1:11:09 It's kind of a risk if you actually bring in this back up and almost going back into the lions den and go, no, no we're not done with this fight yet. That is a very risky move I'm so glad it paid off for you that makes his whole thing that much more impressive because that really is the amateur going up against Michael Jordan and dunkin' on him. That's huge! Okay, so this guy recanted hi testimony your lawyer said its nothing You decide screw it im gonna pursue this What happens next? Well, so it took me a little while to get my pro se status approved by the appeals court and the trial court. The trial court which is where we were prosecuted and obviously with the trial they ignored my pro se motion for the longest time and it kind of got frustrating for me. So then I was just like you know what?
1:12:01 I wanna file something with the appeals court. And the appeals court responded by basically telling me, I need to refile this in the trial court which is a lower court and that prompted the trial court judge to have to actually look at my per se motion and approve it. So like you said this recant came out August 4th, I think it was the first day. I wasn't able to get it into the trial court record until February, I think, February. So finally, February rolls around and
1:12:37 the whole motion I made about Jeremy Bertino and how we need to do a rule 33. Rule 33 is basically when you finish your trial, if new evidence arises, you have three years from the date of conviction to get it in there through rule 33. So that was my absolute goal. I was like, I have to get this on record because we need this evidence in our appeal. The star witness recanted testimony why would you not want in your appeal? Well, I'm going to go back So the government was trying to delay responding at first, or I feel like they didn't get the videos that I sent. That delayed the case for another month basically and it was interesting because the reply date that they were ultimately granted
1:13:27 our appeal when we were supposed to file our appeal. Our appeal was due April 13th, and the government's response to the Jeremy Bertino accusations was April 10th. So I seen this immediately as I see what they're doing here because my reply was due April 24th. That basically means that litigation for this whole thing wasn't going to commence before the appeal so I'm like, all right. Here's I see what they're doing it there. They're trying to stonewall me from getting this in here. So I follow the emotion with the appeals court requested a bank requesting an abeyance and abeyances basically an indefinite delay of the appeal brief schedule until we got this Bertino thing litigated
1:14:15 And they don't like that too much. The government opposed that motion in the appeals court, they said they're like yeah you know what it's fine this will get litigated in a couple of months so you could just do an amendment and get into your appeal on a couple months. I countered with them there is no guarantee that they are even going to rule on that in the next couple months. So this accusation came out August we are still having conversations about how to proceed on this So I was like absolutely not and well suspended the whole appeal brief a couple days later. And I was like, wow maybe they agree on one or something here and then a couple of days later the trial court prosecutors they put in their April 10th response to the whole Bertino thing and they were like yeah this is Jocelyn Palatine. I'm sure you guys reported on her before she replied she replied instead did
1:15:16 The judge should defer litigation of the whole Bertino thing until after our appeal is commenced. So this directly contradicts and conflicts with what the attorneys for the prosecution were saying in the appeals court, and I ran right back to the appeals court with that and I put a supplement motion in it. And I was like this is exactly why we need the abeyance because the lower court doesn't want this information getting out and And like I said, there's no guarantee that this is gonna be ruled on. And this is prime example number one why it may not be ruled on.
1:15:55 And three days later, we get a dismissal. So sort of I don't know how to put it chicken the egg sort of thing it's like okay well you can't do this motion until you file the appeal but to file the appeal you want to use the evidence from this motion so they wanted to put you in an impossible situation where you had to file the appeal before you could get the information that was necessary for your appeal though? Do I have that generally right? Yes, absolutely. That's literally that that's it yeah well so so it still just it's still machinations It's still manipulation of the court system trying to screw you over So again this isn't this wasn't an honest mistake That's what I'm learning from this that this wasn't a ah gee looks like You know we messed up here We want to make it right This looks like oh crap they caught us Let's cover-up our crimes and it sounds like these are this is more I don't know if what they're doing is criminal But obviously they're attempting to cover up