Full transcript
0:00secured Mr. Statman Services to do a
0:02substance abuse assessment. We
0:04understood from what you said from the
0:06bench last time that you want to read
0:09the assessment prior to making any form
0:11of a bond reduction. The jail was asking
0:14an order for remote participation for an
0:16order from this court. I did attempt to
0:19send proposed orders to the court, but
0:21there is an issue apparently with my
0:23emails
0:24and not just being received through this
0:26court. So, I will correct that
0:27immediately.
0:29I don't believe that I printed a copy
0:30today. I believe you have one
0:31electronically. If you're willing to
0:34hear
0:35>> Yeah. I
0:37Back up a little bit, counsel. You sent
0:39an order to the court today?
0:41>> No.
0:43Yesterday and I had also sent a request
0:46for remote hearing on Monday, but I
0:48showed Ms. Wielding my emails. My emails
0:51were sent. They were not received. I did
0:53have a hack event last week through one
0:56of my email accounts. It was a party
0:58invitation that was not a real party
1:00invitation. I never should have clicked
1:02on.
1:03I thought I had a real party invitation.
1:07I never should have clicked on.
1:08I thought I had secured the emails, but
1:12you know, I believe Ms. Wielding didn't
1:14I didn't get a bounce back. So, I'll
1:16have to correct that issue. But I wanted
1:19to make you aware that I've attempted
1:20some
1:21checks.
1:22>> And then you've indicated that you filed
1:24an emergency motion.
1:26>> I did a bond motion, Your Honor.
1:28>> Not this one?
1:29>> Yes, it is.
1:30>> I don't know.
1:32I mean, it puts it in your hand.
1:34>> This one?
1:35>> Yes.
1:42>> Well,
1:43I don't mind.
1:49I take it, Mr. Cook, that's why you are
1:51here today.
1:52>> Yes, Your Honor. I'm here for a
1:53pre-trial. Pre-trial is also a bond
1:56review hearing. I was served a copy of
1:58that motion this morning. I was able to
1:59read through it. Most all the
2:01information in the motion I believe was
2:03already placed on the record. So, I was
2:04already aware of all of the first time
2:05written and on most of the court wants a
2:07response. I'm fine with doing that
2:09hearing today if the court's inclined
2:11to. So.
2:12>> All right.
2:13I'll go ahead, counsel.
2:15>> And my thought would be
2:17as the court indicated previously, we
2:19want to see substance testing.
2:20Obviously, Ms. Henderson has this other
2:22DUI case, the out-of-county with its
2:23life case, uh as well as the criminal
2:26malicious destruction matter. My concern
2:29is making sure that she gets substance
2:31abuse counseling and from what I'm
2:33hearing, it sounds like that being done
2:35in custody is creating additional
2:38hurdles.
2:39I don't know. I have spoke briefly
2:42uh even with Agent Polara. She indicated
2:43she may have a different individual who
2:45could do a substance abuse testing in
2:46custody. I'm not sure if that would be
2:47faster than for Mr. Staton to do a
2:50remote uh hearing with this defendant.
2:54I think I'm free on that, but I want to
2:56make sure that whatever way we
2:57go forward
2:59we go expeditiously to get her started
3:01with that counseling as soon as we can.
3:03Obviously,
3:06I think as the court indicated, I don't
3:08know if it was last time or the first
3:09time that this case was up.
3:11There's some pretty serious health
3:12concerns for this defendant if she were
3:14released and concerns about what she
3:15might do to herself with her substance
3:17abuse and whether or not she might harm
3:19or kill herself or someone else in the
3:22process of that substance abuse. So, I
3:24just want to make sure that we are
3:25addressing that adequately before
3:28release.
3:29And I would be fine with whatever method
3:31that is, whether it's with Mr. Staton or
3:32with the individual Agent Polara stated.
3:35I'm happy to do whatever legwork I need
3:36to do to make that go faster. If there's
3:38an order for that remote counseling, I
3:40have no objection to that order, but I
3:42want to make sure that we're doing that
3:43before I consider release.
3:46>> May I respond?
3:47>> Go ahead.
3:47>> Thank you.
3:48Um so, the the issue with the time is
3:52that Ms. Henderson, unlike uh some of
3:55the indigent defendants I've
3:56represented, actually has some excellent
3:59resources that she can use. And they are
4:02I'm sure that your honor has heard this,
4:04but I would like to emphasize this. Now,
4:07Ms. Henderson, it it is alleged that she
4:10has an issue that is uh with alcohol,
4:13and we know that alcohol withdrawal
4:17alcohol, although she's been
4:19incarcerated for more than 30 days, we
4:21know that there were physical effects
4:23and psychological effects that go along
4:25with getting rid of that addiction. Um
4:28the type of position that Ms. Henderson
4:32has allows her to go in without there
4:36being any harm to the job that she's
4:38held, which supports herself and her
4:40daughter. Um she will be indigent if she
4:43doesn't have another form of work or
4:45full-time employment, and it is very
4:47difficult when you're facing felony
4:49charges to be able to find employment,
4:52as I'm sure this court is aware. Now,
4:54this particular program she goes into,
4:57and she also suffers additional
4:59consequences once she's assessed. They
5:02do a professional assessment. That
5:04professional assessment makes
5:05recommendations. Ms. Henderson has to
5:08follow the recommendations, and if she
5:10does not, then her job becomes
5:12endangered. Her security is in jeopardy.
5:15This is all shared with her work. It's
5:17my understanding that all the programs
5:19are 6 to 8 weeks long. They're not just
5:22a 30-day program that the
5:24the assessment may very well put her in
5:27patient. They put people in patient if
5:30they are assessed to be a form of threat
5:32to themselves.
5:33>> General Motors? General Motors?
5:35>> It's the program through General Motors.
5:36>> Through UAW.
5:37>> There is an issue with Mr. Statman being
5:39able to assess her um
5:42level of addiction, but those resources
5:45go away if she loses her job. This
5:47program hooks her up with
5:49>> on leave, right?
5:51>> Not for this week. This week is the week
5:53where it becomes her leave becomes she's
5:57expected to be back at work this week.
5:59Her leave is on date.
6:00>> When When does your leave end, ma'am?
6:02>> I was supposed to return back Sunday
6:04night, June 6th. I mean, July 6th.
6:07>> Got it.
6:09Okay.
6:10Go ahead, counsel.
6:11>> Thank you.
6:13The truth is, Your Honor, while it is
6:15true that, you know, it's appropriate
6:18for this court to weigh public safety
6:19concerns, even concerns for my client
6:21herself,
6:23and what could happen, while that's
6:24appropriate, there's far greater harm
6:27that uh will happen here. It's not just
6:30a potential if she is incarcerated and
6:33unable to continue her employment. We
6:36are requesting that you put in an order
6:39that she immediately be assessed,
6:42and follow the assessment um done by the
6:45professionals. We can have Mr. Statman
6:48assess her, but he does not have access
6:51to those private services, which are
6:53actually If I'm going to be real,
6:55they're superior
6:56to what community centers can offer Ms.
6:58Henderson if she were to lose her job.
7:00And that's where it's a catch-22 because
7:03if she does lose this employment, she
7:05won't have the funds for court costs.
7:08>> I I get all of that, counsel, and I
7:10That's why I put this actually on a
7:13non-sentencing day because I was hoping
7:15to get the assessment
7:17fashion terms and conditions of her
7:19release so that we could get her out of
7:21here
7:22um with something in place. But right
7:26now, as I sit here, I don't have
7:28anything in place. I
7:31I'm I'm at the exact same point that I
7:33was the last time we were here.
7:36>> I need a written order, if possible,
7:38Your Honor, if you would consider it. Uh
7:40she did pay Mr. Statman.
7:43Mr. Statman's schedule allows for a
7:45remote assessment.
7:46>> She paid him?
7:47>> Yes.
7:48>> Already?
7:48>> Yes, he's been paid.
7:50It allows for a remote assessment. The
7:52jail needs an actual written order from
7:55the court.
7:55>> Well, then give me an order. I mean
7:57I
7:59If I get an order, I'll sign it. I I I
8:02wanted her assessed.
8:04>> I So, that's where I'm so sorry that I
8:07did email one. That's the Those are the
8:09emails that were not received. I would
8:11have printed one for you this morning.
8:13Um I can get one faxed if my email is an
8:17issue
8:18to you. I can fax the same email I
8:21attempted to send with the proposed
8:23order.
8:25>> What do you want? Did Mr. Statman
8:27indicate how fast he can get to her?
8:31Okay.
8:33I just need to get her assessed. I need
8:35I just want an assessment and a report
8:37given all the circumstances of this
8:39case.
8:40How complicated can the order be
8:44um for Mr. Statman?
8:46>> It wasn't It was a one-page order that I
8:48proposed.
8:49>> Then
8:50can
8:57>> Your Honor, do you mind if I call Mr.
8:59Statman?
9:01>> If you would. I just My problem is is
9:04that I think from the jail's
9:06perspective, I just I just need an order
9:10to
9:12get so that the jail will make the
9:14proper arrangements so that Mr. Statman
9:18can see her.
9:20>> That's what they told me, yes.
9:22>> Um
9:26And
9:28they
9:29The place that you have is a 48 to
9:3172-hour turnaround.
9:33>> Correct, Your Honor. And
9:34>> From the time that they
9:37>> receive the referral. And I could I
9:39could contact her. I mean, I don't know
9:41if it would be up to that according to
9:44the website, that's I mean, they have a
9:46fast track one. So, I don't know if the
9:49assessment price would be less um
9:52if it wasn't like emergent.
9:54Um that would be a conversation that I
9:56would have to have with her, but I do
9:58know that she has gone to to the jail or
10:01done things remotely via Zoom
10:03>> Got it.
10:03>> appointment and and has has accomplished
10:05an assessment.
10:07>> All right.
10:08So, the problem's going to be I'm I'm
10:11now here at Wednesday. Her leave ended
10:15you said Sunday.
10:20>> And
10:22I know that um this court is aware you
10:24could put her on an alcohol tether. She
10:27does have court until the Shelby
10:29Township
10:29>> That has Council that's always been an
10:32option.
10:33The problem is the circumstances of this
10:35case.
10:37And you know,
10:39I am
10:41doubtful to
10:42I'm not changing my mind on that.
10:47I mean,
10:49she
10:51she needs help.
10:55We can fashion something to
10:59so that the public's not at risk, she's
11:01not at risk.
11:04I mean, it
11:05The bottom line reality to it is is that
11:08little girl that was here the other day,
11:10her daughter.
11:13I can't in good conscience
11:18let this defendant out where she may be
11:20traveling with that child
11:22if no other reason.
11:24>> Your Honor, there's I believe there's no
11:26I do not have discovery. I emailed
11:28discovery
11:30for discovery. I haven't received it
11:32yet. I just gave Raymond here a copy of
11:34the email I sent over
11:37to the I believe
11:38>> I'm telling you.
11:39>> I will give it to you. Sorry about that.
11:42I sent over, but I am unaware of any
11:45allegation and please correct me. I am
11:47unaware of any allegation of her being
11:50an evading in the car with her child.
11:54>> Counsel, that's not my point.
12:00>> I understand your concern and I
12:02understand that we see things that
12:04happen and you need a time machine,
12:07basically. I understand that. I really
12:09do, Your Honor. And I really do feel
12:11that you're coming from a place of
12:12concern.
12:14I honestly do, but she her daughter
12:18is [clears throat] in danger of losing
12:20you know, they're not married. She's
12:22been incarcerated. She's the one that
12:24has full-time care and custody.
12:27They're not on her daughter doesn't need
12:29health care from the state. They don't
12:31need food stamps the way that things
12:32stand.
12:34So, our concern is about what actually
12:37happened.
12:37>> Counsel, she's got a prior, a pending
12:40and another pending.
12:41She was a point two three five in this
12:44case. She was making comments that were
12:51and and I'm not necessarily qualified to
12:53say this entirely, but we're uh uh
12:58of what she would do to herself. And
13:03and that she just didn't care.
13:06>> You're on
13:07>> That's where she was.
13:09>> And she can be released into a treatment
13:11program with doctors and still get a
13:14substance abuse assessment instead of
13:16the detention.
13:18Where she's not receiving services.
13:20>> You know what? I'm done arguing about
13:22it.
13:23I asked that something be done
13:26so that I could fashion something or be
13:28assured to let her out with as least
13:33risk as possible to herself
13:37or to the community. I haven't gotten
13:39that.
13:40>> Your Honor, but
13:40>> Now I'm here today, Counsel, trying to
13:43figure out how to make it happen.
13:48And so we can keep going around and
13:50around. Well, you can keep going around
13:51and around cuz I'm stopping. I'm not
13:53going around and around about this. I
13:55told you what I wanted. I told you what
13:57I needed to try to assess it to let her
14:00out safely. I will do that, but I need
14:03it.
14:06>> Your Honor, may I have a written order
14:08denying the motion?
14:13>> If you get me that order, I'll deny your
14:15motion, but get me the order that it
14:18gets her treatment, Counsel. I don't
14:20know why this is so hard.
14:21>> I told
14:22>> Get the order.
14:23>> May I explain?
14:24>> Get the order.
14:25>> In my email box, your court didn't
14:29And
14:29>> Get the order. I'm done. Take her back.
14:32I'll call the case back out, but I'm not
14:34going around and around. Get me the
14:35order.
14:39>> I did
14:41I did the right I have a screen on the
14:43record address list so that it's clear.
14:45I have proof that I sent the order.
14:47It was
14:48>> I don't have it, Counsel.
14:50>> So that means we can't do anything. That
14:52is correct.
14:52>> I'm not saying whether I believe you or
14:54not. I can't do anything. I can't keep
14:56going around and around about this. I
14:58need an order so we can get her
14:59assessed. Everybody here wants her
15:01assessed as expeditiously as we possibly
15:04can.
15:06But I'm not going around and around
15:07about it. Let's just get it done.
15:11Ms. Polera, what were you going to say?
15:13>> That's right. I just wanted to update
15:14the court. I did um just speak with Mr.
15:16Statman. Um he indicated that if he has
15:19the order, he can do it as early as
15:22tomorrow at 10:00 a.m. He tried to do it
15:24>> Get me an order. Somebody. I don't care
15:26if it's handwritten. Get me an order,
15:29counselor.
15:30>> Yes, Your Honor. I attempted to. And I
15:32will I'll make
15:33>> Oh my. I hear you. Get me an order. Get
15:37a piece of paper, write an order so I
15:39can get her assessed.
15:40>> Oh, yes.
15:41>> Right now. I'm done. Step away from my
15:43podium. Court is standing in recess.
15:46>> All right.
15:49>> A little longer [music] than a few
15:50minutes later.
15:52>> Court reconvenes People versus Nicole
15:53Henderson.
15:54>> Morning again, Your Honor. Raymond Cook
15:55for the People.
15:56>> Good morning. Nicole Shady, I'm still
15:58present and Ms. Henderson is walking up
16:01to the podium now.
16:06>> Okay, hang on.
16:07>> Nicole Henderson.
16:08>> All right.
16:10We have finally received an order. I've
16:12signed that order.
16:14Uh Mr. Statman has indicated, Ms.
16:16Player, if I'm correct,
16:19can get good seat tomorrow at 10:00.
16:22The next question I had for Mr. Statman,
16:24which I think we got cleared up, is that
16:27he can then have a report by 1:00 noon
16:301:00 tomorrow.
16:32Okay?
16:33And then what I'll do is I'll adjourn
16:35this hearing to July 9th tomorrow at
16:393:00 p.m.
16:40>> I can do that.
16:43>> All right. Then we'll see what we can
16:45do.
16:46>> Thank you.
16:47>> You're welcome, ma'am.