Well, it looks like Deric has found something with which to occupy himself while he is in prison. He is going to be a jailhouse lolyer.
There was a bit of a panic by a few after hearing the news that Deric was granted permission to go ahead with his appeal by the same judge that presided over the March hearing, but this turns out to be something that is fairly routine when it comes to the court of appeals.
The appeals court is something quite different than the lower courts. Virtually all the proceedings are done through briefs filed with the court by parties involved. Nobody appears before the judges in these courts. Deric cannot use the process to gain some “outside time.”
There will be no trips to Cincinnati Ohio to appear in court all dressed up.
Deric, instead will spend his years in prison, pen (or pencil) in hand trying to argue his way out of jail.
Getting things done in court is a lengthy process. It will probably take months for this first appeal is ruled upon. By that time Deric will be getting settled into his new digs and be on the way to learn a new profession to practice when he is released.
Since he currently works at a restaurant, he will probably be a cook.
Some things you just cannot make up. When I read the order allowing Deric to go ahead with his appeal, I was amused to see WHERE the case was headed.
The court that will either rule on or hear Deric’s appeal is located in Cincinnati, Ohio. Nice that he had to choose a city that I always Misspell.
I am now going to have to refresh myself on how the court of appeals works and what chances are that Deric has of going to get anywhere acting as his own lawyer with a court of this high level.
This is getting more interesting than I had anticipated.
I am scratching my head at this one, but considering how busy the courts are, I am not exactly surprised that Deric was able to pull the wool over the eyes of the federal court.
The court says Deric does not have to pay the $505.00 fee to start the ball rolling on his appeal. Now the thing to watch for is what the grounds for his appeal might be. As much as I wish he would invest in a typewriter, I assume we all will have to incur eye strain in order to read whatever argument he submits to the court.
Looks like next week is shaping up to be an interesting one.
Someone posted last evening about Deric being on probation either before or after his pending imprisonment this coming May. On the twitter account that is claimed to be owned by his wife, this article was posted.
She claimed that the Probation option was eliminated by Congress in 1987 which is sort of correct. What she conveniently left out, however, is there is a new thing in place that is called supervised release.
Within the article was a link to this one which explains why probation was eliminated and why this does not bode well for Deric:
His wife should have wished that a parole option was in place for Deric. Under this new system, matters only got worse for him.
The revelation of the document release today has raised more questions than answers as those interested in Deric’s criminal case absorb what he has filed with the court.
A common thread in all of the questions is how is he and his wife able to live an elaborate lifestyle on what amounts to $75.00 a week and $535 per month in food assistance.
On the recent twitter account claimed to have been created by his wife, she posts about a lifestyle that goes far beyond the above income. And Deric does not explain how he is able to afford an apartment costing $850.00 per month and the $400 in utilities he is claiming to be paying.
There is also the cost of the car he claims is only worth $1500.00 to operate. The car payment, insurance, gasoline and so forth.
This is all just the tip of the iceberg. These are also questions that court will be sure to ask. Deric is going to have a lot of explaining to do.
And now that he is is own lawyer, the job of explaining is about to get a whole lot tougher.
Deric Lostutter has filed paperwork with the court claiming he is broke. I would suspect that this is an attempt to get out of paying the fine he owes the court as part of his sentencing.
In examining the submission by Deric, I found a general outline of what had been his lifestyle and also some interesting financial information that came out.
As part of filing such an appeal with the court, Deric is required to submit a highly detailed report outlining his assets and liabilities as well as anyone dependent on his income along with their assets and liabilities.
What is interesting here is that Deric has claimed to have gone from an income of $3000.00 per month to a current $315.00 income for the past month and what would be expected next month. Keep that amount in mind for it will be important later. Another entry to take note of is the $535 that his wife gets per month in “food assistance.” Deric did not count this as income.
The first thing we learn or can assume is that Deric is only working part time at a local fast food restaurant. He is making a bit more than $75.00 a week (or so he claims) since May of last year. That brings up more questions later on.
Now here you can see that Deric is claiming that both he and his wife are in the red. He is claiming to owe $635.00 in business related debts and his wife apparently is over drafted in her checking account.
Between them, he claims they only have $32.oo cash in their possession. When one reads the new FreeDeric twitter account, some entries there point out some things that would call this and other claims in his filings into question.
Now Deric lists the value of his 2007 Saturn Aura at $1500. Being in the automotive sales business, I was a bit curious how he came up with this one.
I spent a bit of time going through dealer listings all over the country for this car and assumed it was over 100 k miles which drops the value considerably. This listing was in the middle price range with some coming in more and some a bit less.
If he is only putting a value of $1500.00 on that thing, I would put my ass on a plane with a cashiers check in the morning to take it off his hands. There is a bit of a problem, however, more on that later.
He also left the registration number blank. That is usually either the vin or plate numbers so that the government can check for themselves on what the thing is worth.
Here Deric is declaring that neither he nor his wife is expecting any money from anyone. Apparently their donation sites are not doing well.
Next we see that he has a 9 year old son along with his daughter living with him. Note that nobody remembers seeing any images of his son on any of his internet accounts.
Now this is where things get really interesting. One notable expense is ENTERTAINMENT. Deric claims to only make $315 a month yet is able to spend more than half of his income on entertainment.
Now comes another interesting entry, $30.00 per month for clothes. Normally when people buy clothes, they last a while. Also you can get great deals at thrift stores and Goodwill.
I guess Deric can use the excuse he needs the money for suits for when he goes to court. Which is something he seems to do a lot.
Now he claims to owe no taxes which is rather odd and also note his car payment. $288 a month for a car he claims is only worth $1500.00???
Another thing to point out is that he has a $140.00 insurance payment on top of this. I would assume that he had to have full coverage on the car and with the usual deductibles put in place by insurance companies, he is likely only able to get $500.00 in the event it is totaled in an accident.
Now if that is not enough to leave people in wonderment, let us explore these next entries:
If I read this correctly, the amounts on the right belong to the wife. Note that there is a $275 alimony amount that is paid OUT by her. There is also a monthly amount of $150 for a credit card installment. If she is paying the minimum amount, that means she has around $3000.00 give or take in either credit debt or line of credit.
He is putting his total debt on his end at $3253 which begs the question as to how is he able to afford to keep his apartment and car when he is only making $315.00 a month.
The last entry reveals that He has either paid or claims will be paying $4700 in legal fees. I had heard that he was being represented pro bono but if this claim is correct, he actually paid for his legal representation and got off fairly cheap.
By studying this submission, I am sure the court is going to have a lot of questions one of which is how Deric is able to have such an enormous amount of debt when he is only generating a fraction of the funds needed to do so.
I am also wondering if the court is going to do an audit of his various donation sites and other accounts to see if they can prove or disprove his claims.
One other thing that Deric left out is what about all of his taxes and license fees? As a business owner he has to file a 1099 on his business. He also has to file a w2 on his employment regardless if he had to pay taxes or not. The court will want to see those. And what about renewing his auto tag. In NC that is somewhere between $50 and $75 bucks. And if the court sees the new twitter account, will that raise some concerns by the judge?
I think Deric may have gotten himself into more trouble which seems to be a talent of his.