Well, Leonard Embody has given me further information for my blog.
His preliminary hearing was held recently. A preliminary hearing is solely for a judge to make a determination if there was probable cause for the arrest. That’s it. A couple of other matters can be addressed, like a motion to suppress evidence or a motion to dismiss, but those are based on factors surrounding the stop and the arrest, not general law.
So Embody shows up, pro se and is representing himself, and makes a motion to suppress. Of course, he has no clue about what he is doing, so when he is arguing his motion, he starts to offer testimony and the prosecutor objects. Eventually the judge decides to hear the testimony of the officer, who states that as soon as he saw Embody, that he could see an AR-15 slung across his back. As he got closer, he could tell that there was what appeared to be a silencer attached to the rifle, and the officer did not yet realize that the rifle was in a form-fitted kydex case. At that point he had reasonable suspicion to stop based on Tennessee law, since the possession of a silencer is a felony.
That would pretty much do it for the motion to suppress and motion to dismiss.
Of course, Embody brings up all sorts of irrelevant issues during his cross of the officer, the prosecution objects, and the judge sustains the objections. Embody then tries to introduce the ATF documents which would show that the silencer was legal, but has no idea how to lay the foundation nor how to authenticate the documents so he could get them admitted. I was actually very impressed with the patience that the judge had with Embody.
So now the prosecution has a finding that there was probable cause for the arrest and it will go to a grand jury for indictment. And if Embody does not get much better at the legal issues, he’s going to be convicted. He really needs to hire an attorney.
And the best line from the video is from the judge, near the very end. “I don’t think Mr. Embody is crazy, I think he’s stupid.” I will defer to the judge’s wisdom and leave that determination to my readers.
Apparently Embody has a copy of the recording of the hearing and put it up on YouTube. I’ve linked to it below.