12AB-CR02409-01, State of Missouri vs.
11
12
13
defendant is present in person and without
14
counsel.
15

The
Before going on the record, the defendant
16
has requested that we arraign him today despite
17
the fact that he does not have counsel.
18
Is that correct, Mr. Weinhaus?
19
MR. WEINHAUS:
20
THE COURT:
Yes, sir, Your Honor.
All right.
Mr. Weinhaus, as
21
I've indicated to you earlier, the State has
22
filed an eight-count indictment against you.
23
Count I charges you with the class C felony
24
of possession of a controlled substance.
25
State alleges that you in violation of
The
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
59
Page
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.
10
11
Do you understand those
allegations?
MR. WEINHAUS:
No, sir, I do not.
I do not
12
understand that nor do I stand under that
13
charge.
14
THE COURT:
All right.
Well, as I
15
indicated, until you can understand the charges,
16
I can't really arraign you, because ultimately
17
the arraignment is for a plea of guilty or not
18
guilty.
19
MR. WEINHAUS:
Well, I will do this much.
20
I will plead not guilty, and like I said, I move
21
this Court to dismiss these charges.
22
23
THE COURT:
Well, the motion to dismiss
will be denied, but I --
24
MR. WEINHAUS:
25
THE COURT:
On what grounds, Your Honor?
Because I don't find it has
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
60
Page
merit, period.
MR. WEINHAUS:
Okay.
Well, I mean, does
the State -- does the statutes of the State of
Missouri apply?
they didn't have a man there when they -- the
State Patrol didn't follow the law.
THE COURT:
You know, I'm -- my goodness,
We're not here to have an
evidentiary hearing or a trial.
you're getting the cart before the horse, Mr.
10
Weinhaus.
11
on your comments, not evidence.
12
for a trial.
13
14
You're trying to try this case based

We're not here
This is not a trial.
MR. WEINHAUS:
I think, Your Honor -- I
believe I just admitted evidence into that.
15
16
That's what --
THE COURT:
That doesn't prove your
innocence by any means, Mr. Weinhaus.
17
MR. WEINHAUS:
Well, it proves that the
18
State didn't have the -- I'm sorry, Your Honor.
19
I mean -- just -- I'm frustrated because I've
20
sat in this jail for 120 days or whatever --
21
THE COURT:
I've heard that argument
22
already, Mr. Weinhaus.
23
but you're repeating yourself over and over and
24
over.
25
I don't want to be rude,
I've heard it, and I understand it.

MR. WEINHAUS:
But I -- okay.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
61
Page
THE COURT:
I'm not doing what you want me
to do, yet at least, and I understand that as
well.
and over again doesn't help your chances.
5
6
MR. WEINHAUS:
THE COURT:
The possession part of it.
I mean, I didn't possess anything.

THE COURT:
12
possessed it.
13
possess it.
14
I'm not asking you whether you

They are alleging that you did
Do you understand that?
MR. WEINHAUS:
Yeah, I understand that
part.
16
17
What is it about this charge
MR. WEINHAUS:
11
15
Please excuse
that you don't understand?
9
10
I'm sorry.
me.
7
8
But your telling me the same things over
THE COURT:
So do you understand the
charge?
18
MR. WEINHAUS:
19
THE COURT:
Do I --
Not are you -- I'm not asking
20
you for guilt or innocence.
21
you, do you understand what they allege you have
22
done, not whether you did it or not, but do you
23
understand what they're claiming you have done,
24
that you possessed morphine.
25
that?
I'm simply asking
Do you understand
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
62
Page
MR. WEINHAUS:
THE COURT:
3
4
Yes, sir.
Do you feel you understand the
charge then?
MR. WEINHAUS:
Well, do I understand the
charge?
what understanding actually means.
under that charge?
charge?
I mean, I don't really -- I'm not clear

Do I stand
I mean, am I guilty of that
That's not what I'm asking you.
THE COURT:
10
I'm going to give you -- once I think you
11
understand the charge, then I'm going to ask you
12
how you plead, guilty or not guilty.
13
very clear when I ask you the question, but
14
that's not what I'm asking you yet.
15
want to know whether or not you understand what
16
they claim you have done.
17
their allegations?
18
MR. WEINHAUS:
19
THE COURT:
20
It will be
First, I
Do you understand
Yes, sir.
How do you plead, guilty or not
guilty?
21
MR. WEINHAUS:
22
THE COURT:
Not guilty.
Very well.
Count II charges
23
you with the class C felony of tampering with a
24
judicial officer.
25
violation of Section 565.084 of the Revised
The State alleges that you in
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
63
Page
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
10
threatening to try and execute Judge Kelly
11
Parker for treason.
12
Again, do you understand what they say
13
you've done?
14
understand their allegation?
15
Not did you do it, but do you
MR. WEINHAUS:
Do I understand?
No, I
16
don't understand it because I didn't hear
17
anything about Kelly Parker even mentioned in
18
the video.
19
I mean, where did you come up with that at?
20
THE COURT:
I'm not saying, did you do it.
21
They might have said you threatened Santa Claus.
22
That's not the question.
23
they claim you did?
24
threatened Kelly Parker, not whether they have
25
evidence of it.
Do you understand what
They claim that you
That's --
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
64
Page
MR. WEINHAUS:
THE COURT:
MR. WEINHAUS:
THE COURT:
Do you understand?
guilty?
MR. WEINHAUS:
THE COURT:
Yes.
Yes, sir.
Not guilty.
Very well.
The defendant
enters a plea of not guilty.

As to Count III, they charge you with a
10
class A misdemeanor of possession of up to
11
35 grams of marijuana.
12
13
Statutes of Missouri committed the class A
14
misdemeanor of possession of a controlled
15
substance punishable upon conviction under
16
Sections 558.011 and 560.016 of the Revised
17
Statutes of Missouri in that on or about
18
August 27, 2012, in Franklin County, Missouri,
19
you possessed marijuana, which is a controlled
20
substance, knowing of its presence and nature.
21
Do you understand --
22
MR. WEINHAUS:
23
THE COURT:
24
MR. WEINHAUS:
25
THE COURT:
They allege that you in
Yes, sir.
-- the allegations?
Yes, sir.
How do you plead, guilty or
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
65
Page
not --
MR. WEINHAUS:
THE COURT:
Let me finish the question.
How do you plead, guilty or not guilty?
MR. WEINHAUS:
THE COURT:
Not guilty.
Not guilty.
She can only take one of us at
a time.
MR. WEINHAUS:
THE COURT:
I'm sorry.
Count IV charges you with a
10
class A felony of attempt to assault -- I'm
11
sorry -- attempted assault in the first degree
12
of a law enforcement officer.
13
you in violation of Section 565.081.1 of the
14
Revised Statutes of Missouri committed the class
15
A felony of assault of a law enforcement officer
16
in the first degree punishable upon conviction
17
under Section 558.011 of the Revised Statutes of
18
Missouri in that on or about September 11, 2012,
19
in Franklin County, Missouri, Sergeant Folsom
20
was a law enforcement officer, that you knew he
21
was a law enforcement officer and that you
22
attempted to kill or to cause serious physical
23
injury to him by shooting him.
They allege that
24
Do you understand what they claim you did?
25
MR. WEINHAUS:
I understand what they claim
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
66
Page
I did.
2
3
THE COURT:
--
MR. WEINHAUS:
THE COURT:
Not guilty.
Let me finish.
How do you
plead, guilty or not guilty?
MR. WEINHAUS:
THE COURT:
Count V charges you with the unclassified
Not guilty.
Thank you.
10
crime of armed criminal action.
11
alleges that you in violation of Section 571.015
12
of the Revised Statutes of Missouri committed
13
the felony of armed criminal action punishable
14
upon conviction under Section 571.015.1 of the
15
Revised Statutes of Missouri in that on or about
16
September 11, 2012, in Franklin County,
17
Missouri, you committed the felony of attempted
18
assault of a law enforcement officer charged in
19
Count VI, all allegations of which are
20
incorporated herein by reference, and that you
21
committed that felony of an attempted assault of
22
a law enforcement officer by, with and through
23
the knowing use, assistance and aid of a deadly
24
weapon.
25
The State
Now, since they refer to the next count,

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
67
Page
before I ask you whether you understand this
count, let me go to Count VI.
MR. WEINHAUS:
THE COURT:
Yes, sir.
Count VI charges with a class A
felony of attempted assault of a law enforcement
officer in the first degree.
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
They allege that
10
in the first degree punishable upon conviction
11
under Section 558.011 of the Revised Statutes of
12
Missouri in that on or about September 11, 2012,
13
in Franklin County, Missouri, Corporal Mertens
14
was a law enforcement officer, that you knew
15
that Corporal Mertens was a law enforcement
16
officer, that you knew that Corporal Mertens was
17
a law enforcement officer and that you attempted
18
to kill or to cause serious physical injury to
19
Corporal Mertens by shooting him.
20
21
With regard to Count VI, do you understand

what they claim you did?
22
MR. WEINHAUS:
23
THE COURT:
24
25
Yes, sir.
How do you plead, guilty or
not -MR. WEINHAUS:
Not guilty.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
68
Page
THE COURT:
And referring back again to Count V since
-- guilty?
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?
6
7
8
9
MR. WEINHAUS:
Why is that one not
classified, and the other one is?

THE COURT:
are written.
It's just the way the statutes
Some felonies are classified A, B,
10
C or D.
11
criminal action is not a classified felony.
12
It's just the way the statute is written.
13
14
15
Others are unclassified.
MR. WEINHAUS:
Armed
The way I read the other one
was classified as something.

THE COURT:
Count VI is a class A felony,
16
but the Count V, armed criminal action, which is
17
a separate crime, the armed criminal action
18
itself is not a classified felony.
19
MR. WEINHAUS:
20
THE COURT:
21
All right.
MR. WEINHAUS:
23
THE COURT:
25
Do you understand
the allegations of Count V?
22
24
Yes, sir.
Yes, sir.
guilty?
MR. WEINHAUS:
Not guilty.
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
69
Page
THE COURT:
Count VII again charges you
with an unclassified felony of armed criminal
action.
sure why they were set up in this order, but
that's the way it is.
Statutes of Missouri you committed the felony of
armed criminal action punishable upon conviction
under Section 571.015.1 of the Revised Statutes
This one relating to Count IV.
I'm not
They allege that in
10
of Missouri in that on or about September 11,
11
2012, in Franklin County, Missouri, you
12
committed the felony of attempted assault of a
13
law enforcement officer charged in Count IV, all
14
allegations of which are incorporated herein by
15
reference, and that you committed the foregoing
16
felony of attempted assault of a law enforcement
17
officer by, with and through the knowing use,
18
assistance and aid of a deadly weapon.
19
understand the allegations?
20
MR. WEINHAUS:
21
THE COURT:
22
Yes, sir.
guilty?
23
MR. WEINHAUS:
24
THE COURT:
25
Do you
Not guilty.
Finally, Count VIII charges you
with the class D felony of resisting or

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
70
Page
interfering with an arrest for a felony.
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
They
10
were law enforcement officers, they were making
11
an arrest of you for possession of a controlled
12
substance and that you knew or reasonably should
13
have known that they were making an arrest, and
14
that for the purpose of preventing the officers
15
from effecting the arrest, you resisted the
16
arrest of yourself by using or threatening the
17
use of violence or physical force.
18
understand the allegations?
19
MR. WEINHAUS:
20
THE COURT:
21
Do you
Yes, sir, I do.
guilty?
22
MR. WEINHAUS:
23
THE COURT:
Not guilty.
Very well.
The defendant has
24
entered pleas of not guilty to all eight counts,
25
and the record will so reflect.

Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
71
Page
That will conclude the arraignment.
That concludes today's record.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
72
Page
1
2
3
REPORTER'S CERTIFICATE
4
5
I, Brenda L. Schmelz, Certified Verbatim
Reporter-Master, Certified Court Reporter, certify that I
am the official court reporter for Division I of the 20th
Judicial Circuit of Missouri at Union, Missouri; that on
February 14 and 21, 2013, I was present and reported all
10
of the proceedings in State of Missouri, Plaintiff, vs.
11
Jeffrey R. Weinhaus, Defendant, Case No. 12AB-CR02409-01.
12
I further certify that the foregoing 73 pages
13
contain a true and accurate transcription of the
14
proceedings.
15
__
16
Brenda L. Schmelz, CVR-Master, CCR

Official Court Reporter
20th Judicial Circuit
Franklin County, Missouri
17
________________________________
18
19
20
21
22
23
24
25
Work: 636.583.6307
bschmelz@gmail.com
Mobile: 636.234.5088
73

Jeffrey Weinhaus Feb 2013 Proceedings TX

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Jeffrey Weinhaus Feb 2013 Proceedings TX

Uploaded by

Copyright:

Available Formats

IN THE MISSOURI COURT OF APPEALS

Case No. ED100807

IN THE CIRCUIT COURT OF MISSOURI

Case No. 12AB-CR02409-01

Mr. Jeffrey R. Weinhaus

February 14, 2013, Proceedings

February 21, 2013, Proceedings

Motions Hearings .................................

Formal Arraignment ...............................

State's Exh. 1, DVD of pod cast ....................

State's Exh. 2, CD of audio recording ..............

Defendant's Exh. A, Arrest warrant .................

Defendant's Exh. B, Notes from jail ................

FEBRUARY 14, 2013, PROCEEDINGS

We're calling on the record

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

by Prosecuting Attorney Mr. Robert Parks.

defendant is present in person and the attorney,

Ross Mutrux, is also present in person.

The State is represented

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

motion for leave to withdraw.

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.

motions earlier today.

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

while to argue these motions, but again --

I just learned of these

I'm guessing it will take you quite a

Well, just the -- the main

thing I wanted to do is the surety.

that would take five minutes, you know.

Well, let's address this other

topic first, and if we have a few minutes to

talk about that, we can talk about that some

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

Yes, Your Honor.

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

was set fairly early.

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.

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

Of course, the matter is set for

At the request of the defendant, it

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

said in his motion.

that's fine with me.

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

other counsel as soon as I can afford some, you

Your Honor, it's like he

And if Tyson wants to get out, then

I really believe that I

Well, we'll talk