WEBVTT - 10-16-25 Sloan with Jason Philabaum

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<v Speaker 1>You want to be an American.

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<v Speaker 2>Rodney Hitton Juniors accused of killing Hemmelin County Sheriff Deputy

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<v Speaker 2>Larry Henderson maysecond, and he this is the guy who

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<v Speaker 2>took his car, drove around looking for a deputy to

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<v Speaker 2>run over, and runs over a deputy Henderson, And all

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<v Speaker 2>Henderson was doing is working traffic control, operating a light manually.

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<v Speaker 2>At UC's graduation ceremony a few hours earlier, Hinton and

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<v Speaker 2>his family got to look at body camera video of

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<v Speaker 2>his eighteen year old son Ryan being fatally shot by

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<v Speaker 2>Cincinnati Palasi. Video we've subsequently seen and said that kid

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<v Speaker 2>had it coming, running with a gun in his hand,

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<v Speaker 2>dropping at picking back up, not complying with law enforcement,

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<v Speaker 2>and Rodney hinting to showed the level of a sociopath

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<v Speaker 2>that he and maybe his son was decided that his

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<v Speaker 2>son was completely innocent and we're going to have a

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<v Speaker 2>shooting space as such. By the way, the Hinton family

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<v Speaker 2>is still trying to file lawsuits and make this a

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<v Speaker 2>case against CPD and officers and saying that justice was

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<v Speaker 2>not served in the shooting of the sun even though

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<v Speaker 2>this kid is running around with a gun, stealing cars

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<v Speaker 2>and committing violent crimes with impunity. That's not the kind

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<v Speaker 2>of people we need on the street. And you know

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<v Speaker 2>that that pervasive attitude that permeates in the community is

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<v Speaker 2>now trickled up to the mayor's office. But nonetheless, yesterday

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<v Speaker 2>a court appointed forensic psychologist found Rodney Hinton, Junior, the dad,

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<v Speaker 2>suffering from serious mental illness, making him ineligible for the

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<v Speaker 2>death pedal. The question is is he going to avoid punishment.

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<v Speaker 2>We're going with the not guilty by reason of an

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<v Speaker 2>insanity plea and this is just a preliminary by the way,

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<v Speaker 2>this is a court appointed psychiatrist who was doing this

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<v Speaker 2>and there's a long way to go and we'll find

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<v Speaker 2>out if and when Rodney Hinton will face the death penalty.

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<v Speaker 2>Jason Philibaum, attorney at law, former prosecutor and Butler County

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<v Speaker 2>defense attorney, now joins the show.

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<v Speaker 1>Jason, how you been, good morning? Doing well? Thank you?

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<v Speaker 2>All right, We've had this discussion before about NGRI. But

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<v Speaker 2>so the diagnosis for Hinton is bipolar disorder psychosis. A

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<v Speaker 2>psychologist concluded that mental illnesses impacted and paired him to

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<v Speaker 2>his ability to exercise rational judgment at the time of

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<v Speaker 2>his offense. His attorney a very good attorney, and Clyde

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<v Speaker 2>Bennett argues that hit and didn't understand the wrongfulness of

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<v Speaker 2>his conduct. But I look at this and go, I

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<v Speaker 2>know prosecutors are going to look at a second opinion.

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<v Speaker 2>This is very early in the game. But you know,

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<v Speaker 2>when you drive around and you stalk your prey, that

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<v Speaker 2>tells me that you are of right mind, you know

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<v Speaker 2>exactly what you're doing. This is a really difficult approach

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<v Speaker 2>that they're using here, isn't it.

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<v Speaker 3>Yes, I think there's two things to consider. The first

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<v Speaker 3>thing is to consider or whether or not he should

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<v Speaker 3>be not guilty because of insanity, and that's a very

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<v Speaker 3>specific definition of whether he knew essentially the wrongfulness of

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<v Speaker 3>his action. The second question, which is what they were

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<v Speaker 3>kind of discussing yesterday, is whether he should be executed

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<v Speaker 3>because of his mental health disorder.

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<v Speaker 1>I mean, the one thing.

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<v Speaker 3>I always tell jury's and I've always told people, is

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<v Speaker 3>people that commit crimes aren't mentally normal. I mean that's

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<v Speaker 3>you know, everyone that essentially commits it, a violent crime

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<v Speaker 3>like that has some issue going on. The question is

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<v Speaker 3>is the issue the mental health so severe that it

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<v Speaker 3>is prohibited? You know, to have the state use the

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<v Speaker 3>death penalty, and I think that's what they're looking at

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<v Speaker 3>right now. And Clyde, he does do a good job

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<v Speaker 3>in this case. He's he's essentially attacking it from two

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<v Speaker 3>different angles. He's saying, my client's not guilty because he's insane,

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<v Speaker 3>and if you find him to be sane, then you

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<v Speaker 3>can't put him to death because his mental health is

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<v Speaker 3>so severe that that's not applicable to him.

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<v Speaker 2>Right the law Jason Philibama, believe correct, my Brian, you're

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<v Speaker 2>the attorney. I'm not. But are there are four specific

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<v Speaker 2>mental illnesses that make defendants death penalty and eligible? And

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<v Speaker 2>so how does the law define significantly impaired to exercise

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<v Speaker 2>rational judgment, which is what's going on here, and the

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<v Speaker 2>evidentiary standard prosecutors have to the burden they have to

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<v Speaker 2>overcome to still pursue the death penalty.

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<v Speaker 3>Yeah, the answer to that is probably a good law

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<v Speaker 3>school class. But the in shorts, I think it was

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<v Speaker 3>House Bill one thirty six that essentially prohibits the death

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<v Speaker 3>penalty for those that were diagnosed with schizophrenia, I think

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<v Speaker 3>schizophrenic disorder, bipolar disorder, and delusional disorder. But again it

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<v Speaker 3>has to be something that's significant. You know, anyone that's

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<v Speaker 3>abused drugs usually will have some type of diagnosis with bipolar.

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<v Speaker 3>But if it's not significant enough to impair and essentially

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<v Speaker 3>effect their everyday life to the extent that you know,

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<v Speaker 3>that's that's something I think would be a factual decision

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<v Speaker 3>that has to be determined.

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<v Speaker 1>Yeah, got it.

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<v Speaker 3>And so what you're going to what you're going to

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<v Speaker 3>have from a preliminary standpoint is one psychologist basically said, yes,

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<v Speaker 3>it's severe enough that he shouldn't be facing the death penalty,

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<v Speaker 3>at least that's what we kind of got from the

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<v Speaker 3>court yesterday. And then the state's going to get a

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<v Speaker 3>second opinion, which happens all the time, this is not abnormal.

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<v Speaker 1>And if that.

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<v Speaker 3>Doctor says it's not, then I think you're going to

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<v Speaker 3>say that the judge is going to say, let the

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<v Speaker 3>jury decide that, and I'll explain that in a minute.

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<v Speaker 3>But okay, if the second opinion comes back and says no,

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<v Speaker 3>it's severe, then all of a sudden, you've got two opinions,

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<v Speaker 3>one from the defense one from the state, and they

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<v Speaker 3>both say it's severe. Then you're going to have the

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<v Speaker 3>situation where the state.

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<v Speaker 1>May take the death bone of the office table themselves.

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<v Speaker 2>Yeah, okay, And there's a high bar as there should

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<v Speaker 2>be for an insanity defense, because mental illness alone doesn't

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<v Speaker 2>mean legal insanity.

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<v Speaker 1>There's a distinction.

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<v Speaker 2>There's what you're saying, and so many people to buy Paul,

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<v Speaker 2>disordered psychosis can distinguish right from wrong. I don't know

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<v Speaker 2>if I'm the prosecutor, IM look at this going, well,

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<v Speaker 2>he knows how to the rational behavior would be. He

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<v Speaker 2>gets in a vehicle, he operates a motor vehicle, presumably

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<v Speaker 2>abides by most of the traffic laws. Anyway, on that date,

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<v Speaker 2>he's looking for a target. He's out there basically stalking,

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<v Speaker 2>looking for law enforcement officer to kill, maybe even a

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<v Speaker 2>white law enforcement officer. The statements and what statements he

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<v Speaker 2>made before during because I guess when they're showing him

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<v Speaker 2>the video, he just kind of stormed out. The family

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<v Speaker 2>tried to calm him down. He was just angry. But

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<v Speaker 2>a lot of people commit crimes when they're angry. Look

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<v Speaker 2>at the shootings at Fountain Square, that's probably about an

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<v Speaker 2>anger street beef. Stuff like that doesn't mean a mental

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<v Speaker 2>mental illness or incompetency, you know, And at the time

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<v Speaker 2>he took off, he struck him and they caught him later.

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<v Speaker 2>And I think all that adds in the fact that

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<v Speaker 2>you know, he made some sound decisions and was of

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<v Speaker 2>the right mind that led up to the death of Ederson.

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<v Speaker 2>I don't know how a jury wouldn't look at that.

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<v Speaker 3>And those are exactly the points the prosecutor is going

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<v Speaker 3>to argue if insanity is allowed to pursue, and you know,

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<v Speaker 3>he has to have a psychologist that also supports the

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<v Speaker 3>insanity defense. And the one interesting thing about that is

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<v Speaker 3>we can't see what these reports say. The judge specifically

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<v Speaker 3>scolded or warned or whatever both parties that they do

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<v Speaker 3>not want this report being leaked, so we don't know

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<v Speaker 3>what's in the report.

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<v Speaker 1>We don't know exactly what was said.

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<v Speaker 3>We can surmise a little bit from the arguments, but

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<v Speaker 3>at the end of the day, the prosecutor is going

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<v Speaker 3>to argue, exactly.

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<v Speaker 1>What you just did.

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<v Speaker 3>This was a calculated This was a planned This was

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<v Speaker 3>premeditated at least by an hour or two, if not,

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<v Speaker 3>you know, a few minutes. It doesn't have to be

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<v Speaker 3>like a year long meditation. It's he planned it, even.

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<v Speaker 1>If it was in a short plan. So I think

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<v Speaker 1>all of.

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<v Speaker 3>Those arguments are what the state's going to argue that

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<v Speaker 3>he is. He is guilty for what he did, and

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<v Speaker 3>insanity does and apply. Now, if he's found guilty, then

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<v Speaker 3>in a death penalty phase, you then have a sentencing phase.

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<v Speaker 3>It's this completely separate hearing. So jury goes back and

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<v Speaker 3>just determines is he guilty or not. And if they

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<v Speaker 3>find him guilty, then the defense and the state get

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<v Speaker 3>together again and they present more evidence. And at this point,

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<v Speaker 3>the state has a burden to prove that the death

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<v Speaker 3>penalty is applicable in this case. And that's where you

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<v Speaker 3>get a lot of mitigation from the defense. You know,

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<v Speaker 3>oh he's a great guy, or oh he has these

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<v Speaker 3>mental illness or get a bad light whatever. And that's

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<v Speaker 3>where these reports really will come into play, because if

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<v Speaker 3>they can convince a jury that he has this serious

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<v Speaker 3>illness that prohibits the death penalty, then the jury won't

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<v Speaker 3>be able to give the death penalty. And what's interesting

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<v Speaker 3>is there's three off ramps for Clyde's clients. The first

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<v Speaker 3>is if both reports come back, maybe the state takes

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<v Speaker 3>it off or the judge says, I'm not going to

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<v Speaker 3>allow it. What's more likely is you're going to have

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<v Speaker 3>competing experts, and so the judge is going to let

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<v Speaker 3>the jury decide, and then the jury is gonna, you know,

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<v Speaker 3>essentially make their decision. If they find the death penalty,

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<v Speaker 3>then the third off ramp will be in a pellet

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<v Speaker 3>court who will look at all the evidence and determine

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<v Speaker 3>and that's where we might see this development the appellate court.

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<v Speaker 3>So there's a lot of sort of moving parts, but

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<v Speaker 3>it really will come down to what this next expert says.

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<v Speaker 1>Gotcha.

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<v Speaker 2>He is a defense attorney. Jason Philobaum our legal expert

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<v Speaker 2>on The Sloan Show talking about Rodney Hitton Junior. I

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<v Speaker 2>know we got the Terry Thigi stuff. We're talking about

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<v Speaker 2>that today as well, but this is an important story

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<v Speaker 2>because he's accused of killing Deputy Larry Henderson. I remember

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<v Speaker 2>that after his son was out with a gun and

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<v Speaker 2>got shot by Cincinnati police officers, I showed them the

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<v Speaker 2>video of the shoot was ruled a deemed a good

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<v Speaker 2>shooting on the part of the police officers because the

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<v Speaker 2>son was running around with a gun stolen car. Eighteen

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<v Speaker 2>year old Ryan Hinton was legally shot by Cincinnati police

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<v Speaker 2>he loses his mind apparently and goes and kills for

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<v Speaker 2>no reason Deputy Larry Henderson as quote unquote revenge. And

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<v Speaker 2>now they're trying to play the well, he had bipolar

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<v Speaker 2>disorder and psychosis, and safe to say, most people have

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<v Speaker 2>some mental illness in their life. I mean, everyone thinks

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<v Speaker 2>they're normal. The rest of the world is affed up,

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<v Speaker 2>but that's not the case. We're all flawed in some way,

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<v Speaker 2>shape or form. I think what he did is beyond

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<v Speaker 2>the effect of psychostist or bipolar disorder. I mean, clearly

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<v Speaker 2>he knew what he was doing when he murdered Larry Henderson,

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<v Speaker 2>and now is just trying to evade his due punishment

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<v Speaker 2>in this case. When a court appointed forensic psychologists to

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<v Speaker 2>testify that he's got these illnesses, Jason, Okay, So he testifies,

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<v Speaker 2>prosecutors will get a second opinion and make contradute the first.

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<v Speaker 1>How does the judge sort this all out?

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<v Speaker 3>Well, it's difficult, but at the end of the day,

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<v Speaker 3>there's some judges that will, you know, try to impose

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<v Speaker 3>their own sort of decision on the case. And we've

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<v Speaker 3>talked about that. We kind of, you know, want a

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<v Speaker 3>judge that's going to more interpret the law and not

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<v Speaker 3>necessarily make the law. So some judges may look at

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<v Speaker 3>this and say, I'm taking the death penalty off the table.

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<v Speaker 3>I have enough to do it because this expert says, So,

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<v Speaker 3>I think what you're going to see more judges do

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<v Speaker 3>is take a look at it, and if it's a

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<v Speaker 3>factual issue, I'm going to let the jury decide it,

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<v Speaker 3>because that's essentially what our society is based on, is

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<v Speaker 3>let the jury decide, you know, the factual issues. Now,

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<v Speaker 3>if it's clear cut, then I think the judge has

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<v Speaker 3>a duty then to take the death penalty off the table.

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<v Speaker 3>So if every expert says this is so severe that

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<v Speaker 3>the death penalty shouldn't apply, then I think the judge

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<v Speaker 3>has a duty to do it. But if you have

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<v Speaker 3>competing experts. One says he is one says he's got issues,

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<v Speaker 3>but not to the point that the death penalty should

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<v Speaker 3>be excluded, then I think most judges are going to

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<v Speaker 3>say I'm going to let the jury decide this. That way,

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<v Speaker 3>you know, there's a fair trial and jury decides, and

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<v Speaker 3>then they're selling a pellet court that's going to look

0:11:32.600 --> 0:11:35.560
<v Speaker 3>at it again and determine whether or not you know

0:11:35.679 --> 0:11:38.480
<v Speaker 3>the judge made the right decision, whether the jury made

0:11:38.520 --> 0:11:40.560
<v Speaker 3>the right decision, and so on. So I think the

0:11:40.600 --> 0:11:43.120
<v Speaker 3>best thing to do is let it go through the process.

0:11:43.160 --> 0:11:45.959
<v Speaker 3>But when a judge sort of takes one side and

0:11:46.480 --> 0:11:49.400
<v Speaker 3>rips away their you're their case, I think that's what

0:11:49.440 --> 0:11:51.480
<v Speaker 3>a lot of a lot of people don't like to see.

0:11:51.640 --> 0:11:55.079
<v Speaker 2>Yeah, and Jason Philibam, the idea here is that we

0:11:55.400 --> 0:11:58.040
<v Speaker 2>know he's guilty. You got you've got in place to

0:11:58.160 --> 0:12:00.920
<v Speaker 2>the scene, you've got the smoking gun, you've got the murder,

0:12:00.920 --> 0:12:02.800
<v Speaker 2>you've got the deliberation, you got the intent, you got

0:12:02.800 --> 0:12:04.520
<v Speaker 2>all that stuff. There's no question about it. He's the

0:12:04.520 --> 0:12:07.480
<v Speaker 2>guy and he did what he did. What Clyde Bennett

0:12:07.520 --> 0:12:08.920
<v Speaker 2>is trying to do in to send some wiggle room

0:12:08.960 --> 0:12:10.480
<v Speaker 2>to save this guy's life, that's all this is.

0:12:10.559 --> 0:12:14.400
<v Speaker 3>Right, Yes, And you know what's interesting is we all

0:12:14.400 --> 0:12:17.360
<v Speaker 3>get to the issue of the death penalty, like you

0:12:17.360 --> 0:12:20.360
<v Speaker 3>know what happened with Charlie Kirk and his assassination.

0:12:21.080 --> 0:12:23.880
<v Speaker 1>At some point, you know, is life in prison worse.

0:12:23.640 --> 0:12:27.240
<v Speaker 3>Than the death penalty? But right now, that's not a

0:12:27.240 --> 0:12:29.920
<v Speaker 3>decision the jury makes. That's not a decision that the

0:12:30.080 --> 0:12:33.680
<v Speaker 3>judge should make or the attorney should make. That's the

0:12:33.720 --> 0:12:36.800
<v Speaker 3>decision of society makes. So they look at this case individually.

0:12:37.200 --> 0:12:40.520
<v Speaker 3>Does the death penalty apply? It does based on the

0:12:40.559 --> 0:12:43.760
<v Speaker 3>alleged facts. And then the second question is should the

0:12:43.760 --> 0:12:47.400
<v Speaker 3>defendant get the death penalty? And all the Ohio law

0:12:47.559 --> 0:12:51.120
<v Speaker 3>did was really sort of podify what the Supreme Court

0:12:51.120 --> 0:12:56.000
<v Speaker 3>has already said. You can't execute the mentally ill, you

0:12:56.040 --> 0:13:01.440
<v Speaker 3>can't execute minors, you can't execute you know, low IQ individuals.

0:13:01.679 --> 0:13:04.120
<v Speaker 3>They and then so Ohile took it one step further

0:13:04.200 --> 0:13:07.520
<v Speaker 3>and said the mentally ill are these four categories, and

0:13:07.559 --> 0:13:08.000
<v Speaker 3>we're not.

0:13:07.920 --> 0:13:09.000
<v Speaker 1>Going to let you do that.

0:13:09.480 --> 0:13:12.120
<v Speaker 3>It still comes down to a factual decision, though, about

0:13:12.120 --> 0:13:15.560
<v Speaker 3>whether or not this individual meets those criteria, and I

0:13:15.600 --> 0:13:18.120
<v Speaker 3>think that's what a jury should decide in this case.

0:13:18.520 --> 0:13:20.480
<v Speaker 1>With that said, if.

0:13:20.240 --> 0:13:23.240
<v Speaker 3>A second opinion comes back and as clear as day

0:13:23.280 --> 0:13:26.400
<v Speaker 3>that this guy's got some problems, then it's just a

0:13:26.400 --> 0:13:30.640
<v Speaker 3>matter of you know, life and prison versus not. And

0:13:30.679 --> 0:13:33.800
<v Speaker 3>I think that's a guilty versus not guilty, and like

0:13:33.840 --> 0:13:35.960
<v Speaker 3>you said, that's not really in question. The question is

0:13:35.960 --> 0:13:39.080
<v Speaker 3>what happens when the jury finds him guilty.

0:13:38.640 --> 0:13:43.679
<v Speaker 2>In this case, does intent override mental illness in that

0:13:43.720 --> 0:13:46.200
<v Speaker 2>the prosecutors claim to hit and intentionally drove in to Henderson,

0:13:46.240 --> 0:13:48.960
<v Speaker 2>I think that's clear that he did. But does that

0:13:49.120 --> 0:13:54.800
<v Speaker 2>evidence of intentional, purposeful, willful conduct undermine a mountal illness claim.

0:13:55.320 --> 0:13:57.760
<v Speaker 3>It does to some extent, But you got to think

0:13:57.760 --> 0:14:00.880
<v Speaker 3>about almost every crime is intent. Imagine the guy that's

0:14:00.880 --> 0:14:04.440
<v Speaker 3>hopped up on drugs and breaks into a house and

0:14:04.480 --> 0:14:06.720
<v Speaker 3>then you know, gets into a fight with a homeowner

0:14:06.760 --> 0:14:11.439
<v Speaker 3>and kills them. That was all intentional. But in this case,

0:14:11.480 --> 0:14:14.600
<v Speaker 3>like you emphasize, which is what the prostitutes and emphasized,

0:14:15.000 --> 0:14:18.560
<v Speaker 3>there was an intent to kill long before you broke

0:14:18.600 --> 0:14:21.280
<v Speaker 3>into a house and stumbled across the homeowner. You know,

0:14:21.320 --> 0:14:24.240
<v Speaker 3>that was sort of a secondary intent. This guy was,

0:14:24.640 --> 0:14:27.400
<v Speaker 3>you know, allisedly driving down the street looking for an

0:14:27.400 --> 0:14:30.480
<v Speaker 3>officer to exact his revenge. And I think that's what's

0:14:30.560 --> 0:14:33.920
<v Speaker 3>going to like you said, probably err on the side

0:14:33.920 --> 0:14:37.720
<v Speaker 3>of Hey, this person was faine enough to coordinate a

0:14:37.760 --> 0:14:41.040
<v Speaker 3>plan of attack to kill this individual standing on the side.

0:14:40.800 --> 0:14:41.240
<v Speaker 1>Of the road.

0:14:41.600 --> 0:14:44.360
<v Speaker 3>And that's going to go against whether or not this

0:14:44.440 --> 0:14:47.400
<v Speaker 3>psychosis is so bad that it should.

0:14:47.200 --> 0:14:48.600
<v Speaker 1>Take a death penalty off the table.

0:14:48.680 --> 0:14:52.160
<v Speaker 2>Now, in the hitting case, how common is it for fase.

0:14:53.000 --> 0:14:55.560
<v Speaker 2>What I believe aggravated murder is what the charge is

0:14:56.080 --> 0:14:58.040
<v Speaker 2>to successfully use mental illness as a defense.

0:14:58.080 --> 0:14:59.600
<v Speaker 1>Here, it's pretty rare that.

0:14:59.560 --> 0:15:04.040
<v Speaker 3>The well, it's it's rare in the guilt phase, but

0:15:04.120 --> 0:15:07.720
<v Speaker 3>it's actually not that. I mean, it's more common in

0:15:07.840 --> 0:15:10.920
<v Speaker 3>the you know, I've had death penalty cases where I

0:15:10.960 --> 0:15:13.280
<v Speaker 3>remember one of my first death penalty cases, the guy

0:15:13.320 --> 0:15:16.320
<v Speaker 3>stabbed the guy twenty three times, and we argue to

0:15:16.400 --> 0:15:18.440
<v Speaker 3>the jury that, you know, he should face the death

0:15:18.480 --> 0:15:21.360
<v Speaker 3>penalty because it was a burglary and a murder, and

0:15:21.480 --> 0:15:24.880
<v Speaker 3>the jury came back and found life. And the reason

0:15:25.120 --> 0:15:27.520
<v Speaker 3>was is, you know, the guy had a bad childhood,

0:15:27.600 --> 0:15:30.400
<v Speaker 3>he had some mental health issues, he was depressed, he

0:15:30.480 --> 0:15:34.440
<v Speaker 3>was anxious, and they felt that was enough to you know,

0:15:34.560 --> 0:15:38.400
<v Speaker 3>take off the death penalty and just do life in prison.

0:15:38.680 --> 0:15:41.320
<v Speaker 3>And I think, because it has to be a unanimous decision.

0:15:41.400 --> 0:15:44.240
<v Speaker 3>So what happens is there's twelve jurors and ten are

0:15:44.280 --> 0:15:48.080
<v Speaker 3>saying death and two are saying no this. You know,

0:15:48.400 --> 0:15:51.920
<v Speaker 3>there there's two reasons why he should maybe not get death,

0:15:52.000 --> 0:15:55.040
<v Speaker 3>and then after two days of deliberation, the jury comes

0:15:55.080 --> 0:15:57.920
<v Speaker 3>back with life because they're thinking, hey, life is worse

0:15:57.960 --> 0:16:00.360
<v Speaker 3>than death. I mean, I'm if I had to spend

0:16:00.400 --> 0:16:02.200
<v Speaker 3>the rest of my life in prison, that's awful. I

0:16:02.200 --> 0:16:08.120
<v Speaker 3>think that's why defense attorneys will argue, and sometimes very successfully,

0:16:08.120 --> 0:16:11.400
<v Speaker 3>that mental health is a reason why you should put

0:16:11.400 --> 0:16:14.120
<v Speaker 3>this person in prison for life instead of death.

0:16:14.760 --> 0:16:18.560
<v Speaker 2>All right, Jason Philibum. Finally, December first, I believe is

0:16:18.600 --> 0:16:22.920
<v Speaker 2>the next hearing. It's insignificant one, and the determination there

0:16:23.040 --> 0:16:25.520
<v Speaker 2>is going to be whether a judge finds hitting death

0:16:25.560 --> 0:16:29.640
<v Speaker 2>penalty and eligible or eligible infandy. That happens December first,

0:16:29.640 --> 0:16:31.960
<v Speaker 2>and I'm sure we'll talk around then. Can prosecutors appeal

0:16:32.000 --> 0:16:34.040
<v Speaker 2>that decision for the trial and what's going to happen

0:16:34.040 --> 0:16:35.600
<v Speaker 2>December first and quickly thereafter.

0:16:37.480 --> 0:16:38.400
<v Speaker 1>That's a good question.

0:16:38.600 --> 0:16:43.160
<v Speaker 3>And you know, typically a prosecutor cannot appeal that decision

0:16:43.840 --> 0:16:48.640
<v Speaker 3>prior to the trial, so the prosecutors have very limited

0:16:48.680 --> 0:16:52.040
<v Speaker 3>appellate rights. It's usually after the fact, and if someone

0:16:52.080 --> 0:16:54.600
<v Speaker 3>has found not guilty, then you know they can have

0:16:54.640 --> 0:16:56.800
<v Speaker 3>an appeal that argues law, but it's not going to

0:16:56.880 --> 0:17:00.200
<v Speaker 3>change the verdict. So in this particular case, I think

0:17:00.240 --> 0:17:03.040
<v Speaker 3>they're probably going to be stuck with whatever the judge decides.

0:17:03.520 --> 0:17:05.240
<v Speaker 1>I mean, they could appeal after.

0:17:05.000 --> 0:17:07.119
<v Speaker 3>The fact, but it's not going to change this case.

0:17:07.720 --> 0:17:10.240
<v Speaker 3>So what's really going to come down to what December

0:17:10.280 --> 0:17:13.800
<v Speaker 3>happens is what their expert says. If they're expert, and

0:17:13.880 --> 0:17:16.240
<v Speaker 3>I would expect their expert comes back and just has

0:17:16.280 --> 0:17:19.360
<v Speaker 3>a different opinions, then I would expect the judge to say,

0:17:19.480 --> 0:17:22.600
<v Speaker 3>let us go to trial and decide. But again, it's

0:17:22.640 --> 0:17:25.880
<v Speaker 3>a situation where you know it's clear that he has

0:17:25.920 --> 0:17:29.760
<v Speaker 3>such a mental health issue that qualifies under this House bill.

0:17:29.880 --> 0:17:31.840
<v Speaker 1>Then and you may.

0:17:31.680 --> 0:17:34.320
<v Speaker 3>See the prosecutor withdraw it himself.

0:17:34.520 --> 0:17:34.920
<v Speaker 1>All right.

0:17:35.200 --> 0:17:38.320
<v Speaker 2>He is James Jason PHILIBAUMA attorney at law, former or

0:17:38.320 --> 0:17:41.800
<v Speaker 2>a prosecutor now in private practice, explaining what the path

0:17:41.840 --> 0:17:45.280
<v Speaker 2>forward is. Here Rodney Hinton Junior, in his insanity play,

0:17:45.320 --> 0:17:49.480
<v Speaker 2>a court ordered psychologist concluded he's got mental health illness.

0:17:49.520 --> 0:17:52.919
<v Speaker 2>It's significant a comparisability to exercise rational judgment when he

0:17:52.960 --> 0:17:56.200
<v Speaker 2>decided to murder and stalk and kill Larry Henderson, which

0:17:56.240 --> 0:17:58.120
<v Speaker 2>I think if I were in a jury, I disagree

0:17:58.160 --> 0:18:00.199
<v Speaker 2>with that. But we'll find out with the defense or

0:18:00.200 --> 0:18:02.240
<v Speaker 2>the I guess the prosecutors move now, and then the

0:18:02.359 --> 0:18:04.880
<v Speaker 2>hearing on December first, and all the whole sorts out,

0:18:04.920 --> 0:18:08.080
<v Speaker 2>but he is Jason Philipon, thanks again for the sharp

0:18:08.160 --> 0:18:10.199
<v Speaker 2>legal insight as always, buddy, appreciate you.

0:18:11.320 --> 0:18:12.240
<v Speaker 1>I appreciate it. Thank you.

0:18:12.320 --> 0:18:14.399
<v Speaker 2>All Right, we move on next up on the Scottslan

0:18:14.440 --> 0:18:16.240
<v Speaker 2>Show on seven hundred W to of course, we start

0:18:16.240 --> 0:18:18.840
<v Speaker 2>with the news updates about four five minutes away, and

0:18:19.160 --> 0:18:21.320
<v Speaker 2>later on we'll get to Dan Hort Thursday Night football.

0:18:21.440 --> 0:18:24.200
<v Speaker 2>Something a little lighter for us today Cincinnati Pittsburgh and

0:18:24.280 --> 0:18:27.200
<v Speaker 2>all closer than that the state of Terry Thiji as

0:18:27.240 --> 0:18:30.639
<v Speaker 2>we await the verdict on her career future, whether and

0:18:30.880 --> 0:18:33.040
<v Speaker 2>you know, again, I don't think it matters if it's

0:18:33.080 --> 0:18:37.440
<v Speaker 2>Thiji or it's U and Chief anybody else for that matter,

0:18:37.480 --> 0:18:39.320
<v Speaker 2>in a long list of people been around and again

0:18:39.359 --> 0:18:41.760
<v Speaker 2>it is the piper that's calling the tune, and the

0:18:41.760 --> 0:18:45.159
<v Speaker 2>piper would be after puer Vault manager sheer Long. I

0:18:45.200 --> 0:18:47.520
<v Speaker 2>don't know, maybe Iris rawling a bunch of others, but

0:18:48.160 --> 0:18:50.920
<v Speaker 2>Fiji is like kind of like when Zach Taylor fired

0:18:50.960 --> 0:18:54.720
<v Speaker 2>lou Ana Rumo last season, and that is it really

0:18:54.760 --> 0:18:58.000
<v Speaker 2>lou Anaruma because he took his show to Indianapolis and

0:18:58.040 --> 0:19:01.960
<v Speaker 2>they're five and one, So is it really the person

0:19:02.040 --> 0:19:04.800
<v Speaker 2>who's subject to the rule or the rulemakers themselves. You

0:19:04.880 --> 0:19:06.320
<v Speaker 2>decide seven hundred wlw