At long last we’ve received the audio transcript [AUDIO]of the February 11th hearing in which Andy Esquivel was ordered “held for restoration” (of sanity) at the Utah State Mental Hospital. At this hearing Alan Brady also received a stern warning against continuing to pretend to be Andy Esquivel’s attorney.
It was an eventful hearing to say the least!
First of all, Andy’s public defender was not present at the hearing. He’s still very much in charge of the case, but it’s curious that he was not able to attend. Has Andy pissed off another public defender? Telling is the fact that before the end of this audio transcript we hear Andy meekly declare to the judge “…he lied last time, I don’t trust him” as the Judge continued to explain that all motions need to be filed through his attorney and could not be submitted willy-nilly to the court.
Which brings us to Alan Brady: As you all know, Alan Brady has been acting as Andy’s pseudo-attorney for years now, helping him draft legal-looking court documents and such to perpetuate Andy’s various schemes. Alan’s latest foray into make-believe legal work has been to draft a motion for dismissal on Andy’s behalf and to file it with the court. Alan apparently told the attorney assisting Andy in court on the 11th about thee motions he’d been drafting and filing and got spanked! We don’t obviously have a recording of the conversation, but the attorney mentioned several times in the audio transcript before the Judge that she told Alan in no uncertain terms that drafting legal documents and pretending to be an attorney (as he’s been doing for years now) is illegal. She states that she told Alan flatly (and reminded him indirectly several times in court) that Andy can draft motions if he wants to, but if Alan continued to do so, he could be charged.
It was actually telling how much time the court spent on this subject and I think everybody in that room knew Alan Brady was walking on very thin ice.
The state submitted a motion to have Andy held for restoration (of sanity) which the court accepted. Andy through his stand-in attorney saying that he’s been in jail for a long time and that he wanted his ‘bail’ reduced so that he could attend to some medical issues. The court (and his representation) explained that bail wasn’t an issue since he was being held for restoration and is basically going to be incarcerated until his various delusions are cured (you know, the ones where he’s a genius inventor who’s being persecuted by a shadowy conspiracy to cost the world millions and billions of dollars). In other words, either Andy admits that he’s a con-artist, that all his ‘inventions’ are fake, that Wiser Technology and Xtagged were basically scams and that he’s been lying all this time in order to screw people out of money, or he stays in the state mental hospital until the state gets bored and decides to drop the charges against him.
Once it started to sink in for Andy that he was likely to remain in state custody for a very long time, he he suddenly had a change of heart about those “misdemeanors and no jail time” that he’s been complaining that his attorneys tried to trick him into taking ages ago. “I’ll take the misdemeanors and no jail time then,” he said desperately to the end of the transcript, but as the court explained – it’s too late.
One thing Andy tried to do made at least some sense – he tried to file a motion (or rather Alan Brady tried to file a motion on Andy’s behalf) to strike the jury trial and switch to a bench trial where the Judge has more latitude to act. Unfortunately, Alan isn’t an attorney and the court made it clear to Andy that no such motion would be considered unless it came directly from his public defender. Ironically, Alan (and Andy) got the idea to strike the jury trial form this website. Your welcome for the free legal advice fellas. 😉
Andy Esquivel has been sentenced to a state mental institution until he is determined to be mentally competent to stand trial for three felony counts of securities fraud. He remains in custody at Davis County Jail and a competency evaluation has been set for August at which time Judge Connors will determine when the trial can proceed.
We’ve known for some time that Andy Esquivel was crazy and we’ve been saying as much here on this blog and on it’s predecessor websites for years. Only a lunatic could seriously claim to have invented such outlandish creations as an alcoholic energy drink that’s supposedly endorsed by Mothers Against Drunk Driving, or an inflatable car cover that deflates your tires to spare your paint, or radioactive fingernail polish actuated tabled that uses blue-tooth to broadcast your complete medical history to everyone around you in a bar.
Once Andy has received the medication (and detoxification) he requires, the hope is that he will be able to accept responsibility for what he has done and the trial can move forward. If Andy is lucky his public defender will then be able to convince him top plead guilty to the charges against him so that he can serve his time and move on with his life.
Eventually Andy might even be able to become a fully functioning, gainfully employed member of society – one who pays taxes, child support, and lives by the fruits of his own labor instead of the ill-gotten gains from his various scams. One can only hope.
In the meantime at least, Andy Esquivel remains off the streets and more importantly off the Internet. He is no longer a danger to himself or to others. If we are lucky, then his equally delusional followers will learn a lesson from this long drama – in the end you can’t con your way into wealth. You have to add as much value to this world as you expect to take out of it.
Hear that Alan Brady, Shar Jenkins, Steve Klemark and John Steer? Get lives, get jobs, and stop chasing the quick buck. Oh yea, and leave those drugs alone!
As Andy has been found mentally incompetent to stand trial due to his obvious insanity, a hearing has been scheduled for August 12th to determine whether by that time he will be sane enough for the trial to continue.
More details to come – we’re waiting for the audio transcript of the February 11th pre-trial to understand the full details. Andy remains incarcerated in Davis County jail until further notice.
Case update available here: [PDF]
On January 7th a visibly agitated Andy Esquivel walked into court and faced Judge Connors after the first of two psychiatrists found him mentally incompetent to stand trial. According to the audio transcript which we acquired from the court, the first psychiatrist found that Andy suffers from delusions and is bi-polar. Andy’s defense attorney stated that a second mental evaluation will more than likely find the same, so the trial needs to be postponed until Andy can receive the medication (and possibly hospitalization) he needs.
The prosecutor protested the fact that Andy can’t seem to get himself together enough to meet with the second psychiatrist pointing out that Andy’s obstructive behavior has caused this case to drag on for a seeming eternity. He pointed out that the first pre-trial was more than two years ago and that Andy’s behavior has been going on for more than five years now. The prosecutor requested that the court incarcerate Andy to keep him from continuing to be a hindrance to the case.
Judge Connors agreed with the prosecutor, but before sending Andy off to jail allowed Andy one more chance to explain himself. Andy took the opportunity to launch into a lunatic rant in which he claimed he was not insane, that eh would not take misdemeanors, that he’s been called a liar in front of the whole world (as if anybody other than his victims and Alan Brady are actually paying attention to this trial), that he has some assorted motions that he swears he filed, blah, blah, blah… none of this impressed the judge at all, and when Andy said “I’ll go to jail right now to prove (something)”, Judge Connors only replied “Well, I’ll give you that opportunity in a minute.” While being hauled off to jail, ANdy continued ranting “I want protective custody! I’ve been threatened in this jail! Blah, blah, blah…” I was half expecting him to spout out that he was Napoleon or something.
Today was Andy’s pre-trial to discuss the results of the second mental evaluation in jail. Andy remains in custody, so I doubt the results were helpful to Andy’s case. As always, I’ll keep you all posted on what happens.
An audio transcript of the January 7th hearing can be found here: [AUDIO]
Before he was incarcerated Andy Esquivel posted this Youtube video which supposedly captures his mental evaluation for his supporters. The video is a hidden link and not available without a direct link. We have sources who were able to find the link so that we can share it here with you now.
This is about as silly as it gets. The person in the video who’s pretending to be Andy’s psychiatrist asks if Andy thinks this is all the result of a conspiracy. Andy repeats his lunatic refrain that it is in fact a conspiracy carried out by a bunch of bloggers (Kyle, Chris, Ryan, his ex girlfriend, etc., most of whom don’t blog) and “former employee” Daryl Acumen (who never worked for Andy). The voice essentially says “ok, I’m good” and then wraps up the interview.
If the video were in fact a recording of Andy’s actual evaluation (which is is not), then it would explain why Andy was subsequently thrown in jail so that the court could get a second, more thorough evaluation. of course, the video is staged and the second evaluation was required only to make sure both psychiatrists were impartial.