Speaker 1: Ripped up.
Speaker 2: News needs who you don't have?
Speaker 1: Come running just as fast as we can.
Speaker 2: Shooter's gonna help come.
Speaker 1: Man is the Troubleshooter Show. No Tom Martino, Hey Tom
Speaker 1: Martino here, Welcome to the show. Three oh three seven
Speaker 1: one three talk is the number. The phones were locked up,
Speaker 1: so if you tried to call and you can get in,
Speaker 1: but you can also call three oh three Martino twenty
Speaker 1: four to seven, three oh three six two seven eight
Speaker 1: four six six. If you're a first time listener, it
Speaker 1: would thrill me to death, by the way, because being
Speaker 1: here for forty five years, having new listeners would be
Speaker 1: a cool thrill. And we love you. Also. We solve problems,
Speaker 1: we answer questions, we take complaints, We make life a
Speaker 1: little easier. We talk about everyday life, the things that
Speaker 1: tick you off, the things that make you tick. And
Speaker 1: a lot happening in the consumer world always because everything
Speaker 1: hits you with the economy, everything whether you're buying or selling,
Speaker 1: or whether you're have a home service or whether you're
Speaker 1: thinking about moving, or whether you have a car and
Speaker 1: need service. But I mean there's our banking or finance.
Speaker 1: Oh my god, there's just so many things, including water,
Speaker 1: That's why I love water Pros. Never lets the customer
Speaker 1: down the best systems at the lowest prices. Waterpros dot
Speaker 1: net right now it's only until Labor Day. You have
Speaker 1: to so I guess you'd have to call. You have
Speaker 1: to book it by then. You don't have to have
Speaker 1: it installed. Whole house conditioning and whole house purification thirty
Speaker 1: one ninety five, both of those would cost way over
Speaker 1: four grand. That's with water Pros. If you went somewhere else,
Speaker 1: they cost over ten thousand. Thirty one ninety five fully
Speaker 1: installed Waterpros dot Net three zo three eight six two
Speaker 1: five five five four. One of the favorite topics real estate.
Speaker 1: Stephanie Thomas is with us. Stephanie is a bud from long, long,
Speaker 1: long time bud, and she does real estate in the
Speaker 1: Springs area. The Springs area is it pretty much? Does
Speaker 1: it mirror Denver or do you see times that they're
Speaker 1: completely different stuff?
Speaker 3: You know, I've always thought that the Springs market has
Speaker 3: been it mirrors but maybe a little behind. So when
Speaker 3: the Denver markets boom in, I feel like the Springs
Speaker 3: takes a little bit to catch up. But lately I've
Speaker 3: kind of heard some differences I've heard that Denver's market
Speaker 3: is still.
Speaker 4: Moving pretty well.
Speaker 3: Colorado Springs, we're seeing pretty good days on market right
Speaker 3: now across the board, So longer on market absolutely. I
Speaker 3: pulled a report yesterday for a client in Colorado Springs.
Speaker 3: In all of our active properties in Colorado Springs, we
Speaker 3: were seeing over sixty days as an average on market.
Speaker 1: Oh wow, okay, what was it in its heyday?
Speaker 3: Oh, we would see homes going you know, few days
Speaker 3: a day, a couple of hours you'd start getting offers.
Speaker 4: So typically a little negotiation.
Speaker 1: Timey thingks going on, supply and demand, interest rates, what
Speaker 1: you know.
Speaker 3: I think we've seen a pretty good increase in inventory.
Speaker 3: I definitely think there's some economic factors going on just
Speaker 3: the economy as a whole, and it's an election year,
Speaker 3: so in a traditional market, those things definitely disrupt our market,
Speaker 3: you know, the way housing moves. Interest rates have maintained
Speaker 3: a higher point, even though they have come down a
Speaker 3: little bit. I'm pretty hopeful that we see a FED
Speaker 3: decrease next month. They kind of indicated that that's a
Speaker 3: possibility for us. I think if we see that, we're
Speaker 3: going to see some positive action in the market.
Speaker 1: What's the sweet spot. As far as pricing, that moves
Speaker 1: faster than others.
Speaker 3: You know, I would say that under our median, so
Speaker 3: under say four fifty, we could see things moving better.
Speaker 3: But you know, I've got one under four hundred right now.
Speaker 3: That's thirty days plus.
Speaker 1: So all right, Connie is on the phone, Connie, welcome
Speaker 1: to the No. No, I'm sorry, Connie is not. Okay,
Speaker 1: that's why that notes there, Kevin, what's going on with you? Kevin?
Speaker 1: What's happening?
Speaker 5: Hello Tom, and hello to Mark if he's out there.
Speaker 1: No, he and Susanne are traveling. I think for their anniversary,
Speaker 1: their thirtieth anniversary, I believe, and that's wonderful. So anyway,
Speaker 1: what's going on relative? I'm sure they're listening so high
Speaker 1: and happy anniversary. I forget what day, exact day it
Speaker 1: is they're anniversary.
Speaker 5: I hope they're having a happy annivers Yeah.
Speaker 1: So, well, at least, uh Mark is that's funny and
Speaker 1: I'm just kidding. What's going on? keV?
Speaker 5: Oh, I have a relatively simple question. Yeah, I need
Speaker 5: to have somebody come out and look at a ge
Speaker 5: range I've got that's uh not working, the ovens not working?
Speaker 1: Okay, this is.
Speaker 5: My situation is I'm blind, are almost completely blind, and
Speaker 5: so it's a little hard for me to get on
Speaker 5: the computer and try to look things up or to
Speaker 5: go on and look for your referral list.
Speaker 1: Yeah, we we're in a slump right now with applients
Speaker 1: for pre I think, okay, I mean, hold on, that
Speaker 1: doesn't mean we don't have any I have some people.
Speaker 1: I have some people that I truly have to get
Speaker 1: on the on the site that i've vet, I've already vetted.
Speaker 1: They're good people. Let me just see. I am hold on,
Speaker 1: I haven't been on there in a while for Appliance.
Speaker 1: I don't believe we had someone we had to get
Speaker 1: rid of here. Let me just see, well Jensen is
Speaker 1: Is Jensen still on there? No, I don't know if Jensen, Yes,
Speaker 1: it is, of course it is. Why would it Jensen Appliances.
Speaker 1: They're great people. Now, if you want just a sole
Speaker 1: practitioner that comes out to your house, Jensen Appliance. Let
Speaker 1: me let me give you a number for Jensen okay,
Speaker 1: three oh three, nine eight eight ninety one fifty nine.
Speaker 5: Okay.
Speaker 1: And then there's someone else that I've used. I guess
Speaker 1: we're interrupting somebody. Okay, there's someone else. Now listen, man,
Speaker 1: I just want you to know something. This guy's golden.
Speaker 1: I don't know if you get out there. He's a single.
Speaker 1: I've got this man so busy he's not I'm gonna
Speaker 1: put him on hold. I can't take the talking. So
Speaker 1: if he wants this number, I'll get it for him.
Speaker 1: Jensen appliance is good. The other one is Roma. Roma
Speaker 1: is an independent guy and I think he and his
Speaker 1: wife operate this outfit. He came to my house on
Speaker 1: a Sunday one time, a Sunday afternoon, and we have
Speaker 1: a big thermidor. If you know what that is, it's
Speaker 1: a big it's like a sub zero. And anyway, it
Speaker 1: was like acting up and it's old enough that if
Speaker 1: he told me I needed a new compressor, I would
Speaker 1: have bought one. And he said, ninety five percent of
Speaker 1: the time people would tell you need a compressor. But
Speaker 1: it was a tiny relay. Heini relay a few bucks,
Speaker 1: and the guy refused to overcharge or overtime pay or
Speaker 1: anything on a Sunday, and he did it. I think
Speaker 1: it was like one hundred and fifty bucks. This giant thermidor,
Speaker 1: which by the way would cost over ten grand to
Speaker 1: replace way over maybe twenty, and the compressor would have
Speaker 1: cost about eight grand. We got done for one hundred
Speaker 1: and fifty bucks. I said he had no clue. It's
Speaker 1: not like he knew who I was or anything. And
Speaker 1: I've been referring people to him. Now Listen, I don't
Speaker 1: even know if he wants the work. I mean I
Speaker 1: think he does, but he's a single guy here and
Speaker 1: his name is Roma. Here's the number. And if he
Speaker 1: gets a bunch of calls, you can say you heard
Speaker 1: about him on the radio. But I'm not trying to
Speaker 1: get him to advertise or anything. He's just a small guy.
Speaker 1: But honest is, his day is long. And I think
Speaker 1: he's Russian or Ukrainian or something. I'm sorry. I just
Speaker 1: know he's talked with broken English. Not that that matter.
Speaker 1: But seven to zero seven to zero nine to eight
Speaker 1: zero four six zero nine, So keV, I hope you
Speaker 1: got that. And it's not that I didn't want to
Speaker 1: talk to you, Kevin, but when you're on the radio,
Speaker 1: I can't have the side talking behind you. So Tim
Speaker 1: had his dirt bike stolen. Oh my goodness, Oh my,
Speaker 1: I was just talking to my stepson about his dirt
Speaker 1: bike and he wants to secure it, and there's we
Speaker 1: concluded after talking to dirt bike people, there's no way
Speaker 1: to secure it. In other words, they can pick it
Speaker 1: up and put it on the back of a pickup.
Speaker 1: They are you know, they take a few of them
Speaker 1: to pick it up. It's not exactly that light. This
Speaker 1: is not a little one. But or they can put
Speaker 1: it on a ramp and wheel it up where they
Speaker 1: can just hoist it up. Or they're hard. They're hard
Speaker 1: even if you disable the drive train. It's hard to
Speaker 1: secure it. And it's an age old problem. What I
Speaker 1: think you need to do is not just secure it,
Speaker 1: but do something like the club that person now now
Speaker 1: listen to me. Not just like a regular club that
Speaker 1: keeps it from steering. But dig this. What if you
Speaker 1: went to a dirt bike and you put a big
Speaker 1: horizontal and vertical bar on it where it's awkward to move,
Speaker 1: where you almost can't get it in a pickup truck.
Speaker 1: Think about that, a big horizontal bar and a big
Speaker 1: vertical bar. I don't know anyway, so I don't even
Speaker 1: know what Tim's calling about. I think he said his
Speaker 1: electric dirt bike, which I didn't even know they made
Speaker 1: We were talking about electric things. By the way, Tim,
Speaker 1: they make electric dirt bikes. I didn't even know that.
Speaker 6: Oh hey, tom ya, it's a Saran.
Speaker 1: What does that mean? Are these new? Like I just
Speaker 1: didn't know they even made them.
Speaker 6: Well, it's new to me. It's my son's and he's
Speaker 6: a teenager.
Speaker 1: So no, I understand. Now, is this like a real
Speaker 1: Is this like a real off road dirt bike?
Speaker 6: It's well, yeah, it's more heavy set up that way.
Speaker 6: It looks like one it's a bigger frame than a
Speaker 6: regular bicycle.
Speaker 1: Or is it a regular or is it a regular
Speaker 1: mount just an evy bike?
Speaker 6: Oh, you know, I don't really know the difference. I
Speaker 6: never had ones. Like I said, it's my son's, but
Speaker 6: it's called the Surround and it was five thousand dollars
Speaker 6: and that was a cheap version of it.
Speaker 1: Okay, so what about it?
Speaker 6: Well it's a long shot. But he goes to Lewis
Speaker 6: Palmer High School and some kids down there stole it
Speaker 6: from them one Sunday about riding in the backfield and uh,
Speaker 6: there's like an abandoned house out there they went to
Speaker 6: look at and then real quick going in and out
Speaker 6: somebody took it, that.
Speaker 1: Quick and dirt bike, and yeah, I looked at it. Yeah.
Speaker 6: He spent last summer raising a thousand dollars to put
Speaker 6: down it and we financed the four thousand left over
Speaker 6: and it's gone.
Speaker 1: So I just so, does he did he call police?
Speaker 1: Does he know who's stole it?
Speaker 6: No, we don't. We did call police. And there's a
Speaker 6: Facebook group it's called Charge Colorado Springs p e V.
Speaker 6: And there's like over eight hundred people and they all
Speaker 6: get together and they do these rides and he's part
Speaker 6: of that. And I just I was told if someone
Speaker 6: was selling it or looking you know, not a key
Speaker 6: or a charger, then that I'll give a red flag out.
Speaker 1: And I was just where did he steal it from?
Speaker 7: Anything?
Speaker 6: Right behind Lewis Palmer High School and monument.
Speaker 1: Where was it parked while he was in school?
Speaker 6: No, this is a field. They were down there Sunday.
Speaker 6: There's a field I guess where they riders and these
Speaker 6: little trails that go.
Speaker 1: And then what was he taking a break or something?
Speaker 6: Yeah, there's an abandoned house the kids were all going
Speaker 6: to look at. So they're all inside this.
Speaker 1: So they parked the bike and how now now it's
Speaker 1: hard to steal a Tesla because you have to have
Speaker 1: you have to activate it with a key or a
Speaker 1: cell phone. So are these EV bikes do they have
Speaker 1: tech where? I mean, did they activate it or did
Speaker 1: they pick it up and carry it? Do you know?
Speaker 6: I think they had to wheel it because my son
Speaker 6: took his key out and the other riders that were
Speaker 6: with them had the keys in theirs. Somehow they just
Speaker 6: took his with no key, which is very weird.
Speaker 1: Wow, I wonder, I mean, what the technology is like.
Speaker 1: I think the reason iPhones, a lot of iPhones are
Speaker 1: not stolen anymore is because of the rock solid security
Speaker 1: and it's almost like, well I'll steal it, but I
Speaker 1: can't use it, you know. And I think the only
Speaker 1: reason they get stolen nowadays is for parts. As far
Speaker 1: as evs, if they could somehow make them just so,
Speaker 1: they absolutely do not work at all at all, you know, period,
Speaker 1: there's like without a secret code or a pin or something,
Speaker 1: of course, someone would try to find a way to
Speaker 1: hack it. I don't know what to tell you. What
Speaker 1: were you hoping that we would figure out here? Now?
Speaker 1: Do you have insurance homeowner's insurance that might have off
Speaker 1: premises coverage or no way, they don't cover wheeled objects.
Speaker 1: I don't think off. Did you check with any insurance
Speaker 1: you have?
Speaker 6: I haven't checked with mine yet, but I know I
Speaker 6: had an ATV before that was stolen years ago and
Speaker 6: they're like, nope, that's the SETH insurance policy.
Speaker 8: So I don't know.
Speaker 1: Yeah, because it has wheels, but normally if it was
Speaker 1: tools or something from the house, there's something called off
Speaker 1: premises coverage. So you want to get the word out.
Speaker 1: So what's the word?
Speaker 6: Well, if anybody know what happens to know of anything
Speaker 6: down that way or you know, like I said, they
Speaker 6: can't use it without the key or a charger.
Speaker 1: So so okay, it would have been where it would
Speaker 1: have been. What day.
Speaker 6: It was Sunday this past Sunday, okay? And where three
Speaker 6: in the afternoon I got in right behind Lewis Palmer
Speaker 6: High School and Monument Okay.
Speaker 1: So his off road bike was stolen, damn.
Speaker 6: And like I said, there's a Facebook group called Charge
Speaker 6: Colorado Springs PEV okay, and there's a lot of subscribers
Speaker 6: and all those guys they they meet up in New
Speaker 6: weekend rides together and stuff and anybody post on there
Speaker 6: and hey we we heard somebody talking or whatever.
Speaker 1: That well, okay, if they do, if they do, I mean,
Speaker 1: if I put your number out right now, I'm going
Speaker 1: to warn you about something. If I do, you're going
Speaker 1: to hear from people who are going to scam you.
Speaker 1: They're going to say, like on Craigslist, they're going to say,
Speaker 1: you know, we got it, we want to reward or whatever.
Speaker 1: I mean, just so, how do people get in touch
Speaker 1: with you on the Facebook group or what?
Speaker 6: Yeah, that's well, I'm not part of that. That's my
Speaker 6: son's like, he's a part of the group. So I
Speaker 6: guess they can write on there. I don't know, Like
Speaker 6: you said, if they overwhelm the guy's page, I don't
Speaker 6: less they'll shut it down.
Speaker 1: Or No, I don't think people would overwhelm the page
Speaker 1: or anything. I just mean, if I give your number out,
Speaker 1: you're open to scams. Right, Yeah, I got to take
Speaker 1: a break back, right. I'm sorry, I'm way over time
Speaker 1: because I got enthralled with this story. What color was it?
Speaker 6: It was blue and had a yellow headlight.
Speaker 1: Saran s U s U r r N by the way, Saran, Yes,
Speaker 1: And it was down in Caloro Springs on Sunday and
Speaker 1: yes and look at If anybody just has any suspicion,
Speaker 1: you can contact us. Hey, do me a favorite Kachina?
Speaker 1: Would you get his number so we can call him
Speaker 1: if we hear anything? Go with a sure thing Denver's
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Speaker 1: three O three seven to seven to one help. You'll
Speaker 1: think you're his only customer when you choose Frank durand
Speaker 1: the real estate Man dot com to list your home
Speaker 1: with Remax Alliance three oh three nine two zero sixteen
Speaker 1: twenty two. Hi Tom Martine, your troubleshooter three oh three
Speaker 1: seven on three talk seven one three two five five. Hey,
Speaker 1: plenty of heating left and then winter comes and also
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Speaker 1: Now they do heating, electric, plumbing and cooling three all
Speaker 1: three seven seven zero two seven seven six. You can
Speaker 1: depend on them. I know them personally. Three oh three
Speaker 1: seven seven zero two seven seven six. Welcome to the show.
Speaker 1: Frank Duran joined us as we talked to Stephanie Thomas
Speaker 1: about the Colorado Springs market. Let's talk about let's talk about, uh,
Speaker 1: Frank Duran, their real estate man and Denver market and
Speaker 1: parts North. She said, down there slowing down a bit.
Speaker 1: Average time on the market sixty days. So Frank, what's
Speaker 1: going on here? Man?
Speaker 9: Well, Tom, we see more inventory and the condo market
Speaker 9: has been very tough.
Speaker 1: I'll tell you. I pulled up den I'll tell you
Speaker 1: why it's tough. Okay, I'm sorry. I didn't mean to
Speaker 1: interrupt you. It's tough. I'm one of the reasons it
Speaker 1: might be tough. People are afraid because hoas are imploding
Speaker 1: right now. I mean, the fees are getting outrageous. And
Speaker 1: I'll tell you why. Insurance is through the roof. Some
Speaker 1: of these have to be self insured, which puts the
Speaker 1: homeowner's new his way up.
Speaker 9: Okay, go ahead, Frank. Sorry, no, tob You're right. And
Speaker 9: I'll tell you the other day it was crazy. I
Speaker 9: pulled up just Denver. I'm just talking Denver, and there
Speaker 9: was like one thy and twenty six active condos and
Speaker 9: like two hundred and forty two hunder contractor pending. That's
Speaker 9: how lopsided is becoming sumarious in certain princes.
Speaker 1: So it's hard to get rid of. It's been tough,
Speaker 1: and that's why people want to get rid of them.
Speaker 9: Yeah, the attached market's been tougher now the single family market,
Speaker 9: although we see more inventory, homes are still moving, it's
Speaker 9: just taken longer to move them.
Speaker 1: So the key is priced from right about what's the
Speaker 1: average time to market on a single family?
Speaker 9: Well, right now we're seeing the median days around twenty
Speaker 9: five to twenty eight days median.
Speaker 1: So it's double in the springs. Yeah, it's been maybe
Speaker 1: so And what price range are you calling hot?
Speaker 9: I'd say anything from five to seven fifty is still
Speaker 9: the about forty percent of the market that moves pretty
Speaker 9: you know, makes it about forty percent of the market.
Speaker 1: Are there any homes two hundred and fifty to three
Speaker 1: hundred anymore?
Speaker 9: Boy, if they are a time, they'd be very tough
Speaker 9: to find that, you know, I run into some.
Speaker 1: My god, I mean I remember it wasn't that long
Speaker 1: ago that five hundred thousand was pretty really really nice,
Speaker 1: really nice house, and you could get a house for
Speaker 1: three fifty. Yeah, that's right, that's exactly and you can't.
Speaker 1: But you know what, the funny say, something's got to give.
Speaker 1: I mean truly sure. Now listen, I don't want to
Speaker 1: like some some crazy person that wants government intervention and everything.
Speaker 1: I'm not talking about that, but means mean people. People.
Speaker 1: The idea of having a home was something to work toward,
Speaker 1: and I think a lot of people, just a lot
Speaker 1: of young people, feel like it's impossible. Now it's just
Speaker 1: damn near impossible, even when both of them are working, right,
Speaker 1: I mean, Frank to qualify for these houses at six
Speaker 1: and seven or Stephanie, what does somebody have to make
Speaker 1: Let's just say it. What do people have to make
Speaker 1: just roughly for six or seven hundred that I mean,
Speaker 1: I know you're not in the mortgage biz, but you
Speaker 1: got an idea.
Speaker 9: Boy, Tom, I mean the people we see, I mean
Speaker 9: somewhere between eighty to one hundred thousand minimum, I would say,
Speaker 9: And even then that might even be tough for them.
Speaker 9: But here's the thing too. Economic data, as you know,
Speaker 9: is coming pretty soft. The jobs report missed expectations by
Speaker 9: like sixty thousand jobs, so that tends to point towards
Speaker 9: the easing of interest rates. So although they're talking about
Speaker 9: cutting interest rates, it looks very promising for September, certainly
Speaker 9: not as certainty.
Speaker 1: Right now, that looks very promising.
Speaker 9: So if they drop those rates tom it's going to
Speaker 9: be very very interesting because even though inventory has risen
Speaker 9: to some point, we still have relatively low inventory. So
Speaker 9: if rates drop, it's going to be very interesting to
Speaker 9: see how the market reacts to that, especially if they
Speaker 9: drop between a.
Speaker 1: Quarter and a point. You know, what do you think
Speaker 1: will happen? Well, I personally think they will drop, and
Speaker 1: what do you think will happen? And I think that
Speaker 1: what's going to happen.
Speaker 9: You're gonna see more by in the market, and I
Speaker 9: think at that point that'll eat up some of the
Speaker 9: inventory we're seeing grow and homes and move faster.
Speaker 1: It's not like the market's crash. It's just softened a
Speaker 1: bit because of the qualification. But prices will never be
Speaker 1: adjusted again. Our our home price is going to forever
Speaker 1: be up here. I don't know, it'll be interesting. It
Speaker 1: depends on how they cut to the recession, the Great Recession,
Speaker 1: What didn't that start in No. Eight, Yeah, that adjusted
Speaker 1: home prices. Do you ever see an adjustment coming again,
Speaker 1: either of you?
Speaker 3: You know, I actually just watched an economist do a
Speaker 3: report of our market, just the market as a whole,
Speaker 3: but also in relation to the housing market, and he
Speaker 3: addressed that in the two thousand and two or two thousand.
Speaker 4: And nine or eighty nine, he felt that, you know.
Speaker 3: The reason we saw that crash was people weren't in
Speaker 3: a happy equity position like they are now. Values are
Speaker 3: high enough now that if people, you know, see some
Speaker 3: decrease or something like that, you know they still have
Speaker 3: some equity. So he didn't foresee a crash, he said,
Speaker 3: we weren't in that type of market.
Speaker 1: Any kind of an adjustment or not.
Speaker 3: I think as home sit on the market longer, we're
Speaker 3: seeing some price reductions and ultimately those become your new
Speaker 3: comps for pricing new properties. But I'm not seeing anything
Speaker 3: like substantial. I'm not seeing ten twenty percent or anything
Speaker 3: like that.
Speaker 1: How about you, Frank, No same thing, Stephanie Aga. I agree.
Speaker 9: I mean it's softened a bit, but nothing. All right,
Speaker 9: it's been earth shattering. We got to take this break.
Speaker 1: I'm Tom Martino three oh three seven one three talk
Speaker 1: seven on three A two five five Probit Energy dot
Speaker 1: com for dependable solar. I know these people everything from sales,
Speaker 1: service to installation. If you need service, even if they
Speaker 1: didn't sell at Probit Energy dot com. Go with a
Speaker 1: sure thing Denver's best roofer Excel Roofing dot Com. You
Speaker 1: don't pay a cent until you're content. Thank On top
Speaker 1: of it, time for an insurance check up free, no
Speaker 1: obligation comparison call Compass Insurance paying too much your coverage
Speaker 1: at dozens of insurance companies find out now three oh
Speaker 1: three seven seven and one help. You'll think you're his
Speaker 1: only customer when you choose Frank durand the real estate
Speaker 1: Man dot com to list your home with Remax Alliance
Speaker 1: three oh three nine two zero sixteen twenty two. Okay,
Speaker 1: I'm Tom Martino. And by the way, YouTube should be
Speaker 1: up right now. I'm getting it here, so sorry for
Speaker 1: the delay.
Speaker 10: Very sorry about that, Tom.
Speaker 1: Oh, it's not your fault. It's actually fult totally.
Speaker 11: It was actually Dragon's brilliant move of suggesting that I should.
Speaker 10: Reboot the camera.
Speaker 11: And it worked, and no no, I also rebooted the
Speaker 11: computer in the office and then all of a sudden everything.
Speaker 12: Is patted her stomach.
Speaker 1: What about my computer? What about the one in the
Speaker 1: home studio that it works off of the by remote? No, no, no,
Speaker 1: that was good.
Speaker 10: No, everything's fun on your ends were in studio?
Speaker 1: Yeah, okay, yeah, so go so when we're here in
Speaker 1: the studio, you don't go to that computer. Correct, Okay, sorry,
Speaker 1: I had okay, I had my daughter. I woke her
Speaker 1: up to go down and fix that. She works late anyway,
Speaker 1: three all three seven, one, three eight two five five.
Speaker 1: Quintin says he's got a problem here, Quentin. What's going on? Quentin?
Speaker 7: Tom's going, what's going on with you?
Speaker 1: Man? Yeah, I'm here.
Speaker 7: Yeah, I'm the family. I'm a family member of Seawan Birch.
Speaker 7: He spoke with you, guys.
Speaker 1: Shawn Birch. And what was it about.
Speaker 7: The wrongful conviction due to the corruption with the Denver
Speaker 7: Police department.
Speaker 1: Well, we hear a lot about wrongful conviction. So I'm
Speaker 1: trying to find uh Shawn's call. But why don't you
Speaker 1: just tell us what's going on. We don't have to
Speaker 1: know about uh, we don't have to know about that
Speaker 1: right now, Let's just talk to you, what's going on? Uh?
Speaker 1: Are you the one that was wrong wrongfully convicted?
Speaker 2: It is?
Speaker 7: It is not me, he's my family member.
Speaker 1: Was sewn the one wrongfully convicted?
Speaker 7: Correct?
Speaker 1: Okay? And how was he tell me about it?
Speaker 7: The jury found him not guilty and he is uh
Speaker 7: still serving time behind it.
Speaker 1: Found him not guilty, you said, correct? If he's found
Speaker 1: not guilty, how does he serve time for that?
Speaker 7: Because they've done what is called double jeopardy?
Speaker 1: Okay, explain that. I'm confused. So why don't you start
Speaker 1: at the beginning, Go ahead, sir?
Speaker 7: At the beginning we were we were in the court
Speaker 7: and the verdict came out and the first couple of
Speaker 7: verdicts was not guilty, and then the last verdict that
Speaker 7: came out was it guilty.
Speaker 1: Okay. So there were molt there were multiple charges. How
Speaker 1: many charges.
Speaker 7: He had a burglary? Uh with the with the intent
Speaker 7: to commit murder?
Speaker 1: So how many charges total were leveled against him? He
Speaker 1: was tried on? How many tried on? How many charges?
Speaker 7: I think it was it might have been four.
Speaker 1: Okay, okay, and all but one? So so they found
Speaker 1: him not guilty on three charges, correct, Okay? And then
Speaker 1: what which one was he found guilty on.
Speaker 7: They they found him guilty on on a murder charge.
Speaker 1: Okay, well that's the most important one, probably right.
Speaker 7: Correct.
Speaker 1: Okay, now now hold on, but but now you said so,
Speaker 1: But he was found guilty on murder. Now, as a result,
Speaker 1: he was sentenced.
Speaker 7: To what he got A ninety eight plus life life
Speaker 7: plus ninety eight. Yeah, life plus ninety eight.
Speaker 1: Wow, I guess he's not getting out any time. So
Speaker 1: he was sentenced to life plus. And you feel, let
Speaker 1: me get this straight. You feel it was unjust. Obviously
Speaker 1: a lot of people do. And I don't mean to
Speaker 1: sound like you know, because there have been times juries
Speaker 1: get it wrong very rarely. But why does tell me
Speaker 1: about the jury? You said double jeopardy, I don't where's
Speaker 1: the double jeopardy?
Speaker 7: Well, what it was, Tom was they said that he
Speaker 7: committed to burglary. They said that a door got kicked
Speaker 7: in and that a witness got chased out, and in
Speaker 7: the midst of the witness getting chased out, they're saying
Speaker 7: that he executed the witness. Well, the jury found him.
Speaker 7: The jury found him not guilty of the burglary. All right,
Speaker 7: are you kind of getting.
Speaker 1: But they did find him guilty of the murder, and
Speaker 1: did they find him not guilty of the burglary? On
Speaker 1: the technicality? Are you saying if are you saying, how
Speaker 1: could he possibly have done the murder if he didn't
Speaker 1: do the burglary?
Speaker 7: They they had the they had the murder inside of
Speaker 7: the burglary.
Speaker 1: No, I get that. So you're saying, if he didn't
Speaker 1: do the burglary, he didn't do the murder. But but correct?
Speaker 1: But how I don't what? What was there any accomplice
Speaker 1: in this crime?
Speaker 7: There there was, there was, There was no accomplished.
Speaker 1: There was a When was this crime committed? When was
Speaker 1: this crime allegedly or not allegedly? When was it committed?
Speaker 7: I believe it's been probably seventeen years ago?
Speaker 1: Oh my god, I didn't. Okay, so you're calling about
Speaker 1: he's been in jail for seventeen.
Speaker 13: Years, almost seventeen sixteen.
Speaker 1: Okay, and tell me something. Why are you call? I'm
Speaker 1: just curious? Why are you calling now?
Speaker 7: Well, what's continued to happen with all his appeal process
Speaker 7: and everything? They continue to railroad him? And uh wait,
Speaker 7: I think.
Speaker 1: When he called Wait a minute, did I think I
Speaker 1: remember his call? Now? But keep going so what brings
Speaker 1: you to this point? Do you have any appeals? Have
Speaker 1: you appealed anything? It's he was go ahead.
Speaker 7: He was granted a thirty five he hearing based on
Speaker 7: merits he brought to the court.
Speaker 1: What does that mean?
Speaker 7: Recently he addressed issues with his case that he thought
Speaker 7: was wrong. Double jeopardy, the class of faith station.
Speaker 1: But there, I don't I don't know what you're talking
Speaker 1: about when you say double jeopardy. This has nothing to
Speaker 1: do with double jeopardy. What what when you say double
Speaker 1: jeopardy that means he was charged twice for the same
Speaker 1: crime and and tried. Well, he wasn't. I mean, where's
Speaker 1: the double jeopardy?
Speaker 7: The double the double jeopardy was that they for one party.
Speaker 7: You can only charge for one murder charge?
Speaker 1: No, that's that's actually not you. No, No, you can have
Speaker 1: you can have a burglary with Look at, I'm not
Speaker 1: going to give you a legal lesson. Here's what I'm
Speaker 1: going to say, and please trust me on this. It's
Speaker 1: the wrong it's the wrong argument. I mean, if your
Speaker 1: attorney's telling you you can win on this, more power
Speaker 1: to him. But I mean, okay, there might be a
Speaker 1: conflict somewhere, but it's not double jeopardy.
Speaker 7: Okay, well wait wait was he no?
Speaker 1: It depends, hold on, it depends. Let me amend that.
Speaker 1: If he was charged with a burglary resulting in murder,
Speaker 1: I don't know what the formal charges, and then was
Speaker 1: found not guilty, and then they recharged him with murder
Speaker 1: and then he was tried again. Is that how it worked?
Speaker 1: Or was he tried in one trial?
Speaker 7: It was all tried in one trial.
Speaker 1: Then, I don't see how it becomes double Hold on
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Speaker 1: You'll think you're his only customer when you choose Frank
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Speaker 1: home with Remax Alliance three oh three nine two zero
Speaker 1: sixteen twenty two. Tom Martino here three oh three seven
Speaker 1: one three talk seven one three A two five five
Speaker 1: Now Quinton is calling, and I don't want to run
Speaker 1: out of time with Clinton, so we can continue this
Speaker 1: and I want to take some other issues. But Quinton,
Speaker 1: so your did you did Sean call me? Did you
Speaker 1: say Sean called me at one time? He?
Speaker 13: Actually?
Speaker 7: I'm here now?
Speaker 1: Okay? How can Sean be on the phone? Is he
Speaker 1: in prison?
Speaker 7: Correct?
Speaker 8: Yeah?
Speaker 1: On?
Speaker 7: Oh wow here Tom?
Speaker 1: Okay, yes, I can Sean. Did we talk before Sean?
Speaker 6: Yes?
Speaker 9: We did?
Speaker 1: Okay.
Speaker 8: I gave me my information last week.
Speaker 1: Okay.
Speaker 8: I wanted to talk about because I just received a
Speaker 8: denial from the court. It makes no sense on those
Speaker 8: Do you have Drake fail me not?
Speaker 1: Do you have an attorney? Sean?
Speaker 8: He'll send me to prison?
Speaker 14: I did, Yes, I do.
Speaker 1: And what does your attorney say about What does your
Speaker 1: attorney say about the denial?
Speaker 8: Well, she doesn't know. I just received a denial late
Speaker 8: last night in the mail.
Speaker 1: How long is it? Is it too long to read?
Speaker 8: It's too long to read. But it's a denial.
Speaker 1: Is it a court order? Or is it a court order? Yes?
Speaker 8: Yes, sir?
Speaker 1: Do you have a case Do you have a case
Speaker 1: number on that? Yes?
Speaker 8: Oh?
Speaker 1: Hold on? Oh okay? Oh eight?
Speaker 8: What cr that'sh one O? Four eight one for eight one.
Speaker 1: Okay, And so.
Speaker 8: What essentially happened is the railroad continues. The court has
Speaker 8: been this most.
Speaker 1: Oh man, your phone connection is bad. Your phone cannect.
Speaker 1: I mean we can hardly hear you, bro, I really
Speaker 1: want to hear you. It's just hard.
Speaker 15: Okay, can you hear me now?
Speaker 1: Yes? Better? Way? Better go ahead?
Speaker 8: Okay, yeah, yeah. This motion has been pending for five
Speaker 8: years in this same court, and now all of a
Speaker 8: sudden the court said, did these claims were successive? And
Speaker 8: that's I said, it brought what?
Speaker 1: What? What? What? Tell me? The main motion is emotion
Speaker 1: for what is it for? Emotion for reconsideration? Is it
Speaker 1: emotion for? What? What is it emotion for? It's a
Speaker 1: it's a.
Speaker 8: Motion for post conviction relief. Okay, and no issues did
Speaker 8: I talked about about no deeprity and also about the
Speaker 8: exculpatory breaking violation had occurred during the trial proceedings. And
Speaker 8: so I had a major exculpatory breaking violation where the
Speaker 8: Denver Police Joel Humphrey, withheld exculpatory evidence take the exonerated.
Speaker 1: What did they with what did they what did they withhold?
Speaker 8: They withheld a video the Holy Eye witness to his
Speaker 8: murder said that I wasn't and my cote offendion was
Speaker 8: a shooter and did he had seen the shooters at
Speaker 8: the aurora?
Speaker 1: Hold on, hold on, hold on, sir, we got a
Speaker 1: problem here with his connection. Okay, we need to re
Speaker 1: establish this and come back and hear about this. Hold on,
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Speaker 1: three nine two zero sixteen twenty two yea ripped of.
Speaker 2: New advice who you don't have?
Speaker 8: Run anxious as fast as you can.
Speaker 2: Shooter's gonna help.
Speaker 6: Come man, This is the Troubleshooter Show.
Speaker 1: Now Tom Martino, Hi, Tom Martino here, Welcome to the show.
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Speaker 1: I looked up this case and I want to go
Speaker 1: back to it after I talked to Scott. I don't
Speaker 1: want Scott to wait for this entire case. Then we
Speaker 1: have Stephanie Thomas with us from Colorado Springs real Estate. Stephanie,
Speaker 1: I'm sorry your agency is uh Coldel Banker, Coldwell Banker.
Speaker 1: I want to write that down. And then Frank Duran
Speaker 1: Therealestateman dot com which is Remax Alliance, and thank you
Speaker 1: guys for being here. We're talking real estate and I
Speaker 1: do have a real estate problem. I wanted to bring up.
Speaker 1: I don't have it. I'm going to bring it up
Speaker 1: after this one. Scott, what's going on with you? Scott?
Speaker 1: What's happening?
Speaker 16: Hey?
Speaker 15: Tom?
Speaker 14: I needed general advice. I've heard you talk about it
Speaker 14: over the years, but never really paid that close attention
Speaker 14: because I've never been in this position. But my father
Speaker 14: in law passed away. He was single, he's got an asset,
Speaker 14: he's got some debts.
Speaker 7: What do we do?
Speaker 1: Okay?
Speaker 14: All right, brother and sister, what do they do next?
Speaker 1: All right, First and foremost, you don't necessarily need a
Speaker 1: probate or an You don't have to open probate unless
Speaker 1: you want to. As a relative. You're not required to
Speaker 1: do anything. Let's just say somebody's estate was complicated, riddled
Speaker 1: with debt. It's going to come out negative. Nothing to worry.
Speaker 1: You don't have to get involved, No one does. People
Speaker 1: think they have to get involved, They don't. They don't
Speaker 1: have to get involved. So let's say you want to
Speaker 1: get involved, because when you take the pluses and the minuses,
Speaker 1: there's a positive there. So let's take that. Is there
Speaker 1: a positive at the end? Yeah?
Speaker 14: There is?
Speaker 1: Okay, How much negative? Is there not much?
Speaker 14: Just some medical bills? Maybe one thousand or two dollars
Speaker 14: is what we're finding.
Speaker 1: And what are his assets?
Speaker 14: The only thing is a car. He sold his home
Speaker 14: about a month ago before he passed.
Speaker 1: Where's the money?
Speaker 14: It's in his bank?
Speaker 1: Well, then there's there's a lot of assets. You said
Speaker 1: only the car. The car it's in his name, and
Speaker 1: the bank and the bank the car's paid for and
Speaker 1: the bank. You said he sold the house. So I'm
Speaker 1: going to ask. I don't mean to be a nitpicker,
Speaker 1: but I have to be what assets does he have?
Speaker 14: Just a bank account that's it and the car now right?
Speaker 1: Or did the car go away? You said the car first?
Speaker 14: He has the car? Yeah, his dog.
Speaker 1: What are the assets the car and the bank account?
Speaker 1: Only right? Correct? Okay? What do they total? Do you
Speaker 1: think in value?
Speaker 14: About one hundred and fifty thousand?
Speaker 1: Okay, So you can't do a small estate Affidavid. You
Speaker 1: can't do a small estate Affidavid. Over I think it's
Speaker 1: eighty grand seventy five or some And then you also
Speaker 1: have to have no real estate. But you don't have
Speaker 1: real estate, you have money and you have a car.
Speaker 1: So you're going to have to open a probate okay,
Speaker 1: unless there was a trust, I take it. He had nothing.
Speaker 1: Did he have a will?
Speaker 15: No?
Speaker 14: No, no will?
Speaker 1: Okay, So who did he have any Did he have
Speaker 1: a wife?
Speaker 14: She had passed away nine months ago. He did second wife?
Speaker 1: Okay, he had no second wife. His his wife passed away.
Speaker 1: He had no other wife. Did he have anyone who
Speaker 1: will claim to be his wife?
Speaker 7: No?
Speaker 1: Does he have any kids?
Speaker 14: My wife and a brother, and she has a brother
Speaker 14: and a sister. Three children.
Speaker 1: Okay, the three children will be in line next without
Speaker 1: a will, Okay, Now you have to file. Somebody has
Speaker 1: to file. One of the kids has to file probate.
Speaker 1: And then how do you do that? Well, I'm going
Speaker 1: to tell you. Then when you open up the probate,
Speaker 1: then you have to send out notice to creditors. Then
Speaker 1: you have to wait a certain amount of time. Then
Speaker 1: you can distribute assets. Once you open probate. That person
Speaker 1: who opens probate and becomes the personal representative at the
Speaker 1: time will be personally responsible if they don't do this properly.
Speaker 1: So what I suggest is an attorney. I think it's
Speaker 1: foolhardy for anything that much, because one hundred and fifty
Speaker 1: is nothing to sneeze at. I would say, let him
Speaker 1: do it the right way. And you need an attorney
Speaker 1: that's not going to milk you. So I would call
Speaker 1: Dan McKenzie. He's he's a single firm. I mean, he's
Speaker 1: a good firm. He knows what he's doing, and just
Speaker 1: tell him the situation. He'll do as little or as
Speaker 1: much as you need. But he doesn't just go in
Speaker 1: automatically with some of these big firms with guns blazing.
Speaker 1: You know what I'm saying. So you can you can
Speaker 1: control it. Say hey, Dan, we just had someone die
Speaker 1: without a will. Three siblings. Are the siblings all in agreement?
Speaker 1: Yes they are? Okay, three siblings. We just want to
Speaker 1: split it all up. How do we do this painlessly?
Speaker 1: They'll he'll talk to you. So let me give you
Speaker 1: his number. And it sounds like a big corporate number,
Speaker 1: but it's not. He's local eight three three co plans.
Speaker 1: His name is Dan. He's local. He's a great guy.
Speaker 7: Now he's on the radio, right, Yeah, he's on.
Speaker 1: My show all the time. So listen. Just call and
Speaker 1: say you heard him on the radio, and then ask
Speaker 1: him questions. He'll answer some questions for you. And you'll
Speaker 1: see what to do. Now. Now again, if it was
Speaker 1: a small estate affid David, you probably wouldn't need an attorney.
Speaker 1: But once you're getting into creditors and there might be
Speaker 1: others out there, or you want to cover yourself, you
Speaker 1: want to do it correctly. And again, a good attorney
Speaker 1: doesn't look at the state and think, oh, I'm going
Speaker 1: to get a good part of it. They charged by
Speaker 1: the hour or by a flat rate. Okay, Scott, So
Speaker 1: that's Mackenzie Law, and it's the website is co plans
Speaker 1: dot co. Okay, Quintin called for his nephew in prison.
Speaker 1: I read about the case. This was not a small case.
Speaker 1: They say that he murdered a witness, very little to
Speaker 1: do with a burglary. They said he murdered a witness
Speaker 1: who was going to testify against a gang banger. And
Speaker 1: he was convicted and it was and it was a
Speaker 1: murder back in two six. And you know, like a
Speaker 1: a lot of people convicted, they want to set aside verdicts.
Speaker 1: Some have been successful because you know, of extenuating circumstances,
Speaker 1: new evidence and all that. So it's almost impossible to
Speaker 1: do alone. So Quentin, I don't know if Sean's still
Speaker 1: on the air, is it, I mean on the phone?
Speaker 1: Is he because his connection was terrible? Is he still there? Yeah?
Speaker 1: We can't hear Sean Quinton. Are you having problems hearing him?
Speaker 7: I can hear a little bit, Tom, Yeah, it's hard.
Speaker 1: So here's the thing, Sean. You appealed basically on grounds
Speaker 1: that the courts would not hear. That's not unusual. So
Speaker 1: I'm not saying I wouldn't take it personally, But what
Speaker 1: I would say is this, if there is a ground
Speaker 1: for an appeal, if there are grounds for appeals, a
Speaker 1: good atturntorney needs to look at this, come up with
Speaker 1: the grounds and do it do a motion. Did you
Speaker 1: do the motion on your own? Yes?
Speaker 8: I did it, and then attorney took it over.
Speaker 1: Okay. And the attorney that took it over, I did it.
Speaker 1: The attorney that took it over, How are you paying
Speaker 1: for this attorney? Or did they do it as a project?
Speaker 8: They appointed council to court appointed council?
Speaker 1: Okay?
Speaker 8: After after I after I did the pro se motion
Speaker 8: and they appointed adc council.
Speaker 1: Did he send us that motion? Sean Kitchina, My producer said,
Speaker 1: you sent us some paperwork. Did you ever send us
Speaker 1: your original motion?
Speaker 3: Uh?
Speaker 8: No, I didn't. I sent you. I sent you MYNEF
Speaker 8: with David. I sent to the District Attorney's office.
Speaker 1: Yeah, what is your what is your mean? What is
Speaker 1: your main contention? Quentin? What is your main contention? Not Quintin,
Speaker 1: I'm sorry, Sean, what is your main contention?
Speaker 7: Well?
Speaker 1: Go ahead? What what is the main the evidence that
Speaker 1: you feel was withheld?
Speaker 8: Well, the main evidence that what's heild is the main
Speaker 8: evidence that would find me not guilty. But they still
Speaker 8: from guilty and send me to prison.
Speaker 1: Well, they found you guilty of murder. They didn't find
Speaker 1: you not guilty. They found you guilty of murder.
Speaker 8: Yeah, but it's the same charge.
Speaker 1: No, it's not the same charge. I'm looking at it here.
Speaker 1: It's not the same charge, Sean. That's why I think
Speaker 1: you're losing, because you're not You're not arguing the right argument. Uh, Sean.
Speaker 1: Like I said, I I can't explain the law to
Speaker 1: you in a way that that you're going to agree
Speaker 1: with it. Okay, but here's the point. Okay, the the
Speaker 1: the the first degree murder, the first degree burglary, and
Speaker 1: fell any murder. Okay, they found you not guilty of
Speaker 1: first degree murder and fel any murder Okay, a first
Speaker 1: degree burglary, I'm sorry, and fell any murder as a
Speaker 1: result of the burglary. But they did find you guilty
Speaker 1: of first degree murder period because and and conspiracy because
Speaker 1: they said the murder was not tied to the burglary.
Speaker 1: They still found you guilty of murder because they said
Speaker 1: you killed the guy for being or the woman, I
Speaker 1: don't know whoever, you killed for being a witness.
Speaker 8: Well, listen, Tom, the thing is is that they said
Speaker 8: that I did that to commit the murder. They said
Speaker 8: I committed burglary. They killed a witness.
Speaker 1: They said that I did. Then they but they found
Speaker 1: insufficient evidence, insufficient evidence. They found insufficient evidence for the burglary.
Speaker 1: But you still did the murder. They're saying there were
Speaker 1: two separate murder charges.
Speaker 8: Oh, they're the same, That's what I'm saying. That's how
Speaker 8: they're tricking you, Tom, because they're the same exact murder count.
Speaker 8: If you look at the burglary instruction I sent you,
Speaker 8: it has murder after deliberation at.
Speaker 1: Sean Sean, there's no way a judge was sentence you
Speaker 1: in a not guilty verdict, but they found you. It
Speaker 1: specifically says here the court records, the jury found him
Speaker 1: not guilty of first degree burglary and felony murder. But okay,
Speaker 1: he was found guilty of first degree murder and conspiracy
Speaker 1: and conspiracy to commit first degree murder. I don't look okay, Tom.
Speaker 17: It's not unusual to give the jury three different charges.
Speaker 1: I mean, we need to talk to a defense attorney.
Speaker 1: Our guy is in a available, We need to We
Speaker 1: just need to talk to someone. Is your attorney free
Speaker 1: to talk to us?
Speaker 8: You got she may be, I don't know.
Speaker 1: You can give her a call, all right, hold on,
Speaker 1: I don't know how long you can say on the phone.
Speaker 1: I'd love you know. I don't mind talking to people
Speaker 1: about this. If there's somebody behind bars and it's wrong.
Speaker 1: I mean, I don't know enough about the law to
Speaker 1: tell you this was right or wrong or but from
Speaker 1: what I'm reading, this is not unusual to separate the
Speaker 1: murder and say, well, no, he wasn't really committing burglary,
Speaker 1: but he did commit murder. I mean, if you walk
Speaker 1: into a house to shoot somebody and you're and you're
Speaker 1: charged with breaking and entering and murder. And they find
Speaker 1: you not guilty of the breaking and entering, you can
Speaker 1: still be found guilty of murder. I mean, I don't
Speaker 1: know why you feel like it had to be burglary
Speaker 1: for it to be murder. I don't know, but but
Speaker 1: I'll ask a defense attorney. We had the case in
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Speaker 1: so we got a problem here with this this uh,
Speaker 1: this criminal defense and that this guy's trying to mount
Speaker 1: for himself, and I do want to get an attorney on.
Speaker 1: I do not want to talk about this without an attorney.
Speaker 10: I actually did speak to the attorney that he.
Speaker 11: Proposes that he is there, and she would not verify
Speaker 11: whether or not she was taking the case or whether
Speaker 11: she was working with him.
Speaker 10: And I don't want it.
Speaker 1: I wonder because of confidentiality, kid, But but we weren't
Speaker 1: asking you, right, I wonder if you're not allowed with
Speaker 1: Like with Hippa, a doctor wouldn't even say if they're
Speaker 1: your doctor. But I thought with an attorney, if she's
Speaker 1: of record, she could say she was the attorney if
Speaker 1: she was appointed, not me. She may not want to
Speaker 1: talk about the case, but certainly she could say she's
Speaker 1: the attorney.
Speaker 10: She would not say anything or he, she would not
Speaker 10: verify her or she he.
Speaker 1: Or she she. Now, let's just get a defense attorney
Speaker 1: of some con You throw a stone, you hit an
Speaker 1: attorney in the head, no matter where you are. So
Speaker 1: we got to be able to find a defense attorney.
Speaker 1: Let's call one. If Jola's Arra is not available, let's
Speaker 1: call somebody. We need to talk to somebody. Now, Don
Speaker 1: has a question about Hoa's hold on Quentin. I'm really
Speaker 1: trying to get some help here a Don, what's happening?
Speaker 18: Hey, Tom, I will give you the background so you'll
Speaker 18: understand the context of my question. I live in an
Speaker 18: area where the inside of our fence is maintained by
Speaker 18: the homeowner, the outside of our wooden fence is maintained
Speaker 18: by the HOA.
Speaker 1: Is that because it's your yard? Is it that easy?
Speaker 18: I'm sorry you said again, Tom?
Speaker 1: Is that because that's just what we call your yard,
Speaker 1: the inside of your fence.
Speaker 18: Evidently? So the this is this?
Speaker 1: Are these single family homes or condos?
Speaker 18: Single family homes?
Speaker 1: Okay? Got it? So this is like any other neighborhood
Speaker 1: in the world. If it's in your yard, you maintain it.
Speaker 1: If it's outside your yard, either the city, county or
Speaker 1: HOA maintains it. Right, So what about it? It's called
Speaker 1: common areas, So what about it?
Speaker 18: They hired a company who sprayed the their portion of
Speaker 18: the outside of the fence for common area company, the
Speaker 18: common area. But the company that they hired, Tom, didn't
Speaker 18: bother to put anything on the inside of the fence
Speaker 18: to keep the overspray from coming through that fence and
Speaker 18: onto the air conditioning units.
Speaker 1: And what did they spray? Was it something sticky? What
Speaker 1: did they spray?
Speaker 18: It's a latex paint.
Speaker 1: Oh. Oh, so they hired a painter, yes, okay, to
Speaker 1: paint the fence or to paint what they.
Speaker 18: Hired a painter to come in and paint the outside
Speaker 18: of the fence.
Speaker 1: Okay, got it, I get it. I get it, I
Speaker 1: get it, I get it. Okay, now I'm now. So
Speaker 1: the HUA hired a painter to paint their side of
Speaker 1: the fence, yes, okay, got it. And they got overspray
Speaker 1: and stuff on your stuff.
Speaker 18: Yes, And so my question would be who do I
Speaker 18: send the service of process? After having paid to have
Speaker 18: all that taken off? Do I send that to the HOA?
Speaker 1: Well, the HA is not going to pay it. You
Speaker 1: can send it to them, and then to fight them
Speaker 1: is going to cost you more than it's worth. So
Speaker 1: hope you don't send it to the HA. I would say,
Speaker 1: if it was me, I would hold the contractor directly responsible.
Speaker 18: Okay, so I would send the contract or the service
Speaker 18: a process.
Speaker 1: That's right? How much is it?
Speaker 18: It's going to be about three hundred dollars?
Speaker 1: That's nothing? Are you going to small claims?
Speaker 7: Core? Yes?
Speaker 1: Good, you're doing the right thing. I would serve the contractor.
Speaker 1: They have a duty. I mean, they can't be that reckless.
Speaker 1: How was it really? And it's not like you're trying
Speaker 1: to milk the situation. Was it really like, did you
Speaker 1: take pictures and document it beforehand?
Speaker 7: Yes?
Speaker 18: And I had someone else, Tom come over and actually
Speaker 18: take the overspray off.
Speaker 7: So I've got no, I get it, I get it.
Speaker 1: But no. Now, normally, normally you would have contacted him
Speaker 1: first and asked them to do it and give them
Speaker 1: a chance to mitigate. But it's not like you're asking
Speaker 1: for a ton of money. I mean, so are they
Speaker 1: fighting you on this? Why not just ask them first?
Speaker 18: Well? I sent them a note that outlined the problems,
Speaker 18: and they had a representative that came out looked over
Speaker 18: the situation.
Speaker 1: Okay, so the painting contractor did look at it.
Speaker 18: No, DHOA sent a representative from the hoay out to
Speaker 18: look at it, and he concurred that yes, there was
Speaker 18: overspray all over everything.
Speaker 1: Did you give the painting contractor an opportunity to fix
Speaker 1: or pay.
Speaker 5: I haven't.
Speaker 18: I haven't talked to the contractor of the paint company
Speaker 18: because I thought this was a responsibility of the HOA
Speaker 18: since they hired the paint company.
Speaker 1: It's not necessarily no. And I'll bet you and I'll
Speaker 1: bet you you sign something in your HOA documents when
Speaker 1: you bought there that you don't hold them responsible for vendors.
Speaker 1: I can almost assure you you did. But what I'm
Speaker 1: saying is this, if you want to collect, then you
Speaker 1: want to go to the contractor, because the HOA is
Speaker 1: never going to pay you for this, okay, and if
Speaker 1: they do, it's going to cost you more than it's worth.
Speaker 1: And then they're going to assess you for what they
Speaker 1: just paid. It's it's it. You never win with an HOA, Okay,
Speaker 1: just remember that you will. You will not win.
Speaker 18: Can they can then HOA assess one individual property? Well
Speaker 18: you said that they could assess me for that.
Speaker 1: Well no, they would assess the homeowners for the legal fees,
Speaker 1: but your legal fees would never be reimbursed. So you
Speaker 1: get to pay your assessments. Plus you get to pay
Speaker 1: your own legal fees for three hundred dollars. So you
Speaker 1: decide what you want to do. I told you what
Speaker 1: I would do three oh three seven one three eight
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Speaker 1: you're content. Time for an insurance check up, free, no obligation,
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Speaker 1: seven seven one help. You'll think you're his only customer
Speaker 1: when you choose Frank Durand the real Estate Man dot
Speaker 1: Com to list your home with Remax Alliance three oh
Speaker 1: three nine two zero sixteen twenty two. Hi Tom Martino
Speaker 1: here three O three seven one three talk seven one
Speaker 1: three eight two five five. Okay, Quentin, we're trying to
Speaker 1: get somebody on that. That really would be good if
Speaker 1: we could uh to put perspective on this case. If
Speaker 1: you can just hang on a little while longer, So,
Speaker 1: Frank durandreal Estate Man dot com. Frank, you've been doing.
Speaker 1: We advertise for you that you do market valuations of
Speaker 1: people's homes if they're thinking about listing, and there's no obligation.
Speaker 1: But if people are just wondering what a house is worth,
Speaker 1: do you usually find people find their house is worth
Speaker 1: more than they thought or less than they thought.
Speaker 9: I'm curious, boy, it's all over the board, tom Boy.
Speaker 9: I meet with some people where they're surprised, Wow, I
Speaker 9: can get that much, and we do pretty well.
Speaker 1: You ever hear from people say well, I thought I
Speaker 1: could get more than that, because they say, all my
Speaker 1: tax assessment said it was this or my neighbor or sold. Sure,
Speaker 1: so I run in it both ways. Actually, and once
Speaker 1: you find out what you think the house will sell for,
Speaker 1: and I don't want you to give away too many secrets,
Speaker 1: do you price it there?
Speaker 9: Here's what I do. I show them the options. I say,
Speaker 9: if we take this route, this is right, think you'd
Speaker 9: come out better.
Speaker 1: Because you get multiple off.
Speaker 9: Sure, if we take this route, I think you'll get demand,
Speaker 9: but maybe not as much leverage. And if we take
Speaker 9: this route, you can start higher, but you do risk
Speaker 9: that if you sit there too long, you can miss
Speaker 9: the market. So I break it down different ways so
Speaker 9: they can make that informed decision.
Speaker 1: That's Frank Duran three oho three nine two zero sixteen
Speaker 1: twenty two. Stephanie, do you do valuations of homes?
Speaker 4: I do?
Speaker 1: Do you find people are happy or surprised or not happy?
Speaker 3: I think it's a little all over the board, Like
Speaker 3: Frank said, absolutely.
Speaker 1: Okay, So Stephanie, let me just write down your number here.
Speaker 1: I don't have it. I'm sorry, let me show you.
Speaker 3: Oh that's okay, go ahead, it's seven to zero, yeah,
Speaker 3: two six zero.
Speaker 1: Hold on seven two zero two six zero zero nine
Speaker 1: one eight.
Speaker 4: That is my cell so I can get Texter calls there.
Speaker 1: You don't mind people going to direct there, not at all. Okay,
Speaker 1: Stephanie Thomas and Colorado Springs. How far north do you go?
Speaker 3: I will come into Castle Rock area. You know, I'm
Speaker 3: pretty familiar with Douglas Counties. I'll do some work there.
Speaker 3: But for the most part of the cause, I.
Speaker 1: Never asked either of you. I never asked this to
Speaker 1: be either of you. Seriously. Now, are there houses you
Speaker 1: don't list or you're not good at, or that is
Speaker 1: out of your wheelhouse? Do you feel do you have anything?
Speaker 1: I mean, I know that a lot of people want
Speaker 1: to do if they could, they could do, They want
Speaker 1: to do everything. But what do you feel most adept
Speaker 1: or or maybe all of them? I don't care.
Speaker 4: I mean, you know where I'm located.
Speaker 3: I'm pretty versed with you know, raw land sales homes
Speaker 3: with land those have different complications than you know, typical homes.
Speaker 3: I'm also really experienced and verse just in town with
Speaker 3: your typical with your typical homes. So I've got a
Speaker 3: pretty wide array there. But if it gets outside of
Speaker 3: an area that I'm comfortable, yeah, yeah, I can do role.
Speaker 3: But if it gets outside of an area that I
Speaker 3: know or i'm comfortable, you know, I will advise that
Speaker 3: it's best for me to find an agent in that area.
Speaker 1: Rank, Is there any spot you like or not?
Speaker 18: Like?
Speaker 1: You know?
Speaker 9: To many many years ago, when I first started out,
Speaker 9: I was trying to do everything. I was selling mobile
Speaker 9: homes and you name it. And I decided I wanted
Speaker 9: it to I didn't just want to do it at
Speaker 9: a good level. I wanted to god willing sell it
Speaker 9: at an elite level. And I decided to specialize more
Speaker 9: in single family, everyday real estate. So townhom's, condos, single family,
Speaker 9: you know, just your typical everyday real estate. Okay, So
Speaker 9: I don't I don't really sell, you know, mountain property.
Speaker 9: If it's a mountain property, I'll refer to somebody I
Speaker 9: know that specialized in mountain properties.
Speaker 1: Okay, yeah, all right. And then price ranges. What's the
Speaker 1: most expensive house you sold, I'm curious. Maybe two million?
Speaker 1: Oh okay, so you're up there, steph.
Speaker 4: Yeah, I had one at one point three.
Speaker 1: Okay, So anyway, but price doesn't scare you one way
Speaker 1: or the other. Okay, our our higher priced houses easier
Speaker 1: for people to buy and sell. Do you find that
Speaker 1: the transactions are easier.
Speaker 9: On higher price Yeah, depends on the area, depends on
Speaker 9: the type of property, Tom, I think especially right now,
Speaker 9: like let's say your high rise condos, those are much tougher. Also,
Speaker 9: it's a little bit slower of market too, because there's
Speaker 9: less there's more inventory out there, list buyers available.
Speaker 1: Yeah. And okay, now the one I told you about
Speaker 1: the weird real estate problem. I don't know if you
Speaker 1: can help. But do you know who honey Boo Boo is? Yeah,
Speaker 1: Alana Thompson. Did you know she moved to Colorado?
Speaker 4: I did not know she moved to Colorado.
Speaker 1: Yeah, she did with her boyfriend. And she is being
Speaker 1: I don't know if she's being evicted, but she can't
Speaker 1: renew where she is, and she's looking for a house
Speaker 1: but they don't have any money. They don't they can't
Speaker 1: rent because they said there's too many student loans on
Speaker 1: She says she can't put it in her name. I
Speaker 1: don't know why. And her boyfriend has student loans, but
Speaker 1: he also has a criminal record, So they're looking to
Speaker 1: rent a place, and she does make money still from
Speaker 1: reality TV, and I'm not sure where that money's going.
Speaker 1: I don't know anything about it. But I can't imagine why.
Speaker 1: She said she needs or fans help in Denver to
Speaker 1: find her a house. She says her boyfriend Drealen Carswell
Speaker 1: is having a problem. She suspects it is because of
Speaker 1: his student loans, but other people say it's because he
Speaker 1: has a criminal record. He was arrested when he tried
Speaker 1: to get away from a traffic stop and they finally
Speaker 1: got him to stop the car or ran them off
Speaker 1: the road and he was found with the illegal drugs
Speaker 1: and gun in the vehicle. He was charged with running
Speaker 1: from police, speeding, et cetera. So criminal records is it.
Speaker 1: It's very difficult, I would say, to rent. I mean
Speaker 1: because the rental market right now is so tight. I
Speaker 1: think that's the main thing, don't you believe? And then
Speaker 1: do you still have to have triple the amount or
Speaker 1: did they change that law? I thought they were trying
Speaker 1: to make it easier to qualify for renting. I don't know,
Speaker 1: do you know anything about that stuff.
Speaker 3: I don't do rentals. I usually refer them out, but
Speaker 3: I did hear what you're referring to.
Speaker 1: You.
Speaker 4: However, I had somebody I knew recently.
Speaker 3: Who was denied being able to get into an apartment
Speaker 3: complex because they didn't quite make the three times, so
Speaker 3: they wanted a co signer who would make five times
Speaker 3: the rent, and they were literally like a hair under
Speaker 3: on each calculation and were flat denied.
Speaker 1: So, honey, boo boo, do you need a co signer? Yes,
Speaker 1: she does, so as she goes by Alana now and
Speaker 1: and really I shouldn't make too much fun of her.
Speaker 1: This girl had a very weird upbringing, being on reality
Speaker 1: TV since was six or seven years old. However, Ele
Speaker 1: she was in those pageants, remember that.
Speaker 10: Hey, Tom, Yeah, we do you have George?
Speaker 1: Oh, we have George Brockler. Okay, I'm going to take
Speaker 1: him real quick. George, thank you so much. George Brockler
Speaker 1: is a former district attorney and a friend and I
Speaker 1: know him a talk show host. And George, I have
Speaker 1: a question for you, real quick. Yeah, we have a
Speaker 1: guy on and I don't know if you if you've
Speaker 1: Milliard of the case, it wasn't. I don't believe in
Speaker 1: your jurisdiction. Sean Birch was found guilty of first agree
Speaker 1: murder okay, and conspiracy to commit first agree murder and
Speaker 1: was sentenced to life plus forty eight years. And he's
Speaker 1: upset and it's been trying to appeal. He's been in
Speaker 1: jail for seventeen years. And one of the things he
Speaker 1: says is he was also charged with first degree burglary
Speaker 1: and felony murder connected to the burglary, but that one
Speaker 1: he was found not guilty. And he feels if he
Speaker 1: was found not guilty of the burglary and the murder
Speaker 1: was tied to the burglary, how can he be found
Speaker 1: guilty for the murder. I hope that makes sense.
Speaker 18: So here's what I've.
Speaker 15: Done while you've been talking to me. I finally looked
Speaker 15: this thing up and it looks like it came out
Speaker 15: of Denver. Yes, and it was a witness killing, right,
Speaker 15: is what they said happened back in two thousand and six.
Speaker 15: Those are two distinct charges. And here's how someone could
Speaker 15: be found guilty of a murder as well as conspiracy.
Speaker 15: You don't even have to be the trigger puller or
Speaker 15: the person who puts the knife in a person. You
Speaker 15: could be an accomplice. And for people that are listening.
Speaker 15: When you're an accomplice to a crime, you eat the
Speaker 15: liability just like you're the person who's actually doing the crime.
Speaker 15: It's like the getaway driver, right are you know you're
Speaker 15: signing up for ag robbery. So that's one vehicle for
Speaker 15: him to be guilty even And the other thing is
Speaker 15: that the felony murder predicated on the burglary. That they
Speaker 15: could say, hey, we don't think that it was a
Speaker 15: death that ensued from the burglary, but we do think
Speaker 15: that you murdered this guy. Okay, they don't think it was.
Speaker 1: They don't. They don't have to be convicted, they don't
Speaker 1: have to be connected.
Speaker 15: They don't have to be connected. But I'll say this
Speaker 15: to the extent too. And Kelly described this to me as, hey,
Speaker 15: maybe it's a wrongful conviction thing. Everyone should know that
Speaker 15: when you're convicted of any felony in the state of Colorado,
Speaker 15: you have an automatic appeal to the Court of Appeals,
Speaker 15: And in any murder case, especially one of which the
Speaker 15: public defenders represented this guy, I presume that appeal happened,
Speaker 15: and that the Court of Appeals, at a minimum, if
Speaker 15: not the Supreme Court already reviewed this. So these issues
Speaker 15: of what are called inconsistent verdicts, that's what's being suggested
Speaker 15: here that's already been reviewed by the Court of Appeals.
Speaker 15: I can't think of but one case in my thirty
Speaker 15: year career where someone didn't get an automatic appeal from
Speaker 15: a condition to.
Speaker 1: George, I so appreciate your expertise. I got to take
Speaker 1: this break, but George, thank you so much. Appreciate it.
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Speaker 1: customer when you choose Frank durand the real estate Man
Speaker 1: dot com. List your home with Remax Alliance three all
Speaker 1: three nine two zero sixteen twenty two. Hi, Tom Martino,
Speaker 1: you're a troubleshooter three all three seven one three talk
Speaker 1: three h three seven one three eight two five five
Speaker 1: look at We can go back to Quentin if he
Speaker 1: wants to call back after the break. I can't do
Speaker 1: it right now. We don't have enough time. But Bennett,
Speaker 1: you wanted to give some kudos, go ahead, Bennett, Yes.
Speaker 16: Tom, uh, twenty four to seven. I would put that
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Speaker 16: Huh oh, I love it, Tom. I have a furnace
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Speaker 1: You know what. I'm glad you got that nine, that
Speaker 1: nineteen year old one. They would have cleaned it probably
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Speaker 1: you can limp by a little. But Bennett, thank you
Speaker 1: very much for that information. Yeah, I really do believe
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Speaker 1: Find out now three o three seven to seven to
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Speaker 1: choose Frank durand the real estate Man dot com to
Speaker 1: list your home with Remax Alliance three oh three nine
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Speaker 15: So you don't have.
Speaker 2: Come running. It's just as fast as we can shoot.
Speaker 2: That's gonna help coming man.
Speaker 1: This is the Troubleshooter Show. Now, Tom Martino, Hi, Tom
Speaker 1: Martino here, Welcome to the show. Three oh three seven
Speaker 1: one three talk seven one three eight two five five.
Speaker 1: Glad to have you with us. This hour brought to
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Speaker 1: me talk about this. I don't want to belabor this again.
Speaker 1: Quinton called and his nephew was on the line. We
Speaker 1: had a very bad connection. And that's one of the
Speaker 1: reasons why it's so hard to do this. But this guy,
Speaker 1: Sean was convicted of murder murdering a witness, Sean birch
Speaker 1: in an six murder of a witness, and and look,
Speaker 1: there were three people involved in these crimes. And Sean
Speaker 1: believes that he should be let out because he wasn't
Speaker 1: found guilty of the burglary. He was charged with burglary,
Speaker 1: felony murder with the burglary, but first degree murder conspiracy
Speaker 1: to commit first degree murder on separate charges, and he
Speaker 1: was found not guilty of the first degree murder and
Speaker 1: felony murder that charge, but he was found guilty of
Speaker 1: first degree murder, a separate charge from the burglary and murder,
Speaker 1: and conspiracy to commit first degree murder. George Brockler was
Speaker 1: kind enough to come on the air and to explain
Speaker 1: why someone or how someone could be convicted of one
Speaker 1: and not the other. Now, looksen I understand that Sean's
Speaker 1: trying to get out of jail. I mean, he's a
Speaker 1: sentenced for life plus forty eight. He's gonna die in jail,
Speaker 1: and he wants, you know, to appeal this Again, George said,
Speaker 1: probably it was automatically appealed because it was a felony
Speaker 1: murder conviction, and that anything he does now is a
Speaker 1: long shot. He was just down on some appeal that
Speaker 1: he filed, and he's calling us. Now. We take calls
Speaker 1: like this, and we don't mind stirring the pot when
Speaker 1: there's something there. Quentin, I'm not, like I said, I'm
Speaker 1: not well versed in this case at all. Okay, I'm
Speaker 1: not pretending to be any kind of an expert. All
Speaker 1: I was trying to do is find I know that
Speaker 1: that Seawn's main contention was he shouldn't be guilty of
Speaker 1: the murder if he wasn't guilty of the burglary, and
Speaker 1: that is not the case. That is simply if that's
Speaker 1: what he's looking to appeal on, he's never gonna do it, Okay.
Speaker 1: I mean, by the way, George Brockler is a former
Speaker 1: district attorney and he is saying, Look, it happens all
Speaker 1: the time where someone can be convicted of a murder
Speaker 1: for just being an accomplice or being for being a
Speaker 1: murderer without being without the burglary charge. So that charge
Speaker 1: of first degree burglary and fell any murder, that's one charge.
Speaker 1: But then he was also charged with first degree murder
Speaker 1: and conspiracy to commit first degree murder. That's what he
Speaker 1: looked up the case. So I don't know what Sean,
Speaker 1: what his main contention is for appealing. Now, if there
Speaker 1: was evidence withheld and all that, that's a different story.
Speaker 1: But it's he's barking up the wrong tree when he
Speaker 1: says he can't be convicted of murder if he wasn't
Speaker 1: convicted of the associated burglary. I mean, there's no one
Speaker 1: and I've been emailing someone and texting someone who says
Speaker 1: the same thing. He's wasting his time. I don't know
Speaker 1: what to tell you. Clinton, what were you? Why don't
Speaker 1: you try to find him an attorney to review his case? Quinton,
Speaker 1: why don't you try to find it? Because attorney he
Speaker 1: gave us she was appointed and she doesn't give a damn. Okay,
Speaker 1: she doesn't want to talk to us. She doesn't you
Speaker 1: know this? Yeah, go ahead?
Speaker 15: Are you there?
Speaker 1: Yeah?
Speaker 7: He actually she actually wants you to. She wants to
Speaker 7: speak now. He gave a release to her. Thomas, you
Speaker 7: can call her now, okay, okay.
Speaker 1: Good, good, good good good? Uh Kitschina did you hear that? Okay? You?
Speaker 1: She said the attorney would would talk now, but wait
Speaker 1: till after the break because I must, I must take
Speaker 1: some other stuff here. Uh well, Deputy Chopper was on.
Speaker 1: Now he's off. He was on, he's off, he's on,
Speaker 1: he's off, so he's not there. I want to go
Speaker 1: back to real estate because I have a couple of
Speaker 1: texts here. I Frank Ran the real estate man with me.
Speaker 1: I have Stephanie Thomas. Stephanie is your website, Stephanie ARI?
Speaker 1: Still it is, yes, Stephanie ri dot com. That's correct,
Speaker 1: and that stands for Stephanie Real estate Stephanie Ari dot
Speaker 1: com and then frank Is Frank Duran the real estate
Speaker 1: man or frankdran Holmes dot com and again we're talking
Speaker 1: real estate today, and Stephanie, thanks for looking that up.
Speaker 1: We were joking about Honeyboo boo not being able to
Speaker 1: find some place to rent. We talked about the rental requirements.
Speaker 1: You don't do rentals, you refer them out, but you
Speaker 1: found out they did come down. They used to require
Speaker 1: three times the amount, that's correct.
Speaker 3: I reached out to the property manager that I refer
Speaker 3: to and asked her about the qualification percentage if it's
Speaker 3: you know, two times three times whatever, and she confirmed
Speaker 3: it was two times the rent is income.
Speaker 1: So okay, so two times And what about criminal convictions?
Speaker 4: If you don't mind, I'll just read this little text.
Speaker 3: She said, if they have a criminal history that's nonviolent
Speaker 3: and or doesn't have to do with fraud, we can
Speaker 3: typically get an owner's permission to override the criminal history.
Speaker 3: I believe Colorado just changed the law that we cannot
Speaker 3: look past five years. So if that's something happened nonviolent
Speaker 3: and not fraud, we can we cannot take that into account.
Speaker 4: And then she went on to say, if someone is
Speaker 4: having a hard time being approved by a.
Speaker 3: Property management company, she always suggests looking into private owned rentals.
Speaker 3: Property managers have a lot of liability, so they're stricter
Speaker 3: with their applications.
Speaker 1: Yeah, that's a good within Colorado law. So someone has
Speaker 1: something to rent. And again, so so honey, booboo. She
Speaker 1: was a reality star and her name is really Alana
Speaker 1: and she is Alana Thompson. And she went on TikTok
Speaker 1: saying I moved to Denver. I'm finding it hard to
Speaker 1: find a place. And she went on to talk about
Speaker 1: some death they have. Now I do know she makes
Speaker 1: some income. I don't know how much she makes, but
Speaker 1: apparently they were able to pay rent. She's going to
Speaker 1: Regis University studying nursing or whatever pre requisite there is
Speaker 1: for nursing. And she has I guess her boyfriend now
Speaker 1: not husband. Her boyfriend is drel In cars Well. And
Speaker 1: I saw this post and I thought, well, today's real
Speaker 1: estate day. Any ideas, So here's what I want to
Speaker 1: know talking about really helping people into home ownership. What
Speaker 1: does it take nowadays, guys, I mean a first time
Speaker 1: home buyer. What's available for first time home buyers. This
Speaker 1: is really important stuff. What's available, well, Todd, there's.
Speaker 9: Some down payment assistance programs where a buyer could put
Speaker 9: down as little as a thousand.
Speaker 1: Out of pocket. They have to qualify, of course, So
Speaker 1: there are programs out there down payment assistance. So what
Speaker 1: would that do that would make the rest of the
Speaker 1: down payment for them?
Speaker 9: In other words, yeah, it would be just a minimal amount,
Speaker 9: but you have to qualify. But we have some in
Speaker 9: house landing where we're at where they can work with
Speaker 9: a first time buyer.
Speaker 1: So the first step is just to get with somebody
Speaker 1: who's qualified. Is qualification for a buyer, Stephanie, what is
Speaker 1: it like? What kind of specifically like like what kind
Speaker 1: of income, what kind of debt ratios? What do they
Speaker 1: look for nowadays? I mean, before you waste your time
Speaker 1: looking for houses, you must you must figure out who
Speaker 1: can buy.
Speaker 3: You know, that's really a lender question on the exact percentages,
Speaker 3: but how your programs people, Every program is so different though.
Speaker 1: Yeah, that's the thing that work a lot with first
Speaker 1: time home buy.
Speaker 3: You some will do say forty percent as a max
Speaker 3: stet to income Ray show. Some might go up as
Speaker 3: high as you know, fifty to fifty two percent. It
Speaker 3: really depends on the lender what they're able to do.
Speaker 3: So when I start with the first time home buyer,
Speaker 3: I always say, let's have a conversation with a really
Speaker 3: good lender and let's take a look at your picture,
Speaker 3: your income that's really what you need, yeah, and see
Speaker 3: what that looks like and what we can do for you.
Speaker 1: Do you do that? Do a lot of people get
Speaker 1: pre qualified first, or at least well, yeah, pre qualified,
Speaker 1: not necessarily preapproved, but do a lot of people try
Speaker 1: to get pre qualified?
Speaker 9: Frank oh, yeah, absolutely. In fact, that's one of the things.
Speaker 9: If somebody calls us off, let's say a sign call
Speaker 9: or those things, well we'll ask him those questions. Have
Speaker 9: you taught to a lender, Are you're buying with cash
Speaker 9: a loan now I'm getting a loan. Are you working
Speaker 9: with a lender that you trust? Or you need getting
Speaker 9: in touch with the lender. No, we need help get
Speaker 9: in touch with the lenders. So there's are a series
Speaker 9: of questions we ask them.
Speaker 1: Tom all right, now we have coming up more discussion. Plus,
Speaker 1: so if you're looking at real estate, if you have
Speaker 1: any questions about buying, I think virtually somebody had a
Speaker 1: texture about Fix and Flip. Is it dead? I don't know, guys,
Speaker 1: do you ever see fix and flips anymore? Oh? I
Speaker 1: don't know about ust W.
Speaker 9: I had a lot of operas from Fix and Flip people,
Speaker 9: But that doesn't mean they get accepted.
Speaker 1: I mean you need for fixing up houses? Oh yeah, sure, yeah.
Speaker 3: I mean I see investors, you know, trying to looking
Speaker 3: for the deal, always looking for the deal. But right
Speaker 3: now the market values are high enough. You know, people
Speaker 3: are better typically it's only.
Speaker 1: Going to get a steal anymore. Are they less certain?
Speaker 1: Some kind of distress situation which you don't see very often?
Speaker 1: And how do these buying places do it? I advertise
Speaker 1: for one of them, home vestors. I advertise for one
Speaker 1: of them, Like if you have a property deferred maintenance,
Speaker 1: you don't want to you don't want to have loan
Speaker 1: approvals and listings and showings, call for whatever the number is.
Speaker 1: I have them as a client, right, Well, how do
Speaker 1: they even get calls if people can get so much
Speaker 1: money for even crap homes. Well, I'll give you an example.
Speaker 1: And by the way, just because I mentioned let me
Speaker 1: I should not do the disservice it's eight hundred and
Speaker 1: four or for buyer Why would people even call these
Speaker 1: places if they can get almost better prices? I don't know.
Speaker 9: Why is it because of the process. Well, I had
Speaker 9: a gentleman call me Tom. It was rough for him
Speaker 9: because he was facing foreclosure. He was days away and
Speaker 9: he was really in a rough spot. So situations like
Speaker 9: that and it just I mean, it's a case by case.
Speaker 9: Obviously the place was rough.
Speaker 1: It wasn't going to go.
Speaker 9: Fah for sure, Okay, So I didn't want to take
Speaker 9: the time. His buyer poll was very limited. So in
Speaker 9: that case he talked to.
Speaker 1: Home gesters and they were able to help him.
Speaker 3: Yeah, so Stephanie, absolutely, Yeah, it's all about the potential
Speaker 3: seller's personal circumstance.
Speaker 4: How quick would lead you to sell?
Speaker 1: Yeah, that's for sure.
Speaker 3: You know, especially with all the increased days on market
Speaker 3: we're seeing.
Speaker 1: So go with a sure thing Denver's Best roofer Excel
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Speaker 1: Time for an insurance checkup free, no obligation. In comparison,
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Speaker 1: of insurance companies find out now three oh three seven
Speaker 1: seven to one. Help you'll think you're his only customer
Speaker 1: when you choose Frank durand the real estate man dot
Speaker 1: Com to list your home with Remax Alliance three oh
Speaker 1: three nine two zero sixteen twenty two. Hi Tom Martino,
Speaker 1: your troubleshooter three oh three seven one three talk threell
Speaker 1: three seven one three eight two five five. So when
Speaker 1: it comes to real estate, and I know that it's
Speaker 1: getting more and more difficult for renters and for landlords.
Speaker 1: Now landlords are complaining that they're losing a lot of rights.
Speaker 1: But okay, I'm gonna tell you some the pendulumness swinging.
Speaker 1: For years and years, it was a two terrible place
Speaker 1: to rent because renters had no rights. Now the pendulum
Speaker 1: has swung where they have a lot of I believe
Speaker 1: they have a lot of rights, but the prices are outrageous.
Speaker 1: But landlords are complaining, like the just cause law saying
Speaker 1: you can't evict someone without a cause, and they mean
Speaker 1: that by the way. Now in some cases, however, a
Speaker 1: landlord can try it and a tenant would have to
Speaker 1: challenge it. So it's still a bit on the tenant
Speaker 1: to take action. But it's not like automatic where the
Speaker 1: city comes in or the state and says you can't
Speaker 1: evict them, but it wonn't take long for a judge
Speaker 1: to rule against them. So what I want to know
Speaker 1: is this, are you finding cases where landlords are selling
Speaker 1: previous rentals? They're getting out of the rental business? Have
Speaker 1: you found that in the spring of step you have? Huh,
Speaker 1: they're getting tired of it, right they are?
Speaker 7: Yeah.
Speaker 3: I actually met with some people recently who are going
Speaker 3: to list for that reason.
Speaker 1: Because of the new laws. They're saying, look, because there
Speaker 1: is no such thing as a one year lease. There
Speaker 1: really isn't. If you lease to someone, you must renew
Speaker 1: the lease unless there's a good reason you must renew it.
Speaker 1: So why have more than a one year lease just
Speaker 1: or why even have You can have a month to month,
Speaker 1: but even if it's a six month lease, you have
Speaker 1: to no way. I think it's only it only affects
Speaker 1: lease as a year or longer. I think I think
Speaker 1: maybe I might be wrong, but it's the just cause law,
Speaker 1: and there are also some other laws involved in rental.
Speaker 1: And again, I don't think it's a bad thing that
Speaker 1: there are laws to protect renters. I think though, that
Speaker 1: you're going to get to a point where you're going
Speaker 1: to defeat the purpose you're trying to help renters, and
Speaker 1: it's going to hurt them. I think one of the
Speaker 1: biggest things that should be done for renters is what
Speaker 1: I believe is the wrongful withholding of security deposits. That
Speaker 1: happens more than you believe. Now you might think, oh, Tom,
Speaker 1: they probably did it, they destroyed it. No, I think
Speaker 1: a lot of times landlords just keep it just because
Speaker 1: they can, and they give excuses a lot of times,
Speaker 1: and they've been and they have a carpet that should
Speaker 1: have been replaced years ago, and they keep charging people
Speaker 1: for it over and over. Now, most landlords are pretty good,
Speaker 1: honest people, right. I also understand there's a move against
Speaker 1: vacation reynolds by owners that a lot of people don't
Speaker 1: want them in their neighborhoods, and a lot of cities
Speaker 1: are requiring licensing and regulations. And I don't know if
Speaker 1: you ever got involved in that. Do you ever have
Speaker 1: buyers saying I want to find a vacation rental or
Speaker 1: something that I can.
Speaker 9: Not me personally, Tom, But I'll tell you this year alone,
Speaker 9: I've helped a lot of people that had rentals that
Speaker 9: decided to sell them.
Speaker 1: I mean a ton of them this year, So you
Speaker 1: did have the same thing. Landlord's saying, I want to
Speaker 1: get out. Oh yes, a ton of them.
Speaker 9: In fact, I just closed a few and just listed
Speaker 9: a few, so they're getting out of the business, correct,
Speaker 9: All right, Katchina.
Speaker 1: I'm not sure if we uh what we're going to
Speaker 1: do here, but Quentin, I did. I did leave the
Speaker 1: We're trying to get a hold of your attorney. Okay,
Speaker 1: we left a message, yes we did, so you guys
Speaker 1: have to be patient. Well, we'll get her on it.
Speaker 1: It's a female, right, female attorney. Okay, we'll get her
Speaker 1: on as soon as we can, so if you can
Speaker 1: hang in there. Again, I'm not sure what the grounds
Speaker 1: of the appeal was. They're upset it was rejected. And look,
Speaker 1: this isn't the first time a convict is said I'm
Speaker 1: not guilty. But at the same time, many of them
Speaker 1: have been exonerated after years it has happened. Okay, now
Speaker 1: it's more rare that it happens. Okay. I'm not saying
Speaker 1: that the courts get it wrong all the time, but
Speaker 1: they do get it wrong now and then this has
Speaker 1: to If you guys want to look up the case,
Speaker 1: by the way, you can just google the name Sean
Speaker 1: and it's s h u N so it looks like
Speaker 1: Shun and it's birch b I R C H. And
Speaker 1: one of the one of the articles is in Westward.
Speaker 1: Another one is is in the archived Denver Post and
Speaker 1: that's the one you don't have to pay for. And
Speaker 1: I guess it says that there's a Let's see is
Speaker 1: a defense attorney at the time was Frank Wait, wait,
Speaker 1: let's see who is the who is the defense attorney
Speaker 1: on this case?
Speaker 7: Quentin or Sean Mandarin Bowers and Frank Moyet I had
Speaker 7: called council double counsel buck now.
Speaker 1: Frank Moyer Okay, now what where are they nowadays? Have
Speaker 1: they ever tried to help you appeal?
Speaker 8: I'm not I'm not sure where Frank is. But man Durin,
Speaker 8: she still prid in law. She I mean, they're limited
Speaker 8: to what they could do based on where I'm at
Speaker 8: with the with the conviction and the most conviction proceedings,
Speaker 8: other than testify on my behalf.
Speaker 7: At a hearing.
Speaker 1: Well, they're not. They can't testify for you, for you're
Speaker 1: gonna say, But what I want to know is certain
Speaker 1: issues they can did you write you said you did
Speaker 1: write your own appeal. How did you learn to do that.
Speaker 8: I've been in college to become a piralegal. Since i've
Speaker 8: been in cards ready, I've become a certified pair of
Speaker 8: legal and so based upon that that help with the
Speaker 8: knowledge to study the law.
Speaker 18: And right right these claims.
Speaker 1: But you still haven't told me that. You still haven't
Speaker 1: told me the actual grounds for the appeal. The actual grounds.
Speaker 8: That's what I'm trying to get to.
Speaker 1: Go ahead, get to it with get to it right now, sir.
Speaker 8: Go on the statue eighteen four to two O two
Speaker 8: subsection one, that's first degree bargleary in Colorado. First degree
Speaker 8: Barkeley has to have what was called a predicate inside
Speaker 8: of it for you to be convicted of that.
Speaker 1: That's right. You were not convicted of first degree burglary.
Speaker 8: No, I wasn't. I was found not guilty. But the
Speaker 8: double jeopardy in this case is that they used the
Speaker 8: same first degree murder that you're saying I was convicted
Speaker 8: of inside of the barglery. If you read the information
Speaker 8: I gave you, the jury instruction expounds on that it
Speaker 8: gives specific instructions to the juror that hey, this is
Speaker 8: the same murder count. This the same murder count. Okay,
Speaker 8: specific for you.
Speaker 1: Let me ask you. Let me just come right out
Speaker 1: and ask you this. Okay, I'm going to come right
Speaker 1: out and ask you this because I'm not your attorney.
Speaker 1: And George Brockler said that is not uncommon to be
Speaker 1: found guilty of the murder part of the burglary.
Speaker 8: Well, if you said I did a bargerary to commit
Speaker 8: the murder and not even do the bargery, how can
Speaker 8: I be guilty of the murder.
Speaker 1: Because you did the murder, because you did the murder,
Speaker 1: because you didn't go because you didn't go in because
Speaker 1: you didn't go in there to steal, you went in
Speaker 1: there to kill.
Speaker 8: And they found me not guilty of those elements.
Speaker 1: That's what I'm no, they found you not guilty of
Speaker 1: the burglary. Look at Quentin, I mean not Quentin. I'm sorry,
Speaker 1: I'm a Sean. This is there's a reason you're being
Speaker 1: turned down. You know what the definition of insanity is
Speaker 1: doing the same thing over and over and getting the
Speaker 1: same result. I mean, if the courts turn you down,
Speaker 1: Sean and you studied law. What does that tell you?
Speaker 1: It tells you to take another tack. I'm not saying
Speaker 1: you're wrong. I'm not saying you're right. What I am
Speaker 1: saying is the tactic you're using is not working. It's
Speaker 1: not working. You're using. You're using a tactic that almost
Speaker 1: everyone involved in law enforcement is telling me. You're all wrong.
Speaker 1: You can separate that murder. You can. There does not
Speaker 1: have to be a burglary to be convicted of the
Speaker 1: conspiracy to commit murder and the murder part of it.
Speaker 1: George Brogler just said. A former district attorney and attorney,
Speaker 1: and he's well respected.
Speaker 7: He said, shodn't then get to this point, man, go
Speaker 7: get to what point?
Speaker 1: You never make a point? Make the point. Go ahead,
Speaker 1: make the point.
Speaker 8: The point is this from the start of this case,
Speaker 8: the Bill case, it's been corruption in this whole case
Speaker 8: the whole time that I could prove. And I'll try
Speaker 8: to send you things that help with that. I don't
Speaker 8: know if you've read them.
Speaker 1: I did, road him. I want to know what corruption.
Speaker 1: Let's take one. Let's take one.
Speaker 8: Well, the main one of the corruption starts with Detective
Speaker 8: Humphrey from the beginning when they indict me on this
Speaker 8: case where he's withholding the sculpatory evidence, it proves I didn't.
Speaker 1: Do to murder Quentin. I'm sorry to get the name
Speaker 1: Quinton off there. For God's sakes, I keep looking at it.
Speaker 1: I'm just going to take it off. Sean. Let me
Speaker 1: just ask you this straight up, Okay, straight up, what
Speaker 1: did he withhold? Let's just talk in English? What did
Speaker 1: he withhold?
Speaker 8: He withheld a video of the only eyewitness telling him
Speaker 8: he's seen the killers, and he specifically said I was
Speaker 8: not the killer.
Speaker 1: Okay, that's that one piecee Hold on, hold on that
Speaker 1: video of an eyewitness. That eyewitness did not testify in court?
Speaker 1: Is that right? Yes?
Speaker 8: He did, Yes, he did.
Speaker 7: Did your attorney ask identify me?
Speaker 1: Okay? So that guy that that guy on the video,
Speaker 1: not in the testimony in court, but on the video
Speaker 1: when he was when he was interviewed by the detective.
Speaker 1: He said it wasn't Sean, correct, And why didn't your
Speaker 1: wait wait wait, why didn't your attorney or draw that
Speaker 1: out in cross examination? She did so in court? Hold
Speaker 1: on in court. There's a transcript in court. There's a
Speaker 1: transcript of the witness saying the man I saw shoot him?
Speaker 1: Was not Sean?
Speaker 8: Correct? He never identifies me as the shooter at Trout?
Speaker 1: Did he say it was not you?
Speaker 8: Well, he couldn't say it was or was not me
Speaker 8: because the ceilings wore masks. Whoever did this?
Speaker 1: Okay, Okay, I got it, I got it? Did he say, Sean,
Speaker 1: you got to forgive me? Because I don't know about
Speaker 1: the case, so I know this. These sound like dumb questions.
Speaker 1: But did they say did they say did they say
Speaker 1: to him? Was it Sean? Was it his voice? I mean,
Speaker 1: did they make any kind of connection? How did they
Speaker 1: connect you to the scene? Were you there? Were you there?
Speaker 6: No?
Speaker 7: I wasn't.
Speaker 8: I'm unequivocally innocent. I was not there.
Speaker 1: You were not? Even So there were three men they arrested,
Speaker 1: two of the right ones, but one wrong one? Or
Speaker 1: were none of those three? Like what about your co defendants?
Speaker 8: None of the three?
Speaker 1: All three of the all you're saying all three, hold
Speaker 1: on you and the other two were all innocent?
Speaker 8: Behalf?
Speaker 1: Yeah, but I'm asking you if they got it hold on.
Speaker 1: I need to know this, Sean, I need to know this.
Speaker 1: Were you the only one wrongfully convicted? Well, if you're
Speaker 1: not going to answer. Okay, I'm sorry. Can't do it
Speaker 1: unless you're going to answer me. Go with a sure
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Speaker 1: You'll think you're his only customer when you choose Frank
Speaker 1: durand the real estate Man dot com to list your
Speaker 1: home with Remax Alliance three oh three nine two zero
Speaker 1: sixteen twenty two. Hi Tom Martino, you're troubleshooter three O
Speaker 1: three seven to one three Talk chopper. What do you
Speaker 1: got going on? You got some updates? What are they?
Speaker 7: Well?
Speaker 17: The first one is the company that used to be
Speaker 17: good that is horrible anymore.
Speaker 1: Let me get us Champion, You got it, Champion Windows.
Speaker 1: Champion is a story about a company that has been destroyed.
Speaker 17: Yeah, we had a lady named Kay who's a.
Speaker 1: They suck and champion. You know when it happened they
Speaker 1: were bought up by some giant, big national company okay,
Speaker 1: go ahead.
Speaker 17: Uh, she's a senior city been partially vision impaired. She
Speaker 17: had three only three windows put in. She had to
Speaker 17: go to Champion because everyone else didn't want to U
Speaker 17: juste to do three windows. She's been waiting now almost
Speaker 17: a year.
Speaker 1: What's her name? K? When did she call?
Speaker 10: Uh?
Speaker 17: I don't have it down, but it's been probably about
Speaker 17: ten days.
Speaker 1: Okay, God, I'm looking for right now, go ahead.
Speaker 17: And I called Champion and I got the oh, we
Speaker 17: can't talk to you. And I said, hey, wait a minute,
Speaker 17: I'll do a conference call.
Speaker 1: Good.
Speaker 17: So we did a conference call.
Speaker 1: I have got the story that these screens in windows.
Speaker 1: That's she called August ninth. That can't be or is
Speaker 1: that another K with the same problem where there were
Speaker 1: no screens.
Speaker 17: That's yes, that's the one no screens you said up
Speaker 17: ten days?
Speaker 19: It was August ninth. Bro okay, all right, go ahead.
Speaker 19: We arranged at the screens were being made, they were
Speaker 19: going to be put on a truck. They were coming
Speaker 19: this week.
Speaker 7: Oh.
Speaker 17: We had to talk to like twelve different people to
Speaker 17: get that. Today she just called me and said Champion says, no,
Speaker 17: they're not made yet. They're on backwater. And you probably.
Speaker 17: We don't know when they're going to get them. K's
Speaker 17: been very nice. We've kind of laughed about it, saying
Speaker 17: she'll probably get the screens after the first Snow, you
Speaker 17: know what, I bought windows from Champion when they were
Speaker 17: a good company. Yeah, I wouldn't. I tell people, in
Speaker 17: my humble opinion, you avoid them.
Speaker 1: No, No, avoid them like the plague. Now Champion. When
Speaker 1: I hate to say this, and the reason I hate
Speaker 1: saying it, I hate won a great company. Just god, man,
Speaker 1: it just happens.
Speaker 17: And then I have a second one.
Speaker 1: All right, go ahead.
Speaker 17: This was an Aspen I show called on the twentieth
Speaker 17: of October, I mean twentieth of August. This is she
Speaker 17: was having a roofing deck or I caught an aunting
Speaker 17: put on her house and she contracted with a gentleman.
Speaker 17: That mean you disagreed on the spelling, but it is Jefferson,
Speaker 17: like the aviation Jefferson, Yeah, Jefferson to do it, and
Speaker 17: he took three thousand dollars.
Speaker 1: I've called this her first name. I got.
Speaker 17: I have Aspen on my notes.
Speaker 1: Okay, Aspen, Okay, that'll be easy to look up. Go ahead,
Speaker 1: and yep, he's gone. Or Josh Jepson.
Speaker 17: Yep, he's gone.
Speaker 1: I just put a roof on her deck. She paid
Speaker 1: him two thousand dollars for materials and approximately twenty by twenty.
Speaker 1: He showed up in August to complete the deck but
Speaker 1: never did what what did he leave undone?
Speaker 17: Well he never No, he never did the awning part.
Speaker 17: He did some inside it for her. That's how she
Speaker 17: got got a.
Speaker 1: Hold of him. He did something for her.
Speaker 17: Yeah, a prior job. That's why she used him the second.
Speaker 1: Toll to complete a prior job. Got it, got it
Speaker 1: the deck right, got it? Okay, So so okay, I've
Speaker 1: called guys gone, I've.
Speaker 17: Called he's gone. I mean I wouldn't say I did this,
Speaker 17: but I even called and said, hey, I got a
Speaker 17: job for you to do. We gotta called me back.
Speaker 1: We got to put him on the seat. How much
Speaker 1: that you have two grand of her money? I showed
Speaker 1: three grand according to her. And he does his phone still.
Speaker 17: Work and the phones still work, but he doesn't.
Speaker 1: Call you back. He never do you get a voicemail.
Speaker 17: You do get a voicemail, okay, and sometimes it's full,
Speaker 17: but he must be going in it and the empty
Speaker 17: nip he's his phone number.
Speaker 1: I want people to inundate it with voicemail telling me
Speaker 1: he's a crook.
Speaker 17: Nine seven zero yeah, nine three nine.
Speaker 1: Be nice when you call him at your a crook
Speaker 1: nine three nine.
Speaker 17: Zero seven nine to one.
Speaker 1: Yeah. So here's what I mean. You don't have to
Speaker 1: be vulgar. Just say, look, we heard about you, Josh.
Speaker 1: We're gonna let everyone know about you. You're a crook.
Speaker 1: And he was seven zero nine three nine zero seven nine.
Speaker 17: He wasn't located by our referral list. He was that
Speaker 17: other good spot called next door. Yeah, of course, yeah,
Speaker 17: of course.
Speaker 1: A lot of these clowns have go on next door.
Speaker 1: There's no way for them to check out people. They
Speaker 1: just can't nine seven zero nine three nine zero seven
Speaker 1: nine one nine seven zero nine three nine zero seven
Speaker 1: nine to one. Right, Yes, okay, else going on.
Speaker 17: I have one other one, but I'm gonna hold off
Speaker 17: on that. That was an attorney that uh we told
Speaker 17: the lady to go to the Supreme Court, uh Committee.
Speaker 1: On Grievance Committee for an attorney what's her name? Oh?
Speaker 1: Are you still working on it? Yeah, we're still working
Speaker 1: on it. Because what was it about? An attorney took
Speaker 1: some money.
Speaker 17: Yeah, he took from Regina, that's the name. Uh, took
Speaker 17: some money, signed some checks and didn't give her all
Speaker 17: the money that he should have.
Speaker 1: All things right, he took some settlement money.
Speaker 17: Yes, the Supreme Court's looking into it.
Speaker 1: Hold on good, Go with a sure thing Denver's best
Speaker 1: roofer Excel Roofing dot com. You don't pay a cent
Speaker 1: until you're contenth time for an insurance check up free,
Speaker 1: no obligation comparison call Compass Insurance paying too much your
Speaker 1: coverage at dozens of insurance companies find out now three
Speaker 1: oh three seven seven to one help. You'll think you're
Speaker 1: his only customer when you choose Frank durand the real
Speaker 1: estate Man dot com to list your home with Remax
Speaker 1: Alliance three oh three nine two zero sixteen twenty two.
Speaker 1: Hi Tom Martine here three O three seven one three
Speaker 1: talks seven one three eight two five five. Welcome to
Speaker 1: the show. And again, look we're gonna uh, we're gonna
Speaker 1: revisit this a little. Uh, we're running out of time.
Speaker 1: And I really let me just say this right up front.
Speaker 1: I don't even know what I would do if I'm
Speaker 1: sitting in prison, and I didn't think I was guilty.
Speaker 1: But there are so many people say, don't waste your
Speaker 1: time on this, blah blah blah, And I say, what
Speaker 1: harm is it doing? It's doing no harm And on
Speaker 1: the outside possibility this guy's got a case. What the
Speaker 1: hell I mean, it's what is it? It's not doing
Speaker 1: anything harmful to me to talk to Sean. I mean,
Speaker 1: I know that if I was in prison and I
Speaker 1: wanted somebody to listen to me, it would be a
Speaker 1: good thing. So again, we have such limited time in between,
Speaker 1: and it's amazing to me he can be on the phone,
Speaker 1: and I hope he can hang because I just want
Speaker 1: to ask some very basic questions that our attorneys asked
Speaker 1: me to ask him. Again, they won't come on, and
Speaker 1: we're still trying to get a hold of his attorney.
Speaker 1: Plus we have a real estate discussion going on. Then
Speaker 1: we have any consumer problems, questions and complaints three oh
Speaker 1: three seven one to three talk Go with a sure
Speaker 1: thing Denver's Best Rufer Excel roofing. You don't pay a
Speaker 1: cent until you're content, Leave time for an insurance check
Speaker 1: up free no obligation comparison call Compass Insurance paying too
Speaker 1: much your coverage at dozens of insurance companies. Find out
Speaker 1: now three all three seven seven one help. You'll think
Speaker 1: you're his only customer when you choose Frank durand the
Speaker 1: real estate man dot com to list your home with
Speaker 1: Remax Alliance three all three nine two zero sixteen twenty two.
Speaker 2: Yeah, ripped of need advice? Who you don't have? Come
Speaker 2: run incous asta as we can. Shooter's gonna help.
Speaker 18: Come man.
Speaker 1: This is the Troubleshooter Show. No Tom Martino, Hi, Tom Martino,
Speaker 1: You're Troubleshooter three all three seven one three talks seven
Speaker 1: one three eight five five. Welcome to the show. We're
Speaker 1: talking real estate today. I got Frank Dran the real
Speaker 1: estate Man dot Com on with me, and also Stephanie
Speaker 1: Stephanie Thomas, and she's Stephanie Ari dot com. And she's
Speaker 1: in the Springs area up up to like Castle Rock,
Speaker 1: and Frank is all around the metro area north. And
Speaker 1: how far do you go into the mountains Frank off anything?
Speaker 1: How far up?
Speaker 9: So I go as far as Golden oh to the west,
Speaker 9: and as far as Kingsburg to the east, and how
Speaker 9: about north Firestone to Castle Rock and everything in between.
Speaker 1: And then Stephanie how far west you go down there?
Speaker 3: Yeah, absolutely, I do tell her county so Woodland, Park Divide,
Speaker 3: Cripple Creek. I will go a little bit into Park County,
Speaker 3: but typically not as far as you know, like fairplay
Speaker 3: or getting too far out there.
Speaker 1: Mountain properties are pretty specialized. I think they are. I
Speaker 1: really do, just like some rural properties, but mainly mountains
Speaker 1: have very special kinds of problems. How are we coming
Speaker 1: on finding this guy's attorney to come on and address
Speaker 1: the rejection?
Speaker 11: So we've left a message, and her voice small is going,
Speaker 11: her phone is going straight to voicemail.
Speaker 1: I wonder if she doesn't want to be on. He
Speaker 1: said he had to fill out a release and he
Speaker 1: did so we could talk, and I want to attempt
Speaker 1: to ask some questions of him. Now for people listening,
Speaker 1: Sean is doing a life sentence plus forty eight years,
Speaker 1: so that you know, let's know, that's that's that's a
Speaker 1: big deal. And he was convicted of first degree murder
Speaker 1: and he was charged with burglary, and I don't I
Speaker 1: didn't read the charge. I'm just going George Brocker trying
Speaker 1: to explain it to me, but I don't actually have
Speaker 1: the charging document. I have articles I'm reading. Okay, so,
Speaker 1: and I'm really not familiar with the case and it
Speaker 1: was many years ago. But basically the article says a
Speaker 1: second man at the time, twenty nine year old Sean Birch,
Speaker 1: has been convicted of murdering a witness in two thousand
Speaker 1: and six. I left out the name of the witness,
Speaker 1: doesn't matter. He was one of three men charged with
Speaker 1: the killing. So you see, and perhaps the least known
Speaker 1: and it says reputed gang leader Brian Hicks was found
Speaker 1: guilty last month. Now this is going back to this
Speaker 1: article dated twenty eleven. And then it says and it
Speaker 1: says Willie Clark previously convicted of killing Broncos cornerback Darrent Williams.
Speaker 1: Anybody remember that Jack? You were a copback then, right.
Speaker 17: Two thousand and six.
Speaker 1: I was okay, no, no, this was okay, okay, Yeah,
Speaker 1: is also charged with murdering Clark. So they were all
Speaker 1: charged with it. Now, that doesn't mean that any of
Speaker 1: them or any one of them pulled the trigger. As
Speaker 1: George Brockler explained, former district attorney, former talk show host
Speaker 1: and Man about Town explained, you can be just there
Speaker 1: and part of it and face the same consequences as
Speaker 1: the person who pulls the trigger, but they were also
Speaker 1: But but Sean was also charged with burglary, first degree burglary,
Speaker 1: and felony murder. Again, he was found not guilty of
Speaker 1: first degree murder. I excuse me, A first degree burglary
Speaker 1: and felony murder. That is one charge. But then there
Speaker 1: were two other charges, first degree murder and conspiracy to
Speaker 1: commit first degree murder. Now, somehow Sean believes because he
Speaker 1: was found not guilty of the first degree burglary and
Speaker 1: felony murder, he couldn't possibly be guilty of the first
Speaker 1: degree murder and conspiracy. And again, I've not talked to
Speaker 1: one or texted one legal expert that agrees with that
Speaker 1: and would never ever, ever ever try to appeal that.
Speaker 1: So Shawn's on his own and he'll never win. But
Speaker 1: he mentioned something else. And you've heard of cases being
Speaker 1: overturned when it's shown that maybe evidence was withheld. Well,
Speaker 1: he said that a video was withheld of a witness
Speaker 1: who said they couldn't identify the shooter or they couldn't
Speaker 1: identify the man or whatever. But in court that person testified,
Speaker 1: and I was wondering why his defense attorney didn't get
Speaker 1: the information that it wasn't him. Again, I am so
Speaker 1: confused about this that I want to ask such basic questions.
Speaker 1: It's going to be very silly for someone familiar with
Speaker 1: the case, but I need to so, Sean, I just
Speaker 1: need to ask questions. You have to bear with me,
Speaker 1: and I really can't have you making speeches right now.
Speaker 1: I really need to know this. Okay. So you were
Speaker 1: the one of three people convicted here, and you're saying
Speaker 1: you weren't even there. You weren't there for any part
Speaker 1: of this at all, not one part of this. Okay,
Speaker 1: got it? Hold on, I get it. And you said
Speaker 1: all three men wore masks. What I'm asking you? Do
Speaker 1: you know if the other two people are saying they
Speaker 1: were not there either.
Speaker 8: They also said they're innocent too.
Speaker 1: Are they saying they were not there?
Speaker 8: They weren't there?
Speaker 1: Okay, during that time this allegedly took place. What is
Speaker 1: your alibi?
Speaker 8: Well, this is a like, this is a cold case.
Speaker 8: I know it wasn't there, but like, can you tell
Speaker 8: me where you were ten years ago?
Speaker 1: No, but it wasn't ten years ago. I am positive
Speaker 1: you had to have gone through this with a defense
Speaker 1: attorney the very first thing. I mean, the conviction may
Speaker 1: have been ten years ago, but sir, if I was
Speaker 1: on trial for my life and my attorney was trying
Speaker 1: to establish I wasn't there, I would remember my alibi.
Speaker 8: Well, I didn't do it. That was my alibi.
Speaker 1: But did the police did your attorney ask you if
Speaker 1: you had an alibi back then?
Speaker 8: I believe she did, Yes, she did.
Speaker 1: Do you remember telling your attorney no, I couldn't have
Speaker 1: on it. I was out having drinks with Harry. I mean,
Speaker 1: like I.
Speaker 8: Said I was. I said I was at work or
Speaker 8: at home? Okay, because I worked and I just went
Speaker 8: at home.
Speaker 1: I mean, okay. Now what I want to know is
Speaker 1: this then, But you have no idea. You have no
Speaker 1: idea if the other two men are guilty or not right,
Speaker 1: you have no idea.
Speaker 8: Well, no, they pleaded not guilty.
Speaker 7: His idea is.
Speaker 1: Okay, are they still maintaining to my website?
Speaker 8: Tom? That way you guys could get more?
Speaker 1: Oh good, Yeah, I'd love it. What is it? Yeah,
Speaker 1: I'd love it.
Speaker 8: It's called it's called the Elements of a Wrongful Conviction
Speaker 8: that Change dot org.
Speaker 1: Oh my god, that's the whole hold on that's why
Speaker 1: no one will find that in a search engine.
Speaker 7: The element yeah of a wrongful.
Speaker 8: Conviction, A wrongful conviction, the elements of a.
Speaker 1: Would you make this website?
Speaker 15: My team do?
Speaker 1: And where did you get this team?
Speaker 8: A team of family members.
Speaker 1: Well, that's wonderful that you got all that support. It
Speaker 1: says it can't. I'm typing it in as carefully as possible,
Speaker 1: and it says can't be reached. The element of a
Speaker 1: wrongful conviction dot org.
Speaker 8: At change dot org. Oh, change dot org.
Speaker 1: At change dot org. Okay, at at change Wait the
Speaker 1: at sign or the word at.
Speaker 8: Yeah, the at sign, the at sign change.
Speaker 1: I've never seen an AT sign in a U R
Speaker 1: L at. Okay, bro, I'll find I'll do it. But
Speaker 1: I'm not saying hold on, uh, it's not coming up
Speaker 1: like you're saying it.
Speaker 7: Just change dot org is the website.
Speaker 1: What? Oh wait, change dot org is okay, And then
Speaker 1: the element of us Okay.
Speaker 8: I'm the wrongful conviction is the title of my page.
Speaker 1: There, I got it. Okay, So we have to.
Speaker 8: First I've been incarcerating Tom, so I don't know what
Speaker 8: it looks like.
Speaker 1: Okay, So first we have to go to change dot
Speaker 1: org to find it. Hey, somebody brought up somebody brought
Speaker 1: up a good Uh, I'm getting I am getting texted
Speaker 1: while you're talking, and it says it says here somebody
Speaker 1: wants to know what? What? What do you want? I mean?
Speaker 1: In other words, why are you calling me? What can
Speaker 1: I do?
Speaker 8: I wanted to get my story out there because I
Speaker 8: don't have a voice in prison, like they've been trying
Speaker 8: to silence this case the whole time.
Speaker 1: Okay, I'm at I hear you. Now you want to
Speaker 1: get the word out. I have change dot org. How
Speaker 1: do I find your page on here?
Speaker 8: So you type in that the element?
Speaker 1: But where do you type it in? Because there's nowhere
Speaker 1: to type it in? Wait? Is there a search? Where's
Speaker 1: the search over on the right?
Speaker 7: Boy?
Speaker 1: I got it. I got a hold on I'm gonna
Speaker 1: I'm gonna have to take a break hold on Sean. Heather, Heather,
Speaker 1: what's going on with you? I don't want you. I
Speaker 1: don't want to make you wait this whole time. You
Speaker 1: say you were given the wrong medicine in an ambulance, Heather.
Speaker 1: Can we try to connect with Heather? She's not coming
Speaker 1: up right now. Please go with a sure thing Denver's
Speaker 1: best roofer Excel Roofing dot com. You don't pay a
Speaker 1: cent until you're content. Time for an insurance check up free,
Speaker 1: no obligation. Comparison call Compass Insurance paying too much your
Speaker 1: coverage at dozens of insurance companies find out now three
Speaker 1: oh three seven seven one help. You'll think you're his
Speaker 1: only customer when you choose Frank durand the real estate
Speaker 1: Man dot com to list your home with three Max
Speaker 1: Alliance three oh three nine two zero sixteen twenty two.
Speaker 1: Hi Tom Martino, you're troubleshooter. By the way, I went
Speaker 1: to this website on one computer that shows a video.
Speaker 1: I'm trying to find it on the other anyway. Oh yeah,
Speaker 1: there it is, so on this thing he actually has.
Speaker 1: Where the hell did you sean? Let me ask you, Yeah,
Speaker 1: I'm here. Let me ask you where where did you
Speaker 1: get this video.
Speaker 8: From? This came from the corrupt D.
Speaker 1: And then why would a corrupt DA show you exculpatory
Speaker 1: evidence that he withheld? I don't get that part.
Speaker 8: Because let me explain that to you, Tom, Another DA
Speaker 8: took over the case and turned the video over.
Speaker 1: Did this other D? Wait, did the other DA feel
Speaker 1: this should have been in court.
Speaker 8: Yeah, that's what.
Speaker 1: Well, here's what I don't understand. I'm playing the takes.
Speaker 1: Hold on, hold on, This guy is talking about who
Speaker 1: he saw kill his wife. Correct, Well, if you guys
Speaker 1: were all wearing masks, I'm not saying you, but the
Speaker 1: three people that were there were all wearing masks. How
Speaker 1: does he know they have the wrong people in custody?
Speaker 8: I don't. Well, watched the video. He tells you why.
Speaker 8: He says that it looked like the guy that was
Speaker 8: the shooter if he fitted the scription to the key.
Speaker 8: If you hold on video, I'm listening, like, I.
Speaker 1: Want to tell people how they can see this video. Listen.
Speaker 1: I want to tell people how to get to this
Speaker 1: site in case they want to sign your petition, because,
Speaker 1: as I said this, Sean, look, you're sitting in jail
Speaker 1: for life plus forty eight years, you're convicted of murder.
Speaker 1: You're saying you're innocent. What I said is this, I'm
Speaker 1: not doing any harm by letting you get your story out.
Speaker 1: For God's sakes, if I was in prison and I
Speaker 1: felt like I was wrongly convicted, I for sure would
Speaker 1: love at least someone listening to me. So I'm going
Speaker 1: to give out the website. Well, there's not going to
Speaker 1: do any harm, right, I mean, I don't know if
Speaker 1: you're I just know this. It's not going to do
Speaker 1: any harm exploring it. Okay, So here's what it is.
Speaker 1: Go to change dot org. That's the name of the website,
Speaker 1: change dot org. Once you get there, you go up
Speaker 1: to the top right and there's a drop down menu
Speaker 1: and you can do a search. When you search, put
Speaker 1: in elements of a wrongful conviction. I imagine you could probably
Speaker 1: even put his name in there. I don't know. But
Speaker 1: once you put elements of a wrongful conviction in there,
Speaker 1: then you can scroll through this and read about the case.
Speaker 1: But the one part where you see the right, if
Speaker 1: you look very closely, it's hard to see because it
Speaker 1: doesn't look like a link. It just looks like a
Speaker 1: boldface headline above the QR code. There's something that's written
Speaker 1: in boldface, exculpatory evidence. If you click on that headline
Speaker 1: exculpatory evidence or that bold faced well, I call it
Speaker 1: a headline. If you click on that or a heading,
Speaker 1: it'll take you to the video where the guy's sister
Speaker 1: where the excuse me, the sister's brother the victim's brother. Oh,
Speaker 1: her husband. The victim's husband is explaining who shot his wife?
Speaker 1: And I didn't see it yet. I didn't. I didn't.
Speaker 1: I didn't listen to it yet totally. But you're claiming,
Speaker 1: you're claiming that in this video, he says. He detective Joe,
Speaker 1: what does he say that exonerates you?
Speaker 8: He says, where he's seen the killers, and he describes
Speaker 8: what they look.
Speaker 1: Like, but they were wearing masks.
Speaker 8: Video, well, some there's some descriptive information about he gives.
Speaker 8: He says, the shooter had long hair that of a
Speaker 8: Caucasian or Mexican male, and I.
Speaker 7: Don't have here.
Speaker 8: I never had long hair until I came to prison.
Speaker 8: But my hair is not of that texture.
Speaker 1: Did any of the other did any of the other
Speaker 1: suspects match the descriptions of the people?
Speaker 8: No? No, no, their here is.
Speaker 1: But how let me ask you this, how is it
Speaker 1: that police arrests three wrong people? It just doesn't make
Speaker 1: a lot of sense to me.
Speaker 8: Well, we have to look back to the Central Park five.
Speaker 8: That didn't make sense. But I mean they've restified black
Speaker 8: males in that case.
Speaker 1: Dragon, what Dragon?
Speaker 12: I thought i'd heard that this gentleman in the video
Speaker 12: was on the stand and was being asked.
Speaker 1: And that's okay. That's another thing. So this guy that's
Speaker 1: in the video, right, he also took the stand. He
Speaker 1: also took the stand.
Speaker 8: Right therec He testified, Well, then.
Speaker 1: Why didn't on the stand? You got the wrong people
Speaker 1: in custody?
Speaker 18: I don't, I could He took a please Yeald.
Speaker 7: Remember Detective hump.
Speaker 8: Was facing drug charges himself.
Speaker 13: Detective Humphrey of what he's trying to tell them, hold
Speaker 13: on them. When he's trying to tell Detective Humphreys who
Speaker 13: he thinks the killers are. They're so infatuated with already
Speaker 13: investigating Sean. They say, we're not gonna turn this over
Speaker 13: at the Sean.
Speaker 1: Let me Sean. Let me ask you something. Sean, let
Speaker 1: me ask you something. Are you Are you able to
Speaker 1: get visitors where you are?
Speaker 7: Yes?
Speaker 1: I am so I could come and I would be
Speaker 1: able to visit you.
Speaker 8: Yes, if you get on my visit unless you can,
Speaker 8: you can come and see me as you can.
Speaker 1: That's encouraging in Sterling, Colorado, because I.
Speaker 5: Could prove this.
Speaker 8: It's just a beluminous case. Man, I need somebody there.
Speaker 1: Sean, just wait a sayption, let me ask you something.
Speaker 1: Do you know if they would allow you to take
Speaker 1: a lie detector test?
Speaker 8: I don't know if they would allow that here, but
Speaker 8: I know they allow you to come and see me.
Speaker 1: Okay, I can find out anyway. Do me a favor,
Speaker 1: and uh, and make sure that I have your uncles
Speaker 1: and it's your uncle the one on the phone with you, right, No,
Speaker 1: it's my cousin, your cousin. Make sure your cousin, uh, Kachina.
Speaker 1: Make sure I get this cousin's contact info. So, guys,
Speaker 1: when you go to the website change dot org, you
Speaker 1: you put in the search search for elements of a
Speaker 1: Wrongful Conviction, and then go down to above the QR
Speaker 1: code and click on the heading that says exculpatory evidence.
Speaker 1: That'll bring you to a video where this guy's being
Speaker 1: interviewed by the lead detective. Again, I don't have time
Speaker 1: to do it right now, completely, I haven't it, but
Speaker 1: according to Sean, that will point enough doubt to his guilt,
Speaker 1: and it would have if they allowed it in court.
Speaker 1: The problem is what I don't understand. Why would they
Speaker 1: put this guy in the stand if he said in
Speaker 1: the video you were the wrong people, And why didn't
Speaker 1: he say that on the stand again. I have all
Speaker 1: these questions, but I will look into it, I promise you,
Speaker 1: and I can't promise I'm going to get your conviction overturned.
Speaker 1: But as I said, I'm not gonna it's not gonna
Speaker 1: be any harm looking into this now, Heather, I need
Speaker 1: to talk to Heather. What kind of wrong medicine were
Speaker 1: you given in the ambulance?
Speaker 7: Hi?
Speaker 14: Tom?
Speaker 6: Was given?
Speaker 1: Hi Tom? Hi? Hi? Now? Now when you say you
Speaker 1: were given kenmine, were you in the ambulance voluntarily or
Speaker 1: was this some kind of an arrest or some kind
Speaker 1: of a drug thing or tell me what happened?
Speaker 20: No, so I had really bad cramps from my woman.
Speaker 20: Yeah I'm and so I was hasn't ever given ketamine
Speaker 20: in the whole you know?
Speaker 18: It says I've had existence?
Speaker 1: No, I got it. So you were having cramps and
Speaker 1: called the called for an ambulance.
Speaker 7: Yeah that's good. That's how bad they got.
Speaker 20: But they never gave me payne medicine with ketymine. Hi Tom,
Speaker 20: and I hope you're doing great and I miss.
Speaker 7: You so much.
Speaker 1: Okay, Now who am I? Who said that?
Speaker 7: Who said?
Speaker 1: What did you just say? Hi?
Speaker 7: Tom?
Speaker 1: I miss you? So much.
Speaker 20: Yes, that was me.
Speaker 1: Do I know you? Yes, you know me.
Speaker 20: You helped me with my mom when she died.
Speaker 1: Oh, I remember you. You were You were a mess, Heather, I.
Speaker 20: Was, and now I'm doing really good.
Speaker 1: All right, hold on, I'll come right Hold on, Heather,
Speaker 1: I'll come right back to you. Go with a sure
Speaker 1: thing Denver's Best roofer Excel Roofing dot You don't pay
Speaker 1: a cent until you're content. Time for an insurance check
Speaker 1: up free, no obligation comparison call Compass Insurance paying too
Speaker 1: much your coverage at dozens of insurance companies find out
Speaker 1: now three all three seven to seven to one help.
Speaker 1: You'll think you're his only customer when you choose Frank
Speaker 1: durand the real estate Man dot com to list your
Speaker 1: home with Remax Alliance three all three nine two zero
Speaker 1: sixteen twenty two. Hi Tom Martino, you're a troubleshooter three
Speaker 1: all three seven one three talk to three seven one
Speaker 1: three eight two five five. Anyway, aren't they supposed to
Speaker 1: release tapes like this from witness interviews during discovery? I
Speaker 1: have to the defense attorneys. I mean, when you think that's.
Speaker 12: Where he's hung up on because he believes this tape
Speaker 12: was withheld from evidence. I want to trying to get
Speaker 12: on on pot.
Speaker 1: I gotta ask Sean that real quick here, Sean, did
Speaker 1: did your attorney have access to this video before they
Speaker 1: went before you went to trial? Did Sean hang up?
Speaker 1: He might have because we got his information. I you know,
Speaker 1: it does sound really strange that. I mean, if this
Speaker 1: videotape was never made available to defense, it would have
Speaker 1: definitely it would have definitely led to defense to ask
Speaker 1: other questions. I mean, this guy was talking about people
Speaker 1: that he says he knew them from the mall and
Speaker 1: other things. I mean, and this is the guy, this
Speaker 1: is the victim's husband saying, oh yeah, this guy's got
Speaker 1: hair like this, and it was like this, And I
Speaker 1: saw them later on at the mall and they remembered
Speaker 1: me from that night. They didn't have their mask on,
Speaker 1: but I knew it was them, and he didn't indicate
Speaker 1: they were the ones in custody. At this point, I'm
Speaker 1: going to read I'm going to look at the rest
Speaker 1: of the tape. But here's what I'm all I'm saying,
Speaker 1: is this, if this tape was really done, I mean
Speaker 1: not really it was done. If this tape was withheld
Speaker 1: from discovery. I don't know how much prosecutors have to
Speaker 1: give or police have to give to defense attorneys. I
Speaker 1: really don't know criminal law either way.
Speaker 12: That gentleman was on the stand and gave testimony there, Yeah,
Speaker 12: but he's.
Speaker 1: Not going to volunteer it. He can only answer questions.
Speaker 1: But here's what I'm saying, Dragon, if this guy was
Speaker 1: on the stand, the last thing I would ask him
Speaker 1: is was my defendant there? I mean, was my guy there?
Speaker 1: I mean, I wouldn't because you never ask a question
Speaker 1: you don't know the answer to, right, So that's for sure.
Speaker 1: So therefore, I wonder if the defense attorneys had access
Speaker 1: to this tape. The other question is are they required
Speaker 1: to have access to all evidence? I don't know. I
Speaker 1: was always you know, from all the movies. I'm serious
Speaker 1: when I say this. I don't know anything about criminal law.
Speaker 1: I don't know what there are you supposed to turn
Speaker 1: over all evidence. And if they did withhold this interview
Speaker 1: because it didn't sound very good, I mean, is that
Speaker 1: could be a problem. That's what I'm going to look into.
Speaker 1: It's the only thing I can look into. Look I mean, obviously,
Speaker 1: you know you can't just take his word. I wasn't there.
Speaker 1: And anyway, Heather, your turn, Heather again. Now I know
Speaker 1: Heather from years ago. I helped her out when her
Speaker 1: mom died and she has since come a long way.
Speaker 1: How and then you had some cramps. You called an
Speaker 1: ambulance and I've never heard of people it must be
Speaker 1: that bad. Have you ever had female cramps before that
Speaker 1: were that bad?
Speaker 6: Yeah?
Speaker 21: But they never gave me ketamine?
Speaker 1: Time wait wait, wait, wait, but I want to ask this.
Speaker 1: You have had cramps where you called paramedics before?
Speaker 21: Yeah?
Speaker 1: So is this does this happen every every time you
Speaker 1: get your peers or is this something special different?
Speaker 21: Yeah, it happens every time.
Speaker 1: Have you ever seen an obgyn?
Speaker 21: Yes? I have a polycystic over ea syndrome.
Speaker 1: Oh so you have a lot of cysts on your ovaries?
Speaker 7: Yes?
Speaker 1: I knew someone who had that and they they had
Speaker 1: such terrible pain. One would burst now and then it
Speaker 1: would it would send him to the stratosphere. So what
Speaker 1: you're saying is you called paramedics, they came with an ambulance,
Speaker 1: and how do you know they gave you ketamine because.
Speaker 20: They said it when I was getting out of the
Speaker 20: ambulance and they were transporting me into the emergency room
Speaker 20: and he said, I'm administering eighteen something. I heard him
Speaker 20: say eighteen point five something of ketamine, and he seemed
Speaker 20: like he was kind of a new paramedic.
Speaker 7: But the other one knew me already.
Speaker 20: So once I hit the emergency room doors, I just
Speaker 20: remember passing out, of course, because it was medicine and
Speaker 20: an IV.
Speaker 17: But Tom, I seen my mother even.
Speaker 1: Okay, now, the crap out of Heather, Heather, hold on, Heather,
Speaker 1: I know you trust me, so I just have to
Speaker 1: say something. I'm going to say this upfront, so we
Speaker 1: so I don't make you go through this whole story.
Speaker 1: I want to just to say this. I want to say,
Speaker 1: for argument's sake, you're correct. They gave you ketamine and
Speaker 1: they thought that was appropriate for some reason, and it
Speaker 1: wasn't and you had a terrible reaction. Were you permanently
Speaker 1: injured from it?
Speaker 21: Yes?
Speaker 20: How my memory loss and my hands going them.
Speaker 21: Now all the time, I can't even work as a
Speaker 21: mechanic like I have for twenty one years.
Speaker 1: You're saying that one administration of ketamine destroyed your hands,
Speaker 1: It destroyed my life.
Speaker 21: Oft hit scared the.
Speaker 1: Crap out of me. Makes Yeah, But Heather, I don't
Speaker 1: know if that can happen. I don't know if anyone
Speaker 1: in the world would ever take a case like this.
Speaker 1: And first of all, it wouldn't be malpracticed because it's
Speaker 1: not outside of the standard of care. Okay, it's not.
Speaker 1: Let me explain what outside the standard of care would
Speaker 1: be giving you. I don't know, candy cane or something.
Speaker 1: What I'm saying is is that ketamine is not unheard
Speaker 1: of in these situations. And if it was a tool
Speaker 1: in their arsenal and a doctor said try ketamine, or
Speaker 1: they radioed the doctor said this whatever, and you happen
Speaker 1: to be someone who reacted badly to it, they aren't.
Speaker 1: That is not negligent. That is not necessarily malpractice. I
Speaker 1: shouldn't say it's not negligent. I don't know, and no
Speaker 1: one would know unless you really explore it. But all
Speaker 1: I'm saying is this, in addition to not only do
Speaker 1: you have to have someone acting wrong or outside the
Speaker 1: standard of care, there also has to be some kind
Speaker 1: of lasting damage. You're trying to make the case there is,
Speaker 1: But nowhere anywhere, anywhere have I seen one dose of
Speaker 1: ketamine that could cause this damage. So did a doctor
Speaker 1: ever tell you that one dose of ketamine could do
Speaker 1: this to you? No, that's another element you need to
Speaker 1: take action. You need a doctor to confirm that what
Speaker 1: they did cause this or could cause it. Uh, Heather,
Speaker 1: it could be that you're just having a terrible psychological
Speaker 1: reaction to this and it's affecting you. It's not necessarily
Speaker 1: something wrong with you physically. Is that possible?
Speaker 21: Yes, I understand.
Speaker 1: So how long ago did this happen, Heather? Two weeks
Speaker 1: ago and you hallucinated and saw your mom there are
Speaker 1: uh huh did you talk to her?
Speaker 21: I don't remember. I just remember being like I died
Speaker 21: and I.
Speaker 1: Seen Yeah, so that's what it felt like. Did you
Speaker 1: have Did you have nightmares after that? After that? Right now?
Speaker 1: Do you have nightmares about it? Yes?
Speaker 21: I can't sleep because my hands always go numb. Now,
Speaker 21: so I was like, I got to call my friend Tom.
Speaker 1: But do you think have you seen any doctors that
Speaker 1: about your hands going numb? No?
Speaker 21: I haven't yet. But I had to let go of
Speaker 21: my job and I I remember that day that I
Speaker 21: had got to Ketemy and I stayed in the emergency
Speaker 21: room for four hours, and the doctor wanted to give
Speaker 21: me more medicine for pain, and I said, no, I'm
Speaker 21: not comfortable with it. It's still coming off. And then
Speaker 21: no one came back to it removed my IV. So
Speaker 21: I've removed it my damn self. I said, you guys
Speaker 21: haven't given you warning. I'm gonna leave and if no
Speaker 21: one comes in here, I'm me taking with out myself.
Speaker 1: Came let me ask you do you have tingling your
Speaker 1: feet and legs as well or just your hands?
Speaker 21: No, just my hands?
Speaker 1: And do they go how often do they go numb?
Speaker 21: And I got every ten minutes.
Speaker 1: And this wasn't happening before.
Speaker 21: No, because I was working as a mechanic members at
Speaker 21: twenty one years.
Speaker 1: And you can't do that anymore.
Speaker 21: You can't do it anymore. I just remove my interurt.
Speaker 21: I can't even put my injury back together to my hands.
Speaker 1: Heather, I want to Heather, hold on. I want to
Speaker 1: try to get somebody on to talk about this. Tomorrow.
Speaker 1: It's too late to get someone on now. Hey, Kachina,
Speaker 1: can you make sure we have Heather's information? Please? Heather.
Speaker 1: The reason I want to get your information, I'd rather
Speaker 1: get an expert on rather than try to be an
Speaker 1: expert on this. I doubt ketamine could have done that
Speaker 1: to you, But we'll ask some people and then we'll
Speaker 1: maybe Deputy Doc has some people we can ask, or
Speaker 1: maybe he knows.
Speaker 21: And he also give me a horse lizer, like, what
Speaker 21: are you doing well?
Speaker 1: Jesus listen, ketamine has been used for a long time.
Speaker 1: It just hasn't been in the news. It's been used
Speaker 1: a long time.
Speaker 21: Used any of this medicine before, No, like the medicine
Speaker 21: in the book, but this one. You know why now, don't.
Speaker 1: I don't know if someone can have sensitivity to ketamine
Speaker 1: that would give them permanent damage to their nerves in
Speaker 1: their hands or something. When your hands go numb, do
Speaker 1: you get any kind of tingling and the rest of
Speaker 1: your arms?
Speaker 21: A little bit just on my wrist part. But see,
Speaker 21: I mean it's probably from working as a mechanic for
Speaker 21: all this time. I don't know. I don't know. I
Speaker 21: just wanted to. I know that the ketamine killed that kid,
Speaker 21: and I know that it's.
Speaker 1: A old I understand, but it doesn't it's not what
Speaker 1: you think. I mean. I'm not saying ketamine should be
Speaker 1: taken Willy Nilly but it's it's not a drug that
Speaker 1: stays with you. It really isn't hold on a sec
Speaker 1: h kitchina. Let's get her on tomorrow and try to
Speaker 1: get an expert. I'm Tom Martino. We got more coming up.
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Speaker 1: three nine two zero sixteen twenty two. Hi Tom Martine
Speaker 1: here by the way, STS transpert. We had that story.
Speaker 1: We did that thing yesterday about moving and storage and
Speaker 1: how that guy's stuff was didn't arrive, I must say,
Speaker 1: and I'll get into it tomorrow. But Scott Severs, the
Speaker 1: owner up there. I wrote to Jimmy so to speak,
Speaker 1: but I got a response from Scott saying We're taking
Speaker 1: care of this. That's what I want to tell you,
Speaker 1: and he says, we're going to be We're going to be.
Speaker 1: We're going to be running a few days late, but
Speaker 1: we're going to do it. I will get more into
Speaker 1: this tomorrow because I don't have time, but I did
Speaker 1: want to say I did hear from him sts transport
Speaker 1: we had on yesterday, and we're very upset they weren't
Speaker 1: talking about the problem. By the way, I also want
Speaker 1: to talk about our real estate guests today. So Frank
Speaker 1: Dran the realestate man dot Com and both Stephanie'll you'll
Speaker 1: talk to people, whether they want a list or not,
Speaker 1: just about what they can get for the house, what
Speaker 1: they'll get on the market. Frank, you do a complete
Speaker 1: analysis in writing on what they can do. Most definitely,
Speaker 1: I visit the property, walk through the property. We even
Speaker 1: do a zoom with him. So we talked through the
Speaker 1: whole process. Tom Now, Stephanie, I asked you, how long
Speaker 1: does it take you to get a house on the market,
Speaker 1: to do it and do it well?
Speaker 3: I would say a good week, and it's it's really
Speaker 3: photographer availability and a little bit of prep.
Speaker 1: Do you do videos too? I do? Okay, Frank, how long?
Speaker 1: Same thing, same thing? Absolutely?
Speaker 9: Yeah, yeah, we want to get all the best shots.
Speaker 1: And does it cost homeowners anything? Does it cost somebody
Speaker 1: wants to know does it cost to put a house
Speaker 1: on the market.
Speaker 9: We build it into our price and we only get
Speaker 9: paid upon closing, so we work up to you.
Speaker 1: Never asked for reimbursement if anything ever happens, Never have,
Speaker 1: never will Steph same.
Speaker 4: You know same. I My whole goal is to sell
Speaker 4: the house, so I work to sell it.
Speaker 1: Right, okay, guys, Frank Thrand the real estate Man dot
Speaker 1: com three oh three nine two zero sixteen twenty two,
Speaker 1: and then Stephanie's website seventy Thomas in the Spring, Stephanie
Speaker 1: r e dot com and seven to zero two six
Speaker 1: zero zero nine one eight. I'm Tom Martino. Don't forget
Speaker 1: to call three oh three Martino for help, information and referral.
Speaker 1: Save all your problems for me.