1 00:00:00,080 --> 00:00:02,800 Speaker 1: Also today that Scott Watson trial gets another turn in court, 2 00:00:02,880 --> 00:00:05,040 Speaker 1: our Court of Appeal. We'll hear his case for a 3 00:00:05,080 --> 00:00:07,480 Speaker 1: second time. So Watson spent twenty five years, of course, 4 00:00:07,800 --> 00:00:10,520 Speaker 1: behind bars, being convicted of the murders of being smart oliby. 5 00:00:10,560 --> 00:00:12,440 Speaker 1: I hope that was back in nineteen ninety eight. He's 6 00:00:12,480 --> 00:00:15,960 Speaker 1: always denied it. So today's about new evidence. Criminal defense 7 00:00:16,000 --> 00:00:19,480 Speaker 1: lawyer John munroe'z with us on this John Morning, Good morning. 8 00:00:19,560 --> 00:00:21,560 Speaker 1: Have you followed this with a fascination over the years 9 00:00:21,560 --> 00:00:22,520 Speaker 1: like many of us? 10 00:00:22,840 --> 00:00:26,360 Speaker 2: Oh, gosh, I have this case. I was in university 11 00:00:26,400 --> 00:00:30,200 Speaker 2: when this case was on last time or the actual trial, 12 00:00:30,320 --> 00:00:33,920 Speaker 2: and it had all the big lawyers around and criminal 13 00:00:34,000 --> 00:00:37,040 Speaker 2: lawyer at the time prosecuting and defending it, and I 14 00:00:37,200 --> 00:00:39,280 Speaker 2: followed it day by day. 15 00:00:39,400 --> 00:00:41,800 Speaker 1: I suppose what's interesting about this is this is DNA, 16 00:00:41,840 --> 00:00:43,680 Speaker 1: and DNA has changed a lot in the last twenty 17 00:00:43,680 --> 00:00:44,519 Speaker 1: five years, hasn't it. 18 00:00:45,479 --> 00:00:47,440 Speaker 2: Yes, it has. There's been a lot more now on 19 00:00:47,520 --> 00:00:51,519 Speaker 2: things such as transference especially. I think we've got two 20 00:00:51,600 --> 00:00:53,680 Speaker 2: years in this case that are going to be the 21 00:00:53,720 --> 00:01:00,600 Speaker 2: subject of some argument, but transference of DNA much more 22 00:01:02,000 --> 00:01:06,120 Speaker 2: understandable now, and such and also such as has much 23 00:01:06,120 --> 00:01:07,320 Speaker 2: easily more transferab ones. 24 00:01:07,640 --> 00:01:13,000 Speaker 1: Can the whole case turn on two heirs, There's. 25 00:01:12,760 --> 00:01:15,959 Speaker 2: Going to be no, no. But the key issues whether 26 00:01:16,000 --> 00:01:20,600 Speaker 2: they's had a proper trial or a fair trial such 27 00:01:20,640 --> 00:01:24,520 Speaker 2: that a just result as has been obtained, and so 28 00:01:24,680 --> 00:01:26,600 Speaker 2: it won't just turn on the heirs, but there'll be 29 00:01:26,720 --> 00:01:29,720 Speaker 2: other things. I think there's another issue about identification, proper 30 00:01:29,720 --> 00:01:33,319 Speaker 2: identification of him on the boat that night on the 31 00:01:33,319 --> 00:01:37,160 Speaker 2: water taxi. So that's going to be a key issue 32 00:01:37,160 --> 00:01:40,040 Speaker 2: and probably probably the main issue, and as well as 33 00:01:40,080 --> 00:01:41,800 Speaker 2: the DNA, and they'll be able a little bits and 34 00:01:41,800 --> 00:01:42,639 Speaker 2: pieces as well. 35 00:01:42,840 --> 00:01:47,080 Speaker 1: What are the options for the judge, Well, the judge 36 00:01:47,120 --> 00:01:47,840 Speaker 1: can do three things. 37 00:01:47,880 --> 00:01:51,880 Speaker 2: They can dismiss the appeal outright, the judge the judges 38 00:01:51,960 --> 00:01:56,320 Speaker 2: I should say that judges should could dismiss the appeal 39 00:01:56,360 --> 00:01:58,680 Speaker 2: but still make some findings within it that were wrong 40 00:01:58,840 --> 00:02:01,760 Speaker 2: even though they dismiss it. They could allow the appeal 41 00:02:01,920 --> 00:02:05,000 Speaker 2: and have a retroal. They could allow the appeal and 42 00:02:05,040 --> 00:02:07,160 Speaker 2: not have a retrial, given they serve so much time. 43 00:02:09,120 --> 00:02:11,040 Speaker 1: I mean, I won't ask you what's the likely outcome 44 00:02:11,040 --> 00:02:13,920 Speaker 1: because you have nearly evidence. You say there's a retrial 45 00:02:14,639 --> 00:02:17,880 Speaker 1: that's fraught given the timeframe, isn't it. 46 00:02:18,800 --> 00:02:24,079 Speaker 2: Yes, Yes, it would be. And also because there's been 47 00:02:24,120 --> 00:02:27,840 Speaker 2: so much to and fro on this case, on appeals 48 00:02:27,840 --> 00:02:30,239 Speaker 2: over the years and things like that, so I'd be 49 00:02:30,360 --> 00:02:32,320 Speaker 2: unlikely I would think that that would happen. 50 00:02:33,080 --> 00:02:36,000 Speaker 1: Do we have a good justice system given the appeals, 51 00:02:36,040 --> 00:02:38,280 Speaker 1: given the amount of time the suspend in court, given 52 00:02:38,280 --> 00:02:40,720 Speaker 1: the number of people time and energy has looked at 53 00:02:40,720 --> 00:02:43,640 Speaker 1: it in other words, where you can't say we haven't 54 00:02:43,639 --> 00:02:44,360 Speaker 1: had a good crack. 55 00:02:45,800 --> 00:02:48,480 Speaker 2: Yeah, that's right. Look when I see things such as 56 00:02:48,480 --> 00:02:52,560 Speaker 2: appeals like this and they go on, they might be 57 00:02:52,600 --> 00:02:55,280 Speaker 2: re appeals, et cetera, et cetera, I always think that 58 00:02:55,280 --> 00:02:58,880 Speaker 2: that's a justice system that's working in my view, because 59 00:02:58,880 --> 00:03:02,200 Speaker 2: it shows that we can really striving to get to 60 00:03:02,360 --> 00:03:06,800 Speaker 2: make sure that we get the end result right and 61 00:03:06,919 --> 00:03:09,880 Speaker 2: we exhaust all options. So to me, it's always a 62 00:03:09,880 --> 00:03:13,000 Speaker 2: good sign which has been a good justice system. 63 00:03:13,080 --> 00:03:15,760 Speaker 1: Yeah, exactly, John, appreciate your time very much. John Munroe, 64 00:03:15,760 --> 00:03:18,760 Speaker 1: who's criminal defense lawyer. So that's in the appeal court. 65 00:03:19,639 --> 00:03:22,560 Speaker 2: For more from the Mic Asking Breakfast, listen live to 66 00:03:22,680 --> 00:03:25,720 Speaker 2: news talks it'd be from six am weekdays, or follow 67 00:03:25,760 --> 00:03:27,359 Speaker 2: the podcast on iHeartRadio.