1 00:00:01,760 --> 00:00:06,760 Speaker 1: It's Night Side with Dan Ray on WBS Boston's news radio. 2 00:00:07,160 --> 00:00:10,000 Speaker 2: Hiks Dan Watkins for that news I'm Bradley Jay and 3 00:00:10,000 --> 00:00:12,399 Speaker 2: for Dan Ray. We're with Michael con dean of the 4 00:00:12,440 --> 00:00:15,880 Speaker 2: Massachusetts School of Law, and we're continuing with a question 5 00:00:15,960 --> 00:00:19,720 Speaker 2: from Jane in Shrewsbury. And it was complicated to me 6 00:00:19,800 --> 00:00:23,520 Speaker 2: by Dean Coin being the attorney and educated that is 7 00:00:23,560 --> 00:00:27,920 Speaker 2: seemed to grasp the situation right away. And Jane, since 8 00:00:28,080 --> 00:00:31,240 Speaker 2: it's been some time, can you sort of refresh us 9 00:00:31,320 --> 00:00:35,479 Speaker 2: in the simple version of what is what your question is? 10 00:00:35,640 --> 00:00:38,440 Speaker 2: Like the simplest part so even I can get it. 11 00:00:39,320 --> 00:00:42,360 Speaker 3: Yeah, well, I was just going to refresh the last part, 12 00:00:42,520 --> 00:00:44,400 Speaker 3: but I could go through the whole thing again, but 13 00:00:44,479 --> 00:00:47,879 Speaker 3: I don't want to waste I can do. 14 00:00:47,920 --> 00:00:51,040 Speaker 4: The last part. 15 00:00:50,920 --> 00:00:53,720 Speaker 3: Is just if the person can be forced to forfeit 16 00:00:53,880 --> 00:00:56,920 Speaker 3: money that they inherited outside of a will, if they've 17 00:00:57,320 --> 00:00:59,480 Speaker 3: tried to commit a fraud against an estate. 18 00:01:00,080 --> 00:01:03,000 Speaker 5: Yeah, I mean the thing is when I think when 19 00:01:03,000 --> 00:01:07,280 Speaker 5: you're talking about that they've received money outside the estate, 20 00:01:08,120 --> 00:01:10,680 Speaker 5: so that whether it's a bank account that was a 21 00:01:10,720 --> 00:01:15,600 Speaker 5: shared bank account, or some other property you usually. 22 00:01:15,360 --> 00:01:18,760 Speaker 3: Yeah, like insurance or you know, investment account or something 23 00:01:18,840 --> 00:01:19,119 Speaker 3: like that. 24 00:01:19,319 --> 00:01:23,240 Speaker 5: Well, they now have funds, and so those funds could 25 00:01:23,240 --> 00:01:26,199 Speaker 5: it be used to satisfy any judgment you might get 26 00:01:26,240 --> 00:01:30,240 Speaker 5: against them for the fraud that was perpetrated on you 27 00:01:30,319 --> 00:01:33,959 Speaker 5: because you've you've obviously had a significant expense that was 28 00:01:33,959 --> 00:01:37,000 Speaker 5: incurred as a result of this. But it all really 29 00:01:37,040 --> 00:01:39,520 Speaker 5: comes down to can you prove the fraud in the 30 00:01:39,560 --> 00:01:42,800 Speaker 5: first place, because if so, well, then you have an 31 00:01:42,920 --> 00:01:46,000 Speaker 5: argument that these cars that you have a right to 32 00:01:46,040 --> 00:01:48,279 Speaker 5: sue her to try and recover some of this money 33 00:01:48,280 --> 00:01:52,240 Speaker 5: that you've spent, and it's ill gotten gains for her, 34 00:01:52,600 --> 00:01:54,880 Speaker 5: but you'd have a judgment that you could then try 35 00:01:54,920 --> 00:01:57,920 Speaker 5: to attach those that property that she has, whether it's 36 00:01:57,960 --> 00:01:59,920 Speaker 5: insurance or an investment account or whatever. 37 00:02:00,760 --> 00:02:03,560 Speaker 4: Interesting. What do you think your odds approving it are. 38 00:02:05,720 --> 00:02:08,240 Speaker 3: I think the odds are really good, but you just 39 00:02:08,360 --> 00:02:10,640 Speaker 3: never know if you end up before judge. 40 00:02:11,600 --> 00:02:14,040 Speaker 2: Right, Well, that's that sounds like it's a lot of 41 00:02:14,040 --> 00:02:16,440 Speaker 2: stress for you, Jane, Yeah. 42 00:02:16,360 --> 00:02:18,080 Speaker 3: I mean that's the whole thing is. I think the 43 00:02:18,160 --> 00:02:21,760 Speaker 3: person just doesn't realize the imposition they're making on someone 44 00:02:21,760 --> 00:02:25,639 Speaker 3: else's life for their own, you know, wishful state or 45 00:02:25,680 --> 00:02:29,120 Speaker 3: what have you. That there's actually a consequence for somebody else. 46 00:02:29,639 --> 00:02:33,480 Speaker 5: How do you so clearly know that it's a forged document? 47 00:02:34,120 --> 00:02:39,880 Speaker 3: Things, Well, we paid a handwriting expert to evaluate it, 48 00:02:39,919 --> 00:02:43,120 Speaker 3: who said that none of the signatures on it are 49 00:02:43,320 --> 00:02:47,760 Speaker 3: actual original signatures, all of them are copies. 50 00:02:49,280 --> 00:02:50,840 Speaker 4: Is how do you know that person is an expert? 51 00:02:50,880 --> 00:02:53,000 Speaker 2: You know, when they go into court, you're gonna have 52 00:02:53,040 --> 00:02:54,480 Speaker 2: they're gonna have to say where you went to school? 53 00:02:54,520 --> 00:02:55,040 Speaker 4: I learned this, and. 54 00:02:57,800 --> 00:02:59,840 Speaker 2: You're tell me about where you went to school, and 55 00:02:59,880 --> 00:03:01,840 Speaker 2: how long you've been doing this, and do you have 56 00:03:01,880 --> 00:03:04,120 Speaker 2: any degrees in it? And do you belong to any 57 00:03:04,520 --> 00:03:06,600 Speaker 2: handwriting analysis organizations? 58 00:03:06,840 --> 00:03:07,280 Speaker 6: Exactly? 59 00:03:07,919 --> 00:03:11,080 Speaker 5: And there are people with such expertise and they charge, 60 00:03:11,160 --> 00:03:14,240 Speaker 5: they charge good money for their services, and they are 61 00:03:14,440 --> 00:03:18,000 Speaker 5: they There is an ability then to be able to 62 00:03:18,040 --> 00:03:21,520 Speaker 5: say that the document does not compare it to an 63 00:03:21,560 --> 00:03:26,280 Speaker 5: acknowledged original and therefore the indication is that it has 64 00:03:26,360 --> 00:03:29,440 Speaker 5: been forged or taken from somewhere that's improper. 65 00:03:29,639 --> 00:03:32,080 Speaker 4: So my job, as her opponent would be when petees 66 00:03:32,120 --> 00:03:33,440 Speaker 4: this testimony. 67 00:03:32,960 --> 00:03:36,280 Speaker 5: Well, they may have their own expert. They say, yeah, 68 00:03:36,280 --> 00:03:38,640 Speaker 5: they're just the opposite. Oh no, no, this is fine. 69 00:03:38,800 --> 00:03:41,720 Speaker 4: So can you go shop? This is good? Can you 70 00:03:41,760 --> 00:03:45,880 Speaker 4: go shopping, you do for an expert. Hey, look, yeah, 71 00:03:45,880 --> 00:03:48,440 Speaker 4: I got this gig for you. If you can tell 72 00:03:48,480 --> 00:03:52,320 Speaker 4: me these two signatures a match. Isn't that kind of shady? 73 00:03:52,600 --> 00:03:56,400 Speaker 5: It is shady the way the way some experts are obtained. 74 00:03:57,920 --> 00:03:59,240 Speaker 6: But there's a reason for her. 75 00:04:00,400 --> 00:04:03,200 Speaker 5: I don't want my own money being used against me 76 00:04:03,280 --> 00:04:07,720 Speaker 5: at trials, so I need to know before we hire 77 00:04:07,760 --> 00:04:10,960 Speaker 5: you that you can support my version of the events. 78 00:04:11,080 --> 00:04:14,000 Speaker 5: So make an assessment, take a look, and we can 79 00:04:14,040 --> 00:04:18,119 Speaker 5: talk about what I need for you to be able 80 00:04:18,160 --> 00:04:20,920 Speaker 5: to say if I'm going to hire you. But yeah, 81 00:04:21,040 --> 00:04:25,359 Speaker 5: that's the fact is the the the alternative is much worse. 82 00:04:25,400 --> 00:04:28,480 Speaker 5: So now I've paid you five thousand dollars or whatever, 83 00:04:28,960 --> 00:04:31,080 Speaker 5: and you end up showing up for the other side 84 00:04:31,080 --> 00:04:33,120 Speaker 5: to testify, client's going to have to. 85 00:04:33,440 --> 00:04:38,040 Speaker 2: There's a fine line between vetting an expert and influencing 86 00:04:38,040 --> 00:04:38,440 Speaker 2: the expert. 87 00:04:38,480 --> 00:04:40,960 Speaker 5: That's correct, that's correct, And there are times where the 88 00:04:41,000 --> 00:04:43,919 Speaker 5: expert will say, I can't support that. 89 00:04:43,920 --> 00:04:45,400 Speaker 6: That's not the way it looks to me. 90 00:04:45,520 --> 00:04:50,320 Speaker 2: Right now, can they opposition try to prove that you 91 00:04:50,520 --> 00:04:52,960 Speaker 2: did influence the expert to see it your way? 92 00:04:53,200 --> 00:04:53,360 Speaker 6: Oh? 93 00:04:53,440 --> 00:04:58,200 Speaker 5: Sure, that's cross examination. You know who who assisted you 94 00:04:58,240 --> 00:04:59,600 Speaker 5: with it, what they. 95 00:04:59,520 --> 00:05:01,080 Speaker 4: Tell you, what they wanted, etc. 96 00:05:01,440 --> 00:05:04,480 Speaker 5: Well, they're not going to ask that, because the lawyers 97 00:05:04,520 --> 00:05:07,760 Speaker 5: should be smart enough not to tell them what it is. 98 00:05:07,800 --> 00:05:10,120 Speaker 5: But I do want to see the exchange of information 99 00:05:10,320 --> 00:05:13,600 Speaker 5: between them because that would indicate to what extent they 100 00:05:13,600 --> 00:05:16,720 Speaker 5: may have been influenced as ice as the other side 101 00:05:16,720 --> 00:05:19,120 Speaker 5: sees it improperly. So do you think you're going to 102 00:05:19,160 --> 00:05:20,920 Speaker 5: go to court, Jane? If so, can I attend that? 103 00:05:21,080 --> 00:05:22,159 Speaker 5: I think it would be interesting. 104 00:05:25,520 --> 00:05:29,680 Speaker 3: I have no idea like how that, how much notice 105 00:05:29,720 --> 00:05:31,880 Speaker 3: I would have or what have you. I don't It's 106 00:05:31,960 --> 00:05:34,720 Speaker 3: not like a super long drawn out type of trial, 107 00:05:34,880 --> 00:05:38,160 Speaker 3: you know, with a big audience. But there's also the 108 00:05:38,279 --> 00:05:42,919 Speaker 3: chance of settling. But then if we settle, how do 109 00:05:42,960 --> 00:05:45,080 Speaker 3: we even know that the money that the person got 110 00:05:45,120 --> 00:05:49,000 Speaker 3: outside of the estate was legitimately got as well since 111 00:05:49,040 --> 00:05:51,400 Speaker 3: they control the paperwork, since they live in the same 112 00:05:51,440 --> 00:05:56,360 Speaker 3: building as the person who died. Okay, it's very complicated. 113 00:05:56,440 --> 00:05:59,360 Speaker 4: All right. I appreciate you sharing with us. I appreciate 114 00:05:59,400 --> 00:05:59,960 Speaker 4: that very much. 115 00:06:00,960 --> 00:06:05,680 Speaker 2: Luck Wow, speaking of wills and all, this would be 116 00:06:05,680 --> 00:06:06,600 Speaker 2: a good opportunity. 117 00:06:07,120 --> 00:06:09,120 Speaker 4: Everybody should have a will, right everybody? At what age 118 00:06:09,120 --> 00:06:09,760 Speaker 4: should you get a. 119 00:06:09,680 --> 00:06:13,320 Speaker 5: Will, well, you actually should have one early because even 120 00:06:13,320 --> 00:06:16,240 Speaker 5: when you're twenty right, well, twenty twenty, you. 121 00:06:18,360 --> 00:06:20,359 Speaker 4: Just put some banana and some dimes. 122 00:06:20,360 --> 00:06:24,440 Speaker 5: But once, once you have children, once you have some assets, 123 00:06:25,000 --> 00:06:27,360 Speaker 5: it's not because it's not just your assets that you're 124 00:06:27,400 --> 00:06:29,799 Speaker 5: going to decide where they go, because otherwise the state 125 00:06:29,839 --> 00:06:32,719 Speaker 5: will decide which of your relatives will get them. But 126 00:06:32,839 --> 00:06:35,520 Speaker 5: also you can make determinations about who should be the 127 00:06:35,520 --> 00:06:38,599 Speaker 5: godian from your child in the event you die, who 128 00:06:38,640 --> 00:06:41,760 Speaker 5: should hold the child's money in the event you die, 129 00:06:43,240 --> 00:06:46,800 Speaker 5: and how long and what could that person pay for 130 00:06:46,839 --> 00:06:51,480 Speaker 5: the child. We used to we usually use the language health, education, 131 00:06:51,600 --> 00:06:54,440 Speaker 5: and well being. So when it's a pair of sneakers, 132 00:06:54,480 --> 00:06:56,559 Speaker 5: that's going to be covered. But if it's high school 133 00:06:56,640 --> 00:06:59,480 Speaker 5: or college, that's going to be covered as well. But 134 00:06:59,520 --> 00:07:03,919 Speaker 5: you don't want a child to have massive amounts of 135 00:07:03,920 --> 00:07:09,520 Speaker 5: money once they turn eighteen. That's very dangerous priced to do. 136 00:07:09,680 --> 00:07:11,800 Speaker 2: And of course, usually when folks have a will, and 137 00:07:11,840 --> 00:07:14,160 Speaker 2: this is important, you might think that everyone knows this 138 00:07:14,320 --> 00:07:15,760 Speaker 2: and may have already done it. 139 00:07:16,280 --> 00:07:17,040 Speaker 4: They should have. 140 00:07:17,040 --> 00:07:20,800 Speaker 2: A will because it's a real burden on your loved one, 141 00:07:20,840 --> 00:07:24,160 Speaker 2: your survivors if you don't besides the fact they may 142 00:07:24,200 --> 00:07:26,680 Speaker 2: not get what you want. You're putting them through this 143 00:07:27,480 --> 00:07:29,440 Speaker 2: kind of red tape hell. 144 00:07:30,480 --> 00:07:33,400 Speaker 5: And a lot of times with the will people, also 145 00:07:33,480 --> 00:07:36,720 Speaker 5: the lawyers would encourage the individuals to execute a health 146 00:07:36,720 --> 00:07:40,200 Speaker 5: care proxy. I explain what that is exactly. Health care 147 00:07:40,240 --> 00:07:46,680 Speaker 5: proxy dictates or at least says, in the event you're incapacitated, 148 00:07:46,720 --> 00:07:51,680 Speaker 5: who will make those decisions about potential treatment or the 149 00:07:51,800 --> 00:07:55,160 Speaker 5: lack of treatment. So it should be someone that you 150 00:07:55,240 --> 00:08:00,520 Speaker 5: obviously trust extensively, and also who shares your wishes or 151 00:08:00,560 --> 00:08:03,320 Speaker 5: at least will you know, will honor your wishes, whether 152 00:08:03,360 --> 00:08:08,000 Speaker 5: it's do not resuscitate or whatever under the circumstances. 153 00:08:08,000 --> 00:08:11,200 Speaker 2: Here is a key, key question. Is there sort of 154 00:08:11,200 --> 00:08:15,600 Speaker 2: a conflict of interest that would should you not have 155 00:08:15,960 --> 00:08:18,640 Speaker 2: the person who is in charge of your health also 156 00:08:18,760 --> 00:08:22,240 Speaker 2: be a huge beneficiary in your will, because then you 157 00:08:22,320 --> 00:08:23,240 Speaker 2: could get a. 158 00:08:23,280 --> 00:08:26,880 Speaker 4: Conflict of interest. I know you kind of laughing. 159 00:08:27,000 --> 00:08:27,760 Speaker 6: I am laughing. 160 00:08:27,880 --> 00:08:32,199 Speaker 4: On the other hand, people are not altogether nice all 161 00:08:32,160 --> 00:08:32,520 Speaker 4: the time. 162 00:08:32,679 --> 00:08:34,640 Speaker 6: So the bounty of your faction. 163 00:08:34,440 --> 00:08:36,920 Speaker 2: We're going to go bullet plug because I and stand 164 00:08:36,960 --> 00:08:37,960 Speaker 2: to get a million bucks. 165 00:08:38,040 --> 00:08:40,560 Speaker 5: So the bounty of your affection, who you're going to 166 00:08:40,679 --> 00:08:44,800 Speaker 5: give your life, savings and everything you you might not trust. 167 00:08:44,840 --> 00:08:45,640 Speaker 6: You don't trust them. 168 00:08:45,640 --> 00:08:50,400 Speaker 5: Okay, well, shouldn't they be getting your money? 169 00:08:50,440 --> 00:08:53,760 Speaker 2: Maybe getting into choppy territory here, But let's let's say 170 00:08:53,800 --> 00:08:56,880 Speaker 2: it's your wife. Maybe you have nobody else you want 171 00:08:56,880 --> 00:08:58,400 Speaker 2: to give it to you, But maybe you don't trust 172 00:08:58,440 --> 00:09:01,440 Speaker 2: your wife. Not every husband trusts every wife, or vice versa. 173 00:09:01,760 --> 00:09:06,400 Speaker 2: So is it wise to sometimes get it have them separate? 174 00:09:07,160 --> 00:09:10,959 Speaker 5: Am I just I'm having problems getting my arms around this. 175 00:09:11,440 --> 00:09:13,640 Speaker 6: I would not be giving all my money to. 176 00:09:13,640 --> 00:09:16,480 Speaker 5: Someone I don't trust, all right, Okay, I don't know 177 00:09:16,480 --> 00:09:17,600 Speaker 5: about most people. 178 00:09:18,080 --> 00:09:22,480 Speaker 2: I guess maybe I think the worst in all cases. 179 00:09:22,960 --> 00:09:25,880 Speaker 2: Some people figure everything is probably going to be Okay. 180 00:09:26,240 --> 00:09:29,160 Speaker 2: I figure if something bad can happen, it will, and 181 00:09:29,400 --> 00:09:32,440 Speaker 2: and that's kind of how I operate my life. So 182 00:09:34,120 --> 00:09:37,680 Speaker 2: what if this giant sum of money, giant sums of 183 00:09:37,679 --> 00:09:42,079 Speaker 2: money can make people that you do trust act act badly? 184 00:09:43,000 --> 00:09:44,240 Speaker 6: You're right, I am right. 185 00:09:45,640 --> 00:09:51,920 Speaker 5: We know some people will be motivated improperly and and 186 00:09:52,000 --> 00:09:55,640 Speaker 5: but but again, they don't deserve to be a healthcare proxy. 187 00:09:55,679 --> 00:09:57,680 Speaker 4: Look out in the world and see all kinds of 188 00:09:57,720 --> 00:10:00,280 Speaker 4: bad things happen to good people. 189 00:10:00,080 --> 00:10:01,600 Speaker 6: And no doubt about it. 190 00:10:02,000 --> 00:10:05,800 Speaker 5: Like you're a normal guy, mostly better than normalst what's 191 00:10:05,880 --> 00:10:08,160 Speaker 5: better than my wife would disagree. 192 00:10:08,559 --> 00:10:11,400 Speaker 4: There are a lot of subpar people out there. All right, 193 00:10:11,920 --> 00:10:15,280 Speaker 4: this is fun. Let's take a break. I don't want 194 00:10:15,280 --> 00:10:17,200 Speaker 4: to rape, but we gotta. It's WBZ. 195 00:10:19,120 --> 00:10:24,400 Speaker 1: You're on Night Side with Dan on WBZ Boston's news radio. 196 00:10:24,280 --> 00:10:27,120 Speaker 2: Red Jay and for Dan with Dean Michael Coin from 197 00:10:27,120 --> 00:10:31,199 Speaker 2: the Massachusetts School of my favorite school of law. We 198 00:10:31,200 --> 00:10:35,360 Speaker 2: were talking about will's and healthcare proxy and then this 199 00:10:35,520 --> 00:10:38,160 Speaker 2: power of attorney. The three generally go together, correct, right, 200 00:10:38,280 --> 00:10:40,679 Speaker 2: and so can you talk about what power of attorney 201 00:10:40,679 --> 00:10:42,079 Speaker 2: is and why that should be done when you get 202 00:10:42,080 --> 00:10:44,520 Speaker 2: your will and your healthcare proxy done. 203 00:10:44,960 --> 00:10:48,040 Speaker 5: Power of attorney authorizes someone to act in your place 204 00:10:48,160 --> 00:10:51,160 Speaker 5: if you're unable to do so, or even if well. 205 00:10:51,200 --> 00:10:53,760 Speaker 5: You can determine whether it's only in the event of 206 00:10:53,760 --> 00:10:56,959 Speaker 5: a disability, or they can act for you in your stead. 207 00:10:57,240 --> 00:11:00,440 Speaker 5: For instance, I suppose you have an elderly parent who 208 00:11:00,520 --> 00:11:03,200 Speaker 5: can't regularly get to the bank or do other things, 209 00:11:03,640 --> 00:11:08,199 Speaker 5: so they could designate their son as a daughter. What 210 00:11:08,400 --> 00:11:11,400 Speaker 5: I'm picking son because it would be me that they 211 00:11:11,440 --> 00:11:16,120 Speaker 5: could designate that person as in essence they provide them 212 00:11:16,160 --> 00:11:19,520 Speaker 5: a power of attorney. It's a document that's signed by 213 00:11:19,559 --> 00:11:23,880 Speaker 5: that person and then notarize so that it's official, so 214 00:11:23,920 --> 00:11:26,600 Speaker 5: that then others could rely on that if you were 215 00:11:26,640 --> 00:11:29,920 Speaker 5: acting on behalf of your mother or someone else, that 216 00:11:30,040 --> 00:11:34,520 Speaker 5: you are in fact legally authorized to act. So sometimes 217 00:11:34,559 --> 00:11:36,680 Speaker 5: a lot of people do it so that it only 218 00:11:36,760 --> 00:11:40,800 Speaker 5: takes effect in the event of a disability, such that 219 00:11:41,000 --> 00:11:43,360 Speaker 5: if you think about it, well, then someone's in the 220 00:11:43,400 --> 00:11:46,280 Speaker 5: hospital or laid up for a period of time. How 221 00:11:46,320 --> 00:11:49,120 Speaker 5: does the mortgage get paid? How do the bills get 222 00:11:49,160 --> 00:11:51,640 Speaker 5: paid that are due in the house. You need to 223 00:11:51,679 --> 00:11:54,160 Speaker 5: have some ability then to go to the bank and 224 00:11:54,240 --> 00:11:58,280 Speaker 5: move some money around and to actually execute documents as well. 225 00:11:58,360 --> 00:12:00,880 Speaker 5: The power of attorney allows you to do that as well. 226 00:12:01,040 --> 00:12:01,680 Speaker 6: What happens if you. 227 00:12:01,679 --> 00:12:02,320 Speaker 4: Don't have a will? 228 00:12:02,679 --> 00:12:06,600 Speaker 2: What is the the procedure or what happens to your. 229 00:12:06,440 --> 00:12:08,360 Speaker 6: Stuff if you when you die? 230 00:12:08,400 --> 00:12:09,280 Speaker 4: If you die intestate? 231 00:12:09,440 --> 00:12:12,840 Speaker 5: Okay, Well, the law decides who your heirs will be. 232 00:12:14,040 --> 00:12:16,800 Speaker 5: If you have children, it would and know well, if 233 00:12:16,800 --> 00:12:19,679 Speaker 5: you have a spouse, uh, significant portion is going to 234 00:12:19,760 --> 00:12:22,360 Speaker 5: go to your spouse. Uh. If you have children, then 235 00:12:22,400 --> 00:12:28,160 Speaker 5: that you usually would descend Uh. This domestic partner. No, 236 00:12:28,440 --> 00:12:30,640 Speaker 5: the domestic partner is not concerned. 237 00:12:30,720 --> 00:12:33,079 Speaker 4: That's one of the benefits of getting legally married. 238 00:12:32,880 --> 00:12:38,679 Speaker 5: Absolutely well, or get a will, okay, right, because and 239 00:12:38,720 --> 00:12:41,680 Speaker 5: that's the problem. And if you have a domestic partner, 240 00:12:42,000 --> 00:12:44,840 Speaker 5: then you better have a healthcare proxy for that person 241 00:12:44,880 --> 00:12:48,080 Speaker 5: as well, because it won't be your partner, if you're 242 00:12:48,120 --> 00:12:50,480 Speaker 5: not married, it won't be your partner making the calls. 243 00:12:50,520 --> 00:12:54,920 Speaker 5: It'll be some blood relative and that that may not 244 00:12:55,000 --> 00:12:58,480 Speaker 5: be what you who you want making those determinations. And 245 00:12:58,520 --> 00:13:02,520 Speaker 5: it really does that of it becomes quite problematic for people. 246 00:13:03,360 --> 00:13:06,439 Speaker 4: Okay, I appreciate that, folks. You really should get that done. 247 00:13:06,480 --> 00:13:08,040 Speaker 2: And the reason this popped up is because we did 248 00:13:08,040 --> 00:13:11,040 Speaker 2: have a call from Jane and Shrewsbury who has an 249 00:13:11,240 --> 00:13:14,560 Speaker 2: issue in that area. Now, can we get back to 250 00:13:14,600 --> 00:13:16,280 Speaker 2: the wals trailer Brian Wells trial. 251 00:13:16,480 --> 00:13:19,360 Speaker 4: Lots of ins and outs on that. 252 00:13:19,440 --> 00:13:25,000 Speaker 2: Now, uh, how about the heart evidence there were did 253 00:13:25,000 --> 00:13:26,840 Speaker 2: you was there any weapon found? 254 00:13:28,120 --> 00:13:28,280 Speaker 4: No? 255 00:13:28,480 --> 00:13:30,080 Speaker 6: I don't believe there was any weapon. 256 00:13:30,200 --> 00:13:34,720 Speaker 5: There's the there is evidence, but it's much more of 257 00:13:34,760 --> 00:13:37,800 Speaker 5: a circumstantial evidence case, so that you've got a lot 258 00:13:37,800 --> 00:13:42,239 Speaker 5: of searches that are very incriminating on the various devices 259 00:13:42,280 --> 00:13:46,320 Speaker 5: that were in the house. You have the video from 260 00:13:46,440 --> 00:13:52,240 Speaker 5: home depot, you have the trail from his ankle bracelet 261 00:13:52,360 --> 00:13:57,600 Speaker 5: showing him visit visiting various dumpsters, and and so there's 262 00:13:57,720 --> 00:14:02,719 Speaker 5: there's evidence to support it in obviously no one has 263 00:14:02,760 --> 00:14:04,559 Speaker 5: seen or heard from her since that night. 264 00:14:05,280 --> 00:14:07,959 Speaker 2: Rules of evidence wise, Okay, a lot of times you're 265 00:14:08,000 --> 00:14:12,160 Speaker 2: not able to bring in past crimes into this trial. 266 00:14:12,280 --> 00:14:13,920 Speaker 4: Correct. 267 00:14:12,880 --> 00:14:17,600 Speaker 2: If some evidence is based on an ankle bracelet, then 268 00:14:17,800 --> 00:14:21,000 Speaker 2: that would necessitate bringing that these past crimes in. Otherwise 269 00:14:21,040 --> 00:14:25,120 Speaker 2: they wouldn't have an ankle bracelet. Would that say that 270 00:14:25,160 --> 00:14:28,640 Speaker 2: you couldn't bring in the evidence that is based on 271 00:14:28,760 --> 00:14:31,480 Speaker 2: having an ankle bracelet because that speaks to previous crimes. 272 00:14:31,560 --> 00:14:35,080 Speaker 5: Well, first of all, you are right. Generally you aren't 273 00:14:35,120 --> 00:14:38,880 Speaker 5: allowed to use prior criminal offenses to show propensity to 274 00:14:38,880 --> 00:14:42,720 Speaker 5: commit crimes. But in this case, they both the ankle 275 00:14:42,760 --> 00:14:47,480 Speaker 5: bracelet and the earlier conviction may well be relevant. The 276 00:14:47,520 --> 00:14:51,360 Speaker 5: ankle bracelet becomes relevant because it allows us to track him, 277 00:14:51,760 --> 00:14:55,760 Speaker 5: and you could say he had an ankle bracelet, honor, 278 00:14:55,800 --> 00:14:59,160 Speaker 5: you could say it was tracked by way of a 279 00:14:59,440 --> 00:15:02,960 Speaker 5: GPS or a location device. We could sanitize it, so 280 00:15:03,040 --> 00:15:07,520 Speaker 5: you don't necessarily know it's an ankle bracelet. But to 281 00:15:07,560 --> 00:15:09,800 Speaker 5: the other part of the problem is, I think you're 282 00:15:10,080 --> 00:15:13,240 Speaker 5: likely to be a They are likely going to admit 283 00:15:13,320 --> 00:15:18,400 Speaker 5: the evidence that he was on probation for an theft 284 00:15:18,560 --> 00:15:23,080 Speaker 5: item at forgery, and that he had restitution to pay 285 00:15:23,160 --> 00:15:25,040 Speaker 5: which was well beyond his means. 286 00:15:25,040 --> 00:15:25,920 Speaker 6: He was unemployed. 287 00:15:25,960 --> 00:15:29,360 Speaker 5: Okay, so this goes to motive exactly, And so you 288 00:15:29,400 --> 00:15:33,920 Speaker 5: could introduce that as it goes to motive that he 289 00:15:34,120 --> 00:15:37,240 Speaker 5: was desperate to stay out of jail to be able 290 00:15:37,320 --> 00:15:41,400 Speaker 5: to raise some money somehow, and she was well insured, 291 00:15:41,880 --> 00:15:45,200 Speaker 5: so that there would gave him a motive to build 292 00:15:46,480 --> 00:15:50,840 Speaker 5: kill her, take the money, pay off his restitution award, 293 00:15:51,320 --> 00:15:54,120 Speaker 5: and hopefully, as he would see it, stay out of jail. 294 00:15:55,720 --> 00:15:57,960 Speaker 2: Is it ever a defense that that plan seems so 295 00:15:58,560 --> 00:16:02,680 Speaker 2: dumb that no one in the right mind would do it? 296 00:16:02,680 --> 00:16:04,280 Speaker 4: Would would follow. 297 00:16:04,000 --> 00:16:06,280 Speaker 6: That, isn't the partner always? 298 00:16:06,440 --> 00:16:10,400 Speaker 2: Well, yeah, first first suspect, first suspect, and for a reason. 299 00:16:10,640 --> 00:16:13,240 Speaker 2: But it's thing number one. He's you'd think he had 300 00:16:13,280 --> 00:16:17,240 Speaker 2: watched enough Stevie to know that. But then you got 301 00:16:17,280 --> 00:16:19,400 Speaker 2: to know there are cameras at home vapor or whatever 302 00:16:19,520 --> 00:16:20,320 Speaker 2: home goods. 303 00:16:20,680 --> 00:16:21,720 Speaker 4: Still he went and bought this. 304 00:16:22,400 --> 00:16:23,600 Speaker 6: He went to Home Goods too, was. 305 00:16:27,760 --> 00:16:30,800 Speaker 2: Establishment he went to Of course, there are cameras all 306 00:16:30,880 --> 00:16:35,880 Speaker 2: over the place right there, I mean she and then 307 00:16:36,960 --> 00:16:39,360 Speaker 2: how how difficult is it to overcome the lack of 308 00:16:39,400 --> 00:16:39,840 Speaker 2: a body. 309 00:16:40,760 --> 00:16:43,080 Speaker 5: It's not, it's it can be overcome. 310 00:16:43,600 --> 00:16:43,840 Speaker 3: Uh. 311 00:16:43,920 --> 00:16:46,160 Speaker 6: There's been many cases actually where it. 312 00:16:46,200 --> 00:16:49,680 Speaker 5: Was the most most famous around this area was Robin 313 00:16:49,680 --> 00:16:54,160 Speaker 5: Benedict was killed by a professor from Tufts and they 314 00:16:54,160 --> 00:16:56,760 Speaker 5: were arguing, oh, she's not dead, she's going to show 315 00:16:56,800 --> 00:17:00,880 Speaker 5: up for trial, until he pled out to the manslaughter 316 00:17:00,960 --> 00:17:05,280 Speaker 5: and went to jail for twenty years. Professor Douglas, there 317 00:17:05,359 --> 00:17:08,800 Speaker 5: was one in Connecticut where the woman's body was disposed 318 00:17:08,840 --> 00:17:12,040 Speaker 5: of by way of a wood chipper. So you can't 319 00:17:12,080 --> 00:17:17,080 Speaker 5: prove death other than producing the body. It's just unusual 320 00:17:17,200 --> 00:17:20,679 Speaker 5: because again that's usually the easiest thing to prove in 321 00:17:20,680 --> 00:17:23,160 Speaker 5: the murder case, is that the person actually died. 322 00:17:23,480 --> 00:17:26,040 Speaker 4: Okay, now tomorrow you mentioned there's a competency hearing. 323 00:17:26,359 --> 00:17:28,200 Speaker 6: Yeah, on Brian Walsh. 324 00:17:27,920 --> 00:17:32,399 Speaker 2: And there are different kinds of incombonants. You made the 325 00:17:32,440 --> 00:17:35,880 Speaker 2: distinction earlier. Do you remember that conversation again? 326 00:17:36,400 --> 00:17:36,639 Speaker 6: I do? 327 00:17:37,160 --> 00:17:40,240 Speaker 4: Can you we don't refresh your memory? 328 00:17:39,680 --> 00:17:43,280 Speaker 2: Can you recount that for us here in the courtroom. 329 00:17:43,320 --> 00:17:47,159 Speaker 5: Well, the competency to stand trial for Brian Walsh is 330 00:17:47,280 --> 00:17:52,679 Speaker 5: very different than Lindsey Clancy's argument that when she killed 331 00:17:52,680 --> 00:17:57,320 Speaker 5: her three children she was insane and therefore not criminally responsible. 332 00:17:57,680 --> 00:18:00,560 Speaker 5: So there's one part of this takes place at the 333 00:18:00,560 --> 00:18:03,600 Speaker 5: beginning of the trial, and that's Brian Walsh's. What the 334 00:18:03,960 --> 00:18:06,960 Speaker 5: argument here is, as a result of the injuries he 335 00:18:07,040 --> 00:18:11,720 Speaker 5: suffered in prison in Norfolk County, that his mental state 336 00:18:11,760 --> 00:18:16,520 Speaker 5: has taken a serious decline and therefore he may be 337 00:18:16,560 --> 00:18:19,600 Speaker 5: no longer competent to stand trial. And what that means 338 00:18:19,760 --> 00:18:25,040 Speaker 5: is that because of this mental health issue, he can't 339 00:18:25,280 --> 00:18:29,600 Speaker 5: appreciate the charges against him, he can't cooperate with his 340 00:18:29,680 --> 00:18:34,119 Speaker 5: lawyer in offending him. And you know, there's some many 341 00:18:34,440 --> 00:18:37,919 Speaker 5: serious questions that he's going to answer. Do I testify? 342 00:18:39,280 --> 00:18:42,320 Speaker 5: Is it to my advantage to testify? What witnesses should 343 00:18:42,320 --> 00:18:46,399 Speaker 5: we call? He needs to be fully aware of both 344 00:18:46,840 --> 00:18:51,120 Speaker 5: these important decisions and sufficiently knowledgeable to make them. If 345 00:18:51,160 --> 00:18:54,800 Speaker 5: his mental health is in fact in serious decline, then 346 00:18:54,880 --> 00:18:57,800 Speaker 5: the court could determine. I don't think it's likely they 347 00:18:57,840 --> 00:19:01,520 Speaker 5: could determine tomorrow that he is not competent to stand 348 00:19:01,560 --> 00:19:06,320 Speaker 5: trial at present. Trial should begin sometime next week if 349 00:19:06,359 --> 00:19:08,920 Speaker 5: in fact, he's determined to be competent. The judges kept 350 00:19:08,920 --> 00:19:12,600 Speaker 5: a pretty tight schedule on this case and has scheduled 351 00:19:12,600 --> 00:19:15,560 Speaker 5: it to start as early as next week, with testimony 352 00:19:16,000 --> 00:19:18,000 Speaker 5: beginning after Thanksgiving. 353 00:19:18,440 --> 00:19:20,160 Speaker 2: I have a question we can answer after this breaking. 354 00:19:20,160 --> 00:19:23,040 Speaker 2: The question is this, but won't answer yet. Isn't it 355 00:19:23,160 --> 00:19:25,600 Speaker 2: coming upon the state to look after your well being 356 00:19:25,600 --> 00:19:27,800 Speaker 2: when you're in their custody? 357 00:19:28,040 --> 00:19:30,199 Speaker 6: Oh? Sure, but oh you want to answer what we 358 00:19:30,200 --> 00:19:30,480 Speaker 6: get back? 359 00:19:30,480 --> 00:19:31,400 Speaker 4: I want when we get back? 360 00:19:31,440 --> 00:19:35,440 Speaker 2: That's the big Tea's Well, yeah, how come these things 361 00:19:35,480 --> 00:19:36,520 Speaker 2: like this happen so often? 362 00:19:36,720 --> 00:19:36,880 Speaker 6: They? 363 00:19:37,040 --> 00:19:39,639 Speaker 2: Or do they really happen so often? Is that just 364 00:19:39,760 --> 00:19:42,040 Speaker 2: kind of a tale? Let it happen often? 365 00:19:42,080 --> 00:19:44,880 Speaker 4: We'll find that out after this On WBZ. 366 00:19:45,960 --> 00:19:50,639 Speaker 1: It's Night Side with Dan Ray, Boston's news radio. 367 00:19:51,640 --> 00:19:53,800 Speaker 2: You know, folks, if you should miss any portion of 368 00:19:53,840 --> 00:19:56,240 Speaker 2: any segment of any night side show, or maybe you 369 00:19:56,320 --> 00:19:57,800 Speaker 2: just want to hear it again, or maybe you want 370 00:19:57,840 --> 00:20:01,639 Speaker 2: to share it with someone, just google night Side on 371 00:20:01,760 --> 00:20:03,760 Speaker 2: demand and it will take you right to the podcast, 372 00:20:03,800 --> 00:20:08,119 Speaker 2: which the Rob Brooks or whoever's working the wheel there. 373 00:20:08,280 --> 00:20:10,680 Speaker 2: They put out right away, so they're available the next day. 374 00:20:11,119 --> 00:20:15,679 Speaker 2: It's quite cool. That's just Google Nightside on demand. And 375 00:20:15,720 --> 00:20:18,040 Speaker 2: by the way, a shout out to Dan Ray. We're 376 00:20:18,040 --> 00:20:22,280 Speaker 2: here with Michael Coin the Massachusetts School of Law talking 377 00:20:22,320 --> 00:20:26,320 Speaker 2: about Brian Walsh case. The defendant Brian Walsh, resident of Cohassett, 378 00:20:26,880 --> 00:20:31,479 Speaker 2: and the alleged victim and a Walsh. That jurisdiction, by 379 00:20:31,480 --> 00:20:36,159 Speaker 2: the way, would be Norfolk County. Now tomorrow was a 380 00:20:36,240 --> 00:20:40,159 Speaker 2: hearing a fitness to stand trial here and a competency here. 381 00:20:41,560 --> 00:20:46,960 Speaker 2: And this is because the defendant was stabbed in jail. 382 00:20:48,480 --> 00:20:51,639 Speaker 2: And I asked a question prior to the break doesn't 383 00:20:51,680 --> 00:20:54,560 Speaker 2: the state be isn't it incumbent upon the state not 384 00:20:54,600 --> 00:20:57,639 Speaker 2: to let that happen? And if it happens, can you 385 00:20:57,680 --> 00:20:59,840 Speaker 2: sue the state? And your answer was. 386 00:21:00,480 --> 00:21:04,200 Speaker 5: The answer is that you should expect that violent things 387 00:21:04,240 --> 00:21:07,120 Speaker 5: will happen if we house a whole bunch of violent 388 00:21:07,160 --> 00:21:11,879 Speaker 5: people together. And so it comes with the territory. So 389 00:21:12,520 --> 00:21:16,359 Speaker 5: I understand the point. But no matter what, the state 390 00:21:16,400 --> 00:21:20,920 Speaker 5: can't always keep you safe in these violent, dangerous well 391 00:21:20,960 --> 00:21:23,840 Speaker 5: even more than just simply negligent. You'd have to show 392 00:21:23,880 --> 00:21:29,040 Speaker 5: that somehow they really disregarded the safety precautions. 393 00:21:28,320 --> 00:21:30,280 Speaker 6: That they owe to you. 394 00:21:30,640 --> 00:21:33,680 Speaker 5: And the fact is is that they do take an 395 00:21:33,720 --> 00:21:36,639 Speaker 5: awful lot of safety precautions. They really do try to 396 00:21:36,640 --> 00:21:40,800 Speaker 5: make sure that everyone's safe. With that said, there's an 397 00:21:40,840 --> 00:21:44,880 Speaker 5: awful lot of violent things that happen in prison among 398 00:21:45,040 --> 00:21:49,600 Speaker 5: the prisoners that are there, and it's not easy then 399 00:21:49,760 --> 00:21:52,440 Speaker 5: to recover under those circumstances. 400 00:21:52,520 --> 00:21:54,840 Speaker 2: So that do the best they do with the tax 401 00:21:54,880 --> 00:21:56,480 Speaker 2: money where we want to give them. 402 00:21:56,840 --> 00:22:00,440 Speaker 5: Well, and that I think that people feel in part ispriate. 403 00:22:00,520 --> 00:22:03,560 Speaker 5: We want, we would hope that it'd be safer, but 404 00:22:03,640 --> 00:22:07,320 Speaker 5: I think it's not realistic to think that prisons are safe. 405 00:22:07,359 --> 00:22:07,800 Speaker 6: They aren't. 406 00:22:07,840 --> 00:22:11,200 Speaker 5: There's awful lot of horrible things that take place there. 407 00:22:11,240 --> 00:22:13,760 Speaker 4: And so and the public considers that part of the punishment. 408 00:22:14,720 --> 00:22:17,399 Speaker 5: I don't know whether they consider it part of the punishment, 409 00:22:17,440 --> 00:22:21,080 Speaker 5: but certain I'm certain they don't want any more of 410 00:22:21,119 --> 00:22:23,480 Speaker 5: their tax dollar is spent, Okay for it. 411 00:22:24,119 --> 00:22:26,520 Speaker 2: So here's the rub, and we discussed this as well, 412 00:22:27,480 --> 00:22:31,880 Speaker 2: and that is it's too bad that you are put 413 00:22:31,880 --> 00:22:37,000 Speaker 2: in a place with violent criminals as if you are 414 00:22:37,040 --> 00:22:39,520 Speaker 2: a violent criminal, even before you've been convicted. 415 00:22:40,000 --> 00:22:41,480 Speaker 4: Well, it seems unfair. 416 00:22:41,600 --> 00:22:46,000 Speaker 5: That's that's an absolutely legitimate criticism, and I think that's 417 00:22:46,040 --> 00:22:50,120 Speaker 5: why our Supreme Court has said that we favor the 418 00:22:50,119 --> 00:22:56,040 Speaker 5: individual's right to bail pending trial because of the presumption 419 00:22:56,160 --> 00:22:59,399 Speaker 5: of innocence. It really is unfair to put someone in 420 00:22:59,520 --> 00:23:05,040 Speaker 5: jail while the case is pending simply because they can't 421 00:23:05,160 --> 00:23:07,480 Speaker 5: make the amount of bail that the court has set. 422 00:23:07,560 --> 00:23:10,760 Speaker 5: So the court, now Supreme Court has indicated and told 423 00:23:10,880 --> 00:23:14,000 Speaker 5: told the lower courts that they want reasonable bail, a 424 00:23:14,040 --> 00:23:17,520 Speaker 5: bail that an individual can make. So the fact is 425 00:23:17,560 --> 00:23:20,560 Speaker 5: many many more prisoners are not prisoners, but people who 426 00:23:20,600 --> 00:23:23,280 Speaker 5: have been accused of crimes are now able to make 427 00:23:23,359 --> 00:23:27,679 Speaker 5: bail unless obviously they pose a danger to the community. 428 00:23:28,119 --> 00:23:32,119 Speaker 5: And then you now have a dangerousness hearing that in essence, 429 00:23:32,160 --> 00:23:34,960 Speaker 5: there's no amount of bail that would make sense here, 430 00:23:35,080 --> 00:23:37,400 Speaker 5: because bail is really designed to make sure you show 431 00:23:37,480 --> 00:23:41,439 Speaker 5: up for trials. So it should be an amount that 432 00:23:41,760 --> 00:23:43,880 Speaker 5: is going to be enough to make sure you show 433 00:23:43,920 --> 00:23:45,640 Speaker 5: up for trial, but not too much that you can't 434 00:23:45,640 --> 00:23:50,119 Speaker 5: make it. But the dangerousness hearing allows then us to 435 00:23:50,240 --> 00:23:53,760 Speaker 5: keep people in jail because not because we're worried about 436 00:23:53,800 --> 00:23:56,240 Speaker 5: them showing up for trial, we're worried about if we 437 00:23:56,400 --> 00:23:59,600 Speaker 5: release them, they in fact pose a real danger to 438 00:23:59,640 --> 00:24:00,440 Speaker 5: our community. 439 00:24:01,720 --> 00:24:03,480 Speaker 4: You know, this just popped into my mind. I'm glad 440 00:24:03,520 --> 00:24:05,840 Speaker 4: I thought of it. I'm glad I had the opportunity 441 00:24:05,920 --> 00:24:06,520 Speaker 4: to ask you that. 442 00:24:06,880 --> 00:24:12,119 Speaker 2: You know, sometimes the penalties for things run like this, 443 00:24:12,640 --> 00:24:18,160 Speaker 2: three years in jail or a thousand dollars fine, Why 444 00:24:18,160 --> 00:24:22,480 Speaker 2: would anyone ever go with the jail? A lot of 445 00:24:22,520 --> 00:24:25,280 Speaker 2: times the money is so low compared like for me, 446 00:24:25,880 --> 00:24:27,960 Speaker 2: the week in jail is worth ten grand. You know, 447 00:24:28,040 --> 00:24:30,080 Speaker 2: I don't want to go to jail at all. 448 00:24:30,280 --> 00:24:31,480 Speaker 6: I didn't know you were so rich. 449 00:24:32,240 --> 00:24:37,040 Speaker 2: But if I had the money, and I'm amazed that 450 00:24:37,880 --> 00:24:40,119 Speaker 2: the balance that seems so out of whack, that the 451 00:24:40,200 --> 00:24:43,080 Speaker 2: money seems so little compared to the jail. 452 00:24:43,359 --> 00:24:46,560 Speaker 5: No, the money, I agree, but it's I don't think 453 00:24:46,680 --> 00:24:49,760 Speaker 5: it's I don't think you're reading the statute correctly. It's 454 00:24:49,920 --> 00:24:52,840 Speaker 5: three thousand. It's three years in jail and up to 455 00:24:52,880 --> 00:24:54,680 Speaker 5: one thousand dollars. I didn't read it. I just made 456 00:24:54,720 --> 00:25:00,800 Speaker 5: it up, okay, exactly. So it's not that it's an alternative. 457 00:25:00,880 --> 00:25:02,800 Speaker 5: If you have money, you get to stay out of jail. 458 00:25:02,880 --> 00:25:04,000 Speaker 4: Really, that's what it is. 459 00:25:04,320 --> 00:25:07,960 Speaker 5: Yeah, it doesn't seem fair Uh, the money is always, 460 00:25:08,040 --> 00:25:13,040 Speaker 5: it seems to me, not anywhere near proportionate to what 461 00:25:13,280 --> 00:25:16,399 Speaker 5: a day in jail would my point exactly, Well, that's 462 00:25:16,560 --> 00:25:19,919 Speaker 5: that is legitimate, But the fine is in addition to 463 00:25:20,160 --> 00:25:22,359 Speaker 5: whatever the sentence would be. 464 00:25:22,600 --> 00:25:24,640 Speaker 4: Sometimes you get a choice, though, well it's. 465 00:25:24,440 --> 00:25:26,959 Speaker 6: No, it's never going to be your choice. 466 00:25:27,400 --> 00:25:30,159 Speaker 4: That's not at the sentencing. But oh, I see, you 467 00:25:30,200 --> 00:25:31,159 Speaker 4: never get to choose. 468 00:25:31,520 --> 00:25:33,880 Speaker 5: No, no, you don't get to hear. I would rather 469 00:25:33,920 --> 00:25:39,280 Speaker 5: pay the money than go to jail. Basic legal The 470 00:25:39,280 --> 00:25:41,600 Speaker 5: only place that really applies is if you don't pay 471 00:25:41,600 --> 00:25:44,560 Speaker 5: your child support, then you're going to jail at some 472 00:25:44,680 --> 00:25:46,560 Speaker 5: point unless you come up with the money to. 473 00:25:46,480 --> 00:25:47,800 Speaker 6: Purge yourself of contempt. 474 00:25:47,800 --> 00:25:51,120 Speaker 5: But no, sometimes the court and this is actually this 475 00:25:51,200 --> 00:25:54,840 Speaker 5: does relate to the Brian Walls case. Is because he 476 00:25:54,960 --> 00:25:58,399 Speaker 5: had the outstanding criminal case from California where he was 477 00:25:58,480 --> 00:26:01,879 Speaker 5: convicted and he was ordered to do to pay restitution. 478 00:26:02,359 --> 00:26:06,080 Speaker 5: He did not pay restitution, and so that's why it 479 00:26:06,160 --> 00:26:10,720 Speaker 5: was potentially violating his probation and if he didn't pay 480 00:26:11,000 --> 00:26:13,080 Speaker 5: come up with the money, then he was going to 481 00:26:13,160 --> 00:26:17,280 Speaker 5: be jailed. So there are situations where what what you're 482 00:26:17,320 --> 00:26:19,960 Speaker 5: talking about is actually pretty close to those so at 483 00:26:19,960 --> 00:26:24,280 Speaker 5: the risk of doubling down on sounding stuff stupid, how 484 00:26:24,320 --> 00:26:28,520 Speaker 5: does a judge or a jerry a judge decide whether 485 00:26:28,600 --> 00:26:31,000 Speaker 5: to give you the. 486 00:26:30,200 --> 00:26:33,600 Speaker 4: Time or the fine, the time or the fine or both. 487 00:26:34,040 --> 00:26:37,800 Speaker 5: Well, in actually what we're saying now is time, a 488 00:26:37,960 --> 00:26:43,640 Speaker 5: fine and restitution. So the statue will normally say you 489 00:26:43,640 --> 00:26:46,320 Speaker 5: you know, it'll have a sentence of up to say 490 00:26:46,359 --> 00:26:49,320 Speaker 5: two and a half years and up to a ten 491 00:26:49,359 --> 00:26:53,760 Speaker 5: thousand dollars fine. Just say that that would be separate 492 00:26:54,119 --> 00:26:57,240 Speaker 5: from the order of restitution trying to make the person 493 00:26:57,320 --> 00:27:01,400 Speaker 5: that you victimized whole. So the judge tries to take 494 00:27:01,440 --> 00:27:05,240 Speaker 5: into account what the appropriate sentence would be in prison, 495 00:27:05,640 --> 00:27:09,160 Speaker 5: but also to see what would be appropriate. 496 00:27:08,560 --> 00:27:09,320 Speaker 6: For a fine. 497 00:27:09,520 --> 00:27:13,119 Speaker 5: A lot of times the fine is is much less 498 00:27:13,240 --> 00:27:18,160 Speaker 5: and oftentimes not even imposed because the person is not 499 00:27:18,240 --> 00:27:20,560 Speaker 5: going to be able to work while obviously they're in 500 00:27:20,600 --> 00:27:23,959 Speaker 5: prison and the court would much prefer to see restitution 501 00:27:24,119 --> 00:27:25,120 Speaker 5: made to the victims. 502 00:27:25,119 --> 00:27:27,000 Speaker 6: Then the fine go to the state. 503 00:27:27,720 --> 00:27:35,119 Speaker 2: And they don't generally trust people to you talk about bail, 504 00:27:36,000 --> 00:27:40,120 Speaker 2: but the an ancle bracelet like flight risk and dangerousness, 505 00:27:41,400 --> 00:27:43,400 Speaker 2: when they people do they do. 506 00:27:43,440 --> 00:27:47,680 Speaker 4: Bail with the. 507 00:27:46,240 --> 00:27:47,919 Speaker 6: Leg yes ankle bracelet. 508 00:27:48,920 --> 00:27:52,119 Speaker 5: There are conditions like that, you know, no contact with 509 00:27:52,240 --> 00:27:55,960 Speaker 5: children under sixteen ankle bracelet. The only place you can 510 00:27:56,000 --> 00:27:59,360 Speaker 5: go is to work each day and then back so 511 00:27:59,400 --> 00:28:01,840 Speaker 5: that they monitor your activities. 512 00:28:02,920 --> 00:28:05,280 Speaker 6: And yes, the quote will do that. 513 00:28:05,400 --> 00:28:09,200 Speaker 5: Try to structure conditions of bail to make sure that 514 00:28:10,359 --> 00:28:12,960 Speaker 5: you know you're still not living life like the rest 515 00:28:12,960 --> 00:28:16,880 Speaker 5: of us want facing such serious criminal charges and that 516 00:28:17,359 --> 00:28:20,240 Speaker 5: society is protected to the extent we can protect them 517 00:28:20,280 --> 00:28:21,480 Speaker 5: under the circumstances. 518 00:28:21,560 --> 00:28:23,679 Speaker 2: All right, So one thing we haven't covered yet. We 519 00:28:23,720 --> 00:28:27,040 Speaker 2: have one more segment to go with Michael Coin. We 520 00:28:27,080 --> 00:28:30,560 Speaker 2: haven't talked about Trooper Proctor. That's her name. You haven't 521 00:28:30,560 --> 00:28:33,399 Speaker 2: heard for a while. Maybe Trooper Proctor kind of in 522 00:28:33,400 --> 00:28:36,320 Speaker 2: the news, and we'll tell you why after this. I'm WBZ. 523 00:28:37,600 --> 00:28:42,280 Speaker 1: It's Night Side with Ray on Boston's news radio. 524 00:28:42,880 --> 00:28:45,360 Speaker 2: Oh, we're right, just a few more minutes with Michael Coin. 525 00:28:45,560 --> 00:28:48,160 Speaker 2: So let's make the most of them. It's been a 526 00:28:48,160 --> 00:28:51,440 Speaker 2: while since we've heard much about the Karen Reid trow jeez, 527 00:28:51,760 --> 00:28:56,240 Speaker 2: but that related things. It's kind of popping up, and 528 00:28:56,280 --> 00:29:01,240 Speaker 2: that is the story of super Proctor continues. And for 529 00:29:01,280 --> 00:29:03,480 Speaker 2: those who just moved to the area or maybe be 530 00:29:03,600 --> 00:29:09,000 Speaker 2: listening out of state recap the Karen Reid trial in 531 00:29:09,240 --> 00:29:11,840 Speaker 2: thirty seconds or less ye and talk about the role 532 00:29:11,880 --> 00:29:14,080 Speaker 2: of Trooper Proctor and why that is relevant today. 533 00:29:14,520 --> 00:29:18,560 Speaker 5: Karen Reid was charged with a second degree murder vehicular 534 00:29:18,640 --> 00:29:23,800 Speaker 5: manslaughter for killing her boyfriend. Commonwealths believed that it was 535 00:29:23,840 --> 00:29:26,360 Speaker 5: as a result of her striking him with her vehicle 536 00:29:26,440 --> 00:29:30,240 Speaker 5: on a snowy night down in Canton number. 537 00:29:30,000 --> 00:29:30,640 Speaker 6: Of years ago. 538 00:29:31,480 --> 00:29:35,640 Speaker 5: First jury was hung and the second jury found her 539 00:29:35,760 --> 00:29:41,800 Speaker 5: not guilty except for driving under the influence, and the 540 00:29:41,920 --> 00:29:47,120 Speaker 5: case was the object of everyone's attention in this area, 541 00:29:47,240 --> 00:29:50,320 Speaker 5: and actually not just even across the nation, but even 542 00:29:50,840 --> 00:29:52,080 Speaker 5: overseas in Europe. 543 00:29:52,440 --> 00:29:53,080 Speaker 6: It was a. 544 00:29:53,120 --> 00:29:57,720 Speaker 5: Fascinating take on the influence of social media in our 545 00:29:57,800 --> 00:29:58,600 Speaker 5: cases today. 546 00:29:58,680 --> 00:29:59,800 Speaker 2: Well, there are a lot of cases and a lot 547 00:29:59,840 --> 00:30:01,760 Speaker 2: of social media. Why this one any idea? 548 00:30:03,080 --> 00:30:07,000 Speaker 5: I always believe that in this one people could see 549 00:30:07,040 --> 00:30:11,760 Speaker 5: her themselves in her in essence. They can't see themselves 550 00:30:11,800 --> 00:30:14,719 Speaker 5: going out and committing first degree murders, buying the weapon 551 00:30:14,760 --> 00:30:18,120 Speaker 5: and really plotting and planning to kill someone, but we've 552 00:30:18,160 --> 00:30:20,479 Speaker 5: probably all had a drink or two too many and 553 00:30:20,520 --> 00:30:23,120 Speaker 5: gotten behind the wheel, and I think they could see 554 00:30:23,160 --> 00:30:26,920 Speaker 5: themselves that they could find themselves charged with the crime 555 00:30:27,320 --> 00:30:29,480 Speaker 5: that as they see it, they didn't commit it and 556 00:30:29,680 --> 00:30:33,280 Speaker 5: certainly didn't warrant a second degree murder charge. So I 557 00:30:33,320 --> 00:30:36,240 Speaker 5: think there was in part that, and also everyone loves 558 00:30:36,240 --> 00:30:40,000 Speaker 5: a good conspiracy. There's a lot going on there, and 559 00:30:40,520 --> 00:30:42,920 Speaker 5: the distrust of the government I think is at an 560 00:30:42,920 --> 00:30:46,160 Speaker 5: all time low. So you have a lot of confluence 561 00:30:46,240 --> 00:30:49,280 Speaker 5: of events here that attracted people to the case in 562 00:30:49,320 --> 00:30:51,160 Speaker 5: a significant way. 563 00:30:51,200 --> 00:30:55,880 Speaker 2: Did the state overcharge and would they have been better 564 00:30:55,920 --> 00:30:58,360 Speaker 2: off just to say she backed up in a huff 565 00:30:58,400 --> 00:31:01,840 Speaker 2: and accident to hit them, wouldn't they wouldn't that have 566 00:31:01,840 --> 00:31:02,760 Speaker 2: been a better way to go. 567 00:31:02,920 --> 00:31:06,000 Speaker 5: Yeah, she was overcharged. She shouldn't have been a second 568 00:31:06,000 --> 00:31:09,520 Speaker 5: degree murder charge. I mean Dan Conley, the former Suffolk 569 00:31:09,560 --> 00:31:14,400 Speaker 5: County district attorney, had said when NBC ten was talking 570 00:31:14,440 --> 00:31:17,320 Speaker 5: to him, that we tried these in the district court, 571 00:31:17,400 --> 00:31:21,240 Speaker 5: which means not a felony, and we think that that's 572 00:31:21,280 --> 00:31:24,920 Speaker 5: where this case is more likely, and that is where 573 00:31:24,960 --> 00:31:30,120 Speaker 5: these cases are almost always tried, not superior court. Second 574 00:31:30,160 --> 00:31:32,920 Speaker 5: degree murder for a child, for something like this is 575 00:31:32,960 --> 00:31:36,520 Speaker 5: an extraordinarily difficult charge. So most of the times you 576 00:31:36,560 --> 00:31:38,840 Speaker 5: would find them in the trial court, the district court 577 00:31:39,840 --> 00:31:42,760 Speaker 5: as where she would be facing probably up to two 578 00:31:42,840 --> 00:31:45,520 Speaker 5: and a half years as a result of these charges. 579 00:31:45,560 --> 00:31:50,360 Speaker 2: So that overcharge really costs the state, like what an 580 00:31:50,360 --> 00:31:51,880 Speaker 2: extra million and a half bucks summer. 581 00:31:51,960 --> 00:31:54,840 Speaker 5: Well, I think the second trial alone, by the time 582 00:31:54,880 --> 00:31:58,400 Speaker 5: they're done with the expert witnesses and the council that 583 00:31:58,480 --> 00:32:02,400 Speaker 5: they hired, was well over a million dollars, So if 584 00:32:02,400 --> 00:32:04,960 Speaker 5: you want to include the first trial, they're probably north 585 00:32:05,000 --> 00:32:08,560 Speaker 5: of two million dollars on. Ultimately, what they're able to 586 00:32:08,560 --> 00:32:12,400 Speaker 5: get is a driving under the influence conviction, which, by 587 00:32:12,440 --> 00:32:16,800 Speaker 5: the way, is it is not entirely the district attorney's fault. 588 00:32:17,120 --> 00:32:23,160 Speaker 5: It's the failure of law enforcement on many fronts that 589 00:32:23,160 --> 00:32:27,320 Speaker 5: that this case turned to absolute uh mess garbage. 590 00:32:27,400 --> 00:32:32,680 Speaker 4: Okay, a couple of technical points. What's the ballpark where 591 00:32:32,680 --> 00:32:37,560 Speaker 4: these technical that these technical experts get paid paid like 592 00:32:37,600 --> 00:32:40,240 Speaker 4: the people that the reconstruction of the tail light people. 593 00:32:40,360 --> 00:32:44,080 Speaker 5: Reconstructionists get a lot of money because they have highly 594 00:32:44,120 --> 00:32:48,520 Speaker 5: advanced degrees. They know about physics and all sorts of 595 00:32:48,760 --> 00:32:52,920 Speaker 5: biomechanics as well as mathematics. You could be looking in 596 00:32:53,200 --> 00:32:58,160 Speaker 5: even in a relatively simple case that your your experts 597 00:32:58,320 --> 00:33:02,040 Speaker 5: are even in a sort of a regular auto accident 598 00:33:02,080 --> 00:33:05,040 Speaker 5: case that it could be north of ten thousand dollars. 599 00:33:05,080 --> 00:33:09,000 Speaker 5: In that case, the experts charged closer to four or 600 00:33:09,000 --> 00:33:13,040 Speaker 5: five hundred thousand dollars by the time they were done. 601 00:33:13,160 --> 00:33:15,960 Speaker 5: They bought purchased a vehicle to be able to do it, 602 00:33:16,080 --> 00:33:20,000 Speaker 5: I know, and then hundreds of I always spent trying 603 00:33:20,000 --> 00:33:24,240 Speaker 5: to recreate the accident. So accident reconstruction experts are expensive. 604 00:33:24,280 --> 00:33:26,880 Speaker 2: So sometimes the expert is a solo operator and they 605 00:33:26,960 --> 00:33:29,680 Speaker 2: just get paid. Other times they hire companies, right, and 606 00:33:30,160 --> 00:33:34,160 Speaker 2: the actual witness doesn't get paid directly, They just get 607 00:33:34,360 --> 00:33:35,400 Speaker 2: paid by their company. 608 00:33:35,480 --> 00:33:38,280 Speaker 5: Well they're an employee, so they get a regular salary. 609 00:33:38,400 --> 00:33:42,120 Speaker 5: But you know, and that's a little bit of a game. 610 00:33:42,160 --> 00:33:45,320 Speaker 5: You talked about experts too, so you know, if you're 611 00:33:45,320 --> 00:33:48,680 Speaker 5: not working, you're not going to be an employee for 612 00:33:48,800 --> 00:33:52,600 Speaker 5: very long, so you're still benefiting from having been hired. 613 00:33:52,680 --> 00:33:53,640 Speaker 4: And one more quick thing. 614 00:33:53,680 --> 00:33:59,120 Speaker 2: In trial, I love to try to beat the attorneys 615 00:33:59,120 --> 00:34:02,120 Speaker 2: of the punch on the object and a reason, you. 616 00:34:02,120 --> 00:34:05,320 Speaker 4: Know, leading yes askedn't answered. 617 00:34:05,480 --> 00:34:09,680 Speaker 2: However, the judge, at least in that trial, they don't. 618 00:34:10,239 --> 00:34:14,320 Speaker 2: They say okay, sustained or overruled. They don't give nobody 619 00:34:14,360 --> 00:34:16,759 Speaker 2: says what the objection is. And I wish, I wish 620 00:34:16,760 --> 00:34:18,200 Speaker 2: there would be a rule that made them do that 621 00:34:19,120 --> 00:34:20,680 Speaker 2: so that the people at. 622 00:34:20,520 --> 00:34:23,520 Speaker 6: Home can be can't understand and be educated. 623 00:34:23,800 --> 00:34:27,960 Speaker 5: Some judges don't want anything more than the objection, so 624 00:34:28,000 --> 00:34:31,240 Speaker 5: that you're not trying to influence the jury. Other judges 625 00:34:31,280 --> 00:34:34,120 Speaker 5: will allow you to give an infection and a basis. 626 00:34:34,760 --> 00:34:38,000 Speaker 5: No judge really wants what we call a speaking objection 627 00:34:38,080 --> 00:34:40,439 Speaker 5: your honor, it's here say because blah blah blah blah blah. 628 00:34:40,840 --> 00:34:42,560 Speaker 5: So they don't want the reason not in front of 629 00:34:42,600 --> 00:34:44,920 Speaker 5: the jury. If you're going to do that, you come 630 00:34:45,000 --> 00:34:46,680 Speaker 5: up to the sidebar, and if it's going to be 631 00:34:46,760 --> 00:34:49,520 Speaker 5: a long argument, take the jury out and then we 632 00:34:49,560 --> 00:34:52,960 Speaker 5: can argue from the table. So what the concern is 633 00:34:52,960 --> 00:34:56,120 Speaker 5: is that juries would hear what is inadmissible evidence and 634 00:34:56,200 --> 00:35:00,640 Speaker 5: information and that could affect their decision. So that's why 635 00:35:00,080 --> 00:35:03,480 Speaker 5: you don't get your education on all your objections. 636 00:35:04,000 --> 00:35:07,160 Speaker 2: Well, now I don't feel so cheated. So will this 637 00:35:07,200 --> 00:35:08,680 Speaker 2: Walt's case be televised? 638 00:35:08,760 --> 00:35:10,680 Speaker 6: Oh? Yes, just like that, it's going to be. 639 00:35:10,920 --> 00:35:14,040 Speaker 5: It's going to be televised and then the expectation is 640 00:35:14,080 --> 00:35:18,720 Speaker 5: that it will be starting as early as next week 641 00:35:18,800 --> 00:35:23,160 Speaker 5: for jury selection. But once it begins trial, which will 642 00:35:23,200 --> 00:35:27,440 Speaker 5: probably be December one, it will in fact be televised 643 00:35:27,480 --> 00:35:31,879 Speaker 5: and we intend to give it the full Canton confidential 644 00:35:31,920 --> 00:35:36,000 Speaker 5: treatment because it's it's a very interesting case and he's 645 00:35:36,040 --> 00:35:40,279 Speaker 5: got a chance, because there are some open issues and 646 00:35:40,320 --> 00:35:44,000 Speaker 5: there's some questions about the DNA testing and all. In fact, 647 00:35:44,000 --> 00:35:47,880 Speaker 5: the DNA had to all be retested because the initial 648 00:35:48,000 --> 00:35:51,960 Speaker 5: chemist is unavailable now for trial, so in order to 649 00:35:52,040 --> 00:35:55,799 Speaker 5: give him his sixth Amendment confrontation clause right, you had 650 00:35:55,840 --> 00:35:57,920 Speaker 5: to retest it, so that witness will have to. 651 00:35:57,880 --> 00:36:00,960 Speaker 2: Okay, let's wrap up with how Trooper proc what his 652 00:36:01,040 --> 00:36:04,080 Speaker 2: issue was in that case, and how that affects it's 653 00:36:04,080 --> 00:36:04,880 Speaker 2: other cases. 654 00:36:04,920 --> 00:36:05,640 Speaker 4: We have two minutes. 655 00:36:05,960 --> 00:36:08,920 Speaker 5: Yeah, it's a it's going to affect potentially up to 656 00:36:08,960 --> 00:36:12,480 Speaker 5: twenty cases because the information on his phone now has 657 00:36:12,520 --> 00:36:16,000 Speaker 5: been released to a number of defense attorneys under seal, 658 00:36:16,120 --> 00:36:17,520 Speaker 5: so we don't all know what it is. 659 00:36:18,000 --> 00:36:19,920 Speaker 6: But the argument is is that. 660 00:36:20,000 --> 00:36:23,680 Speaker 5: It very well if already we know it shows a 661 00:36:23,760 --> 00:36:27,759 Speaker 5: sexist and a prejudging of the defendants' rights, if that 662 00:36:27,840 --> 00:36:34,279 Speaker 5: carries over to racist information that's within there inappropriate activities 663 00:36:34,320 --> 00:36:38,920 Speaker 5: with respect to witnesses and defendants and the like, and 664 00:36:39,000 --> 00:36:42,160 Speaker 5: a prejudging of their cases. The defense lawyers are going 665 00:36:42,200 --> 00:36:44,200 Speaker 5: to make a big deal of it because all they 666 00:36:44,239 --> 00:36:46,880 Speaker 5: have to do is create a reasonable doubt and it 667 00:36:46,920 --> 00:36:53,279 Speaker 5: could affect as many twenties cases, significant serious cases, including murder. 668 00:36:53,160 --> 00:36:56,680 Speaker 2: And some of those might get retried at great expense, 669 00:36:57,320 --> 00:37:03,160 Speaker 2: adding a further cost tos behavior. 670 00:37:02,800 --> 00:37:06,080 Speaker 5: No doubt about it, and even not retried the first trials. Now, 671 00:37:06,160 --> 00:37:09,959 Speaker 5: the initial trials that will be coming up are significantly 672 00:37:10,000 --> 00:37:13,600 Speaker 5: more expensive because they're battling back and forth almost on 673 00:37:13,600 --> 00:37:17,040 Speaker 5: an every other week basis about how much of that 674 00:37:17,120 --> 00:37:20,480 Speaker 5: information is going to be useful at trial. So it's 675 00:37:20,880 --> 00:37:25,439 Speaker 5: multiple problems with it that it's created for the commonwealth 676 00:37:25,760 --> 00:37:27,840 Speaker 5: because of his unprofessional behavior. 677 00:37:27,880 --> 00:37:29,840 Speaker 2: How much of a problem is that The passing of 678 00:37:29,840 --> 00:37:32,680 Speaker 2: the time guys for prosecutors when they try to retry. 679 00:37:32,960 --> 00:37:38,239 Speaker 5: Yeah, the longer it takes from incident to trial, witnesses 680 00:37:38,360 --> 00:37:43,160 Speaker 5: memories fade, information gets lost. It makes it significantly harder. 681 00:37:43,800 --> 00:37:45,400 Speaker 4: Where will this tild take place? 682 00:37:47,000 --> 00:37:51,919 Speaker 5: It's Norfolk County again, Yes, okay, yes, I always get 683 00:37:51,920 --> 00:37:54,960 Speaker 5: confused with Cohact because it seems closer to Plymouth contes. 684 00:37:55,719 --> 00:37:58,239 Speaker 4: It seems weird that it's in Norfolk County. 685 00:37:58,400 --> 00:37:58,719 Speaker 6: It is. 686 00:37:58,840 --> 00:37:59,120 Speaker 4: Wow. 687 00:38:00,000 --> 00:38:03,239 Speaker 2: Well, all right, thank you so much. I appreciate you 688 00:38:03,360 --> 00:38:06,920 Speaker 2: coming by. And before you go, tell me what we're 689 00:38:06,960 --> 00:38:09,759 Speaker 2: at school at the Massachusetts School of Law. 690 00:38:09,800 --> 00:38:10,319 Speaker 4: What's going on. 691 00:38:10,440 --> 00:38:12,959 Speaker 5: We're just about done this semester. We've got a couple 692 00:38:13,000 --> 00:38:15,840 Speaker 5: more weeks left. We just got approval for a Master's 693 00:38:15,880 --> 00:38:20,400 Speaker 5: of Science and Law, which we'll be starting in January 694 00:38:20,520 --> 00:38:23,920 Speaker 5: with help from the Comings Foundation, which has supported us 695 00:38:23,960 --> 00:38:27,759 Speaker 5: in this endeavor merging law and business because we think 696 00:38:27,800 --> 00:38:30,840 Speaker 5: business people need to know more about law, and lawyers 697 00:38:30,880 --> 00:38:32,720 Speaker 5: need to know more about business issues. 698 00:38:32,800 --> 00:38:34,520 Speaker 6: So it's an interesting time. 699 00:38:35,480 --> 00:38:37,520 Speaker 2: I appreciate you coming by. Folks who have a couple 700 00:38:37,520 --> 00:38:39,440 Speaker 2: more topics come up. One of them is going to 701 00:38:39,480 --> 00:38:43,040 Speaker 2: be this kind of controversial topic. Do you think that 702 00:38:43,120 --> 00:38:48,560 Speaker 2: it is morally okay to order something online for example Amazon, 703 00:38:49,280 --> 00:38:52,520 Speaker 2: use it and return it, And you think it's okay 704 00:38:52,560 --> 00:38:55,000 Speaker 2: to use it with the intention of using it and 705 00:38:55,120 --> 00:38:55,719 Speaker 2: returning it. 706 00:38:55,760 --> 00:39:00,719 Speaker 4: Is that morally okay? Jeff's rich after role, it's w 707 00:39:00,920 --> 00:39:01,160 Speaker 4: B's