. . . Plaintiff . . vs. . . ANGELO TROTTER, IV . . Defendant . . . . . . . . . . . . . . . . .

Case No. N564933

HEARING July 2, 2004 APPEARANCES: FOR THE PLAINTIFF: FOR THE DEFENDANT: NO APPEARANCE MADE ANGELO TROTTER, IV, in pro per 10118 San Carlos Avenue South Gate, California 90280 (323) 228-5625


Lutz & Company, Inc. 100 West Lemon Avenue Suite 103 Monrovia, California 91016 (626) 303-1113
Lutz & Company, Inc. (626) 303-1113

2 Proceedings recorded by an unmonitored electronic sound recording, transcript produced by Federally Approved Transcription Service.

Lutz & Company, Inc. (626) 303-1113

3 1 2 3 4 5 BELLFLOWER, CALIFORNIA FRIDAY, JULY 2, 2004, PROCEEDINGS BEGIN DIVISION NO. 1, HONORABLE EDWARD H. DRAYER, COMMISSIONER (Court is Called to Order) THE COURT: People of the State of California versus

6 Angelo Trotter the forth. 7 8 DEFENDANT TROTTER: THE COURT: Good morning, Your Honor. Okay. Now, Mr. Trotter, Now, one is

Good morning.

9 you have filed some documents with the court. 10 dated June 25th, notice of non-operation. 11 12 13 DEFENDANT TROTTER: THE COURT: Um-hum. Non-opposition.


For a notice of motion, a motion

14 to quash filed -15 THE COURT: Okay. Well I’m going to take, I’m going

16 to take them up one at a time if that’s all right with you. 17 Okay. Did you file any of these motions with the District

18 Attorney? 19 20 DEFENDANT TROTTER: THE COURT: Okay. Yes, Your Honor. All right. Let me call the

21 District Attorney’s Office, see if they would like to send a 22 deputy down. 23 24 25 matter. THE COURT: If you’ll just have a seat please. (Off the Record) All right. We’ll recall Mr. Trotter’s

This is case N564933.

And Mr. Trotter, I asked my

26 clerk to call the District Attorney and it’s my understanding

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4 1 they did receive your motions. All of their deputies are And with your permission, I

2 engaged in other cases right now.

3 would proceed without the District Attorney but I’ll leave that 4 up to you. 5 DEFENDANT TROTTER: Well, Your Honor, I’d like to

6 object, Your Honor. 7 kind of past -8 THE COURT:

They had the -- time for opposition has

Well, no.

I’m just asking, do you want

9 me to ask them to send somebody down when somebodies available 10 or do you want to proceed without them? 11 DEFENDANT TROTTER: Well, it matters not, Your Honor.

12 They haven’t opposed and the opposition must be provided on 13 paper. 14 THE COURT: Well, do you want them down here or not?

15 Just tell me yes or no. 16 DEFENDANT TROTTER: Well, the motion is unopposed,

17 Your Honor, so it wouldn’t make a difference whether they’re 18 here or not. 19 20 THE COURT: Well, do you want them here? How can they be here, Your Honor,


21 when they haven’t opposed? 22 THE COURT: Well, they have a right to be in court,

23 whether they’re going to have a chance to present something at 24 this late stage I don’t know. They’re saying that they’re all

25 tied up and apparently they’re -- allowed me to proceed without 26 them. I’m asking you if you want me to proceed without them?

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5 1 DEFENDANT TROTTER: Is Your Honor going to prosecute

2 for the People -3 THE COURT: I don’t prosecute. I’m going to hear But I’m asking if

4 what you have to say on your motion, sir. 5 you want the District Attorney here or not? 6 DEFENDANT TROTTER:

I don’t understand, Your Honor.

7 The District Attorney has my paperwork, has the defendant’s 8 paperwork and had plenty of time to oppose; they haven’t. So I

9 don’t know what the, what the, the reason for them to be here 10 would be in the first place. 11 THE COURT: Okay. So I’m going to take that as a you

12 don’t want the District Attorney present; is that -- my 13 understanding correct? 14 DEFENDANT TROTTER: They haven’t opposed, Your Honor,

15 that’s what I’m saying. 16 THE COURT: I understand. And I’m going to put that

17 in part of your case here that you have filed a notice dated -18 well actually, it’s file stamped June 25th, notice of non19 opposition. 20 DEFENDANT TROTTER: The notice of motion was June

21 11th, Your Honor. 22 23 minute. 24 not? 25 26 DEFENDANT TROTTER: THE COURT: Okay. I object to it, Your Honor, yes. I’ll mark that on there. Okay. THE COURT: All right. Well, I’m going to take those up in a Do you want the District Attorney here or

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6 1 And then I’m going to show notice of non-opposition filed June 2 25th of this year. Then you have also filed on June 11th of this Anything else you’d like

3 year a request for judicial notice.

4 to say about that request for judicial notice regarding the 5 California Judicial Council’s website annual report? 6 7 Honor. 8 THE COURT: Okay. All right. Request for judicial notice DEFENDANT TROTTER: It’s all in the brief, Your

9 is granted.

Then your next motion filed June 11th of

10 this year is a motion to quash for want of subject matter 11 jurisdiction. All right. Is there anything else you’d like to I have read the motion. I have

12 say regarding that motion?

13 also read the attachment which is the 2001 Annual Judicial 14 Council Report that you had asked for judicial notice on. 15 Anything else you’d like to say regarding the motion to quash 16 sir? 17 18 19 DEFENDANT TROTTER: THE COURT: No, Your Honor. Okay. The motion --

All right.


Has Your Honor read the brief on

20 the, the motion to quash? 21 THE COURT: Yes, I’ve read the brief, I’ve the read

22 the annual report and I’m asking if there’s anything else you’d 23 like to say? 24 25 DEFENDANT TROTTER: THE COURT: Okay. No, Your Honor. The motion to quash for want of All right. Now --

26 subject matter jurisdiction is denied. 27 DEFENDANT TROTTER:

And that’s your findings of fact

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7 1 and conclusion of law, Your Honor? 2 THE COURT: I don’t believe that’s a proper subject

3 for that sir. 4

Now, do you wish -Well, Your Honor, is, is, is My motion was


5 taking a position on an unopposed motion. 6 unopposed. 7 8 9 oppose it. 10 THE COURT: THE COURT:

Just because a motion -The People had plenty of time to


Just because a motion is unopposed, sir,

11 doesn’t mean it’s always well taken -12 13 DEFENDANT TROTTER: THE COURT: Well, can --

-- and I find, I find that the section

14 that you’re cited for, 22350 of the California Vehicle Code, 15 unsafe speed, is an infraction. It is not a criminal matter You

16 where you could be placed in jail, it is an infraction. 17 could be fined if you’re convicted. However, it’s my

18 understanding of the law that the standard of proof is the same 19 as what it would be in a criminal case. 20 their case beyond a reasonable doubt. 21 DEFENDANT TROTTER: The issue is where does a peace They have to prove

22 officer get the authority to make that stop for non-criminal 23 matters, Your Honor. 24 25 26 civil. 27 THE COURT: I find that based on your, your motion
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I find -If it’s not criminal then it’s


8 1 here that the officer and the ticket that has been submitted 2 and signed by you, that there was approximate speed of fifty3 six in a forty mile zone, which would appear to violate Section 4 22350 of the Vehicle Code. 5 DEFENDANT TROTTER: That citation also says without

6 admitting -- guilt and it was signed under duress. 7 THE COURT: Well, it was signed just for you to

8 appear in court. 9 And I see -10 11 12 duress. 13

You’re not admitting any guilt by signing it.


Well, how does Your Honor find --

I see that it is marked here under


How does Your Honor find that,

14 that this is a crime? 15 THE COURT: I find that it’s an allegation of an

16 infraction. 17 DEFENDANT TROTTER: An infraction is not a crime,

18 Your Honor. 19 THE COURT: An infraction is subject to penalties of It’s not subject to any kind of

20 loss of license and/or a fine. 21 a jailable offense. 22 DEFENDANT TROTTER:

But the defendant’s position is

23 that a peace officer, California peace officer hasn’t the 24 authority to make a stop for non-criminal violations. 25 what the motion to quash was for. 26 27 THE COURT: Okay. And I have -And that’s what was mentioned in, That’s


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9 1 in the -2 3 4 THE COURT: Sir -It’s also backed up by --


-- very respectfully now, I have denied

5 your motion. 6


But Your Honor refuses to provide

7 the authority. 8 THE COURT: I just gave you the authority. Now, sir,

9 it’s here for arraignment today, are you ready to go forward 10 with your arraignment? 11 DEFENDANT TROTTER: I request a -- well, I demand a So Your Honor

12 verified complaint or verified notice to appear.

13 can set a future date where I come in and view the verified 14 complaint and I’ll come in and address it then. 15 THE COURT: All right. Well, that request is denied.

16 If you’d like, I’ll continue your arraignment if you’d like to 17 consider the case further. 18 DEFENDANT TROTTER: That can’t be denied, Your Honor.

19 40513(b) of -20 21 22 23 you -24 25 Honor. 26 THE COURT: Would you like to come in on another date Are you ready to proceed with your
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Sir, I have just denied it. -- the California Vehicle Code -Now, would


Sir, I have just denied it.


I’ll enter a plea then, Your

27 for your arraignment?

10 1 arraignment today, sir? 2 DEFENDANT TROTTER: I’m requesting a verified

3 complaint pursuant to 40515(b) of the California Vehicle Code, 4 which I’m entitled to. 5 THE COURT: Okay. I have just denied that, sir. I’m

6 asking if -7 8 DEFENDANT TROTTER: THE COURT: It can’t be denied, Your Honor. Do you wish to proceed

Sir, excuse me.

9 with your arraignment today or would you like -10 DEFENDANT TROTTER: You can set up a future date,

11 Your Honor. 12 13 THE COURT: Okay. All right. At --


And I’d like it noted on the

14 record that I object and request a verified complaint. 15 16 continued. 17 sir? 18 19 DEFENDANT TROTTER: THE COURT: Thirty days. Okay. We’ll continue THE COURT: At defendant’s request arraignment is

What date would you like to return to this court,

Today is July 2nd.

20 it to August 2nd. 21 22 rights. 23

Do you waive time for speedy trial then? I waive no time. I waive no



Well then, then sir, I’m ready to go

24 forward with your arraignment. 25 DEFENDANT TROTTER: Your Honor hasn’t proved Subject matter jurisdiction is

26 jurisdiction yet, Your Honor. 27 challengeable at any time --

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11 1 2 THE COURT: All right. -- and I’m challenging


3 jurisdiction. 4 THE COURT: Okay. Well, let me take care of your

5 arraignment.

On case N564933, charges Section 22350 of the

6 Vehicle Code, unsafe speed, and the allegation is fifty-six in 7 a forty mile zone. 8 9 Do you understand the charge, sir? No, I do not. Did you hear your


All right.

10 constitutional rights today, sir, at the earlier hearing? 11 12 DEFENDANT TROTTER: THE COURT: I did. Okay. What don’t you

All right.

13 understand about the charge, sir? 14 DEFENDANT TROTTER: I don’t understand how the charge

15 -- the People have not opposed the motion requesting 16 jurisdiction. It’s on -- it’s upon the People to provide or So I

17 to, to prove that they have jurisdiction; they have not.

18 don’t understand how it can be charged once the People have not 19 -- had plenty of opportunity according to the rules of court 20 and the California Civil -- Code of Civil Procedure, and they 21 have not done so and I can still be charged. 22 THE COURT: All right. Sir, I’m reading Section

23 22350, basic speed law. 24 25 26 27 “No person shall drive a vehicle upon a highway at a greater speed then is reasonable or prudent having the regard for weather, visibility, the traffic on the surface and the width of the highway,
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12 1 2 3 4 you, sir? 5 6 Honor? 7 8 9 THE COURT: This is an infraction, sir. So it’s not criminal? Okay. DEFENDANT TROTTER: Is this a criminal charge, Your and in no event at a speed which endangers the safety of persons or property.” Do you understand the language that I just read to


It is an infraction, as I’ve said.

10 Do you understand the language that I have just read to you? 11 DEFENDANT TROTTER: No, Your Honor. Your Honor is

12 not stating clearly and specifically, is this a crime or is it 13 not. 14 THE COURT: Sir, it is an infraction. And as I

15 explained earlier, you can not be placed in jail if you’re 16 convicted of it. However, they have -- the criminal burden of

17 proof, proof beyond a reasonable doubt. 18 19 no? 20 21 22 THE COURT: It is an infraction, sir. So it’s not a crime? DEFENDANT TROTTER: Is it a crime, Your Honor, yes or


It’s an infraction and you could be given You could be also -- take you license away Those are -But is it a crime? Those are the

23 a sentence of bail. 24 for a period of time. 25 26


-- the consequences.

27 consequences.
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13 1 DEFENDANT TROTTER: I know the consequences, but I

2 don’t understand if it’s a crime or not. 3 4 5 civil. 6 THE COURT: It’s non-criminal, sir, but it’s still an THE COURT: It’s non-criminal in the -So if it’s non-criminal then it’s


7 infraction. 8 DEFENDANT TROTTER: If it’s non-criminal then it’s

9 civil, Your Honor.

California Constitution per Section 22 of

10 the Code of Federal -- Civil Procedure only recognizes two 11 types of actions; civil or criminal. 12 then it’s civil and why am I here? 13 THE COURT: You’re here for your arraignment. So if it’s not criminal

14 I’ve advised -15 16 Honor? 17 THE COURT: I’ve advised you of the charges. You DEFENDANT TROTTER: On a non-criminal charge, Your

18 have indicated you heard the rights. 19 plea to the charge of speeding, sir? 20 DEFENDANT TROTTER:

So do you wish to enter a

Why do I have to enter a charge

21 on a non-criminal violation? 22 THE COURT: I’m asking you, do you wish to enter a

23 plea to the charge, sir? 24 DEFENDANT TROTTER: On a criminal violation or a

25 civil violation? 26 27 THE COURT: It’s on an infraction, sir. And Your Honor just said it was


Lutz & Company, Inc. (626) 303-1113

14 1 non-criminal so what’s that -- that means it’s civil. 2 3 to -4 5 Honor. 6 7 8 THE COURT: Do you wish to enter a plea? I’m not entering a plea. On the Court’s motion I’m going to DEFENDANT TROTTER: I’m not entering a plea, Your THE COURT: Okay. Sir, I’m going to ask you, do wish


9 enter a plea of not guilty for you. 10 DEFENDANT TROTTER: Well, I’d like an objection also

11 stated on record that I did not enter a plea. 12 THE COURT: Okay. It’s on the record, sir. Okay.

13 We’ll set -14 15 Honor? 16 THE COURT: You can take that up with the clerk’s DEFENDANT TROTTER: May I have a copy of that, Your

17 office, sir. 18

They have certain procedures. Your Honor did mark that I


19 objected to the entering of a plea? 20 THE COURT: I have indicated on the Court’s motion, I All right. The trial --

21 entering a plea for you, sir. 22 DEFENDANT TROTTER:

My objection needs to by noted,

23 Your Honor. 24 THE COURT: Excuse me. Would you let me speak now?

25 Will you let me speak, sir? 26 DEFENDANT TROTTER: If Your Honor will put my

27 objection down for the record.
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15 1 2 sir. THE COURT: Okay. Your record is being made as you speak,

The court trial is set for August 11th of this And I’m going to ask you to Please cooperate --

3 year, 9:00 a.m., this division. 4 sign a written promise to appear. 5 DEFENDANT TROTTER:

How’s the record being taken,

6 Your Honor? 7 8 9 10 11 THE COURT: -- with the bailiff. Pardon me?


How’s this record being taken?

It’s electronic recording. May I get a copy of that?


That’s up to you to take it up with the

12 clerk’s office. 13 Okay. 14

I don’t know what their fees are on that, sir.

Please cooperate with the bailiff now. DEFENDANT TROTTER: I will not being signing another

15 notice to appear, Your Honor. 16 THE COURT: All right. Put him in custody until he

17 signs the OR. 18 DEFENDANT TROTTER: How can -- how can Your Honor put

19 me in custody for a non-criminal violation? 20 THE COURT: I’m just asking you to sign a written

21 promise to appear. 22

I’m not asking you to -I’ve already appeared. The


23 People haven’t opposed. 24 25 26 court -27 THE COURT: Sir, I’m not asking you to post bail.
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I’m not asking you to post bail. I’m doing everything that the


16 1 I’m just asking you to sign a written promise to appear on this 2 case. 3 DEFENDANT TROTTER: Your Honor, I followed all court Why am I being treated

4 procedure and all rules of the court. 5 any differently?

Is this a constitutional court or

6 administrative law -7 THE COURT: Sir, normally I have the people post a

8 hundred dollar ($100) bail -- and you sat here during the other 9 hearings, I’m waiving that hundred dollar ($100) bail. 10 only asking you to sign a written promise to appear. I’m

As soon

11 as sign that written promise to appear you’ll be released. 12 DEFENDANT TROTTER: Excuse me, Your Honor, I’m still

13 making a record. 14

Why are you leaving the bench? Okay. Sir, sir, I am leaving the bench Do you


15 because I’m asking you to sign the promise to appear. 16 want to do that now? 17 DEFENDANT TROTTER:

This matter’s not concluded.


18 still addressing the Court. 19 20 THE COURT: All right. Is this an administrative law


21 court of constitutional court? 22 THE COURT: It’s a court with the State of

23 California, County of Los Angeles -24 DEFENDANT TROTTER: Is it a constitutional court or

25 an administrative law court? 26 THE COURT: Sir, I’m not going to engage in a

27 question and answer with you now.
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17 1 DEFENDANT TROTTER: This is something I have a right Are you going to let me know

2 to as a, as a defendant in court. 3 or not? 4 THE COURT:

I have, I have addressed you as far as

5 I’m going to address you at this point, sir. 6 DEFENDANT TROTTER: So you’re not going to completely

7 explain everything to me in a court of law? 8 THE COURT: Sir, it’s not my job to explain to you.

9 You can hire an attorney if you need some further legal 10 explanations -11 DEFENDANT TROTTER: I can read the law, Your Honor.

12 And this Court is not following the law. 13 THE COURT: Well, that’s up to you then, sir. Okay.


. . . Plaintiff . . vs. . . ANGELO TROTTER, IV . . Defendant . . . . . . . . . . . . . . . . .

Case No. N564933 Certification

Lutz & Company, Inc. (626) 303-1113

18 STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Karen Pulling, a duly designated transcriber, do hereby declare and certify under penalty of perjury that I have transcribed the portion of tape which was duly recorded in the Superior Court of the State of California, County of Los Angeles, Bellflower, Division 1, on the 2nd day of July, 2004, in the above mentioned case, and that the foregoing 15 pages comprise a true and correct, accurate transcription of the aforementioned tape. Dated this 3rd day of August, 2004.

__________________________________________ Manager LUTZ & COMPANY, INC. 100 WEST LEMON SUITE 103 MONROVIA, CALIFORNIA (626) 303-1113


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