Fulton County Superior Court

***EFILED***TB
Date: 8/18/2020 4:06 PM
Cathelene Robinson, Clerk

IN THE SUPERIOR COURT OF FULTON COUNTY

STATE OF GEORGIA

STATE OF GEORGIA ) INDICTMENT NO. 18SC157086

VS. ) CHARGE: AGGRAVATED STALKING

MARTIN SCHULZ )

TRANSCRIPT OF GUILTY PLEA

BEFORE THE HONORABLE SHAWN ELLEN LAGRUA

ON SEPTEMBER 19, 2019, ATLANTA, GEORGIA

APPEARANCES:

FOR THE STATE: DALLAS COX

ATTORNEY AT LAW

FOR THE DEFENDANT: LANCE DUTTON

ATTORNEY AT LAW

KAREN RIVERS
OFFICIAL COURT REPORTER
8655 JUSTICE CENTER TOWER
185 CENTRAL AVENUE, S.W.
ATLANTA, GEORGIA 30303
 1 MARTIN SCHULZ

2 HAVING BEEN DULY SWORN, WAS EXAMINED AND TESTIFIED AS

3 FOLLOWS:

4 EXAMINATION BY

5 MS. SLEEPER:

6 Q. PLEASE STATE YOUR TRUE, CORRECT LEGAL NAME?

7 A. MARTIN JAMES SCHULZ.

8 Q. ARE YOU AT THIS TIME TAKING OR UNDER THE

9 INFLUENCE OF ANY ALCOHOL, DRUGS OR MEDICINE?

10 A. I'M NOT.

11 Q. HOW OLD ARE YOU AND HOW FAR HAVE YOU GONE

12 INTO SCHOOL?

13 A. 49, SOME COLLEGE.

14 Q. ARE YOU ABLE TO READ, WRITE, AND UNDERSTAND

15 THE ENGLISH LANGUAGE?

16 A. YES.

17 Q. DO YOU UNDERSTAND THAT YOU'RE CHARGED WITH

18 THE FOLLOWING OFFENSES. YOU'RE CHARGED WITH THREE

19 COUNTS OF AGGRAVATED STALKING AS FELONIES AND YOU'RE

20 CHARGED WITH ONE COUNT OF VIOLATION OF A PROTECTIVE

21 OFFERED AS A MISDEMEANOR?

22 A. I AM.

23 Q. DO YOU UNDERSTAND THAT YOU HAVE A RIGHT TO

24 PLEAD GUILTY OR NOT GUILTY TO THESE CHARGES, AND IF YOU

25 PLEAD NOT GUILTY OR REMAIN SILENT YOU MAY RECEIVE A

2
 1 JURY TRIAL?

2 A. I DO.

3 Q. HAVE YOU HAD ENOUGH TIME TO SPEAK WITH YOUR

4 LAWYER ABOUT ALL THE FACTS AND CIRCUMSTANCES KNOWN TO

5 YOU REGARDING THE CHARGES IN THIS INDICTMENT, INCLUDING

6 ANY POTENTIAL DEFENSES?

7 A. I HAVE.

8 Q. DO YOU NEED MORE TIME TO DISCUSS THE CASE

9 WITH YOUR ATTORNEY?

10 A. I DO NOT.

11 Q. ARE YOU SATISFIED WITH HIS SERVICE?

12 A. YES.

13 MR. COX: DO YOU WAIVE FORMAL READING OF

14 THE INDICTMENT?

15 MR. DUTTON: WE DO.

16 MR. COX: AND DO YOU WAIVE ANY AND ALL

17 DEFECTS IN THE INDICTMENT?

18 MR. DUTTON: WE DO.

19 BY MR. COX:

20 Q. HAS YOUR ATTORNEY ADVISED YOU OF THE MINIMUM

21 AND MAXIMUM SENTENCE FOR EACH CHARGE YOU'RE PLEADING

22 TO?

23 A. YES.

24 MR. COX: SO FOR THE RECORD, YOUR HONOR,

25 AGGRAVATED STALKING HAS A SENTENCING RANGE OF ONE

3
 1 TO 10 YEARS. AND A VIOLATION OF A PROTECTIVE ORDER

2 IS A MISDEMEANOR HAS A SENTENCE RANGE OF ONE DAY TO

3 12 MONTHS IN JAIL.

4 BY MR. COX:

5 Q. DO YOU UNDERSTAND THIS IS A NEGOTIATED PLEA

6 OF GUILTY WHICH MEANS THE STATE WILL RECOMMEND TO THE

7 COURT A SENTENCE OF THREE YEARS TO BE SERVED ON

8 PROBATION, BUT THE COURT DOES NOT HAVE TO ACCEPT THAT

9 RECOMMENDATION. THE COURT CAN SENTENCE YOU TO THE

10 MAXIMUM ON EACH CHARGE, AND CAN RUN THOSE SENTENCES

11 CONSECUTIVELY OR ONE AFTER THE OTHER?

12 A. I DO.

13 MR. DUTTON: JUST TO CLARIFY IT'S A NO

14 CONTEST PLEA?

15 THE COURT: IT'S AN ALFORD PLEA. THAT'S

16 FINE. I DON'T TAKE NOLO PLEAS.

17 MR.DUTTON: WE HAVE TO PUNT THIS. THIS

18 IS A CIVIL CASE THAT WE CAN'T DO IT WITHOUT THIS SO

19 WE'RE --

20 THE COURT: WE'LL SET IT DOWN FOR TRIAL.

21 MR. COX: THANK YOU, YOUR HONOR.

22 THE COURT: JUST MAKE SURE THE RECORD IS

23 CLEAR, MR. SCHULZ, DO YOU REALIZE THAT YOU'RE

24 FACING UP TO 31 YEARS IN CUSTODY IF CONVICTED BY A

25 JURY?

4
 1 THE DEFENDANT: I DO, YOUR HONOR.

2 THE COURT: AND YOU REALIZE THAT'S BEEN

3 AN OFFER TODAY OF THREE YEARS PROBATION?

4 THE DEFENDANT: CAN I CONSIDER THIS FOR A

5 MINUTE. I DIDN'T KNOW THAT.

6 THE COURT: ABSOLUTELY.

7 MR. DUTTON: I WILL TALK TO HIM.

8 THE COURT: OKAY.

9 (BRIEF RECESS.)

10 (RECORD RESUMED.)

11 BY MR. COX:

12 Q. HOW DO YOU PLEAD TO THE CHARGES IN

13 18SC157086?

14 A. GUILTY UNDER ALFORD.

15 Q. IS THIS GUILTY PLEA FREELY AND VOLUNTARILY

16 GIVEN WITH FULL KNOWLEDGE OF THE CHARGES AGAINST YOU?

17 A. YES.

18 Q. DO YOU UNDERSTAND THAT YOU MAY HAVE ONLY A

19 LIMITED RIGHT TO APPEAL THIS GUILTY PLEA CONVICTION?

20 A. YES.

21 Q. LET ME A STEP BACK. ARE YOU PLEADING GUILTY

22 BECAUSE YOU HAVE DECIDED IT IS IN YOUR BEST INTEREST TO

23 DO SO?

24 A. YES.

25 Q. ARE YOU AWARE THAT EVEN IF YOU DO NOT ADMIT

5
 1 GUILT THIS IS PLEA OF GUILTY AND PLACES YOU IN THE SAME

2 POSITION AS IF YOU WERE CONVICTED BY A JURY AT TRIAL?

3 A. YES.

4 Q. DO YOU UNDERSTAND THAT YOU ONLY FOUR YEARS

5 FROM TODAY FOR FELONY CHARGES AND 12 MONTHS FROM TODAY

6 FOR MISDEMEANOR CHARGES TO FILE A HABEAS CORPUS

7 PETITION CHALLENGING THE VOLUNTARINESS OF THIS GUILTY

8 PLEA?

9 A. YES.

10 MR. COX: IF THIS CASE WERE TO GO TO

11 TRIAL THE STATE WOULD PROVE THAT ON THE 29TH DAY OF

12 JUNE, 2017, 3475 ROXBORO ROAD. R-O-X-O-B-O-R-O

13 ROAD, NORTHEAST, WHICH IS ATLANTA WHICH IS FULTON

14 COUNTY. CLAIRE SCHULZ. C-L-A-I-R-E S-C-H-U-L-Z,

15 BUT IT'S YANKEE NOW, OFFICERS WERE DISPATCHED TO

16 THAT LOCATION AND MET WITH MS. YANKEE. SHE STATED

17 THAT HER HUSBAND OF FOUR YEARS, MR. SCHULZ, HAD

18 BEEN ASSAULTING HER SINCE MARCH 2017. MS. YANKEE

19 STATED THAT SHE HAD AND HER HUSBAND DO NOT LIVE

20 TOGETHER BUT HE CONTINUOUSLY STALKS HER BY DRIVING

21 PASS HER HOUSE, ASKING ABOUT HER THROUGH FRIENDS,

22 CALLS AND TEXTS TO HER PHONE. AND THAT SHE HAD --

23 THAT HE HAD PLACED A TRACKER ON HER CAR. SHE ALSO

24 BELIEVED THAT SHE HAD FOUND SURVEILLANCE EQUIPMENT

25 IN HER HOME. MS. SCHULZ, TOOK OUT A FAMILY

6
 1 VIOLENCE EX PARTE PROTECTIVE ORDER IN SUPERIOR

2 COURT OF DEKALB COUNTY. THAT'S 17P07222-10. AND

3 THAT WAS ON THE 25TH DAY OF JULY OF 2017. THEN FOR

4 THE PURPOSES OF THE GUILTY PLEA HERE TODAY HE DID

5 TEXT HER A NUMBER OF TIMES SPECIFICALLY, ON JULY

6 20TH OF 2017, DECEMBER 23RD OF 2017, JANUARY 5TH OF

7 2018. AND JANUARY 18TH OF 2018, AND WE DO HAVE

8 COPIES OF THOSE TEXT MESSAGES FOR THOSE SPECIFIC

9 DAYS. THERE ARE NO REPLIES. THERE ARE JUST A

10 STRING OF TEXT MESSAGES FROM MR. SCHULZ TO MS.

11 YANKEE. THERE IS ONE REPLY. SPECIFICALLY, JAMES,

12 PLEASE DON'T CONTACT ME AGAIN. THIS IS HER ASKING

13 IF YOU DON'T STOP IMMEDIATELY I WILL GET A

14 RESTRAINING ORDER, TOO. THERE ARE A NUMBER OF TEXT

15 MESSAGES MOSTLY ABOUT THE CURRENT DIVORCE THAT THEY

16 WERE GOING THROUGH. CUSTODY OF THE DOG, AND THEN

17 THERE IS ONE THAT DOES OF THE SPECIFIC MESSAGES

18 THAT WE HAVE THAT DOES BECOME AGGRESSIVE. HE USES

19 FOWL LANGUAGE; HOWEVER, THERE IS NOTHING

20 NECESSARILY INHERENTLY VIOLENT ABOUT THESE TEXT

21 MESSAGES. WE'RE ASKING FOR THREE YEARS PROBATION.

22 STAY AWAY FROM MS. YANKEE. NO CONTACT WITH MS.

23 YANKEE, AND NO GOING TO OR AROUND HER CURRENT

24 ADDRESS, YOUR HONOR.

25 THE COURT: CRIMINAL HISTORY?

7
 1 MR. COX: HIS CRIMINAL HISTORY, HE HAS

2 TWO PRIOR FELONY CONVICTIONS, AND -- I'M SORRY?

3 THE COURT: THREE. ACTUALLY, FOUR.

4 MR. COX: I ONLY HAVE THAT THERE WAS TWO.

5 THERE WAS A 1991 DRUG TRANSACTION OUT OF

6 CALIFORNIA, AND THERE WAS A THEFT IN 2003, AND I'M

7 TRYING TO FIND THE --

8 THE COURT: AN '04 VGCSA AND AN '05

9 ESCAPE, WHICH IS WHY YOU HAVE TO HAVE A GCIC.

10 MR. COX: I UNDERSTAND.

11 BY THE COURT:

12 Q. DO YOU UNDERSTAND THE NATURE OF THE CHARGES

13 AGAINST YOU?

14 A. I DO.

15 Q. ARE YOU NOW UNDER THE INFLUENCE OF ANY

16 ALCOHOL, DRUGS OR ANY OTHER SUBSTANCE?

17 A. I'M NOT.

18 Q. HAS ANYONE MADE ANY THREAT OR PROMISE TO

19 INFLUENCE YOU TO PLEAD GUILTY?

20 A. NO.

21 Q. DO YOU UNDERSTAND THAT BY PLEADING GUILTY

22 YOU'RE GIVING UP THE FOLLOWING RIGHTS. THE RIGHT TO A

23 JURY TRIAL AND TO BE REPRESENT BY COUNSEL AT THAT JURY

24 TRIAL. THE RIGHT NOT TO INCRIMINATE YOURSELF. THE

25 RIGHT TO QUESTION YOUR ACCUSERS. THE RIGHT SUBPOENA

8
 1 WITNESSES ON YOUR OWN BEHALF. THE RIGHT TO TESTIFY ON

2 YOUR OWN BEHALF, AND THE RIGHT TO APPEAL YOUR CASE AND

3 BE REPRESENTED BY COUNSEL. DO YOU UNDERSTAND THAT BY

4 PLEAD GUILTY YOU'RE GIVING UP ALL THOSE RIGHTS?

5 A. I DO.

6 Q. DO YOU UNDERSTAND IF YOU'RE NOT A U.S.

7 CITIZEN A GUILTY PLEA COULD HAVE AN IMPACT ON YOUR

8 IMMIGRATION STATUS?

9 A. I DO.

10 Q. DO YOU UNDERSTAND THAT THE COURT'S NOT BOUND

11 BY ANY PROMISES, RECOMMENDATIONS OR REDUCTIONS, AND I

12 COULD SENTENCE YOU AS I DEEM APPROPRIATE?

13 A. I DO.

14 Q. HOW DO YOU PLEAD TO THE CHARGES, GUILTY OR

15 NOT GUILTY?

16 A. GUILTY UNDER ALFORD.

17 Q. ARE YOU PLEADING GUILTY BECAUSE YOU THINK

18 IT'S IN YOUR BEST INTEREST TO PLEAD GUILTY AND YOU'RE

19 AFRAID IF YOU GO TO TRIAL YOU MIGHT FACE MORE

20 SIGNIFICANCE CONSEQUENCES?

21 A. POSSIBLY, YES.

22 Q. IS YOUR PLEA MADE FREELY AND VOLUNTARILY?

23 A. YES.

24 THE COURT: MR. DUTTON, ARE YOU SATISFIED

25 THAT YOUR CLIENT'S COMPETENT, UNDERSTANDS WHAT'S

9
 1 GOING ON, THAT THE PLEA IS VOLUNTARY, AND THAT

2 THERE IS A SUFFICIENT FACTUAL BASIS FOR ENTERING

3 THE PLEA.

4 MR. DUTTON: THIS IS, JUDGE, UNDER

5 ALFORD, THERE IS.

6 THE COURT: I WILL FIND THAT THERE IS A

7 SUFFICIENT FACTUAL BASIS FOR THE PLEA. I FURTHER

8 FIND THE PLEA OF GUILTY TO BE KNOWINGLY,

9 VOLUNTARILY AND INTELLIGENTLY ENTERED, AND I WILL

10 ACCEPT THE PLEA.

11 MR. COX: MS. YANKEE IS PRESENT YOUR

12 HONOR.

13 THE COURT: DOES SHE WANT TO MAKE A

14 STATEMENT?

15 MR. COX: YES, YOUR HONOR, AT THE

16 APPROPRIATE TIME. I NEED YOU TO INITIAL WHERE IT

17 WAS NO CONTEST AND IT'S CHANGED TO ALFORD.

18 THE COURT: WOULD YOU STATE YOUR NAME,

19 PLEASE.

20 MS. YANKEE: CLAIRE YANKEE.

21 THE COURT: GO AHEAD, MS. YANKEE.

22 MS. YANKEE: THANK YOU, YOUR HONOR I -- I

23 NEVER EXPERIENCED ANYTHING LIKE THIS BEFORE. AND

24 TO HAVE A FEW MINUTES TO SHARE IN COURT I DO

25 APPRECIATE. IT'S ALSO IMPOSSIBLE TO TRULY EXPRESS

10
 1 THE TERROR THAT IT IS TO HAVE SOMEBODY FOLLOWING

2 YOU, BEING ABLE TO QUOTE THINGS THAT YOU'VE SAID TO

3 OTHER PEOPLE IN PRIVATE AND NOT KNOW HOW. TO HAVE

4 SOMEONE SO INSIDIOUSLY TRY TO GET IN BETWEEN

5 YOURSELF AND YOUR FRIEND, YOURSELF AND YOUR FAMILY,

6 BY HAVING FOLLOWED YOU, LISTENED TO YOU, ANY

7 MANNER, WHETHER IT WAS GPS TRACKING. WHETHER IT

8 WAS SURVEILLANCE, BUT TO -- LIKE SO AND SO. I

9 SPOKE WITH YOUR MOM AND SHE SAID THESE THINGS JUST

10 CREATE SOME KIND OF FAMILY DISTRESS WHEN WE'RE ALL

11 VERY CLOSE. I HAVE WONDERFUL FRIENDS. I HAVE A

12 WONDERFUL SUPPORT SYSTEM. TO SAY THAT IT WAS

13 HORRIBLE AND GUT WRENCHING DOESN'T EVEN COVER IT T

14 THEN TO ACTUALLY HAVE THE PHYSICAL EVIDENCE OF HOW

15 HE WAS DOING IT AND TO FURTHER LEARN THAT HE DONE

16 THIS TO A WOMAN BEFORE ME AND RECEIVED CONVICTIONS,

17 AND THAT THERE WAS EVEN A WARRANT FOR HIS ARREST IN

18 TEXAS.

19 THE COURT: WELL, I CAN'T CONSIDER A

20 WARRANT. I CAN ONLY CONSIDER CONVICTIONS AND HIS

21 OWN CONVICTIONS ARE FOR THEFT, DRUGS.

22 MS. YANKEE: I DON'T KNOW OF THAT, AND I

23 APPRECIATE THAT. IT IS -- AND TO HAVE THAT BROUGHT

24 TO ME BY PEOPLE DOING PRIVATE INVESTIGATION BECAUSE

25 I DIDN'T EVEN KNOW ABOUT THE OTHER RESTRAINING

11
 1 ORDERS.

2 THE COURT: WELL, MA'AM, I CAN'T--

3 MS. YANKEE: I APOLOGIZE. THE -- IT HAS

4 -- I HAVE BEEN AFRAID TO GO OUT. I HAVE STAYED IN

5 FAR OFTEN THAN I NORMALLY WOULD. DEPRESSION, THE

6 ANXIETY, JUST THE TRAUMA AND THERAPY TO TRY TO FEEL

7 COMFORTABLE AGAIN OUT IN PUBLIC AND WONDER IF I SEE

8 HIM FROM AFAR. I DON'T KNOW, FOR ME IT'S DIFFICULT

9 TO HEAR THAT IT'S JUST PROBATION. BUT I REALIZE

10 THAT'S NOT ON ME TO MAKE THAT DECISION. IT'S -- I

11 JUST DON'T FEEL SAFE. I STILL DON'T FEEL SAFE.

12 THE COURT: THANK YOU.

13 MR. DUTTON: IF I COULD APPROACH.

14 THE COURT: OKAY. THANK YOU. COUNT ONE,

15 10 YEARS PROBATED. COUNT TWO, 10 YEARS PROBATED,

16 CONCURRENT. COUNT THREE, 10 YEARS PROBATED,

17 CONCURRENT-- WAIT A MINUTE. THREE YEARS WAS

18 NEGOTIATED. COUNT ONE, 10 YEARS PROBATED. COUNT

19 TWO, TWELVE MONTHS PROBATED, CONCURRENT. COUNT

20 THREE, 10 YEARS PROBATED, CONCURRENT. COUNT FOUR,

21 10 YEARS PROBATED, CONCURRENT.

22 SPECIAL CONDITIONS OF PROBATION TO

23 INCLUDE. ABSOLUTELY NO CONTACT WITH THE VICTIM,

24 DIRECT, INDIRECT, SOCIAL MEDIA, TEXT, FRIENDS.

25 ABSOLUTELY NO CONTACT WITH THE VICTIM. A DRUG AND

12
 1 ALCOHOL EVALUATION OUT PATIENT TREATMENT, IF

2 DETERMINED. RANDOM DRUG SCREENS. THAT WILL BE IT.

3 MR. DUTTON: IF I COULD JUST SAY A FEW

4 WORDS, I GUESS, IN RESPONSE BEFORE THAT -- BEFORE

5 THE COURT JUST SENTENCED. THESE PARTIES HAVE BEEN

6 DIVORCED SINCE DECEMBER. THERE IS STILL CIVIL

7 LITIGATION GOING ON REGARDING A BUSINESS THAT'S

8 WORTH A MILLION DOLLARS THAT THEY'RE IN. THE

9 EX-WIFE IS STILL ESSENTIALLY A THIRD PARTY WHOSE

10 TRYING, I GUESS, TO HAVE AN INTEREST IN THAT PART

11 OF THE BUSINESS. JUDGE, THE MESSAGES COMPLAINED OF

12 HERE ARE ASKING ABOUT THE DOG. THE EX-WIFE WAS

13 HELD IN CONTEMPT OF COURT, DEKALB COUNTY BECAUSE

14 SHE WITHHELD THE DOG. THE MESSAGES ARE NOT

15 THREATENING IN NATURE AT ALL. THERE IS ACTUALLY NO

16 THREATS OF VIOLENCE THROUGHOUT ANY OF THIS. SOME

17 OF THE ALLEGATIONS THAT WERE MADE EARLIER, JUDGE, I

18 WILL LET THE COURT KNOW THE ORIGINAL OFFICER WHO

19 TOOK FELONY WARRANT OUT ACTUALLY CAME DOWN TO THE

20 FULTON COUNTY JAIL AND SAID HE WANTED TO RECALL THE

21 WARRANT BECAUSE SOME OF THE ALLEGATIONS HE REALIZED

22 WERE NOT ACCURATE. I HAVE NEVER HAD AN OFFICER

23 VOLUNTARY SHOW UP TO FULTON COUNTY JAIL, BUT HE DID

24 THAT, AND WAS REDUCED TO A MISDEMEANOR. THE FELONY

25 WAS UPGRADED BASED UPON THE CONTACT. AND JUDGE, I

13
 1 HAVE THE MESSAGES WHERE HE IS ASKING CAN THIS

2 DIVORCE BE OVER, CAN I HAVE MY DOG BACK.

3 THE COURT: THERE IS A RESTRAINING ORDER.

4 THERE IS NO CONTACT, THAT'S WHERE HIS PROBLEM IS.

5 MR. DUTTON: THE NATURE OF THE CONTACT

6 AND WHY I THINK IT'S APPROPRIATE UNDER ALFORD IS

7 PART OF THE INTENT OF AGGRAVATED STALKING OR EVEN

8 STALKING IS HE HAD TO HAVE THE CONTACT WITH AN

9 INTENT TO INTIMIDATE AND HARASS. AND THAT WOULD BE

10 THE HIGHLY CONTESTED ISSUE AT A TRIAL. I THINK

11 THAT HE KNOWS THAT FOR SURE.

12 THE COURT: I UNDERSTAND.

13 MR. DUTTON: WITH THAT SAID, LET ME --

14 THE COURT: IT IS NOT MY INTENT THAT HE

15 WOULD BE ON PROBATION THAT LONG. I WOULD CONSIDER

16 SUSPENDING THE REPORTING AND CONDITIONS AFTER AN

17 AMOUNT OF TIME WHERE I'M CONVINCED THAT THE ISSUES

18 ARE OVER. AND LET ME AMEND THE NO CONTACT TO NO

19 CONTACT EXCEPT THROUGH THE ATTORNEYS AND WITHIN A

20 COURTROOM SINCE THERE IS ON GOING LITIGATION. I

21 DON'T WANT THERE TO BE ALLEGATIONS THAT THERE IS A

22 VIOLATION BECAUSE THE ATTORNEYS HAVE TO COMMUNICATE

23 WITH EACH OTHER AND THAT WOULD BE INDIRECT CONTACT.

24 MR. DUTTON: AS AN OFFICER OF THE COURT I

25 BELIEVE WE'RE ALLOWED THAT.

14
 1 THE COURT: I WOULD RATHER IT BE CLEAR

2 THAT THERE IS NO CONTACT OUTSIDE THE CONTEXT OF

3 ATTORNEYS AND THE NO DIRECT CONTACT UNLESS HE IS IN

4 A COURTROOM WITH THE JUDGE OR IN A MEDIATION WITH

5 THE ATTORNEYS PRESENT OBVIOUSLY.

6 THE DEFENDANT: YOUR HONOR, IF I COULD

7 SPEAK FOR ONE SECOND?

8 THE COURT: SURE.

9 THE DEFENDANT: MY EX-WIFE HAS --SHE GOT

10 IN A CAR ACCIDENT -- ONE TIME SHE GOT IN A CAR

11 ACCIDENT ONE TIME. GOT REAR ENDED BY A CAR AND SHE

12 CALLED 911 AND SHE SAID THEY --

13 THE COURT: MR. SCHULZ, Y'ALL JUST BOTH

14 NEED TO STOP.

15 THE DEFENDANT: I UNDERSTAND.

16 MR. DUTTON: OTHER CONDITIONS, DRUG

17 ALCOHOL?

18 THE COURT: ONLY IF THEY DETERMINE. I

19 JUST WANT PROBATION TO DO AN EVALUATION BECAUSE OF

20 HIS PRIOR HISTORY. IF THERE IS NO ISSUE ANYMORE

21 THERE IS NO ISSUE ANYMORE, IT'S OVER.

22 MR. DUTTON: MY UNDERSTANDING IT'S A

23 NEGOTIATED PLEA. ITS BEEN CHANGED.

24 THE COURT: YOU COULD OBVIOUSLY WITHDRAW

25 IT. ALL I'M DOING IS BUILDING IN TIME IF THERE IS

15
 1 A PROBLEM. SHORTENING IF THERE IS NO PROBLEM. I'M

2 PUTTING IT ON THE RECORD SO IT'S THERE FOR YOU. I

3 KNOW THAT YOU GET IT ESPECIALLY WHEN I EXPLAIN IT

4 THAT WAY OF WHY I DEVIATED.

5 MR. DUTTON: I HAVE EXPLAINED IT TO HIM.

6 HE IS A LITTLE CONFUSED. HE UNDERSTANDS NOW THAT

7 OBVIOUSLY THE 10 YEARS DOES NOT MEAN THAT THE COURT

8 NOT CONSIDER IF HE CONTINUES TO FOLLOW --THESE

9 ALLEGATIONS WERE ALMOST TWO YEARS OLD. AS IT IS

10 WE'LL CERTAINLY BE ABLE TO COME BACK AND ADDRESS

11 AGAIN.

12 THE COURT: I WANT TO KNOW THAT WE DON'T

13 HAVE ANY OTHER ISSUES, AND I WANT MS. YANKEE TO

14 HAVE ASSURANCES FOR NOW THERE IS SOMEBODY ELSE IN

15 THE MIX OF MAKING SURE THAT WE KEEP THEM APART.

16 MR. DUTTON: I UNDERSTAND.

17 THE COURT: AND IF I COULD MAKE A

18 SUGGESTION TO EVERYBODY. I KNOW THESE ARE

19 DIFFICULT CASES. LET'S TRY AND MOVE ON. I KNOW

20 YOU HAVE TO WORK OUT THE BUSINESS ISSUE IN THE

21 COURT, BUT AFTER THAT LET'S --

22 MR. DUTTON: HE HAS A NEWBORN BABY. HE'S

23 MOVED ON, JUDGE.

24 THE COURT: ALL RIGHT.

25 MR. DUTTON: THANK YOU VERY MUCH.

16
 C E R T I F I C A T E

STATE OF GEORGIA:

COUNTY OF FULTON:

I DO HEREBY CERTIFY THAT THE FOREGOING

PAGES ARE A TRUE, COMPLETE AND CORRECT TRANSCRIPT

OF THE PROCEEDINGS TAKEN DOWN BY ME IN THE CASE

AFORESAID. (AND EXHIBITS ADMITTED, IF APPLICABLE).

THIS CERTIFICATION IS EXPRESSLY WITHDRAWN

AND DENIED UPON THE DISASSEMBLY OR PHOTOCOPYING OF

THE FOREGOING TRANSCRIPT, OR ANY PART THEREOF,

INCLUDING EXHIBITS, UNLESS SAID DISASSEMBLY OR

PHOTOCOPYING IS DONE BY THE UNDERSIGNED OFFICIAL

COURT REPORTER AND ORIGINAL SIGNATURE AND SEAL ARE

ATTACHED THERETO.

THIS, THE 18TH DAY OF AUGUST, 2020

/S/ KAREN RIVERS

***(KAREN RIVERS), CCR-***2575
RPR, OFFICIAL COURT REPORTER
SUPERIOR COURT OF FULTON COUNTY