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IN THE DISTRICT COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING
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In the matter of: )STATE OF WASHINGTON, Plaintiff,
No. C-534232
v. ) FORREST BISHOP, Defendant.
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HEARING
January 5, 2005
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MR. SANTOS: Your Honor, the next one we have ready is Forrest Bishop.
THE COURT: Okay.
MR. SANTOS: Cause number C-534232.
THE COURT: Mr. Bishop?
MR. BISHOP: Yes. I'm here by special appearance only.
THE COURT: Okay. Just so I understand what you mean, what does that mean?
MR. BISHOP: Your Honor, the difference is a general appearance is -- for me a special general -- a general appearance is for normal appearances. Simple unqualified --
THE COURT: Is this not a normal appearance?
MR. BISHOP: -- and unrestricted. The latter -- special appearance is a submission to the jurisdiction for some specific purpose only.
THE COURT: Okay. Are you not wanting to submit, you are challenging the jurisdiction of the court?
MR. BISHOP: Yes, sir.
THE COURT: Okay. That's fine. For special appearance, okay, I understand. Go ahead and have a seat if you want. So Mr. Bishop, I've got to do the same thing I did with the other person. You're here without an attorney, or is that guy an attorney?
MR. BISHOP: He is counsel, yes.
THE COURT: Is he an attorney?
MR. BISHOP: He's assistance of counsel.
THE COURT: Okay. Are you a Washington State accredited in good standing attorney?
UNIDENTIFIED SPEAKER: No, sir, there is no such thing.
THE COURT: Okay, that's fine. You can sit there, you just can't say nothing.
UNIDENTIFIED SPEAKER: That's all right.
THE COURT: Okay.
UNIDENTIFIED SPEAKER: I understand my role as counsel.
THE COURT: Okay.
UNIDENTIFIED SPEAKER: And that's all I'll say.
THE COURT: Okay, all right. So Mr. Bishop, you have a right to an attorney. I just want to double check because I'm new into this case. You haven't had me
before.
MR. BISHOP: No, sir.
THE COURT: So, you've got to get a -- I've got to understand you and you've got to understand me. So I need to double check to make sure because you used to have an attorney according to the file, but you no longer have an attorney -- a Washington State Bar associated, I mean.
MR. BISHOP: Yes, I hired a Washington State Bar Association attorney.
THE COURT: Were you appointed one or did you hire one?
MR. BISHOP: I hired him and he misrepresented himself to me.
THE COURT: Okay. His name was what, just so I --
MR. BISHOP: Well, his name is Eric Sherman.
THE COURT: Okay. So it wasn't by appointment by the court or the office of public defense?
MR. BISHOP: No, sir. No.
THE COURT: Okay. Do you understand you do have a right to an attorney?
MR. BISHOP: I understand I have a right to assistance of counsel.
THE COURT: Do you understand you have a right to an attorney?
MR. BISHOP: I don't know where that phrase is.
THE COURT: Do you understand I'm telling you that now?
MR. BISHOP: I've looked for that statute and --
THE COURT: Okay. But do you understand you have a right to an attorney?
MR. BISHOP: No, sir. I understand --
THE COURT: You understand I'm telling you that now?
MR. BISHOP: I understand you're saying that.
THE COURT: Okay. That's all I need. Okay?
MR. BISHOP: Yes, sir. Uh-huh.
THE COURT: Okay. Do you understand, you know, if you can't afford one, one could be appointed to you at no expense to you if you qualify for one? Do you understand that?
MR. BISHOP: Yes, sir, I've heard that.
THE COURT: Okay. As long as you understand that. I mean, I'm advising you of that. Okay. Knowing that, do you still wish to go forward without one of those attorneys?
MR. BISHOP: I'm here to tell you, sir, that you don't have jurisdiction in this matter.
THE COURT: I understand. We already noted that. That's okay. Let me -- let me be up front with you, okay? You have a right to have your views, everybody does. You have a right to challenge the jurisdiction of the court. Everybody does, okay? You don't -- you don't care what I say, necessarily. You want the Supreme Court, because they're the ones that's going to decide this thing ultimately.
MR. BISHOP: Um-hum.
THE COURT: So, let's make it easy. Let's get what you're objecting to on the record so we preserve the record. Hey, go up and talk to the big boys.
MR. BISHOP: I'm considering that, sir.
THE COURT: Okay? So just so you know, if you've got objections I'll note it on the record so it's preserved.
MR. BISHOP: Um-hum.
THE COURT: So when you're done with me, I'm just a counter judge, you want the big boys. Okay? So hey, that's cool. All right? So we've got to get through this, okay, as quickly as we can.
MR. BISHOP: Um-hum.
THE COURT: So, that's how I'm going to proceed because, okay, I understand what you want to raise and things like that. I'm not here to -- you know, I'm going to disagree with some of your things. I might agree with some of your things. Okay? Whatever I decide, you want to go up, so we've got to preserve that. Which is fine by me and that's why the record. Okay? So, I've got to ask you certain things as a judge.
MR. BISHOP: Um-hum.
THE COURT: You can respond. I'm going to try and clarify so we can make the record because I've got to make sure from my perspective you understand things. Yeah?
MR. BISHOP: If I could interject one thing?
THE COURT: Sure.
MR. BISHOP: About 15 minutes worth of record has already been lost.
THE COURT: Okay. Yeah, take it up. I understand that -- I read that in your thing --
MR. BISHOP: You did?
THE COURT: -- the tape was missing and I don't know because I wasn't here. Okay?
MR. BISHOP: Uh-huh.
THE COURT: So, with regards to that, it's in the record. Some of the things that we -- so, let's move on from here. This is a pretrial. Okay? I'm saying it's a pretrial; you can disagree with that. That's okay.
MR. BISHOP: All right. I will disagree with that.
THE COURT: All right? So I've got to get some things done for us to get you upstairs. All right? So otherwise can't go upstairs. We get muddled down down
here and you want to change the law of the land so, okay.
MR. BISHOP: Actually, I can bring action in a federal court.
THE COURT: Okay. Go ahead and do that. Doesn't have to stop here .
MR. BISHOP: That's one avenue.
THE COURT: So, I'm here at a pretrial. It's my understanding you do not wish to go forward without an attorney. Is that correct?
MR. BISHOP: No, sir.
THE COURT: Okay. You want an attorney?
MR. BISHOP: I want assistance of counsel.
THE COURT: Okay.
MR. BISHOP: Not a representative.
THE COURT: That's okay. You want a public defense attorney?
MR. BISHOP: No, I want assistance.
THE COURT: Okay.
MR. BISHOP: I don't want to be represented.
THE COURT: You can go get the assistance all you want elsewhere. But in this courtroom, all you get is you or a Washington State certified bar member in good standing. Okay? You disagree with that, I understand. Okay?
MR. BISHOP: That sounds like another reason to pull jurisdiction.
THE COURT: That's okay. I'm not letting you but we've got it noted. You can take it up. If I get reversed you're right, I'm wrong. Fair enough.
MR. BISHOP: Fair enough.
THE COURT: Okay. So let's proceed. Okay? So I'm going to proceed that you don't want a Washington State counsel of record. Okay, where are we at? We've got to have a trial pretty soon. Let me see where the State's at.
MR. SANTOS: Well, Your Honor, at this point --
MR. BISHOP: Objection; he's not the State.
THE COURT: Okay. Understand. Note the objection; overruled. It's in your paperwork why you object to him representing the State, okay?
MR. BISHOP: Yes.
THE COURT: So we don't need to go too deep into it because it's already in the file. I've read it.
MR. BISHOP: Excellent.
THE COURT: Yeah.
MR. SANTOS: Your Honor, the State is prepared to move forward and set this for trial.
THE COURT: Okay. Now, is -- there's a number of motions that you had that -- this is a pretrial. I don't know whether or not we need a motions to handle some motions. They don't have any motions that I'm aware of. You got any motions? Okay, so they're ready for trial. You have filed some things, there are some motions in those things. So I don't know whether to set a motions hearing or just send you to trial and handle the motions just before trial. Okay? Do you want any input on that?
MR. BISHOP: You don't have jurisdiction.
THE COURT: Okay. So I'm going to do what I'm going to do. I'll tell you how it's easier, how we do this. Okay? Anything I decide -- anything I decide, I
will take what you have said so far as a running objection to whatever I decide because I don't have jurisdiction, that's your basic premise.
MR. BISHOP: All right.
THE COURT: Okay.
MR. BISHOP: So I don't have to keep interrupting and saying that over and over.
THE COURT: Yeah, yeah.
MR. BISHOP: Is the idea?
THE COURT: If the objection is based upon lack of jurisdiction.
MR. BISHOP: Yes, sir.
THE COURT: Okay? So I'll take that as a standing, running --
MR. BISHOP: That's the only reason I'm here.
THE COURT: Okay. Okay.
MR. BISHOP: Consider me --
THE COURT: So let me get -- let me get some of the logistical things down so that you can go contest that up --
MR. BISHOP: You can consider that I'm just repeating that over and over again like a broken record.
THE COURT: Okay. All right. That's okay with me, Mr. Bishop.
MR. BISHOP: Okay.
THE COURT: All right. So I do want to address some of the things so that hopefully I can just set it for trial.
MR. BISHOP: You mean this?
THE COURT: Yeah, okay? I might need some clarification, okay, and that's why I'm going to ask. But at least you know I've read through this, huh?
MR. BISHOP: That's great. That's terrific.
THE COURT: Okay. Now --
MR. BISHOP: There's some interesting little pieces of history in here, too, you might have noticed.
THE COURT: Yeah, there's a whole lot of stuff in here. State -- well, I've got to get a little picky here and I've got to ask a question, all right? There's a
number of documents that's been filed, but none of them bear your signature. So I don't know necessarily whether you submitted them.
MR. BISHOP: Uh-oh. And you know I know on the bill of particulars demand I forgot to sign that one.
THE COURT: Okay. There's some other stuff that I have.
MR. BISHOP: The affidavits should all have signatures.
THE COURT: Yeah. Maybe I just have working copies but even working copies I would have signatures.
MR. BISHOP: Okay, which ones are you talking about?
THE COURT: You want to take a look at what's in the file? Or will you adopt what's in the file?
MR. BISHOP: Let me see what you -- may I see?
THE COURT: Okay.
MR. BISHOP: You know, I know it's at least.
THE COURT: Go ahead and sit down and take it with you.
MR. BISHOP: This one is an affidavit which was affidavit of --
THE COURT: Did you sign it?
MR. BISHOP: You've got the original. There's me.
THE COURT: Okay. Go deeper.
MR. BISHOP: Okay.
THE COURT: There's some that are in there.
MR. BISHOP: The next one is your affidavit of service of notice, notice of color of law exposure.
THE COURT: Uh-huh. Is that signed?
MR. BISHOP: There's my autograph right there.
THE COURT: Okay. Somewhere in there I didn't see a signature. So keep going. I just want to make sure.
MR. BISHOP: Because you understand I have served Norm Maleng.
THE COURT: That's fine. It doesn't bother me.
MR. BISHOP: With a notice. That's just for your information.
THE COURT: Yeah.
MR. BISHOP: All right, so that's that.
THE COURT: It seems like this one came with some documents but there's no signature.
MR. BISHOP: That's lack of jurisdiction?
THE COURT: Yeah, that's with all this stuff. I don't know if you e-mailed it.
MR. BISHOP: No, that was faxed across -- that is actually not the right one. That's the earlier draft.
THE COURT: Okay. That's not for me. I didn't have to read this?
MR. BISHOP: That wasn't for you, no.
THE COURT: Okay, I'm not going to read it then.
MR. BISHOP: The one for you is --
THE COURT: That's okay, it should be in the files.
MR. BISHOP: All right. There's that, signed, sealed, delivered. Wait a minute. Yes.
THE COURT: Okay. As long as everything's signed then we'll make it part of the record.
MR. BISHOP: Still working on it.
THE COURT: And then, you know.
MR. BISHOP: Because I know I spaced off signing the bill of particulars. Oh, I did sign it.
THE COURT: Okay, sure, sure.
MR. BISHOP: I signed the one I stuck in here.
THE COURT: All right, we're good then. We're good to go.
MR. BISHOP: Demand for cease and desist order.
THE COURT: Okay.
MR. BISHOP: Well, that wasn't a --
THE COURT: Okay. Maybe that's what through me off. I had some unsigned.
MR. BISHOP: Some of those things I don't know exactly what I was doing, other times I spaced out.
THE COURT: Okay. Give me back the file and go sit down again and we can go forward. Okay, thanks. All right. Now, State -- now, one of the things that you raised Mr. Bishop, that I took note of, is one of your motions to compel to testify against yourself. Remember that -- that portion?
MR. BISHOP: Oh, um.
THE COURT: The physicals and the --
MR. BISHOP: Did you look at the header of that?
THE COURT: Um-hum.
MR. BISHOP: That's documents which may be made available. I wasn't sure at that time what I was going to do.
THE COURT: No, I just want to -- I took that as a motion to suppress compelling you to testify against yourself. Part of that was the physical sobriety test. At least it was contained in your motion. I'm going to rule on that so that the record is preserved.
MR. BISHOP: All right.
THE COURT: Okay? I'm going to rule that it was not a compelling of -- you weren't testifying against yourself if you did the physicals -- I don't even know if you did the physicals.
MR. BISHOP: No, sir, I didn't.
THE COURT: Okay. Well, then it's a moot point. Okay? Because it doesn't -- you didn't do it.
MR. BISHOP: No.
THE COURT: Okay, so I'll disregard that motion.
MR. BISHOP: But you -- you were saying you consider that?
THE COURT: On the physicals.
MR. BISHOP: That's not compelled testimony?
THE COURT: Well, you didn't do it.
MR. BISHOP: But if it had been it would still have not have been?
THE COURT: Well, I don't know. I don't have to rule on it because you didn't do it. Okay?
MR. BISHOP: Sorry.
THE COURT: I mean, I'm pretty straight forward on what we're doing. The alcohol evaluation, okay? Now that was a condition of your release if I understand correctly. The court had -- somewhere you were incarcerated and then the judge says, okay, I'm going to release you if you post bail or don't drink and don't drive for 30 days and go get an alcohol evaluation. In your documentation you talk about an alcohol evaluation upon arraignment constitutes compelled testimony. Quote unquote.
MR. BISHOP: That's my opinion.
THE COURT: No, no. That's okay. I looked at it. Me, I'm going to take that requirement off of you. As far as I'm concerned, you're not guilty yet. Okay? So that evaluation you don't have to do, let the doctor reply. Okay? Just so you know.
MR. BISHOP: Thank you for your judicial determination.
THE COURT: Yeah. Okay. But I saw it in here. Yeah, okay. And I think that's all I saw that, you know. Everything that you are motioning though, just so we're back on the same page, is contained in the file now. You looked through the file? That's your signature?
MR. BISHOP: No, sir. You're missing -- you're missing one.
THE COURT: Which one?
MR. BISHOP: You're missing this one.
THE COURT: What is that one?
MR. BISHOP: This is the one I filed two days ago.
THE COURT: Okay. What -- before you file it, what is it that it contains?
MR. BISHOP: This is the mandatory judicial notice, lack of jurisdiction.
THE COURT: I saw the notice one.
MR. BISHOP: Affidavit of judicial prejudice?
THE COURT: Okay. To me or to Judge Smith?
MR. BISHOP: Okay, we have two different things. There's the faxed version which I faxed to the prosecutor about a week ago, which is similar to this, it's more like a draft of this. This was filed into the record two days ago. Okay, and I actually didn't see that up at your desk just now.
THE COURT: Okay. Why don't you give that to my bailiff so she can hand stamp it.
MR. BISHOP: Well, it's already been --
THE COURT: Oh, it's already been filed. You have a copy?
MR. BISHOP: You can read this one.
THE COURT: Okay.
MR. BISHOP: I'm running short.
THE COURT: Okay. I'll get it back to you. I just want to -- I don't know what it says. I might have seen this one.
MR. BISHOP: He's got one. But that's kind of my working copy. Oh, no, I've got another.
THE COURT: It's kind of in the fax copy.
MR. BISHOP: This is the one that --
THE COURT: It's in the fax copy one.
MR. BISHOP: That's a different --
THE COURT: That's different?
MR. BISHOP: That's a different.
THE COURT: No, it's the same thing. No personal jurisdiction, your loss of violations, loss of record.
MR. BISHOP: It's been added to. There's more.
THE COURT: There's more?
MR. BISHOP: It's a bigger, beefier one on the one that was filed.
THE COURT: Okay. Well, let me just do this. I'm going to have you take a look at this one because I've read through most of it.
MR. BISHOP: Oh, I'm sorry, this is the same one. This is the same one.
THE COURT: Yeah. Okay. So if it's the same one then okay.
MR. BISHOP: Let me just double check.
THE COURT: All right. That's the one I said wasn't signed and then you said, oh, it was faxed to the prosecutor or someone.
MR. BISHOP: No, I didn't fax that. But this is the right one.
THE COURT: Okay.
MR. BISHOP: Okay. I'm sorry.
THE COURT: That's okay, that's okay.
MR. BISHOP: I don't know what this one is.
THE COURT: That's all right. Well, this -- maybe it's floating around, I don't know, but I'll add this as in the file. Okay? The only thing I'm going to ask you to do on this --
MR. BISHOP: But you do have one of these though?
THE COURT: I don't know.
MR. BISHOP: Somewhere.
THE COURT: Okay. Why don't you, just in case, if it's okay with you, I'm going to have you sign this copy so in case the other one gets lost we got that in this file. Right.
MR. BISHOP: Okay. I'm more than happy to give you as many copies as you would like to have.
THE COURT: That's okay. I've got the file. Okay, so that's your signature. Okay? All right.
MR. BISHOP: Here are some things that were actually in a different file that you just handed me.
THE COURT: Okay. Okay. Sit back down.
MR. BISHOP: Yes.
THE COURT: Okay. Now let me try and handle them real quick so we make the record because this is part of the file now, okay?
MR. BISHOP: Yes, sir.
THE COURT: All right. So no personal jurisdiction challenge; denied. Fraud upon the court, prosecutor's contempt; denied. Okay.
MR. BISHOP: What was that?
THE COURT: The prosecutor's fraud.
MR. BISHOP: In default? Yes.
THE COURT: Yeah. No. 3, just so you can follow if you need to. Deprivation of rights in the color of law, that's Judge Smith. I have no idea. Not the appropriate forum but it's noted, okay? I mean I don't -- I don't do that stuff. No. 4, failure to inform nature and cause of accusation. This -- now, this has to do with the demand for a bill of particulars. State, did you turn over a bill of particulars?
MR. SANTOS: Your Honor, I do have a written response here that I'll provide to the defendant.
THE COURT: Okay.
MR. SANTOS: At this time the State is objecting to the demand for a bill of particulars and ask that it be set for a motion.
THE COURT: Beyond this.
MR. SANTOS: Correct, Your Honor.
THE COURT: Okay. So they're kind of objecting to your request for a bill of particulars request. Okay? Before you go there, you know, okay -- give me an offer of proof, I mean, why won't you give a bill of particulars?
MR. SANTOS: At this time, Your Honor, we have provided to the defendant all our discovery materials and all the evidence that the State plans to rely on once this does go to trial. If, in fact, the defendant needs more information, we ask that this be set for a hearing date for motion.
THE COURT: Okay. So if I understand you're -- if I understand you correctly, then basically you're saying you complied with a bill of particulars.
MR. SANTOS: That's correct, Your Honor.
THE COURT: And where you're objecting to then is beyond the scope of what you've already provided. That's in the motion.
MR. SANTOS: That's correct.
THE COURT: Okay. That's different from you didn't provide one and you're objecting to a bill of particulars. You've complied with, sufficiently from your point of view, the bill of particulars.
MR. SANTOS: That's -- that's correct, Your Honor.
THE COURT: According to the rules of the court.
MR. SANTOS: That's correct.
THE COURT: Okay.
MR. SANTOS: We're objecting to any additional information that they're asking.
THE COURT: Okay. All right. So, do you understand, Mr. Bishop -- I kind of clarify because I was even kind of not sure there. So they're saying they complied with the bill of particulars by everything that they have provided to you so far. Okay? Is there anything other than what's contained in your motion that you have not received? Is this everything?
MR. BISHOP: I need a moment, sir.
THE COURT: Okay.
MR. BISHOP: I need a moment to think here.
THE COURT: Why do you need a moment?
MR. BISHOP: I need a moment to think here.
THE COURT: Okay. You got half a moment.
MR. BISHOP: For example, one of the simple -- simple basic things I asked him for was a dated complaint. There's no date on it.
THE COURT: Okay. It doesn't -- you don't need it.
MR. BISHOP: I do.
THE COURT: It's beyond the scope. Hey, you need a lot of things but you ain't going to get it. But okay, I understand that's what you wanted.
MR. BISHOP: Yes, that's a good point. For the record, I would like to -- Mr. Santos here has included all inculpatory as well as exculpatory evidence that he has.
THE COURT: Okay.
MR. BISHOP: Is that correct?
THE COURT: That's my understanding.
MR. BISHOP: That's my understanding.
MR. SANTOS: All that the State plans to are rely on.
THE COURT: That they're aware of, yeah. Okay? So everything -- let me ask you again, Mr. Bishop.
MR. BISHOP: Thank you.
THE COURT: Everything else is contained in your motion that you submitted to the court?
MR. BISHOP: I didn't realize I was submitting a motion.
THE COURT: Well, that's why you get a lawyer because then you know what you're doing.
MR. BISHOP: Yeah, I know.
THE COURT: Okay. So, just so you know and the record's straight, okay, the best I can tell at this point in time, your further request for a larger bill of particulars than that as has already been provided is denied. Okay? So we got a record. Okay?
MR. BISHOP: Are you denying it?
THE COURT: Yeah. Well, you've got to appeal something and that's me denying it.
MR. BISHOP: Did you see it?
THE COURT: Yeah.
MR. BISHOP: Can I object to the denying -- to the fact that he hasn't provided me with absolutely no information?
THE COURT: Understand and it's contained in your motion right?
MR. BISHOP: That's a very good question.
THE COURT: That's how we're getting through this thing. It's in the record. Remember, you've got to go upstairs and they'll take a look at it and hey, okay.
MR. BISHOP: Okay. Assuming the record is going to get here.
THE COURT: Okay. Then No. 5, the no assistance of counsel. You say, I do not waive my alleged right to assistance of counsel at any time. So I asked you earlier whether or not you wanted an attorney of good standing in the state of Washington and you said, no. I took your not asking for one as a no. You understood my question, so.
MR. BISHOP: No, I would like assistance of counsel.
THE COURT: Okay. Now, your definition of assistance of counsel is different from mine. Just so we understand where we're deferring here, okay? So, I think I adequately covered it. Do you want a public defender?
MR. BISHOP: Absolutely not unless he's willing to sign a contract for undivided --
THE COURT: Okay, okay. Understand, understand. That's in here. You know, they didn't want to sign the contract so you wouldn't -- didn't want them.
MR. BISHOP: Okay, that's it.
THE COURT: So I understand that's your basis. I'm making a finding that the court has covered that ground with you. Up to you, you didn't want to do it. Hey, okay. Now, we get to some of the judicial notices. Okay? Hey, I'm with you on following the constitution of the State of Washington and the United States. Okay? So I'll take judicial notice of the United States
Constitution. Okay? So I'm with you on that. Judicial notice of public manifestation of discrimination, I won't take judicial notice of that. I'll keep my eye open, but I won't take judicial notice.
MR. BISHOP: Sir, I --
THE COURT: I'm just ruling. You don't need to explain because it's already explained in here. Okay? Let me get through these. Okay. The -- you know, on this gap that you're talking about on the tape or whatever?
MR. BISHOP: Yeah.
THE COURT: Hey, I don't know. What I would need is a little bit more on the writ in front of you on why that particular gap in there -- because you were there, I wasn't there -- why it is germane to any of your motions. Okay? So get that submitted in writing.
MR. BISHOP: Okay.
THE COURT: All right.
MR. BISHOP: I can reconstruct it. I have the tapes.
THE COURT: I don't want it reconstructed now. I need it in writing so that if I say no, someone upstairs can review it. Okay. The laws of nature -- you want me to take judicial notice of laws of nature are constant. Now, I don't know that. So I'm not going to take judicial notice. To me, the laws of nature may not be constant.
MR. BISHOP: All right.
THE COURT: It may be fluctuating all the time. Okay? Exceeding statutory authority. I don't think I am; that's denied. Quoronto eight.
MR. BISHOP: I have not seen any.
THE COURT: That's okay. Go downtown and ask. No. 9, pay the state claim upon relief can be granted is denied. Okay, so I covered all your motions. Is there a 10? There's only nine, right?
MR. BISHOP: So you're just going to deny the nine?
THE COURT: Yeah, we made a record. So you can go up and they can say I'm wrong or I'm right. Okay?
MR. BISHOP: All right.
THE COURT: Okay. All right. Now, we're going to go to trial and the trial -- it's got to be quick. It's not going to be here, the best I can tell. Because right now --
MR. BISHOP: Why does it have to be quick?
THE COURT: Because the only -- the speedy trial waiver, the end date is the 19th of this month.
MR. SANTOS: Actually, my understanding is March 2nd.
THE COURT: Did you do a waiver until March 2nd?
MR. SANTOS: According to the arrest warrant.
THE COURT: Okay, I don't see one in the file. There's no docket entry to that effect.
MR. BISHOP: I did sign that, yes.
THE COURT: Okay. Then that would put -- who signed it and when did you sign it?
MR. SANTOS: It was signed at the last pretrial on December 2nd, Your Honor.
THE COURT: Yeah, you got a copy?
MR. SANTOS: I don't have a copy, I just have a note -- notation in my file.
THE COURT: Mr. Bishop, do you have any problems -- you say you signed it before?
MR. BISHOP: Yes, sir -- yes, sir, I did.
THE COURT: Do you want to do another one to the same date and we'll get a hard copy in the file?
MR. BISHOP: Sure.
THE COURT: Okay. So State, why don't you prepare one and then if it's agreeable to you, and you know, because I don't have it in the file. I don't have it in the docket showing that that happened.
THE CLERK: It's in the docket.
THE COURT: Oh, it is in the docket?
THE CLERK: Yeah. On 12/2.
THE COURT: 12/2. Okay, I don't have a hard copy or at least I didn't find one. So, just in case, we'll do a hard copy and reimmortalize it.
MR. BISHOP: Are you going to prepare findings of fact and conclusions of law to support your denials?
THE COURT: No, because we have a record of it.
MR. BISHOP: Uh-huh.
THE COURT: So those are my rulings.
MR. BISHOP: Okay.
THE COURT: And they're based upon arguments, your arguments that are contained in the files that I read.
MR. BISHOP: Um-hum.
THE COURT: Okay? So the record is there for them to say I was wrong. Okay?
MR. BISHOP: Thank you, sir.
THE COURT: Uh-huh.
MR. SANTOS: So is it the court's intention, Your Honor, to enter a pretrial order today to set it for trial?
THE COURT: Yes, if you got one ready. We can just hold all motions to the time of trial, none that I haven't covered today.
MR. BISHOP: There's a considerable amount of discovery I'll need to do.
THE COURT: What -- what do you need? Because I'm about to set the trial so I need to time it depending upon, you know, what it is you need. I don't know. Get you your day in court. Now, did you still want a jury or do you want a bench trial?
MR. BISHOP: See, I wasn't even expecting -- I can't believe it's still going on, sir.
THE COURT: I understand.
MR. BISHOP: And so I wasn't prepared.
THE COURT: What can we say other than we've got to go through the process.
MR. BISHOP: Yes, sir. I wasn't prepared for this outcome. I can't believe it's still going on.
THE COURT: Okay.
MR. BISHOP: So I -- so the --
THE COURT: Do you want a jury trial or do you want a bench trial?
MR. BISHOP: I want a trial by a jury of my peers with a grand jury indictment.
THE COURT: Okay, you don't get the grand jury indictment because I don't have the power to give that to you.
MR. BISHOP: The plea I made is void in the first place.
THE COURT: I understand that. We have that running objection.
MR. BISHOP: It's void.
THE COURT: Yeah. Understand.
MR. BISHOP: Okay.
THE COURT: Let me ask -- let me try this on you. Okay? Now, a lot of the things that you are raising are -- some people can say they're scholarly, legal, you know, legal questions, right?
MR. BISHOP: Yes, sir.
THE COURT: Okay. And you disagree with my legal determinations, basically.
MR. BISHOP: Some of them.
THE COURT: Okay.
MR. BISHOP: Not all of them.
THE COURT: Okay. So, you don't need a trial by jury because you're saying I'm wrong from a legal standpoint. So let's get it going up to the Supreme Court quicker. Do a bench trial, then it goes right away, rather than a jury trial which will take longer. Up to you.
MR. BISHOP: Okay.
THE COURT: I'm just saying, everything you're challenging me on are legal premises.
MR. BISHOP: Right.
THE COURT: Yeah. And if I'm wrong then, okay, it will come back down, you know. That's the pretrial order.
MR. BISHOP: But by signing this, aren't I admitting jurisdiction?
THE COURT: No, you can do it reserve like you say. I'll take it as reserve. Remember me -- at least with me you've got a standing objection reserve. You're not submitting to the jurisdiction of this court because you object to the jurisdiction of the court and the ruling of this court. I understand. It's a standing objection.
MR. BISHOP: Is that true -- work?
THE COURT: Ask him? Go ahead.
MR. BISHOP: I've never heard of that.
THE COURT: Makes sense, right? Otherwise we got to stop every time.
MR. BISHOP: Well, it's sort of this back to this quantum super position thing, you know.
THE COURT: Well, I know, but I've got to find out -- you've got to find out if I'm wrong in my ruling. Right? And you've got to go to the Supreme Court to figure that one out, right?
MR. BISHOP: Actually, federal court.
THE COURT: Yeah, or federal court.
MR. BISHOP: Federal court because you know what I think we can do?
THE COURT: But let's get through here. I've got a bunch of people waiting. They want me to get to their thing. So let's make the record, get you going. You got your legal issues on record.
MR. BISHOP: And you understand that that is a running objection?
THE COURT: Yes, that's what I've said. It's a running objection.
MR. BISHOP: (Inaudible.)
THE COURT: Yeah, you can put that down.
MR. BISHOP: That's just not quite sinking in for me.
THE COURT: That's okay. I know, it's hard because I'm asking you to trust me, right?
MR. BISHOP: Mark Chow, and you have an oath of office on file?
THE COURT: Yeah, okay. Go ahead and trust me or don't trust me.
MR. BISHOP: You're a real live judge?
THE COURT: You don't have to sign it. Yeah, I'm a real live judge.
MR. BISHOP: Honest?
THE COURT: Yeah, 14 years.
MR. BISHOP: All right, I'll sign it. Fourteen years?
THE COURT: Yeah. I was even born in Seattle. I was, south end. Can't you tell?
MR. BISHOP: So we're having the motions the same date of trial?
THE COURT: Yeah. Why have everybody come twice?
MR. BISHOP: Okay, okay.
THE COURT: Because I handled most of your motions already.
MR. BISHOP: There's a whole bunch of motions I was considering but I wasn't thinking that we were going to be into this kind of a state. I didn't think there was such an unusual state --
THE COURT: That's okay. That's all right.
MR. BISHOP: -- in existence.
THE COURT: It's okay.
MR. BISHOP: But Judge Chow has decreed that there is -- there is this state of running objection to the jurisdiction.
THE COURT: Yes, to the jurisdiction, yep. I accept that, yep.
MR. BISHOP: And to make the record.
THE COURT: All right.
MR. BISHOP: Maybe I should get that in writing.
THE COURT: No, it's on the record.
MR. BISHOP: I'm talking to myself, excuse me.
THE COURT: That's okay. Just sign it if you want to and we'll move on.
MR. BISHOP: All right. I could also make interlocutory motions in the mean time.
THE COURT: Yeah, hey, do what you want outside of this court.
MR. BISHOP: No, I mean --
THE COURT: Interlocutories you go to another court.
MR. BISHOP: So what am I signing, defendant here? Well, I'm not the defendant so I can't sign there.
THE COURT: I'll tell you what. Okay. Why don't you object to that, the whole document and everything on it. Okay? Just sign it as an acknowledge of receiving a copy --
MR. BISHOP: Thereof.
THE COURT: And I'll overrule you.
MR. BISHOP: Okay.
THE COURT: Then you've got that preserved.
MR. BISHOP: All right.
THE COURT: Okay?
MR. BISHOP: Yes, sir. So I would sign these pages, page 2 of two. No, I'm signing as -- say that again.
THE COURT: You're just signing as a receipt. You're not signing as agreed. That's basically what I said.
UNIDENTIFIED SPEAKER: And you've not set a date yet?
THE COURT: No, not yet. I've got to wait for the pretrial order and I've got to see what it says.
UNIDENTIFIED SPEAKER: I don't mean to be out of turn.
THE COURT: That's okay. Don't even say anything more. Just watch and whisper.
MR. BISHOP: All right and over here it says the same thing.
MR. SANTOS: Your Honor, for the record, I am handing over to Mr. Bishop his plea offer recommendation from the State.
THE COURT: Okay. You acknowledge receipt of that, Mr. Bishop? That plea offer piece of paper? Did you get it? You can read it later.
MR. BISHOP: Yes, sir, I got it.
THE COURT: Okay. That's all I need. Okay. Hey, you finished signing the pretrial order, go read that later. Okay? Counsel? He signed.
MR. SANTOS: Thank you.
MR. BISHOP: Do I get copies?
THE COURT: Yeah, I'm going to get you a copy. Hold on a second, let me just look at it. Okay. There's some things I've got to cover though with you.
MR. BISHOP: Okay.
THE COURT: All right? Oh, I got both things. Okay. I've still got to cover it, but let me look at the pretrial order. Now I have two kinds of documents that were handed up to me. One is the pretrial order, and you'll get a copy of this. Okay? Because it's carbon copy and you get a copy. The other one you and I have to talk about because I've got to make sure as the judge that you understand everything and that's the waiver here, right to a time of trial. Okay? Now, it shows that, I understand that the new time for trial expiration date is 3/2/2005. Is that your understanding?
MR. BISHOP: Yes, sir.
THE COURT: Okay. Did you have any difficulty reading this waiver at all?
MR. BISHOP: No, sir.
THE COURT: Okay. And do you want some more time to talk to an attorney about this waiver?
MR. BISHOP: That's a really good question, sir.
THE COURT: Well, I try and ask good ones. Now, you haven't talked to an attorney before. Did you talk to an attorney on the previous waivers?
MR. BISHOP: No.
THE COURT: Okay, do you need it now?
MR. BISHOP: No, sir.
THE COURT: Okay. So do you want to talk to an attorney before any further about this waiver?
MR. BISHOP: About that waiver?
THE COURT: This waiver?
MR. BISHOP: No, sir.
THE COURT: Okay. And is that your signature on there?
MR. BISHOP: Yes, sir.
THE COURT: You voluntarily want to do it this way, waive until that time?
MR. BISHOP: I'd prefer to waive it for --
THE COURT: -- forever, I understand. But no one has put a gun to your head or put you under duress, in terms of this 3/2/2005 date?
MR. BISHOP: No, sir.
THE COURT: Okay, other than your running objection.
MR. BISHOP: My running objections.
THE COURT: Yeah, other than that, okay. And you know what you're doing on that waiver -- on this waiver of speedy trial to the date certain?
MR. BISHOP: Um-hum.
THE COURT: To the end date. Do you have any questions about it?
MR. BISHOP: To the end date? What do you mean?
THE COURT: Well, you have to be brought to trial right now according to this waiver.
MR. BISHOP: Uh-huh.
THE COURT: On or before 3/2/2005.
MR. BISHOP: Okay. Because you just gave me -- I thought you were meaning when somebody gets convicted of something --
THE COURT: No, you're not convicted, bring you to trial. You can't just have the state hold this over your head forever. Right? So hey, we've got to get this resolved by 3/2/2005. Is that your understanding?
MR. BISHOP: I -- the previous question I have no answer for. But I understand what you -- yes.
THE COURT: Okay. Do you have any questions about the waiver?
MR. BISHOP: No, sir.
THE COURT: Okay. Court accepts the waiver.
MR. BISHOP: I do have a question, sir.
THE COURT: Uh-huh.
MR. BISHOP: I have a question on this.
THE COURT: Which one?
MR. BISHOP: Condition -- condition No. 1 and they're not numbered. Defendant will serve one day/months.
THE COURT: That's a recommendation.
MR. BISHOP: One day or one month?
THE COURT: If you're convicted.
MR. BISHOP: A day or a month?
THE COURT: I don't know. Talk to them later. That's not a question over me.
MR. BISHOP: Oh, this is not a -- what is this?
THE COURT: That's just an offer. You know, you don't have to accept it.
MR. BISHOP: All right.
THE COURT: Okay. So, let me ask you again. All right, think about this. Okay? The things that you're challenging, everything, I understand where you're coming from.
MR. BISHOP: Um-hum.
THE COURT: Okay? I'm just trying to be logistically expedient for both what you want and the criminal justice system. So if you don't need a jury, then let's get a jury waiver. Get you in front of a bench trial, get the trial -- get the factual things done. If you're not convicted, you're not convicted. If you are convicted, hey, you can take it up and get those legal issues decided. Yeah?
MR. BISHOP: Who would the judge be?
THE COURT: The assigned judge. I don't know. It would either be Judge Smith or me.
MR. BISHOP: I don't think Judge Smith likes me.
THE COURT: I don't know. You know, one way or the other. Hey, I'll do it if you want me to do it.
MR. BISHOP: You don't think I should waive my right to a jury trial?
THE COURT: Up to you. I'm just checking with you because everything you've been telling me are legal issues.
MR. BISHOP: Um-hum.
THE COURT: They're legal issues, pretty much. Your standing objection is a legal issue, whether I have jurisdiction. Yeah?
MR. BISHOP: Can a judge overrule a jury's verdict?
THE COURT: Yeah. Yeah.
MR. BISHOP: Then it's -- then it's pointless to have a jury trial, isn't it?
THE COURT: No, it's up to you. Nothing is pointless.
MR. BISHOP: If a jury's verdict can be overruled, it's as if they were never there.
THE COURT: Well, that's your opinion. Now don't get me wrong, I understand opinion versus a rule. You asked me whether a judge can, and by rule, yes, I can. So, hey, does that help you?
Do you want to waive the jury trial and just do the bench trial?MR. BISHOP: If it's you, yeah. I like that.
THE COURT: Okay. If it's me. I don't know if I can do that? Do I have criminal trials out here?
THE CLERK: Yeah.
THE COURT: Bench trials?
THE CLERK: Yeah.
THE COURT: Okay. All right. Okay, we'll do a bench trial.
MR. BISHOP: On the second?
THE COURT: On the second? I don't know. When can I set one?
THE CLERK: And do look at the when the trooper is in.
THE COURT: Okay. I'm trying to look for everybody's convenience.
THE CLERK: It could be on Friday afternoons?
THE COURT: Huh?
THE CLERK: It could be on Friday afternoons or --
THE COURT: Okay. Friday afternoons.
MR. SANTOS: That's fine, Your Honor, for the State.
THE COURT: Okay, do you have a waiver of jury trial there? Let's get that in writing.
MR. SANTOS: I'm not sure we have one over here, Your Honor. Oh, we do.
THE COURT: Okay. Now, this is kind of hitting you kind of new.
MR. BISHOP: I'm sorry?
THE COURT: This waiver of a jury trial. Are you comfortable doing that right now or do you want a few minutes to think about it and I'll handle somebody else and get that going.
MR. BISHOP: No, I see -- I heard your logic and I agree with it.
THE COURT: Okay. All right. So as soon as he fills that out, take a look at it. If you agree with it, sign it. Now, let me tell you -- let me tell you, okay, once you waive your jury trial, okay, you can't be changing your mind. All right? Okay. I just want to make sure, you know, if you need some time to think about it --
MR. BISHOP: No, that's all right.
THE COURT: I'll take a recess for this case and take someone else.
MR. BISHOP: No, because you told me that the judge can overrule so the jury trial is meaningless.
THE COURT: Yeah, a judge can set aside a jury verdict notwithstanding the jury verdict.
MR. BISHOP: So it's --
THE COURT: You're right. It's up to you. But it's totally up to you.
MR. BISHOP: May I date this?
THE COURT: Yes, go ahead.
MR. SANTOS: Your Honor, for purposes of proceeding and going to trial that is -- is the defendant required to sign a waiver of attorney for an attorney so
that --
THE COURT: Well, I'm going to ask him again, you know, and the record's being made. I don't know if we want to get that deep into it. I've explained to him what an attorney is. He has a different definition, I believe, of what counsel -- assistance of counsel is.
MR. BISHOP: Also I object. I'm not the defendant.
THE COURT: On what?
MR. BISHOP: I object. I am not the defendant.
THE COURT: Okay. Objection noted.
MR. SANTOS: And it's merely just to clarify from the State's side to know where exactly to direct any correspondence or responses. We should go ahead and just --
THE COURT: Same place.
MR. SANTOS: -- send it to the defendant as if he's --
THE COURT: Yeah, pro se.
MR. SANTOS: -- pro se.
THE COURT: Yeah. Okay, I need the waiver, Mr. Santos.
MR. SANTOS: Sorry.
THE COURT: Let me get through this, counsel. That's okay. All right.
MR. BISHOP: Your Honor, I object to being called pro se. It's kind of -- I'm not pro se.
THE COURT: It's Latin.
MR. BISHOP: Yes, sir. It means -- it means you're wearing this mask, this persona. You're this person representing this person.
THE COURT: But you're not even here because you're objecting to being here.
MR. BISHOP: Good point. Yes, sir. I am not even here.
THE COURT: So it shouldn't matter.
MR. BISHOP: Okay.
THE COURT: Okay. So, I have here a waiver of your right to a jury trial. Did you take the opportunity to read through it?
MR. BISHOP: Yes, sir.
THE COURT: Okay. Did you have any difficulty reading through it?
MR. BISHOP: No, sir.
THE COURT: Okay. Do you need time to talk to an attorney that is in good standing with the Washington State Bar Association? Do you want to take time to do that?
MR. BISHOP: At this moment, no.
THE COURT: Yeah. Okay. You understand you can't change your mind later, this is it?
MR. BISHOP: Yes, sir.
THE COURT: Okay. And is that your signature on there?
MR. BISHOP: It's my autograph, sir.
THE COURT: It's your autograph with the standing objection that we still have going.
MR. BISHOP: It's still going.
THE COURT: Okay. You voluntarily want to do it that way?
MR. BISHOP: Yes, sir.
THE COURT: Know what you're doing?
MR. BISHOP: Does anyone really?
THE COURT: Well, I tell -- I tell my kids I always know what I'm doing but, you know, I've got to ask you that.
MR. BISHOP: To the best of my knowledge.
THE COURT: Okay, the best of your knowledge is good enough for me.
MR. BISHOP: All right.
THE COURT: Okay. Is there any reason why I should not accept this waiver?
MR. BISHOP: No, sir.
THE COURT: Court accepts it. Okay? So we're going to set it for a -- is he going to get a date today?
THE CLERK: I have a date for him right now.
THE COURT: We got a date. Let's see if that works.
THE CLERK: February 11th at 1:30 in this courtroom.
THE COURT: February 11th, 1:30 here.
THE CLERK: That's a Friday.
THE COURT: That's not a playoff time is it? Just kidding. Just add some humor here. It's getting late. The 11th at 1:30. Mr. Bishop?
MR. BISHOP: Yes, that's fine.
THE COURT: Okay. All right. Having no objections, so ordered. Okay, we're going to get you a copy of your notice in hand so you have that in hand and you don't have to worry about the mails. Okay? And then you'll be out the door and I'll see you February 11th.
MR. BISHOP: All right.
THE COURT: Okay.
MR. BISHOP: I guess.
THE COURT: Oh, let's get you a copy of the pretrial order in case I, you know. Mr. Santos. Can you, and then they're done. Okay, give him a copy.
THE CLERK: Do you want me to give him a copy?
THE COURT: Yeah, he needs that for his file. Okay, that's your copy of the pretrial order. My clerk bailiff is going to give you a copy of that speedy trial waiver, so you have a hard copy that you signed today. And then your notice.
MR. BISHOP: Excuse me, sorry.
THE COURT: All right. Good luck to you. I'll see you February 11th, Mr. Bishop.
(Whereupon the proceedings concluded.)