Tuesday, May 4, 2010

Danny Tate's Day in Court

I haven’t been in the 7th Circuit Court for well over two years. I got a good night’s sleep and walked in feeling alright. It was great to be met with friends wearing Free Danny Tate !!! t-shirts. Thanks to all who showed up. It had an impact. We were still out numbered by lawyers petitioning for fees and conservatorships. But even those not connected to my case seemed to be saying with their faces, “Hell, yeah, free him! I wanna get out of here alive.”

Everyone was respectful, but convicted. More importantly, I think it was an education for all.

I must give Judge Kennedy credit. He handled it diplomatically and we both treated each other with respect. The courtroom should be an arena where personal opinions are held in check out of respect for the judiciary.

Though met with some resistance at first, once procedure was clarified by attorney Hoskins, I was allowed to make a statement in court. Here’s what I pled:

“Your honor, I would like to respectfully request that you award my attorney his current outstanding attorney’s fees. He has worked diligently and honorably in his representation of me. And I am of the firm opinion that he is not only entitled, but is in need of these fees to continue his zealous representation.

I would also like to respectfully request that the court unconditionally terminate this conservatorship and save me the undue burden of expense from ongoing proceedings.

The expenses leading up to the final hearing scheduled for May 24-25 will further deplete my assets. As it stands today, when the outstanding legal expenses are paid, my monetary and stock assets, including my retirement account and children’s college funds, will most likely be exhausted and possibly leave me in debt. As it stands today, I will most likely have to sell my home, or at the least, take out a second mortgage in order to meet the outstanding legal costs and financial commitments necessary to begin my life over.

In closing, I again, respectfully ask the court to terminate this conservatorship unconditionally and immediately. I believe it is in the best interest of all parties involved.

And I truly believe it would be in the best interest of me, the ward, and my children.”

After the hearing, the supporters all stayed around for a little education on conservator law and how easily an individual can be stripped of their Constitutional rights and individual liberties. My attorney, Michael Hoskins, deliberated this thirty minute lesson while standing on the court house steps. And we gathered for a group photo for the Westview.Though Judge Kennedy ruled against the termination of the conservatorship, he did grant my attorney his fees. I believe this was important. Mr. Hoskins has been working on my case for 7 months without pay.

Then I settled in for a long weekend flood…

Free Danny Tate!!!

See Also:
Facebook: Friends for Danny Tate's Defense


Lou said...

Typical corrupt guardianship will starve the good guys out. It was a wise decision of Judge Kennedy to order payment to Michael Hoskins. It would be an even wiser decision for him to terminate this guardianship.

Alice said...

Glad things are starting to turn for you in court, Danny.

StandUp said...

Danny's victory will be a victory for all victims!

Mike said...

Funny how the judge starts acting like he's in the justice business when there's a crowd!

Barbara said...

You're right, Lou, how much will it cost Danny Tate for the final hearing?

And will he get resitution for all this life savings taken from him unjustly?

Joan said...

Michael Hoskins is fearless!

Anonymous said...

One one more day in court, Danny, and you should be FREE!

Patti said...

Friends has over 3,000 members now! What a tidal wave of support!

Reilly B. said...

Think about this - a person should not have to spend his/her entire life savings defending him/herself from an unlawful takeover.

The perps should be held accountable. What the guardian, the guardian's attorney - and the judge - did to Danny Tate is CRIMINAL and they should be packing their bags for a long stay in the big house for it.

Anonymous said...

Thanks for keeping on this case, NASGA.

helensniece said...

These people need to be working for Uncle Sam for no pay on a:

I think this is a case that will make a difference along with some other cases that have enraged people who have had it and they are mad as hell and they are going to do something about it.

Danny Tate is young, he is a dad, he worked hard, sacrificed and saved his money for his future, for his daughters education and their futures.

Who benefited from this conservatorship?

Follow the $$$ signs and it isn't Danny Tate.

Fan and Supporter said...

You rock, Danny!

Anonymous said...

From what I know of this case, it was a disaster from the beginning.

Even "emergency" guardianships or conservatorships require due process notice (in writing).

There was none in this case.

Kennedy should be impeached, and Housch jailed.