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Speaker 1: Hey, the folks, it is Friday, January twenty third, and

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Speaker 1: they have saved their best for last. The defense in

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Speaker 1: the oh Pair affair murder trial. Bombshell after bombshell in

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Speaker 1: testimony today and this headline he will testify in his

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Speaker 1: own defense. Welcome to this episode of Amy and TJ.

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Speaker 1: We watch a lot of trials. This is practically unheard

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Speaker 1: of in the case this big and certainly a murder case.

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Speaker 2: This never happens. I mean, this is so rare.

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Speaker 3: As any defense attorney will tell you, they always advise

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Speaker 3: their client not to speak. And one of the main

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Speaker 3: reasons why they always seemingly encourage their.

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Speaker 2: Clients not to testify is because they will be cross.

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Speaker 3: Examined, not gonna go well, and it ends up doing

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Speaker 3: more harm than good. So to hear that this salacious

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Speaker 3: trial that has so many hallmarks of a crazy made

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Speaker 3: for TV movie that you wouldn't even believe. You had

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Speaker 3: the O Pair testify, which was significant, and now you

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Speaker 3: have the husband and the lover testifying.

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Speaker 2: Holy mully, and.

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Speaker 1: I think you all up on this case happening at

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Speaker 1: Fairfax County, Virginia. But Brendan Banfield accused of plotting with

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Speaker 1: his o pair who he was having an affair with,

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Speaker 1: plotting to kill his wife, and another man that they

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Speaker 1: set up to take the blame for the wife's murder.

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Speaker 1: This has a lot to do with digital forensics, and

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Speaker 1: that is where the battle is being fought right now. Robes,

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Speaker 1: we said, where are they going with this? What is

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Speaker 1: the defense doing? What are they setting up? Today? They

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Speaker 1: started dropping bombs.

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Speaker 3: Today was Holy help good because yesterday, if you all

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Speaker 3: have been listening along with us, I believe we were

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Speaker 3: saying things like, Okay, the blueprint is coming together.

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Speaker 2: We're starting to see a defense strategy.

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Speaker 3: Okay, there were no Perry Mason moments, but we see

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Speaker 3: what they're trying to do. There were Perry Mason, there

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Speaker 3: was a Parry There's a couple Perry Mason moments.

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Speaker 2: I believe I.

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Speaker 1: Yelled out in the from the other room. They just

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Speaker 1: had their moment. Because in all of this, Robes, the

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Speaker 1: key point of the prosecution case is that he plotted

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Speaker 1: with the old pair. A big part of that plotting

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Speaker 1: was they had to set up this fake fetish website

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Speaker 1: aunt in her name so they could lure the guy.

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Speaker 1: So if that didn't happen, then the prosecution case falls apart, well, robes.

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Speaker 1: They got two forensics experts on the stand who were

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Speaker 1: the primary forensics experts for that case, and both of

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Speaker 1: them are saying the same thing.

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Speaker 3: Yes, And these are officers and detectives who work for

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Speaker 3: the Fairfax Police Department. So these aren't defense experts that

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Speaker 3: they've found and called and are having testify on their behalf. No,

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Speaker 3: these would be the guys you would think would be

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Speaker 3: prosecution witnesses. So that's what gives them even extra credibility

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Speaker 3: here at this point. It's not like it's a defense

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Speaker 3: expert witness.

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Speaker 2: These are Fairfax.

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Speaker 3: County detectives who specialize in digital forensics. And we had

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Speaker 3: them say some things, or we heard them say a

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Speaker 3: few things that were actually perhaps trial.

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Speaker 2: Changing because verdict changing.

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Speaker 1: They built a case of piece by piece, slowly, methodically.

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Speaker 1: You could even argue at times it was boring if

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Speaker 1: you weren't listening, but when you paid attention, every time

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Speaker 1: you ate what wait what, Because they showed, according to

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Speaker 1: this expert, instance after instance after instance where he said

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Speaker 1: this Christine Banfield device is being used, seconds later the

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Speaker 1: other one was being used as well. He connected the

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Speaker 1: dots to say there is no way that anybody had

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Speaker 1: time to take her laptop, because according to my data,

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Speaker 1: she was in possession of her device. As holy hell,

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Speaker 1: Holy hell.

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Speaker 3: Because yes, there was a lot of steps by the

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Speaker 3: way to get to this bet life website and to

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Speaker 3: communicate with anybody who they might be trying to set

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Speaker 3: up a tryst with you went onto these.

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Speaker 2: Other encrypted ways of communication.

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Speaker 3: Yeah, I don't know any but there's a bunch of

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Speaker 3: apps that had to be installed. And then they talked

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Speaker 3: about two factor authentication. So the point being is those secure.

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Speaker 3: There are security systems in place for these types of

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Speaker 3: apps and these types of communication where you have to

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Speaker 3: so you go on the computer, your phone then has

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Speaker 3: to authenticate, right, So now you've got two devices, and

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Speaker 3: then with seconds between, they say they can show that

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Speaker 3: whoever was using that computer went onto personal personal sites

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Speaker 3: that Christine only would go onto.

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Speaker 1: Limit.

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Speaker 3: Yes, so it was like things that you would one

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Speaker 3: hundred percent a tribute to Christine doing online and then

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Speaker 3: seconds later you'd have fet life, or seconds later you'd

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Speaker 3: have this encrypted telegram app and then you'd have two

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Speaker 3: factor authentication. Also of note, if you were taking someone's

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Speaker 3: device and putting this stuff on it while they were

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Speaker 3: sleeping or while they were in the shower. You would

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Speaker 3: then probably delete it off of the device so that

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Speaker 3: when the person got their device back, they wouldn't see

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Speaker 3: something they didn't recognize.

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Speaker 2: Nothing was deleted, Robes.

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Speaker 1: What's going on here? The prosecution is going to have

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Speaker 1: to explain all this.

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Speaker 2: This is incredible.

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Speaker 1: This was it, folks. The Perry Mason moment we talk about.

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Speaker 1: This was as explosive as it gets. When you had

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Speaker 1: the two experts who went through this digital evidence up

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Speaker 1: there saying, from what I collected, the digital evidence showed

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Speaker 1: me that it was Christine Banfield who set up the

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Speaker 1: account Robes. That is the end of the prosecute case.

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Speaker 1: If a single juror believes that.

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Speaker 3: Yes, and you had these detectives, say are evidence from

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Speaker 3: my expert conclusion is this does not fit. The digital

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Speaker 3: evidence does not fit with a cat fishing theory. I

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Speaker 3: didn't say that exactly how he said it, but essentially that.

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Speaker 2: Is what he said.

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Speaker 3: I have gone through extensively all of these devices, looked

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Speaker 3: at all the data, and it does not fit with

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Speaker 3: a cat fishing theory.

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Speaker 2: Holy hell.

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Speaker 1: He talked about his conclusions and again a powerful way

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Speaker 1: of putting it my conclusions were inconsistent with their theory

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Speaker 1: of the case. Both of these guys, I know Brenda Miller,

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Speaker 1: but both of these guys were moved off the case.

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Speaker 3: Yes, they were both removed from the case when their

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Speaker 3: conclusions did not match the other investigators catfishing theory.

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Speaker 2: That is damning.

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Speaker 3: So not only do they disagree, but now you have

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Speaker 3: investigators taking them off the case because they didn't agree

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Speaker 3: with them, and you had the defense starting yesterday building

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Speaker 3: up this notion with jurors that police got tumblevision, that

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Speaker 3: police created a theory and then found and tried to

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Speaker 3: put evidence together that matched that theory, and then eventually

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Speaker 3: flip Juliana almost a year later to regurgitate their theory.

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Speaker 3: That is what the defense is putting on right now,

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Speaker 3: and they're doing it really damn effectively.

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Speaker 1: You mentioned a wild idea is that this case ends

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Speaker 1: with him being acquitted or maybe a mistrial. What happens

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Speaker 1: if he's acquitted and they send her home free.

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Speaker 3: Juliana is the only one who's admitted to killing anyone.

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Speaker 2: We should point out if we probably haven't done this enough.

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Speaker 3: Brendan Banfield vehemently denies all of this, says he is innocent,

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Speaker 3: and now you have the only person who has admitted guilt,

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Speaker 3: Juliana Markhaal Eyes. She has reached this sweetheart deal. She

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Speaker 3: testified to this catfishing theory, and regardless, her deal is done.

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Speaker 3: So it doesn't matter if Brendan gets convicted or not.

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Speaker 3: It doesn't matter what happens.

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Speaker 1: What do you mean, like, could she possibly be gone

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Speaker 1: already or is she was she subject to recall?

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Speaker 2: She probably I don't know.

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Speaker 3: I can't remember if she was subject to recall, but

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Speaker 3: I would imagine she would have been because we do

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Speaker 3: know this, so we know Brendan Banfield is testifying. We

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Speaker 3: also know, as of yesterday the prosecution told the judge

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Speaker 3: they were going to recall two more witnesses.

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Speaker 2: So we don't know who those two witnesses are.

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Speaker 3: But I would think that it's possible that they could

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Speaker 3: recall Juliana. So I don't know that she's I feel

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Speaker 3: like if she'd left the country, we'd already know about

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Speaker 3: that right now. But I was just imagining if you're

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Speaker 3: if you're Christine's family, if you're Joe Ryan's fan, and

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Speaker 3: to think that the outcome could end up being that

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Speaker 3: the one woman who admitted to killing someone, Joe Ryan

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Speaker 3: is going home out of jail for free with a

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Speaker 3: Netflix deal in hand potentially, and the other person is

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Speaker 3: now acquitted like that would be.

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Speaker 2: Insane. I mean, I just can't even get my.

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Speaker 3: Head around the developments that have just happened today alone.

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Speaker 1: And it's happening on the day that could be the

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Speaker 1: last day of testimony in this trial. Stay here, we'll

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Speaker 1: explain what the schedule we're anticipating at least for the

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Speaker 1: rest of the afternoon of testimony, and what next week

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Speaker 1: is going to look like based on a storm. Stay here,

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Speaker 1: we continue here on Amy and TJ keeping a close

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Speaker 1: eye on what has been a bombshell of really shocking

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Speaker 1: day of testimony and the Brendan Banfield so called au

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Speaker 1: Pair affair trial, in which the experts, the digital experts

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Speaker 1: who were moved off the case, have gotten up on

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Speaker 1: the stand and flat outset that they do not believe

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Speaker 1: the prosecution theory and that their digital work, they're forensics work,

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Speaker 1: showed that it was not in fact a scheme by

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Speaker 1: anybody to set up that fetish website robes. We are

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Speaker 1: now anticipating Brendan Banfield testifying in his own defense road.

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Speaker 1: It seems bizarre as a trial watcher that we are

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Speaker 1: to get excited for this. If you are a trial watcher,

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Speaker 1: this is the the highlight of a trial, if you

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Speaker 1: see someone testifying their own defense, and certainly in a homicide.

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Speaker 3: I actually am trying to rack my brain with and

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Speaker 3: you and I both. I have covered so many trials,

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Speaker 3: and most of them murder trials in my career, and

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Speaker 3: I cannot remember a single instance that I personally covered

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Speaker 3: where the defendant took to the witness stand and defended

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Speaker 3: himself and face cross examination. I think I would remember that.

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Speaker 3: It's a given. It's almost like a joke, you know.

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Speaker 3: I always kind of say, oh, look at this clickbait

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Speaker 3: everyone goes online and says, will you know, well, did

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Speaker 3: he testify?

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Speaker 2: Is this going to happen?

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Speaker 3: Just to kind of get people excited at the possibility,

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Speaker 3: and then it never happens.

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Speaker 2: So when I at ten a m.

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Speaker 3: When the trial began and we start watching, and I

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Speaker 3: open my computer and I see Brendan Banfield is going

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Speaker 3: to testify, I actually had to like make sure it

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Speaker 3: was true, and I had to go to several different

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Speaker 3: accounts to make sure I heard it right.

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Speaker 2: And I read it right, set it off the top.

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Speaker 1: So he's coming. So here's the thing. The judge RELLI

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Speaker 1: and every screen you see these days, and we're just

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Speaker 1: looked up and sure that on two thousand miles of

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Speaker 1: snow and ice threatened millions of Americans, and some of

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Speaker 1: those Americans, yes, are in the Virginia area. So the

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Speaker 1: judge has been talking about this all week. I really

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Speaker 1: want to get this in. She is preparing for them

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Speaker 1: to be awful five days, possibly because of snow that's coming.

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Speaker 1: So she wants this desperately to be the last day

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Speaker 1: of testimony, which means he would have to testify today.

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Speaker 3: Yes, but but I don't know. I mean, I don't

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Speaker 3: know that if the judge could, maybe she knew what

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Speaker 3: to anticipate. But we certainly were not anticipating. And these are,

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Speaker 3: by the way, defendants who have a sorry witnesses who

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Speaker 3: have already taken this stand. He keeps recalling and recalling.

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Speaker 3: I don't know if this is all part of his

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Speaker 3: strategy where he just kind of drip drip, drip drip,

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Speaker 3: and then bam, it was open the floodgates today with

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Speaker 3: evidence that flew in the face of what the prosecution

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Speaker 3: was trying to assert. So today's testimony alone has been

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Speaker 3: to me the most riveting testimony and the most monumental

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Speaker 3: testimony since the old pair testified. And at this point,

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Speaker 3: if we have Brendan come up on the stand today,

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Speaker 3: it might be the biggest day of the entire trial.

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Speaker 3: So to rush it into say we got to get

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Speaker 3: through all this in one day and we'll stay late,

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Speaker 3: I don't think that's Look, he's taking his time, the

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Speaker 3: defense attorney, and he should.

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Speaker 2: He should be able to take as much time as

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Speaker 2: he wants.

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Speaker 3: He's fighting for his client's life at this point, his

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Speaker 3: client's freedom at this point. But it seems surreal to

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Speaker 3: me that we're gonna continue on with this digital forensic

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Speaker 3: expert who's not done testifying.

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Speaker 2: Correct, he didn't know, so he's still back on the stand.

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Speaker 3: Then if say that's their last expert, and say Brendan

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Speaker 3: Banfield is their final and next witness, he's not going

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Speaker 3: to get on the stand until two thirty three, and

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Speaker 3: then you're going to go through his testimony and then

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Speaker 3: he's gonna get cross examined.

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Speaker 2: It's hard to imagine they could be finished.

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Speaker 1: With that today and then the prosecution. You said they

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Speaker 1: have two more.

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Speaker 3: They said they had maybe they would forego it. But

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Speaker 3: I don't know what the way today has gone. I'm

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Speaker 3: thinking the prosecution is going to want a few more

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Speaker 3: cracks at this.

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Speaker 1: We've seen some of the witnesses go pretty quickly. We've

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Speaker 1: seen some be ab there two minutes, answer a couple questions.

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Speaker 1: Can be Brendan Banveild. But we shall see to your

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Speaker 1: point there the man's life on the line. She's been

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Speaker 1: a little consistent, not pushy, but certainly making her stands

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Speaker 1: clear that she wants to wrap this up. I can't

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Speaker 1: imagine her scolding the attorney for defending.

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Speaker 2: Well at a certain point.

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Speaker 3: Yeah, if she keeps Yeah, if she keeps pushing it, it

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Speaker 3: feels like you could almost be a mistraer, Like, lady,

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Speaker 3: we get it, there's a snowstorm, but this man is

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Speaker 3: fighting for his life.

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Speaker 2: She said it how many times.

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Speaker 1: Now countless, She's just saying it all week.

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Speaker 2: I have heard it all.

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Speaker 1: Yeah.

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Speaker 3: The first thing she said was that was this morning,

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Speaker 3: like i'd really like the testimony.

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Speaker 2: I don't think i've truly I don't think i've ever

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Speaker 2: heard that before.

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Speaker 1: I get it. I know she's I mean, she's trying

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Speaker 1: to keep a schedule. She's running an office essentially there

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Speaker 1: at the courthouse. So I understand, but I think she

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Speaker 1: also understands the man's life is on the line. Take time.

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Speaker 3: Yeah, And look, I'm looking at it like this. I

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Speaker 3: know she doesn't want there to be and she doesn't

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Speaker 3: know how many days we none of us know how

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Speaker 3: bad the storm is going to be and how long

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Speaker 3: people are going to be incapable of traveling.

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Speaker 2: We don't know.

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Speaker 3: I'm looking at states of emergency declared across fourteen states

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Speaker 3: in dc A.

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Speaker 2: As I'm saying this, it actually looks like.

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Speaker 3: Armageddon on the weather map right now. Yes, you can't

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Speaker 3: see any land. It's just a massive system of snow

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Speaker 3: and ice over the entire and it's like the deepest

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Speaker 3: purple and pink you can imagine.

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Speaker 2: All right, Sorry, sorry because it is a part of

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Speaker 2: this story with this trial.

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Speaker 3: But look, whether the jury has to take a few

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Speaker 3: days off and still hear more testimony, or a few

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Speaker 3: days off and get to closing arguments, I don't know

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Speaker 3: how big of a difference that's going to make in

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Speaker 3: terms of this the trial itself. You want to make

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Speaker 3: sure that the defense has enough time to present what

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Speaker 3: they want to present in the timeline they want to

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Speaker 3: and the prosecution has to have the right to for.

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Speaker 2: A rebuttal vacation coming out. Yeah, well'll see.

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Speaker 3: In fact, I might start keeping count if she starts

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Speaker 3: to insert herself again when they come back from lunch.

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Speaker 3: She's been good, but yes, I think she's ready. She's

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Speaker 3: ready to go home and batten down the hatches. But

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Speaker 3: we will of course continue to watch the trial. Today,

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Speaker 3: we just wanted to hop on and let you know

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Speaker 3: what has happened. This has been a hell of a

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Speaker 3: day in court and it's about to get even bigger

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Speaker 3: when we finally hear I can't believe I'm saying this

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Speaker 3: from Brendan Banfield himself.

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Speaker 2: So stay tuned.

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Speaker 3: We will of course keep you updated, but in the meantime,

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Speaker 3: thank you so much for listening.

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Speaker 2: Everybody on Amy roboch alongside TJ. Holmes. We will talk

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Speaker 2: to you very soon.