WEBVTT - Karmelo Anthony DENIED A New Trial 0:00:02.160 --> 0:00:06.560 Hey, that folks. It is Sunday, August twenty third. Carmelo 0:00:07.000 --> 0:00:11.479 Anthony has been denied his request for a new trial 0:00:11.520 --> 0:00:14.520 and a decision that came down late. And with that, 0:00:14.640 --> 0:00:18.960 welcome to this episode of Amy and TJ. Rookes didn't 0:00:19.000 --> 0:00:20.840 expect it when we got it, had two days of 0:00:20.880 --> 0:00:23.159 hearings Carmelo Anthony. People know this story by now. This 0:00:23.280 --> 0:00:27.639 was a really really big deal. As of now his 0:00:27.760 --> 0:00:28.960 conviction stands. 0:00:29.520 --> 0:00:33.479 Yeah, so it was sur It was surprising to me 0:00:33.640 --> 0:00:37.000 the decision itself, and it was also surprising the timing 0:00:37.080 --> 0:00:39.960 of when it came out. It's very rare that you 0:00:40.000 --> 0:00:44.520 get a late Saturday ruling from a judge and one 0:00:44.560 --> 0:00:48.040 that had been closely watched, because Thursday and Friday of 0:00:48.280 --> 0:00:51.080 last week were just jaw dropping in terms of what 0:00:51.200 --> 0:00:54.960 we learned that we didn't know and what George didn't 0:00:55.000 --> 0:00:57.040 know going into the trial. 0:00:57.320 --> 0:01:03.000 M man and we thought it was nasty before whoooo u. 0:01:04.560 --> 0:01:07.520 Of course, this young man at the age of seventeen 0:01:08.440 --> 0:01:10.400 at a track meet with another seventeen year old and 0:01:10.440 --> 0:01:12.760 an opposing team and a different school. You know this 0:01:12.840 --> 0:01:14.640 by now. A lot of folks. There was a confrontation 0:01:14.680 --> 0:01:18.639 between the two Carmelo. Anthony is black, Austin Metcalf is white. 0:01:19.280 --> 0:01:22.320 Whatever confrontation that did happen, Carmelo pulls out a knife, 0:01:22.319 --> 0:01:25.120 stabs the young man in the chest. He dies, now robes. 0:01:25.120 --> 0:01:29.000 That gets us to what was really an awful several 0:01:29.000 --> 0:01:30.959 months of back and forth leading up to that trial 0:01:31.000 --> 0:01:34.560 because race became such a part of the dynamic. 0:01:34.959 --> 0:01:38.680 Yeah, and then it was even worse. I think once 0:01:38.800 --> 0:01:43.479 the verdict came down, then both sides polarized even more, 0:01:43.560 --> 0:01:46.440 if that was possible. But then we started hearing from 0:01:46.480 --> 0:01:50.520 Austin Metcalf's dad, who was obviously in pain and just 0:01:50.560 --> 0:01:53.680 started going on podcast and took things to another level. 0:01:53.800 --> 0:01:58.320 Was it watermelon? Mellow watermelon? He called them something along 0:01:58.360 --> 0:02:02.640 those lines, nothing short of absolutely atrocious racist language. There's 0:02:02.680 --> 0:02:06.480 some stuff you'd give somebody a pass on. Being angry 0:02:06.480 --> 0:02:09.080 and upset and yelling and screaming. This was something else. 0:02:09.520 --> 0:02:10.200 This was racist. 0:02:10.320 --> 0:02:13.600 He had every right to feel anger, as I would 0:02:13.639 --> 0:02:17.079 think anyone who has lost a child to violence. When 0:02:17.080 --> 0:02:19.560 you are talking about the person who took your son 0:02:19.639 --> 0:02:24.280 from you, who killed your son, we all understand, well, 0:02:24.360 --> 0:02:27.360 we can imagine I'll take the back. We don't understand, 0:02:27.360 --> 0:02:30.960 but we can imagine how gutting an awful and angry 0:02:31.000 --> 0:02:36.959 and frustrated you would be. But that doesn't excuse racist, 0:02:37.760 --> 0:02:41.360 vile terms than being hurled at someone, which, of course 0:02:41.520 --> 0:02:45.960 then in sight an entire community and raise the stakes 0:02:46.200 --> 0:02:49.360 and have everyone going to their corners and create just 0:02:49.480 --> 0:02:52.959 this ugliness on top of something that was already brutal 0:02:53.000 --> 0:02:56.760 and ugly. You've made things significantly worse. 0:02:56.840 --> 0:03:01.400 And things are unfortunately, at least the language JH has 0:03:01.440 --> 0:03:05.760 gotten significantly worse after what we saw at this mini hearing, 0:03:05.800 --> 0:03:07.959 I guess you will. It was a mini trial, I 0:03:08.000 --> 0:03:10.040 should say, but it was a hearing on a motion 0:03:10.160 --> 0:03:13.480 to get him a new trial. Robes, it was watermelon felon. 0:03:13.600 --> 0:03:16.120 By the way, oh god, is what he called carmelo 0:03:16.160 --> 0:03:21.440 anthony after the trial watermelon felon. So, Robes, do you 0:03:21.440 --> 0:03:24.480 hear that? And like, wow, where did that? Is not 0:03:24.720 --> 0:03:30.400 normal to speak like that. We might have an indication 0:03:30.440 --> 0:03:34.000 of where that came from or who it passed to, 0:03:34.200 --> 0:03:36.680 who it passed to? There it is, but at least 0:03:36.720 --> 0:03:38.920 getting into what happened here. The ruling from the judge 0:03:38.960 --> 0:03:41.400 he said this, and it was short and sweetened to 0:03:41.400 --> 0:03:43.320 the point upon reviewing the motion, the record and the 0:03:43.320 --> 0:03:45.960 evidence and argument that briefs, and the relevant case law, 0:03:46.000 --> 0:03:48.720 the court has determined that the motion should be denied, 0:03:48.960 --> 0:03:51.040 period point blank. He is not getting, at least at 0:03:51.040 --> 0:03:55.320 this point a new trial robes the centerpiece of this motion. 0:03:55.480 --> 0:03:57.320 For them trying to get a new trial had to do. 0:03:58.520 --> 0:04:00.280 I don't even know how this is legally allowed. A 0:04:00.360 --> 0:04:04.000 gentleman's agreement that was made in the first trial in 0:04:04.040 --> 0:04:06.800 his trial between the prosecutors and the defense rope to 0:04:06.960 --> 0:04:10.920 keep certain character evidence out of the trial. 0:04:11.440 --> 0:04:16.039 Yeah, this feels like, I don't know, old days, old times, 0:04:16.200 --> 0:04:19.840 something that happened before we had the legal system in 0:04:19.920 --> 0:04:23.920 place that we do today. It does seem icky and 0:04:24.000 --> 0:04:26.600 it shouldn't be legal. It feels like to me, this 0:04:26.680 --> 0:04:30.400 should be something a judge should have decided, And that's 0:04:30.400 --> 0:04:35.040 how we typically see these arrangements made. Obviously, in plenty 0:04:35.040 --> 0:04:38.400 of cases, a judge rules what's admissible and what's not, 0:04:38.560 --> 0:04:42.160 and whether or not past acts or past behavior should 0:04:42.160 --> 0:04:44.960 be allowed to be considered by jurors. But the point 0:04:45.000 --> 0:04:49.120 being a judge makes that decision, and both sides make 0:04:49.160 --> 0:04:53.640 their arguments to that judge outside of the jury to 0:04:53.680 --> 0:04:57.240 hear that that's not how this agreement came about. Is 0:04:57.360 --> 0:04:58.960 deeply concerning. 0:04:59.040 --> 0:05:01.880 Folks, to be clear here, in that first trial, and 0:05:01.920 --> 0:05:05.239 this is something we did not know about as the public, 0:05:05.920 --> 0:05:10.120 the prosecutor, and the defense essentially shook hands and say, hey, 0:05:10.760 --> 0:05:13.840 we're not going to say the bad stuff about Carmelo's 0:05:13.920 --> 0:05:16.880 past if you don't say the bad stuff about Austin 0:05:16.960 --> 0:05:21.000 Metcalf's past. That was the agreement to keep character stuff 0:05:21.040 --> 0:05:22.960 out to where all we're going to talk about in 0:05:22.960 --> 0:05:28.840 this trial is what happened on that day, Robes. Why 0:05:28.839 --> 0:05:32.200 would both sides agree to this? It seems like they 0:05:32.240 --> 0:05:35.240 thought it was beneficial in some way to both sides 0:05:35.320 --> 0:05:35.760 to do this. 0:05:36.400 --> 0:05:39.760 Yes, but should it be their decision and not a 0:05:39.920 --> 0:05:44.040 judge's about what's relevant and what's not because clearly to 0:05:44.080 --> 0:05:48.520 say it's only about what happened in that small window 0:05:48.560 --> 0:05:52.920 of time that led to Carmelo Anthony's stabbing Austin Metcalf 0:05:53.120 --> 0:05:57.320 in the heart essentially, But wouldn't we need to know 0:05:59.240 --> 0:06:04.160 what led to that moment, what each person Austin Metcalf, 0:06:05.080 --> 0:06:10.120 Carmelo Anthony was thinking and feeling leading up to that horrific, 0:06:10.240 --> 0:06:15.240 tragic moment I would say yes because it would It 0:06:15.279 --> 0:06:18.600 would absolutely, I think help the defense because wouldn't we 0:06:18.680 --> 0:06:21.440 need to know state of mind and frame of reference 0:06:21.920 --> 0:06:27.160 and any reputation that Austin Metcalf might bring to the 0:06:27.279 --> 0:06:32.440 confrontation in addition to his size, Like, shouldn't I can't imagine. 0:06:32.560 --> 0:06:36.320 I know, obviously, what were we learned about Carmelo Anthony 0:06:36.560 --> 0:06:40.520 wasn't great and absolutely would have been used against him. 0:06:40.600 --> 0:06:44.480 So yeah, But at the same time, what we didn't 0:06:44.520 --> 0:06:48.599 know about Austin Metcalf could absolutely have influenced a jury 0:06:48.600 --> 0:06:50.719 to think, you know what, he had every right to 0:06:50.800 --> 0:06:53.560 think his life was being threatened. 0:06:53.839 --> 0:06:57.440 And then the other side would make the argument is that, look, 0:06:57.560 --> 0:07:01.600 Carmelo Anthony came and he owed up already as a 0:07:01.960 --> 0:07:04.880 violent person, as a person who had what on the 0:07:05.000 --> 0:07:07.240 verge was a text that he's saying, we're gonna get 0:07:07.240 --> 0:07:09.120 through that stuff here in a second. If you haven't 0:07:09.160 --> 0:07:13.520 heard it, it is remarkable Robes that the backgrounds of 0:07:13.560 --> 0:07:16.720 these two young men were not known by the jury. 0:07:16.800 --> 0:07:21.120 Now does that matter? Should it matter? That's not for 0:07:21.240 --> 0:07:23.960 me to say, it's for them. The jury didn't get 0:07:23.960 --> 0:07:26.240 a chance to decide this because a couple of attorneys 0:07:26.240 --> 0:07:27.800 shook hands in a back room. 0:07:27.920 --> 0:07:30.960 Yeah, I look at it from being a potential jurors perspective, 0:07:31.040 --> 0:07:33.680 and as a juror, just ask yourself, would you rather 0:07:33.800 --> 0:07:36.400 know as much information as possible to make the best 0:07:36.400 --> 0:07:40.000 decision possible? And look, I don't believe, I don't think 0:07:40.560 --> 0:07:42.440 I could be wrong, but I think a lot of 0:07:42.480 --> 0:07:46.320 folks think it would have still been a very tough 0:07:46.400 --> 0:07:50.120 hill for Carmelo Anthony's defense team to climb given what 0:07:50.160 --> 0:07:53.160 we know about what happened that day. But I would 0:07:53.240 --> 0:07:56.520 think that the sentencing would have been deeply impacted by 0:07:56.560 --> 0:07:58.880 some of this information, or there would be a better 0:07:58.960 --> 0:08:04.680 understanding about Carmelo's Carmelo Anthony's state of mind in those moments. 0:08:04.920 --> 0:08:08.000 And just as a juror, wouldn't we all prefer to 0:08:08.040 --> 0:08:10.600 have as much information as possible to make the best 0:08:10.600 --> 0:08:13.640 decision possible? Because maybe he would have gotten there were 0:08:13.680 --> 0:08:17.520 several murder charges available. Correct, it didn't have to be 0:08:17.640 --> 0:08:19.960 first degree, It could be second degree, There could have 0:08:20.200 --> 0:08:23.320 and all of those other factors could have absolutely played 0:08:23.320 --> 0:08:26.239 a role in what they found, which charges they found 0:08:26.240 --> 0:08:27.600 Carmelo Anthony guilty of. 0:08:28.280 --> 0:08:31.080 Uh, all of that makes sense. I am kind of 0:08:31.120 --> 0:08:34.199 blown away by this by two guys in a back. 0:08:34.280 --> 0:08:36.200 The judge had nothing to do with it. It seems 0:08:36.320 --> 0:08:40.360 like malpractices. It seems like it shouldn't be like And again, 0:08:40.360 --> 0:08:41.880 maybe this is some common thing that happens that we 0:08:41.880 --> 0:08:43.960 don't hear about it distance happened to be a high 0:08:44.000 --> 0:08:48.000 profile case. But whatever the case, the new judge, and 0:08:48.040 --> 0:08:50.400 again we should remind you this was a new judge 0:08:50.559 --> 0:08:53.000 as well, because the defense did want a new judge 0:08:53.000 --> 0:08:54.560 to hear this. Because the other guy was out there 0:08:54.600 --> 0:08:56.559 popping off at the mouth. It made it. 0:08:56.520 --> 0:08:58.280 Sound like the jury got it right. 0:08:58.400 --> 0:09:00.480 Yeah, so we kind of do its side he was on, 0:09:00.559 --> 0:09:02.840 but they did get a new judge. Now, Carmelo Anthony's 0:09:02.880 --> 0:09:06.079 attorneys will share the statement that they did put out 0:09:06.120 --> 0:09:08.720 in road. Just so far, it sounds like this is 0:09:08.760 --> 0:09:10.160 only the first step in this fight. 0:09:10.360 --> 0:09:14.320 Yes, they absolutely made it clear that they were not 0:09:14.559 --> 0:09:17.880 going to be just saying okay, well we're done, that 0:09:17.960 --> 0:09:20.239 this was just the first step, and they did realize 0:09:20.360 --> 0:09:22.000 that there would be more to come. This was their 0:09:22.240 --> 0:09:25.560 official statement. We are disappointed that the court denied our 0:09:25.640 --> 0:09:29.560 motion for a new trial. We respectfully disagree with the ruling. 0:09:29.640 --> 0:09:33.120 And remain firmly committed to protecting our client's rights. We 0:09:33.160 --> 0:09:36.440 believe the issues raised in our motion are substantial and 0:09:36.520 --> 0:09:40.640 deserve meaningful appellate review. The denial of our motion does 0:09:40.679 --> 0:09:43.840 not end this case. We will continue the appeal in 0:09:43.880 --> 0:09:47.000 the Fifth Court of Appeals and pursue every legal remedy 0:09:47.040 --> 0:09:50.280 available to our client. Our commitment to our client has 0:09:50.280 --> 0:09:53.720 not changed. We will continue to advocate vigorously on his 0:09:53.800 --> 0:09:57.040 behalf through every lawful avenue available. 0:09:58.040 --> 0:10:00.679 So then the next avenue is going to be Court 0:10:00.720 --> 0:10:02.760 of Appeals. What they've already said they are going to 0:10:02.760 --> 0:10:04.679 be going forward with. I thought this was just interesting. 0:10:04.720 --> 0:10:08.120 There's a group out there stand with Carmelo Coalition, and 0:10:08.160 --> 0:10:09.960 they do. They put up a website and they follow 0:10:10.040 --> 0:10:12.960 this case, and it's pretty substantial group growth. They are 0:10:13.400 --> 0:10:15.800 They have been following this and giving significant updates. They 0:10:15.800 --> 0:10:18.560 put out a pretty long statement, but some of the 0:10:18.600 --> 0:10:21.160 relevant parts here are kind of underlining That jumped out 0:10:21.200 --> 0:10:24.640 to me. Robes is the defense made consequential decisions throughout 0:10:24.679 --> 0:10:27.040 the trial and reliance upon an agreement with the state 0:10:27.559 --> 0:10:30.720 concerning the evidence that would and would not be introduced, 0:10:30.760 --> 0:10:33.720 only to have the state change his position at a 0:10:33.760 --> 0:10:37.240 critical point in the proceedings. They explained in a very 0:10:37.280 --> 0:10:40.560 succinct way, but Robes that is the point they're saying 0:10:40.600 --> 0:10:43.880 is that the state changed and therefore, when they did, 0:10:43.960 --> 0:10:47.160 the defense was not comfortable putting Carmelo Anthony on the 0:10:47.200 --> 0:10:50.560 stand in his own defense. That's a significant argument that 0:10:50.640 --> 0:10:52.800 he didn't get a chance to speak at his own 0:10:53.160 --> 0:10:58.120 trial because of this deal that was made. Now, obviously 0:10:58.240 --> 0:10:59.760 you could take the stand if you want to, you 0:10:59.800 --> 0:11:04.400 have the right, but how is the deal then valid 0:11:04.800 --> 0:11:06.920 because it wasn't officially on the record. 0:11:07.440 --> 0:11:11.440 It's so bizarre and it's such a legal gray area 0:11:11.520 --> 0:11:14.440 given how they did it. It seems so strange. If 0:11:14.440 --> 0:11:16.560 this had been done in front of a judge, this 0:11:16.640 --> 0:11:19.960 would be verifiable and you'd be able to look at 0:11:19.960 --> 0:11:21.640 the records. And so that's why this kind of thing 0:11:21.679 --> 0:11:27.520 shouldn't be legal, because now it's just murky and confusing. 0:11:27.600 --> 0:11:30.959 To be honest, I'm curious too, because, yes, the defense 0:11:31.000 --> 0:11:33.920 has said the reason why Anthony Carmelo Anthony didn't take 0:11:33.960 --> 0:11:36.400 the stand was because they didn't feel comfortable anymore with 0:11:36.480 --> 0:11:39.880 this deal. Did they get specific as to what the 0:11:39.960 --> 0:11:43.280 prosecution did or did not do that made them start 0:11:43.320 --> 0:11:46.200 to question that they were holding up their end of 0:11:46.200 --> 0:11:47.960 the bargain or that they would hold up their end 0:11:48.000 --> 0:11:48.400 of the barblet. 0:11:48.440 --> 0:11:50.280 There was one and I guess we were more familiar 0:11:50.320 --> 0:11:52.959 with this on legal shows and whatnot. But he well, no, 0:11:53.080 --> 0:11:56.960 we watch a lot of actual courtrooms. But that moment 0:11:57.080 --> 0:12:01.120 when one thing is said in the opposing side will say, well, 0:12:01.440 --> 0:12:05.120 they opened the door. There was something that was testified 0:12:05.160 --> 0:12:07.800 to in court that they felt the state at least 0:12:08.640 --> 0:12:10.640 they opened the door to it. Now we can go 0:12:11.000 --> 0:12:13.760 we don't have to honor this deal. That was the feeling. 0:12:13.840 --> 0:12:16.880 Of course the defense didn't agree. But Roes, how can 0:12:16.920 --> 0:12:20.040 you go to court and argue that the state violated 0:12:20.720 --> 0:12:22.280 an agreement? What agreement? 0:12:22.679 --> 0:12:23.079 Exactly? 0:12:23.160 --> 0:12:26.720 Where is it? What a judge could admonish the state 0:12:26.800 --> 0:12:28.360 if he had told them to do a certain thing 0:12:28.400 --> 0:12:30.600 and then they didn't do it. That's not the case. 0:12:31.000 --> 0:12:34.200 This is like a contract. Robes, How is somebody gonna 0:12:34.200 --> 0:12:36.760 come sue us because we said one time in a 0:12:36.800 --> 0:12:38.560 subway that we were going to hire them for something 0:12:38.559 --> 0:12:39.120 and then we didn't. 0:12:39.240 --> 0:12:42.240 They looked us in the eyes, they shook our hands. 0:12:42.320 --> 0:12:43.439 It doesn't hold up in courts. 0:12:43.440 --> 0:12:45.360 It's not how this works. The district attorney also put 0:12:45.400 --> 0:12:48.079 out a statement saying they respect the decision, but they 0:12:48.080 --> 0:12:51.559 also say they expected it. Robes, this is what we 0:12:51.640 --> 0:12:54.320 expected to happen, and they stand by ready and waiting 0:12:54.360 --> 0:12:56.520 for whatever next thing that might happen. But stay here, 0:12:56.559 --> 0:13:00.240 if you have not heard, the centerpiece of this whole 0:13:00.320 --> 0:13:02.920 motion for them to try to get a new trial 0:13:03.000 --> 0:13:05.400 has a lot to do with the character information that 0:13:05.440 --> 0:13:10.680 we have now just learned about Austin Metcalf and Carmelo Anthony. 0:13:11.400 --> 0:13:14.080 It is ugly and a lot of it is some 0:13:14.280 --> 0:13:26.880 racist and violent stuff. Stay here, all right, we continue 0:13:26.920 --> 0:13:30.320 here on this Sunday, August twenty third, is getting worded 0:13:30.360 --> 0:13:33.240 late yesterday that Carmelo Anthony will not be getting a 0:13:33.280 --> 0:13:37.000 new trial, but they will continue with their appeals and 0:13:37.000 --> 0:13:39.880 options that they do have ropes. They kept the character 0:13:39.920 --> 0:13:42.360 information about these two young men out of the first 0:13:42.360 --> 0:13:46.000 trial because of this deal we're talking about. Holy hell, 0:13:46.120 --> 0:13:48.960 it looks I don't know what these things have canceled 0:13:48.960 --> 0:13:52.240 each other out because so much of this stuff is 0:13:52.480 --> 0:13:55.680 jaw dropping. When you're talking about seventeen year olds in rows, 0:13:55.720 --> 0:13:59.160 when you're talking about a violent confrontation that ended in violence. 0:14:00.000 --> 0:14:03.560 Excuse me, that ended in the death. The two characters 0:14:03.600 --> 0:14:07.320 here robes are the exact last two people who should 0:14:07.360 --> 0:14:08.240 have been in a confrontation. 0:14:08.920 --> 0:14:11.560 It's so true and it's so tragic when you start 0:14:11.600 --> 0:14:14.080 to see what they both brought to that moment that 0:14:14.120 --> 0:14:17.599 we were all unaware of. And yes, I don't know 0:14:17.640 --> 0:14:20.240 if it would have canceled each other. I don't know, 0:14:20.240 --> 0:14:22.400 But isn't that the point? Shouldn't a jury have been 0:14:22.440 --> 0:14:27.400 able to make that determination. That's what seems frustrating about 0:14:27.480 --> 0:14:29.480 it all. But yes, we learned. We can start with 0:14:29.520 --> 0:14:33.320 Austin metcap the victim in this. But yeah, the defense 0:14:33.560 --> 0:14:36.760 was able to provide documents that showed both Austin and 0:14:36.800 --> 0:14:40.480 his twin brother Hunter got twelve months of probation for 0:14:40.640 --> 0:14:45.440 a racist graffiti incident where yeah, the racist language they 0:14:45.440 --> 0:14:50.480 were spray painting or graffiti ing included KKK, kill all blacks, 0:14:50.920 --> 0:14:55.320 the N word, hyl hitler. I mean, so they and 0:14:55.440 --> 0:14:59.000 obviously people knew about this and what these two had done. 0:14:59.080 --> 0:15:04.120 And so yes, that would have gone absolutely in Carmelo 0:15:04.160 --> 0:15:08.440 Anthony's defense, and that he's now being confronted by this 0:15:09.560 --> 0:15:13.920 larger Austin Metcalf with his twin brother right there, who 0:15:14.000 --> 0:15:21.600 are known to have proudly spray painted horrific racist, threatening 0:15:21.720 --> 0:15:23.480 language on a wall recently. 0:15:23.640 --> 0:15:26.640 Okay, that's fine. Somebody could hear that and go, okay, 0:15:26.840 --> 0:15:30.160 stupid kid whatever. That doesn't mean he was violent, or 0:15:30.200 --> 0:15:34.640 he was angry, or even that he hates black people. Robes, 0:15:35.200 --> 0:15:39.600 and then it goes on and on and on. The 0:15:39.680 --> 0:15:45.680 defense kept presenting incidents robes over the past several years 0:15:45.680 --> 0:15:48.800 of these young men, both of whom are seventeen, both men. 0:15:49.400 --> 0:15:52.320 If you don't realize Austin Metcalf has a twin brother, Hunter, 0:15:53.160 --> 0:15:55.600 these two ropes, some of these incidents go back twenty 0:15:55.800 --> 0:16:01.040 twenty three, twenty four and whatnotes, weren't they fourteen fifteen 0:16:01.120 --> 0:16:02.160 year old kids at the time. 0:16:02.360 --> 0:16:06.160 Yeah, And there were documented cases of Austin bullying a 0:16:06.200 --> 0:16:10.720 black student. A teacher even sent an email reporting Austin 0:16:10.800 --> 0:16:15.080 for using racist language and bullying this black student, and 0:16:15.120 --> 0:16:19.520 then his twin brother, Hunter threatened to strike cheerleaders. Parents 0:16:19.520 --> 0:16:22.200 even reported that the girls were scared of both Austin 0:16:22.240 --> 0:16:26.520 and Hunter. That Hunter, I believe told the cheerleaders that 0:16:26.560 --> 0:16:32.200 his hands are bisexual, meaning he'll hit either gender. Another 0:16:32.280 --> 0:16:37.480 female student says the twins assaulted her in twenty twenty four. Austin, 0:16:37.520 --> 0:16:41.360 by the way, this was significant, has been suspended seven 0:16:41.680 --> 0:16:46.080 times for disciplinary issues, including cursing at teachers. He was 0:16:46.120 --> 0:16:49.520 suspended once after he discussed bringing a gun to school. 0:16:51.160 --> 0:16:55.080 Hunter has six document documented instances of telling a teacher 0:16:55.120 --> 0:16:59.000 to shut up. There's video from Austin's phone showing him 0:16:59.080 --> 0:17:01.680 laughing at a black sat student. The student tells him 0:17:01.720 --> 0:17:05.280 to stop, and he hits him in the face. Another 0:17:05.400 --> 0:17:09.639 video on his phone showing a black student eating a banana, 0:17:09.760 --> 0:17:14.320 and he's obviously making all of the imaginable racist comparisons 0:17:14.320 --> 0:17:16.199 that you can think of, and then cheering on a 0:17:16.240 --> 0:17:20.639 friend who's chasing a black kid and yelling racial slurs 0:17:20.680 --> 0:17:26.040 at him. This sounds like the most racially motivated menace 0:17:26.160 --> 0:17:29.720 and maybe even gender motivated menace that you could imagine, 0:17:29.760 --> 0:17:32.080 starting at a very young age. At your point, so 0:17:33.040 --> 0:17:36.040 to your point, so I would want to know all 0:17:36.080 --> 0:17:38.320 of these things. And it doesn't mean he deserved to die, 0:17:38.720 --> 0:17:40.680 and it doesn't mean that he deserved to be. 0:17:40.640 --> 0:17:41.320 A murder victor. 0:17:41.800 --> 0:17:44.200 But when you bring all of that energy and all 0:17:44.280 --> 0:17:48.320 of that history and all of that known violent racist 0:17:48.400 --> 0:17:53.760 behavior to a situation that I don't know. I guess 0:17:53.840 --> 0:17:58.720 the big smoking gun would be if Carmelo Anthony and 0:17:58.800 --> 0:18:01.760 his friends and the community were all very aware of 0:18:01.800 --> 0:18:06.439 this in that moment or at least some of those instances. 0:18:07.520 --> 0:18:10.560 According to the defense, Carmelo Anthony did at least on 0:18:10.560 --> 0:18:14.800 one occasion was aware of these boys from some other incident. 0:18:14.840 --> 0:18:16.280 I think it was out a basketball game. So they 0:18:16.280 --> 0:18:18.440 tried to make an argue. It wasn't that solid of one. 0:18:18.440 --> 0:18:20.160 He didn't know them or know them well, but they 0:18:20.160 --> 0:18:22.560 tried to suggest at least he's seen these young men 0:18:23.080 --> 0:18:25.920 in action, which again goes to some level of fear. 0:18:25.960 --> 0:18:27.920 It also goes to robes would that speak to a 0:18:28.000 --> 0:18:32.199 juror They go, okay, little, this smaller black kid is 0:18:32.240 --> 0:18:36.119 in there with these two guys who it's reasonable now 0:18:36.840 --> 0:18:40.159 to understand how they might react to him being in 0:18:40.200 --> 0:18:41.879 their tent exactly. 0:18:42.000 --> 0:18:44.080 And so we kind of got this feeling that they 0:18:44.119 --> 0:18:47.199 were just trying to do due diligence and following their 0:18:47.240 --> 0:18:49.600 coaches orders and keeping the tent clear, and they were 0:18:49.640 --> 0:18:52.360 just trying. Now that we know this background, what were 0:18:52.359 --> 0:18:55.000 they saying And I'm not again I am not saying 0:18:55.040 --> 0:18:56.119 he deserved to be murdered. 0:18:56.160 --> 0:18:56.520 He didn't. 0:18:56.560 --> 0:18:59.560 But escalating the situation, what was he saying? What was 0:18:59.560 --> 0:19:03.639 he doing? None of that at all seemed like it 0:19:03.680 --> 0:19:06.479 was inappropriate what Austin was doing, And so it was 0:19:06.560 --> 0:19:10.040 kind of strange seeming and very unreasonable to think that 0:19:10.160 --> 0:19:14.920 Carmelo Anthony escalated it in the way he did. None 0:19:14.920 --> 0:19:18.200 of it really made sense. But hearing all of this now, 0:19:18.240 --> 0:19:21.240 perhaps you're getting a different view. And look, you asked 0:19:21.280 --> 0:19:24.760 if a juror, if what this would mean to a juror. 0:19:25.440 --> 0:19:28.840 There were no black jurors in that jury. 0:19:28.800 --> 0:19:32.320 So might not mean eithing exactly, might not mean the thing. 0:19:32.359 --> 0:19:35.040 So with this stuff, though, on the other side, would 0:19:35.040 --> 0:19:37.280 this have been relevant to a jury to hear that 0:19:37.359 --> 0:19:40.280 Carmelo Anthony actually sent a text message that day at 0:19:40.280 --> 0:19:42.919 one am to someone saying I'm low key on the verge. 0:19:43.359 --> 0:19:45.199 That was supposed to be some suggestion that maybe he 0:19:45.280 --> 0:19:47.600 was already wired for the day. That same day, his 0:19:47.600 --> 0:19:51.760 girlfriend allegedly reported to an assistant principle of his stalking behavior. 0:19:52.119 --> 0:19:55.320 Also another text message they pointed out, in which it 0:19:55.400 --> 0:19:58.080 seems he was texting someone and it seemed to confirm 0:19:58.080 --> 0:20:01.840 that he had hit a girl in the face at 0:20:01.840 --> 0:20:05.480 some point. There are more here in which they pointed out, 0:20:05.520 --> 0:20:08.119 I will shoot up the school tomorrow than he followed 0:20:08.160 --> 0:20:11.120 up saying I'm kidding, I would never actually do that. 0:20:11.400 --> 0:20:13.840 Another text thing I like punching people. Another one saying 0:20:13.840 --> 0:20:15.960 when I get mad, I can't control myself. Text to 0:20:16.000 --> 0:20:18.720 his girlfriends saying I'm gonna get you. Quote how many 0:20:18.720 --> 0:20:21.320 bullets you want? Quote when I stab somebody, I'm gonna 0:20:21.359 --> 0:20:23.200 lick the blade off the table, off the blade. 0:20:23.480 --> 0:20:23.720 Ropes. 0:20:23.760 --> 0:20:26.760 All that stuff is not something I understand that a's fifteen, sixteen, 0:20:26.840 --> 0:20:29.479 seventeen year old kids should be saying. Why they're saying it. 0:20:29.560 --> 0:20:32.439 That's pretty damning as well, Robes. And that would have 0:20:33.080 --> 0:20:36.760 possibly had an impact on a juror jury that does 0:20:36.800 --> 0:20:39.840 not include any black people, and a jury that might 0:20:40.400 --> 0:20:44.200 think that what they think of black people and black 0:20:44.440 --> 0:20:48.639 men and young black men. All of that reads like, 0:20:48.720 --> 0:20:51.600 oh yeah, that might have hurt him even worse. And 0:20:51.640 --> 0:20:53.520 there's some suggestion Robe, you sure you want a new 0:20:53.560 --> 0:20:57.639 trial because what if he gets sixty years next time? Well, 0:20:58.440 --> 0:21:01.320 because what do you go, Ropes, This is awful Star, 0:21:02.200 --> 0:21:05.080 I'm with you, babe. It's just that the juror should 0:21:05.119 --> 0:21:07.560 have had the option exactly. But then the other part 0:21:07.600 --> 0:21:11.840 of that robes is there is context in these two 0:21:11.920 --> 0:21:15.480 things that you need maybe a black person to be 0:21:15.600 --> 0:21:16.720 in the room to understory. 0:21:16.720 --> 0:21:18.960 So I think, to me, just hearing all of this, 0:21:19.000 --> 0:21:21.560 and yes, when I stab somebody, I'm gonna lick their 0:21:21.560 --> 0:21:25.120 blood off the blade, that that's a really hard thing 0:21:25.640 --> 0:21:30.199 given what happened on the bleachers in that Texas track meet. 0:21:30.280 --> 0:21:32.439 So yes, that that to me was the most damning 0:21:32.480 --> 0:21:35.000 of them all. But I do think that one of 0:21:35.040 --> 0:21:37.359 the biggest issues, and this was this brought up. I 0:21:37.400 --> 0:21:39.600 don't remember this being a thing about there being no 0:21:39.720 --> 0:21:40.960 black jurors. 0:21:41.560 --> 0:21:43.520 In this back and forth. You don't have a right 0:21:43.600 --> 0:21:45.640 to it necessarily, right. 0:21:46.240 --> 0:21:50.120 Your peers, because I do think that is that is 0:21:50.160 --> 0:21:53.240 to me, that was the biggest travesty. I have said 0:21:53.240 --> 0:21:56.040 this a lot of folks listening here who are white, 0:21:56.720 --> 0:22:01.440 just imagine you are a white person, you killed a 0:22:03.200 --> 0:22:09.440 black person, and they're kind of being hailed a wonderful 0:22:09.520 --> 0:22:12.919 human being who was looking forward to college. So you're white, 0:22:13.359 --> 0:22:15.520 you've killed a black person, and now you're on a 0:22:15.600 --> 0:22:18.160