Charlie’s presentation to Judge Poole in ‘violation’ after ‘traffic stop’

Charlie Bell is attempting in five minutes to win the favor of Judge Don Poole in Hamilton County criminal court and to have allegations of his having violated probation thrown out. Mr. Bell practiced reading this script aloud in the two days prior to a “phone hearing” Dec. 3, 2020.

Notes for Judge Poole phone hearing

This is Charlie Bell, your honor. 

I appreciate your time, it shouldn’t take more than six minutes — is that OK with your honor?

• I had a Sept. 16 traffic stop on Brainerd road.

• Officer, Joseph Ogg, stopped me for my tag.

• The Tag in the back window came from Red’s Auto Sales. 

• As he talked to me, he admitted it was nothing to worry about.

• Officer Ogg said he was sorry for the stop. He said he wasn’t going to worry about the tag. “I apologize for that,” he said. “A lot of dealers do that.”

• He asked me questions about another person, asking if I knew him.

• When he ordered me out of the car, while having no probable cause, he put his hand on his gun.

• Fearing for my life, I grabbed the wheel, pressed the gas, took off.

Basic analysis

This is a void case, should’ve never been a case, your honor.

• The officer went down to the jail, took out a warrant for my arrest.

• I turned myself in to the jail that day.

• Jail 7 hours

• F$3,000 bail, I paid F$312 to the bondsman.

• I am a poor working man, with four dependents, with a small painting business. This hurts me badly, your honor.

In the hearing before Webb —

• Officer Ogg charged me with “evading arrest.”

• The hearing was on Nov. 10.  I did not get a word out before the Judge.

• My lawyer, Jeff Schaarschmidt, said I was going to be arrested.

. I was allowed to surrender myself into custody, so I walked to the jail on my own.

• I was unjustly removed from before the judge. I had been counting on Judge Webb’s dismissing the Ogg arrest.

• I was unjustly removed from before Judge Webb to have my say and give my evidence. Judges are supposed to bring justice in all matters.

I wasn’t given a proper chance for the judge to hear me out. 

• I was denied my due process right to be heard in a timely and meaningful manner.

• You need to know I was in the jail nearly 6 hours. I missed a job painting a house, and my colleague went without me.

So, what I’m asking for is for you to clear this case, and clear me from a false claim.

What I’m asking for, your honor —

— This matter to be dismissed.

— It’s not really a case.

And here’s why, your honor.

— This was a false arrest and a void case.

— It shouldn’t’ve ever been a case.

— The officer from his own mouth dismissed the reason why he pulled me over in the first place.

— Your honor, I was charged with “evading arrest,” “no tag” and “no insurance.”

— The DA saw the video, I am told, and the judge, too. It’s on Facebook (a 2 minute clip). And Judge Webb dismissed the case. 

— I have — and had — a valid license on the day of the Ogg arrest. I handed it to him. I was trying to transfer my insurance that day. 

— The cop arrested me without probable cause. And after he made the arrest, he dismissed the cause himself.

— But then, he demanded I exit the car, and threatened my life with his gun.

— I sped away in my car, sir, to protect my life, and was not evading arrest. 

— I didn’t flee or evade arrest.

— I just left the scene of danger. What would you do, sir?

— The fatal flaw in this whole case, your honor, is this:

There is no underlying cause for the arrest;

Therefore, I cannot be charged with “evading arrest.”

There has to be an underlying charge for the “evading arrest” charge to make any sense

So, your honor, I want you to understand this is not a criminal case.

— It is not a violation of probation. 

— A false matter cannot disturb my relationship between me and the probation system.

— I am due to be getting off of probation in January. After four years.

— Officer Ogg threw away the tag charge, and dismissed the stop with his own words.

— When he went to make the warrant, he resurrected the tag charge upon which to base the “evading” charge.

— Sir, this is bogus and false. This kind of thing gives police officers a bad name. And this is ruining my life.

I’m a man, have a soul, sir

— Sir, please clear this matter from your docket.

— It isn’t justice. False arrest. Wrongful imprisonment. Your honor I’ve been jail 2x on this case, total of 13 hours 

— This false arrest CANNOT RIGHTLY flag me.

— It cannot interfere with my probation.

— I’ve done nothing wrong.

— I caused no injury or harm

— I’ve not disobeyed any law.

— Fleeing in terror from a white officer is not a crime.

Your honor, I would like you please to dismiss this matter. I appreciate your time and consideration.

Sir, this is a clerical error and a mistake to put me before you under the old case for which I am on probation. It is a mistake and it is wrong.

Please relieve me of this injustice of false arrest and false imprisonment as well as this probation violation.

Thank you, sir.