1 00:00:00,880 --> 00:00:02,599 Speaker 1: Crime Stories with Nancy Grace. 2 00:00:06,120 --> 00:00:12,000 Speaker 2: In the Last Days, convicted killer Carmelo Anthony gets a 3 00:00:12,039 --> 00:00:17,120 Speaker 2: brand new fleet of defense attorneys. This after his conviction 4 00:00:17,239 --> 00:00:21,799 Speaker 2: in the brutal track meet stab death of teen star 5 00:00:21,920 --> 00:00:27,080 Speaker 2: athlete Austin Metcalf. I'm Nancy Grace. This is Crime Stories. 6 00:00:27,160 --> 00:00:28,880 Speaker 2: I want to thank you for being with us. 7 00:00:29,520 --> 00:00:29,920 Speaker 1: That's right. 8 00:00:30,000 --> 00:00:33,159 Speaker 2: In the Last Days, Carmelo Anthony gets a whole fleet 9 00:00:33,240 --> 00:00:36,559 Speaker 2: of defense attorneys added to his team after his conviction 10 00:00:36,600 --> 00:00:41,800 Speaker 2: and the brutal stab death of teen athlete Austin Metcalf. 11 00:00:42,400 --> 00:00:45,280 Speaker 2: Civil rights and criminal defense attorneys are joining his legal 12 00:00:45,320 --> 00:00:51,800 Speaker 2: team pro bono without pay. After the conviction and the 13 00:00:51,880 --> 00:00:54,480 Speaker 2: sentence for stabbing Austin Metcalf dead. 14 00:00:55,040 --> 00:00:58,760 Speaker 3: Attorneys for Carmelo Anthony say the convicted murderer deserves a 15 00:00:58,800 --> 00:01:04,440 Speaker 3: new trial. His constitutional rights were violated. Among the issue's 16 00:01:04,480 --> 00:01:08,640 Speaker 3: attorney's site, the original trial was effectively closed to the public. 17 00:01:09,000 --> 00:01:13,720 Speaker 3: Jury instructions were misleading regarding self defense. Judge John Roach 18 00:01:13,840 --> 00:01:18,560 Speaker 3: publicly defended the verdict to reporters, and prosecutors did not 19 00:01:18,680 --> 00:01:22,480 Speaker 3: honor an off the record evidentiary agreement. The off the 20 00:01:22,520 --> 00:01:25,520 Speaker 3: record deal prevented, They say, the team from testifying in 21 00:01:25,560 --> 00:01:26,880 Speaker 3: his own defense, but. 22 00:01:27,080 --> 00:01:32,360 Speaker 2: Can even renowned defense attorneys refute facts like these. 23 00:01:32,640 --> 00:01:36,319 Speaker 4: The trial is over, the jury has spoken, and the 24 00:01:36,360 --> 00:01:40,160 Speaker 4: sentence is in. Joining us today Randy Kessler to talk 25 00:01:40,200 --> 00:01:44,959 Speaker 4: about what took place after the jury verdict that determined 26 00:01:45,200 --> 00:01:51,280 Speaker 4: Carmelo Anthony guilty and in a shocking way to go, 27 00:01:51,880 --> 00:01:55,880 Speaker 4: the jury only deliberated for three hours. This is an 28 00:01:55,920 --> 00:01:59,600 Speaker 4: amazing thing when you think about the magnitude of this case. 29 00:02:00,040 --> 00:02:02,160 Speaker 4: One of the things that was brought up, in particular 30 00:02:02,720 --> 00:02:06,360 Speaker 4: by Austin's dad, Austin Metcalf's dad said, this case is 31 00:02:06,440 --> 00:02:07,200 Speaker 4: not about race. 32 00:02:07,280 --> 00:02:08,720 Speaker 5: It never has been about race. 33 00:02:08,800 --> 00:02:12,920 Speaker 4: It's always been about teenagers in high school, and it 34 00:02:13,000 --> 00:02:16,639 Speaker 4: was made into a race issue. Outside of that all 35 00:02:16,680 --> 00:02:19,239 Speaker 4: of the media covering this case from around the country, 36 00:02:19,560 --> 00:02:23,440 Speaker 4: And it's amazing now that as we go forward with 37 00:02:23,480 --> 00:02:26,000 Speaker 4: this you break it down and it really does look 38 00:02:26,200 --> 00:02:29,960 Speaker 4: like two high school students, athletes that got into an 39 00:02:30,080 --> 00:02:34,320 Speaker 4: argument over what was the place for one team not 40 00:02:34,480 --> 00:02:37,720 Speaker 4: for the other. It was a track meet, there was rain, 41 00:02:38,280 --> 00:02:42,440 Speaker 4: and Carmelo Anthony went into Austin Metcalf's team area. 42 00:02:43,080 --> 00:02:44,520 Speaker 5: If you can remember back. 43 00:02:44,320 --> 00:02:47,440 Speaker 4: To high school, things were very important like that to 44 00:02:47,639 --> 00:02:49,880 Speaker 4: students in high school. As you look at it as 45 00:02:49,919 --> 00:02:51,480 Speaker 4: an adult, You're going, come on, you're really going to 46 00:02:51,600 --> 00:02:52,120 Speaker 4: argue about this? 47 00:02:52,200 --> 00:02:54,720 Speaker 5: Well, yeah, in high school, you do argue about that. 48 00:02:55,040 --> 00:02:58,160 Speaker 4: And that's what this entire case was about in terms 49 00:02:58,160 --> 00:03:04,160 Speaker 4: of what started the disagreement, what became the argument that 50 00:03:04,480 --> 00:03:08,800 Speaker 4: ended in the death of Austin Metcalf. The jury decides 51 00:03:09,560 --> 00:03:15,000 Speaker 4: guilty after just three hours. Randy Kessler, attorney out of Atlanta, 52 00:03:15,360 --> 00:03:18,720 Speaker 4: longtime part of Nancy Grace's show over the years. 53 00:03:18,919 --> 00:03:22,720 Speaker 5: Randy, give me your ideas and thoughts about. 54 00:03:22,639 --> 00:03:25,680 Speaker 4: The jury verdict. Let's start with just the verdict of 55 00:03:25,840 --> 00:03:26,760 Speaker 4: Carmelo Anthony. 56 00:03:27,520 --> 00:03:30,240 Speaker 6: Thousands of thoughts going through olind Right, and you hit 57 00:03:30,320 --> 00:03:31,720 Speaker 6: on a few times the fact that it was only 58 00:03:31,760 --> 00:03:34,000 Speaker 6: three hours. You know, sometimes they could take three hours 59 00:03:34,040 --> 00:03:35,840 Speaker 6: to pick a four person, It could take three hours 60 00:03:35,840 --> 00:03:37,880 Speaker 6: to figure out where the jurors want to sit while 61 00:03:37,880 --> 00:03:39,800 Speaker 6: they're deliberating. To come up with a verdict in three 62 00:03:39,880 --> 00:03:43,480 Speaker 6: hours on a murder case, now, this isn't a shoplifting. 63 00:03:43,480 --> 00:03:45,760 Speaker 6: This is something that's very serious. You want to make 64 00:03:45,800 --> 00:03:48,400 Speaker 6: sure that our system that people think about it take 65 00:03:48,440 --> 00:03:51,240 Speaker 6: it seriously, which you know, every time you talk to 66 00:03:51,280 --> 00:03:53,840 Speaker 6: a jury out to the case. It's amazing how seriously 67 00:03:54,120 --> 00:03:55,880 Speaker 6: jurors take this, even though no one wants to be 68 00:03:55,920 --> 00:03:58,600 Speaker 6: on a jury. Once you're on it and you're sworn in, 69 00:03:58,960 --> 00:04:00,840 Speaker 6: you see how serious results are going to be in 70 00:04:00,880 --> 00:04:04,880 Speaker 6: the consequences for the community and for the defendant. People 71 00:04:04,920 --> 00:04:08,200 Speaker 6: take it seriously. Three hours. Defense really didn't have much 72 00:04:08,200 --> 00:04:09,720 Speaker 6: of a shot. When it goes three hours, you know 73 00:04:09,760 --> 00:04:11,680 Speaker 6: that there's not a lot you could have done. This 74 00:04:11,760 --> 00:04:13,840 Speaker 6: was going to be a guilty just a question was 75 00:04:13,880 --> 00:04:15,560 Speaker 6: it going to be one hour, two hours, three hours 76 00:04:15,920 --> 00:04:18,960 Speaker 6: or five or six. As a defense lawyer, the more 77 00:04:19,000 --> 00:04:21,400 Speaker 6: they deliberate, the more holes are being poked, the more 78 00:04:21,480 --> 00:04:24,360 Speaker 6: questions being asked, the more you are hopeful and optimistic. 79 00:04:24,640 --> 00:04:26,400 Speaker 6: And if you can get them to deliberate overnight and 80 00:04:26,400 --> 00:04:27,919 Speaker 6: go home and sleep on it and think, do I 81 00:04:27,960 --> 00:04:30,359 Speaker 6: want to put somebody away for something I'm not sure 82 00:04:30,360 --> 00:04:32,920 Speaker 6: they intended to do, that's better. When it comes back 83 00:04:32,920 --> 00:04:35,760 Speaker 6: to three hours, your heart sinks. As a defense lawyer. 84 00:04:37,120 --> 00:04:40,160 Speaker 4: When the jury gets their instructions from the judge and 85 00:04:40,200 --> 00:04:44,039 Speaker 4: they go back to the room, to the deliberation room, 86 00:04:44,839 --> 00:04:47,320 Speaker 4: the first thing they do is determine who's going to 87 00:04:47,360 --> 00:04:49,520 Speaker 4: be the four person, right, who's going to be in 88 00:04:49,600 --> 00:04:53,320 Speaker 4: charge of the jury. Okay, once they've decided, then you 89 00:04:53,360 --> 00:04:55,880 Speaker 4: mentioned sometimes that can take an extended period of time. 90 00:04:56,440 --> 00:04:59,200 Speaker 4: I've never been in that situation, so I only know 91 00:04:59,240 --> 00:05:02,560 Speaker 4: what I've been told. But once that jury four person 92 00:05:02,800 --> 00:05:06,080 Speaker 4: is picked, do most juries immediately go ahead and hey, 93 00:05:06,160 --> 00:05:07,920 Speaker 4: let's get a vote out there and find out where 94 00:05:07,960 --> 00:05:08,279 Speaker 4: we are. 95 00:05:09,400 --> 00:05:11,080 Speaker 6: Uh yeah, A lot of times you want to get 96 00:05:11,080 --> 00:05:13,000 Speaker 6: a read on the jury. But again, there's no playbook 97 00:05:13,040 --> 00:05:15,440 Speaker 6: for this. Nobody unless you've been a four person before, 98 00:05:15,880 --> 00:05:17,839 Speaker 6: and then you're only basing it on your one or 99 00:05:17,839 --> 00:05:20,080 Speaker 6: two or three experiences. You know, you haven't read a 100 00:05:20,080 --> 00:05:22,000 Speaker 6: book on how to be a four person. You know, 101 00:05:22,080 --> 00:05:24,479 Speaker 6: that's definitely what we hear that people say, let's let's 102 00:05:24,520 --> 00:05:26,960 Speaker 6: read the room. And what's interesting to me is, you know, 103 00:05:27,000 --> 00:05:28,880 Speaker 6: and I teach a class on jury trials at Emory 104 00:05:28,960 --> 00:05:31,039 Speaker 6: Law School and we get to watch the jury deliberate. 105 00:05:31,120 --> 00:05:33,880 Speaker 6: The student's final exam is a trial, and then you 106 00:05:33,960 --> 00:05:36,960 Speaker 6: watch the jury deliberate. And it's fascinating because after the 107 00:05:37,040 --> 00:05:39,719 Speaker 6: trial and you ask the jury, Okay, so what do 108 00:05:39,760 --> 00:05:40,880 Speaker 6: you think It's like? 109 00:05:40,920 --> 00:05:43,720 Speaker 7: Twelve people saw different trials. A lot of times. 110 00:05:43,720 --> 00:05:45,039 Speaker 6: It's like you go to a movie with a friend 111 00:05:45,080 --> 00:05:46,599 Speaker 6: and you come out and you say, well, then you 112 00:05:46,640 --> 00:05:48,560 Speaker 6: hate that guy, and you say, no, I like that guy. 113 00:05:48,960 --> 00:05:51,000 Speaker 6: You know, they all pick up on different things, So 114 00:05:51,040 --> 00:05:54,119 Speaker 6: sometimes just hurting the cats and getting them to figure 115 00:05:54,120 --> 00:05:56,800 Speaker 6: out where they're together and where they're apart can take time. 116 00:05:56,880 --> 00:05:59,159 Speaker 6: So it's really amazing they seem to be on the 117 00:05:59,160 --> 00:06:02,000 Speaker 6: same page or get on the same page pretty darn quickly. 118 00:06:02,560 --> 00:06:04,840 Speaker 4: One thing that I've seen and when I hear of 119 00:06:04,880 --> 00:06:08,000 Speaker 4: a three hour you know, jury deliberation, my first thought 120 00:06:08,040 --> 00:06:10,120 Speaker 4: is they all sat through the same thing as you mentioned, 121 00:06:10,440 --> 00:06:13,640 Speaker 4: and you know you're going to be using your brain 122 00:06:13,720 --> 00:06:16,920 Speaker 4: along the way, regardless of what instructions you're given about anything. 123 00:06:17,400 --> 00:06:20,480 Speaker 4: All of us have a tendency to judge things as 124 00:06:20,520 --> 00:06:23,840 Speaker 4: we go through, and you know, determining am I hearing 125 00:06:23,880 --> 00:06:25,880 Speaker 4: the truth or am I hearing a version of the truth? 126 00:06:25,960 --> 00:06:29,560 Speaker 4: What am I hearing from this particular person? And once 127 00:06:29,600 --> 00:06:31,599 Speaker 4: they're packed there, it seems to me like you would 128 00:06:31,640 --> 00:06:34,920 Speaker 4: have a pretty strong idea of what you think happened 129 00:06:34,920 --> 00:06:35,520 Speaker 4: at that point. 130 00:06:35,880 --> 00:06:38,159 Speaker 5: So yeah, jury comes go ahead. 131 00:06:38,720 --> 00:06:40,480 Speaker 6: Yeah, you would think that all twelve jurors would come 132 00:06:40,480 --> 00:06:42,640 Speaker 6: to the same conclusion because I all heard the same thing. 133 00:06:43,040 --> 00:06:46,240 Speaker 6: People hear things differently. They see and hear emphasis on 134 00:06:46,320 --> 00:06:49,560 Speaker 6: things differently, not only the evidence, but even the instructions 135 00:06:49,560 --> 00:06:51,640 Speaker 6: from the giants they might hear differently. You know, there's 136 00:06:51,720 --> 00:06:54,120 Speaker 6: those jokes about the people that see the sign out 137 00:06:54,160 --> 00:06:56,960 Speaker 6: by the beach that says no swimming aloud, and someone 138 00:06:56,960 --> 00:07:00,840 Speaker 6: else sees it as no swimming aloud. You know, how 139 00:07:00,880 --> 00:07:03,560 Speaker 6: you hear things, how you see things comes from your history. 140 00:07:03,800 --> 00:07:07,159 Speaker 6: That's why jury selection is so important. Do people follow 141 00:07:07,200 --> 00:07:09,920 Speaker 6: the rules as somebody who's been through a situation like this, 142 00:07:09,960 --> 00:07:13,600 Speaker 6: somebody who's going to empathize or sympathize with the defendant 143 00:07:13,840 --> 00:07:16,720 Speaker 6: or the victim, or the judge or the lawyers, You 144 00:07:16,720 --> 00:07:19,360 Speaker 6: know that jury vader. Picking the juris should take a 145 00:07:19,360 --> 00:07:23,200 Speaker 6: lot longer than it typically does. So it's not surprising 146 00:07:23,240 --> 00:07:25,120 Speaker 6: to me as a trial lawyer that when you get 147 00:07:25,120 --> 00:07:29,040 Speaker 6: the juries into the room to deliberate, they don't always say, yep, 148 00:07:29,120 --> 00:07:30,400 Speaker 6: we all heard it the same way. I mean, we're 149 00:07:30,400 --> 00:07:32,840 Speaker 6: not robots. That's why we have a jury system. If 150 00:07:32,840 --> 00:07:34,400 Speaker 6: it was robotic, if it was AI, if it was 151 00:07:34,480 --> 00:07:39,240 Speaker 6: artificial intelligence, there'd be calculations, check the box guilty period. 152 00:07:40,200 --> 00:07:44,120 Speaker 4: Now, in this particular case, was there any one thing 153 00:07:44,440 --> 00:07:47,640 Speaker 4: in the trial that would have had the most impact 154 00:07:47,720 --> 00:07:51,160 Speaker 4: later on with jurors and again only deliberating three hours, 155 00:07:51,320 --> 00:07:54,560 Speaker 4: they probably all had heard everything and made decisions along 156 00:07:54,600 --> 00:07:56,600 Speaker 4: the way to point them in that direction, and then 157 00:07:56,880 --> 00:08:01,120 Speaker 4: getting together and agreeing. Was there any one thing at 158 00:08:01,240 --> 00:08:04,120 Speaker 4: trial that actually proved the point of the prosecution? 159 00:08:04,600 --> 00:08:07,360 Speaker 6: You know, I think it's just a question of that situation. 160 00:08:07,680 --> 00:08:10,040 Speaker 6: If they saw themselves in that situation, how would they act? 161 00:08:10,560 --> 00:08:13,120 Speaker 6: And nobody wants to say, oh, I would have stabbed somebody, 162 00:08:13,360 --> 00:08:15,920 Speaker 6: And nobody would think, oh I would expect to be 163 00:08:15,960 --> 00:08:16,600 Speaker 6: stabbed that. 164 00:08:16,680 --> 00:08:19,040 Speaker 7: I mean, that's it's just a set of facts. 165 00:08:19,040 --> 00:08:21,160 Speaker 6: And every lawyer I've seen comment on this, and every 166 00:08:21,680 --> 00:08:24,640 Speaker 6: show I've seen, every report on it, everyone seems to 167 00:08:24,640 --> 00:08:26,600 Speaker 6: think it was predetermined that this was a hard, hard, 168 00:08:26,640 --> 00:08:30,520 Speaker 6: hard case. Because you take your body of life and 169 00:08:30,560 --> 00:08:33,600 Speaker 6: you come to the situation. Who could have thought of 170 00:08:33,640 --> 00:08:36,600 Speaker 6: a different way that could have been handled? Everybody right this. 171 00:08:37,120 --> 00:08:39,000 Speaker 6: You don't walk into someone's tent, you don't start a fight. 172 00:08:39,040 --> 00:08:40,840 Speaker 6: You don't even if it was provoked, even if it 173 00:08:40,920 --> 00:08:44,280 Speaker 6: was self defense, stabbing someone in the heart, because they 174 00:08:44,280 --> 00:08:45,880 Speaker 6: were in your you know, they wouldn't let you in 175 00:08:45,920 --> 00:08:49,280 Speaker 6: their tent. It just you know, it was a hard 176 00:08:49,320 --> 00:08:51,360 Speaker 6: one and A there wasn't I don't think there's one factor. 177 00:08:51,400 --> 00:08:53,320 Speaker 6: I don't think there is. The whole case was sort 178 00:08:53,320 --> 00:08:54,160 Speaker 6: of an A plus. 179 00:08:53,880 --> 00:08:54,360 Speaker 7: B equal C. 180 00:08:54,960 --> 00:08:57,520 Speaker 6: You know, he brought a knife to you know, they 181 00:08:57,640 --> 00:08:59,280 Speaker 6: jokes he brought enough to a gunfight. He brought a 182 00:08:59,440 --> 00:09:02,199 Speaker 6: knife to a try you've run. Hef to practice, so 183 00:09:02,360 --> 00:09:04,280 Speaker 6: there was some premeditation of some plan that he might 184 00:09:04,320 --> 00:09:05,840 Speaker 6: have to use it, and then he pulled it out 185 00:09:05,840 --> 00:09:08,280 Speaker 6: and stabbed somebody. He you know, the only way to 186 00:09:08,320 --> 00:09:10,680 Speaker 6: get around that would be to testify, and of course 187 00:09:10,720 --> 00:09:12,480 Speaker 6: that's always a risk, and he didn't testify in his 188 00:09:12,559 --> 00:09:15,160 Speaker 6: own defense. But when you say that it's self defense 189 00:09:15,200 --> 00:09:17,439 Speaker 6: and I was defending myself, I think jury's got to 190 00:09:17,480 --> 00:09:19,200 Speaker 6: see you and hear you, and taste you and fail 191 00:09:19,240 --> 00:09:21,679 Speaker 6: you and believe you that you really were fearful for 192 00:09:21,760 --> 00:09:24,000 Speaker 6: your life and that you'd had no other choice. It's 193 00:09:24,040 --> 00:09:26,800 Speaker 6: hard to have a third party argue, oh, who's defending himself. 194 00:09:27,000 --> 00:09:29,040 Speaker 7: That's why he stamped him. That sounds like after the 195 00:09:29,120 --> 00:09:30,839 Speaker 7: fact rationale. 196 00:09:31,720 --> 00:09:35,040 Speaker 4: And it's exactly how it played out in court that 197 00:09:35,360 --> 00:09:38,200 Speaker 4: it didn't work, the idea that it was self defense. 198 00:09:38,840 --> 00:09:40,239 Speaker 5: I made a point a minute. 199 00:09:39,960 --> 00:09:44,920 Speaker 4: Ago that outside of the area where this took place 200 00:09:45,000 --> 00:09:48,920 Speaker 4: in Texas, the race game has been played since day one. 201 00:09:49,559 --> 00:09:53,320 Speaker 4: And yet I just I remember Austin's dad in particular, 202 00:09:53,440 --> 00:09:55,560 Speaker 4: pointing out it's never been about race. 203 00:09:56,080 --> 00:09:59,240 Speaker 5: It is about high school athletes in an area. 204 00:09:59,320 --> 00:10:01,719 Speaker 4: And if you just remember back to high school and 205 00:10:01,800 --> 00:10:04,840 Speaker 4: how important things were, you know, things in high school 206 00:10:04,920 --> 00:10:07,640 Speaker 4: or have a heightened importance in our lives just because 207 00:10:07,640 --> 00:10:10,200 Speaker 4: we don't have that history to go with to balance 208 00:10:10,320 --> 00:10:14,600 Speaker 4: things out, and you know that this is an important 209 00:10:14,720 --> 00:10:17,800 Speaker 4: part of life in high school. This is my area. 210 00:10:18,040 --> 00:10:21,520 Speaker 4: You're not allowed in it. And yes, you brought a 211 00:10:21,600 --> 00:10:23,800 Speaker 4: knife to a track meet. You got to explain that, 212 00:10:23,960 --> 00:10:26,719 Speaker 4: and it wasn't explained. Now the jury came back with 213 00:10:26,920 --> 00:10:32,160 Speaker 4: thirty five years. Thirty five years in prison, and in 214 00:10:32,280 --> 00:10:37,600 Speaker 4: the state of Texas, the prisoner has to spend at 215 00:10:37,760 --> 00:10:41,280 Speaker 4: least half that time before they are eligible for parole. 216 00:10:41,559 --> 00:10:43,439 Speaker 5: Is that correct right? 217 00:10:43,640 --> 00:10:45,319 Speaker 7: And it may not be half. It depends on what 218 00:10:45,440 --> 00:10:47,640 Speaker 7: happens going forward. Is he a model prisoner? Is your 219 00:10:47,720 --> 00:10:48,240 Speaker 7: role model? 220 00:10:48,520 --> 00:10:51,800 Speaker 6: Does he do Bible study and help his fellow inmates, 221 00:10:51,880 --> 00:10:54,160 Speaker 6: or does he get in trouble and then the pro 222 00:10:54,280 --> 00:10:55,960 Speaker 6: board and this is you know, people, we don't even 223 00:10:56,000 --> 00:10:58,960 Speaker 6: know who's going to be on the pro board fifteen sixteen, 224 00:10:59,040 --> 00:10:59,880 Speaker 6: seventeen years from now. 225 00:11:00,360 --> 00:11:00,839 Speaker 7: Look at it. 226 00:11:01,080 --> 00:11:03,280 Speaker 6: And they decided at the time, not how bad was 227 00:11:03,320 --> 00:11:05,839 Speaker 6: the crime so much, but what is he likely to 228 00:11:05,880 --> 00:11:07,280 Speaker 6: do if we let him out of jail? Is he 229 00:11:07,320 --> 00:11:09,120 Speaker 6: a model herson? Is he going to get back in 230 00:11:09,840 --> 00:11:11,480 Speaker 6: to society? Or we're gonna give them a chance. And 231 00:11:11,559 --> 00:11:13,760 Speaker 6: maybe that's why the jury only gave thirty five years 232 00:11:14,280 --> 00:11:16,800 Speaker 6: to give him that shot at redemption, that shot at 233 00:11:16,800 --> 00:11:19,600 Speaker 6: getting back in. He's a young man and hopefully there's 234 00:11:19,640 --> 00:11:21,439 Speaker 6: good in all of this, and hopefully there's some good 235 00:11:21,480 --> 00:11:23,120 Speaker 6: in him that can come out of this and he 236 00:11:23,240 --> 00:11:26,000 Speaker 6: ends up getting back into society. Is what the jury 237 00:11:26,040 --> 00:11:29,320 Speaker 6: I think hoped for, because if they thought there's absoutely 238 00:11:29,320 --> 00:11:32,440 Speaker 6: no redeeming qualities, they would have thrown the proverbial book 239 00:11:32,440 --> 00:11:34,120 Speaker 6: at of life for ninety nine years. 240 00:11:35,160 --> 00:11:37,920 Speaker 4: Which is one of that There was an option they 241 00:11:38,000 --> 00:11:41,120 Speaker 4: could have gone that far, but opted for the thirty 242 00:11:41,200 --> 00:11:46,360 Speaker 4: five years. The prosecution wanted more, and many people felt 243 00:11:46,520 --> 00:11:51,040 Speaker 4: like this case deserved a longer sentence, of course, of 244 00:11:51,120 --> 00:11:54,800 Speaker 4: the defense and many others felt like it deserved less. 245 00:11:56,200 --> 00:11:59,520 Speaker 4: I guess that's again one of those things that you 246 00:11:59,600 --> 00:12:01,640 Speaker 4: can't what's going to happen in the future or what 247 00:12:01,800 --> 00:12:05,839 Speaker 4: was going through the guy's mind when the in this 248 00:12:06,040 --> 00:12:10,600 Speaker 4: case where the convicted doesn't take the stand and doesn't 249 00:12:10,720 --> 00:12:14,319 Speaker 4: say for himself, I really did the wrong thing. 250 00:12:14,400 --> 00:12:16,640 Speaker 5: I'm really sorry, I should have never done this X 251 00:12:16,760 --> 00:12:17,000 Speaker 5: y Z. 252 00:12:17,720 --> 00:12:20,280 Speaker 4: Without having that to go on, does that impact the 253 00:12:20,400 --> 00:12:23,920 Speaker 4: judge and the judge's ability to pass sentence. 254 00:12:24,760 --> 00:12:26,240 Speaker 6: Yes, And of course the jury is the one who 255 00:12:26,280 --> 00:12:29,400 Speaker 6: sentenced them in this case. And you know, we're all 256 00:12:29,400 --> 00:12:32,000 Speaker 6: a composite of our history and our combined experience. 257 00:12:32,840 --> 00:12:35,280 Speaker 7: You know, who are we to judge right? And how 258 00:12:35,320 --> 00:12:35,640 Speaker 7: do we know? 259 00:12:35,760 --> 00:12:38,559 Speaker 6: And again, from the victim's point of view, there's no 260 00:12:38,679 --> 00:12:41,040 Speaker 6: sentence that's harsh enough. Right from the victim's family point 261 00:12:41,040 --> 00:12:42,920 Speaker 6: of view, there's no sense that's harsh enough. Why does 262 00:12:42,960 --> 00:12:44,880 Speaker 6: this guy get to go on living when their son 263 00:12:44,960 --> 00:12:46,520 Speaker 6: didn't get to go on living, when their brother doesn't 264 00:12:46,520 --> 00:12:47,160 Speaker 6: get to go on living. 265 00:12:47,240 --> 00:12:48,560 Speaker 7: On the other hand, if. 266 00:12:48,400 --> 00:12:50,960 Speaker 6: You're the state and you line up all the defendants 267 00:12:51,880 --> 00:12:54,480 Speaker 6: that you've prosecuted, you have mass murders, you have people 268 00:12:54,520 --> 00:12:56,320 Speaker 6: that have shot babies, you have people that have done 269 00:12:56,360 --> 00:12:59,520 Speaker 6: stuff that absolutely deserve a harsher sentence. So is it 270 00:12:59,640 --> 00:13:01,920 Speaker 6: on that spectrum or do you look at a case 271 00:13:01,960 --> 00:13:05,040 Speaker 6: by case It's a case by case situation. It depends 272 00:13:05,080 --> 00:13:07,040 Speaker 6: on who was on the jury. How do they feel 273 00:13:07,040 --> 00:13:09,360 Speaker 6: about these senses? How do they feel about incarceration, How 274 00:13:09,400 --> 00:13:11,679 Speaker 6: do they feel about punishment? Do they identify with the 275 00:13:11,760 --> 00:13:13,959 Speaker 6: victims because they have somebody who was a victim of violence? 276 00:13:14,240 --> 00:13:16,480 Speaker 6: Do they identify with the defendant because they have somebody 277 00:13:16,520 --> 00:13:19,000 Speaker 6: who was accused of being a criminal. I mean, it's 278 00:13:19,040 --> 00:13:22,760 Speaker 6: just a combination of twelve people's shared experiences and the 279 00:13:22,840 --> 00:13:24,520 Speaker 6: result is, you know, it's like making saults that you 280 00:13:24,600 --> 00:13:26,440 Speaker 6: put it all on the hoppurn, it spits out thirty 281 00:13:26,480 --> 00:13:26,920 Speaker 6: five years. 282 00:13:26,960 --> 00:13:28,600 Speaker 7: That was probably some sort of compromise. 283 00:13:28,640 --> 00:13:30,720 Speaker 6: I'm sure there were people on the jury they wanted 284 00:13:30,720 --> 00:13:33,560 Speaker 6: it to be excuse me, want to be one hundred years. 285 00:13:34,280 --> 00:13:35,960 Speaker 6: I'm sure there's someone on the jury that thought thirty 286 00:13:36,000 --> 00:13:38,720 Speaker 6: five years was too much. This is the natural result 287 00:13:38,960 --> 00:13:43,400 Speaker 6: of twelve people coming to a conclusion, and they did 288 00:13:43,440 --> 00:13:44,839 Speaker 6: their conclusion, and they got out of the room and 289 00:13:44,840 --> 00:13:46,760 Speaker 6: they did their job. This is one of those unique 290 00:13:46,760 --> 00:13:49,560 Speaker 6: cases where the lawyers probably had to prepare as much, 291 00:13:49,600 --> 00:13:52,280 Speaker 6: if not more, for the sentencing phase as for the 292 00:13:52,360 --> 00:13:54,760 Speaker 6: trial phase because they knew there's a strong likelihood. You know, 293 00:13:54,800 --> 00:13:56,400 Speaker 6: when you're a lawyer, whether you have a winner or 294 00:13:56,400 --> 00:13:58,480 Speaker 6: a loser of a case, and you don't always win 295 00:13:58,520 --> 00:14:01,120 Speaker 6: the winners, you don't always lose the loser. But generally speaking, 296 00:14:01,480 --> 00:14:03,200 Speaker 6: if you know there's a strong likelihood that you're going 297 00:14:03,280 --> 00:14:06,360 Speaker 6: to lose the guilt innocence phase, you got to practice 298 00:14:06,400 --> 00:14:09,400 Speaker 6: and prep for the sensing phase. And in Texas it's 299 00:14:09,440 --> 00:14:11,440 Speaker 6: pretty quick. They turn out to do the sensing right away. 300 00:14:11,480 --> 00:14:13,360 Speaker 6: You don't have months like you do in some states 301 00:14:13,800 --> 00:14:16,199 Speaker 6: to prepare and gather your witnesses. So they've had to 302 00:14:16,280 --> 00:14:19,680 Speaker 6: prepare for the sensing and the guilt or innocence phase 303 00:14:19,720 --> 00:14:23,760 Speaker 6: at the same time. Hindsight's twenty twenty Hindsight says they 304 00:14:23,800 --> 00:14:27,040 Speaker 6: should have fifteen more witnesses testify as to what a 305 00:14:27,120 --> 00:14:29,680 Speaker 6: likable person this was, and it had to be something 306 00:14:29,720 --> 00:14:32,240 Speaker 6: that he's regretful and that he will turn it around 307 00:14:32,280 --> 00:14:36,040 Speaker 6: and give him some time. I'm sure everybody's second guessing 308 00:14:36,080 --> 00:14:38,680 Speaker 6: it now. On the defense side. But that's my only 309 00:14:38,720 --> 00:14:42,200 Speaker 6: comment is that what a heavy burden for the defense 310 00:14:42,240 --> 00:14:44,720 Speaker 6: and their team to get ready for a guilt innocence 311 00:14:45,280 --> 00:14:48,120 Speaker 6: and to simultaneously be thinking, well, how do I defend 312 00:14:48,200 --> 00:14:49,920 Speaker 6: him if he's found guilty, Because you want to start 313 00:14:49,960 --> 00:14:52,080 Speaker 6: off hoping he's not gonna be found guilty. He won't 314 00:14:52,080 --> 00:14:54,160 Speaker 6: have to get there. But our job is to prepare 315 00:14:54,200 --> 00:14:56,720 Speaker 6: for the worst. The worst was a guilty plea. I 316 00:14:56,800 --> 00:14:58,960 Speaker 6: made a guilty verdict, and then you got to move 317 00:14:59,000 --> 00:15:01,600 Speaker 6: into your next job, which is a whole nother trial 318 00:15:01,680 --> 00:15:04,360 Speaker 6: pretty much, which might even be more important than the 319 00:15:04,400 --> 00:15:07,360 Speaker 6: guilty innocence, which is how much of a penalty is 320 00:15:07,400 --> 00:15:10,240 Speaker 6: he going to pay? Tough position for the warriors, tough 321 00:15:10,280 --> 00:15:12,560 Speaker 6: position for the families. But of course the victims are 322 00:15:12,560 --> 00:15:14,440 Speaker 6: the ones we have to think about, and hopefully they're 323 00:15:14,440 --> 00:15:15,680 Speaker 6: feeling like they got justice. 324 00:15:16,560 --> 00:15:21,720 Speaker 8: And his brother was holding him, trying to hold the 325 00:15:21,760 --> 00:15:26,000 Speaker 8: blood in, and he passed. My son watched his brother 326 00:15:26,360 --> 00:15:27,440 Speaker 8: die in his arms. 327 00:15:28,080 --> 00:15:30,720 Speaker 4: During a track meet between Memorial High School and Centennial 328 00:15:30,760 --> 00:15:33,480 Speaker 4: High School in Frisco, Texas, a light rain begins to 329 00:15:33,560 --> 00:15:36,640 Speaker 4: fall and athletes take cover under tents with their respective 330 00:15:36,720 --> 00:15:40,800 Speaker 4: teams at Kukendall Stadium. Memorial High School athlete Austin Metcalf 331 00:15:41,040 --> 00:15:44,760 Speaker 4: finds Centennial High School athlete Carmelo Anthony under the Memorial 332 00:15:44,840 --> 00:15:47,160 Speaker 4: High School tent and tells him he needs to move 333 00:15:47,240 --> 00:15:50,640 Speaker 4: from under his team's tent. When Anthony refuses, words are 334 00:15:50,680 --> 00:15:54,800 Speaker 4: exchanged and Anthony tells Metcalf, touch me and see what happens. 335 00:15:55,640 --> 00:15:58,800 Speaker 2: He first heard from the victim's father that from our 336 00:15:58,840 --> 00:16:01,440 Speaker 2: friends at Fox four joining us an all star panel 337 00:16:01,520 --> 00:16:06,000 Speaker 2: to make sense of a senseless and brutal stabbing. I 338 00:16:06,080 --> 00:16:09,600 Speaker 2: cannot get the image out of my mind of this 339 00:16:10,080 --> 00:16:15,720 Speaker 2: star athlete bleeding out dead as his twin brother tried 340 00:16:15,760 --> 00:16:19,840 Speaker 2: to stop the bleeding, holding him in his arms. You know, 341 00:16:20,120 --> 00:16:23,080 Speaker 2: I've been to plenty of high school track events, my 342 00:16:23,320 --> 00:16:27,960 Speaker 2: son has been involved in track from the get go, 343 00:16:29,240 --> 00:16:36,760 Speaker 2: and I can't even imagine a fatal stabbing over a 344 00:16:36,920 --> 00:16:42,480 Speaker 2: seat and a tent straight out to special guests joining us. 345 00:16:42,600 --> 00:16:46,920 Speaker 2: Katie Barber, Senior digital content producer at my San Antonio 346 00:16:47,120 --> 00:16:49,480 Speaker 2: dot Com. Katie, thank you for being with us. What 347 00:16:49,720 --> 00:16:54,840 Speaker 2: do we believe happened that led up to the horrible 348 00:16:55,160 --> 00:17:00,000 Speaker 2: stabbing death of this young star athlete? Literally scrubbed inside 349 00:17:00,560 --> 00:17:04,600 Speaker 2: and why did the suspect have a knife at a 350 00:17:04,680 --> 00:17:05,240 Speaker 2: track mate. 351 00:17:06,400 --> 00:17:09,359 Speaker 9: It's really not clear why he had a knife at 352 00:17:09,440 --> 00:17:13,240 Speaker 9: the track meet on April second, but unfortunately he did. 353 00:17:14,080 --> 00:17:17,040 Speaker 9: One witness told police that they were sitting with Metcalf 354 00:17:17,200 --> 00:17:19,679 Speaker 9: under their school tent when someone they didn't know, now 355 00:17:19,720 --> 00:17:23,879 Speaker 9: identified as Carmelo Anthony came over to them and he 356 00:17:24,280 --> 00:17:27,399 Speaker 9: is allegedly when I grabbed the bag when he was 357 00:17:27,480 --> 00:17:30,400 Speaker 9: confronted and reached inside and said, touch me and see 358 00:17:30,440 --> 00:17:31,000 Speaker 9: what happens. 359 00:17:31,280 --> 00:17:34,600 Speaker 2: Okay, what wait? Hold on, Katie Barber joining me from 360 00:17:34,720 --> 00:17:39,520 Speaker 2: my San Antonio dot com. Who said what? Who sat 361 00:17:39,600 --> 00:17:42,320 Speaker 2: down where? Who said what? And who said touch me 362 00:17:42,359 --> 00:17:44,560 Speaker 2: and see what happens? Give me proper names. 363 00:17:44,880 --> 00:17:46,960 Speaker 9: One witness told an officer that they were sitting with 364 00:17:47,160 --> 00:17:51,040 Speaker 9: Metcalf under the school's tent when Carmelo Anthony came over 365 00:17:51,280 --> 00:17:53,920 Speaker 9: to them. While they were in the tent, the witness said, 366 00:17:54,000 --> 00:17:57,399 Speaker 9: Metcalf told Anthony to leave the tent, and when he 367 00:17:57,520 --> 00:18:00,639 Speaker 9: did that, Anthony grabbed his bag, opened it it, reached 368 00:18:00,680 --> 00:18:03,800 Speaker 9: inside and said touch me and see what happens. And 369 00:18:03,920 --> 00:18:06,800 Speaker 9: then police said in the doctor that no one believed 370 00:18:06,920 --> 00:18:08,560 Speaker 9: that he had a weapon at the time. 371 00:18:09,040 --> 00:18:15,800 Speaker 2: Okay, if we have the facts correct, the suspect stabbed 372 00:18:16,280 --> 00:18:22,879 Speaker 2: an unarmed teen boy. But yet I'm hearing that the 373 00:18:22,960 --> 00:18:29,399 Speaker 2: suspect has walked free. I am also learning that it 374 00:18:29,560 --> 00:18:34,560 Speaker 2: was urged in court that the suspect has no criminal history. 375 00:18:35,280 --> 00:18:38,800 Speaker 2: He's a juvenile. I'm listen to this. 376 00:18:39,600 --> 00:18:42,960 Speaker 10: Anthony's father was questioned about an incident involving his son 377 00:18:43,040 --> 00:18:46,240 Speaker 10: that happened at Carmelo's High School in February. The Daily 378 00:18:46,320 --> 00:18:49,960 Speaker 10: Mail refers to the incident as an altercation assault, but 379 00:18:50,119 --> 00:18:53,600 Speaker 10: as the situation was handled internally by the Frisco Independent 380 00:18:53,680 --> 00:18:56,720 Speaker 10: School District, it is unclear if Anthony was the aggressor 381 00:18:56,840 --> 00:18:59,119 Speaker 10: or merely a witness to the incident, or even what 382 00:18:59,280 --> 00:19:00,560 Speaker 10: type of incident occurred. 383 00:19:00,760 --> 00:19:05,920 Speaker 8: And his brother was holding him, trying to hold the 384 00:19:05,960 --> 00:19:10,160 Speaker 8: blood in, and he passed. My son watched his brother 385 00:19:10,520 --> 00:19:11,640 Speaker 8: die in his arms. 386 00:19:12,600 --> 00:19:15,760 Speaker 2: That's from our friends at Fox for Dallas Fort Worth News. Okay, 387 00:19:16,400 --> 00:19:21,359 Speaker 2: let me understand this straight out. To trial lawyer Lisa Herrick, 388 00:19:22,720 --> 00:19:27,480 Speaker 2: partner at Vargie Somerset and former juvenile prosecutor, Lisa, thank 389 00:19:27,520 --> 00:19:30,200 Speaker 2: you for being with us when I can't get a 390 00:19:30,359 --> 00:19:34,959 Speaker 2: straight answer. That makes me think that there is subterfuge. 391 00:19:35,560 --> 00:19:39,560 Speaker 2: So if the suspect, who is the admitted stabber of 392 00:19:39,640 --> 00:19:43,800 Speaker 2: an unarmed teen at a high school track meet, when 393 00:19:44,080 --> 00:19:50,959 Speaker 2: the stabber's camp is asked about an incident involving an 394 00:19:51,040 --> 00:19:56,720 Speaker 2: assault at the school, and I can't get a straight answer, 395 00:19:57,520 --> 00:20:02,920 Speaker 2: it tells me that somebody is covering, because if the 396 00:20:03,000 --> 00:20:06,399 Speaker 2: suspect was just a witness to an assault, or a 397 00:20:06,520 --> 00:20:10,600 Speaker 2: good samaritan or the champion that's stopped the whole thing, 398 00:20:11,560 --> 00:20:14,400 Speaker 2: we would have heard that, wouldn't we. I mean, they're 399 00:20:14,440 --> 00:20:18,359 Speaker 2: trying to get bond. They did get bond, So what 400 00:20:18,760 --> 00:20:22,320 Speaker 2: is this prior incident? And does it concern you that 401 00:20:22,560 --> 00:20:27,720 Speaker 2: when the suspect's father is questioned about this, as he's 402 00:20:28,080 --> 00:20:30,760 Speaker 2: urging his son's a good character, we don't get a 403 00:20:30,800 --> 00:20:31,480 Speaker 2: straight answer. 404 00:20:31,800 --> 00:20:33,880 Speaker 11: Well, what I would want to know is where any 405 00:20:33,960 --> 00:20:39,560 Speaker 11: criminal charges brought because of it? And or was Carmelo 406 00:20:39,760 --> 00:20:42,040 Speaker 11: suspended or expelled or did he have any sort of 407 00:20:42,240 --> 00:20:45,480 Speaker 11: school disciplinary action as a result of it? Because if 408 00:20:45,560 --> 00:20:47,920 Speaker 11: neither of those things are true, it does make me 409 00:20:48,040 --> 00:20:52,560 Speaker 11: believe that he probably wasn't the aggressor. Criminal charges don't 410 00:20:52,560 --> 00:20:55,040 Speaker 11: necessarily have to be brought due to a fight at school. 411 00:20:55,080 --> 00:20:57,800 Speaker 11: But schools are very likely to have some sort of 412 00:20:57,880 --> 00:21:00,879 Speaker 11: disciplinary action because of a fight school, especially if it 413 00:21:00,920 --> 00:21:03,800 Speaker 11: was one sided, especially for a person who was an aggressor. 414 00:21:04,359 --> 00:21:07,119 Speaker 2: I mean, it disturbs me that someone is asking for 415 00:21:07,240 --> 00:21:10,760 Speaker 2: a reduced bond to walk free after stabbing an unarmed 416 00:21:10,880 --> 00:21:14,920 Speaker 2: teen dead and then not coming clean about what happened 417 00:21:15,040 --> 00:21:19,400 Speaker 2: at a prior school incident. I mean the father, Carmelo 418 00:21:19,600 --> 00:21:23,760 Speaker 2: Anthony's father was questioned about the incident involving his son 419 00:21:24,320 --> 00:21:28,800 Speaker 2: at Anthony's high school. So why am I not getting 420 00:21:28,880 --> 00:21:34,320 Speaker 2: a straight answer? Dave Mack? That changes everything. If there 421 00:21:34,520 --> 00:21:39,760 Speaker 2: was a prior assault by Carmelo Anthony on another think 422 00:21:39,840 --> 00:21:42,520 Speaker 2: it through, Dave mac For Pete's sake, this would be 423 00:21:42,640 --> 00:21:46,800 Speaker 2: a similar transaction if it's true, because Anthony would be 424 00:21:46,960 --> 00:21:52,080 Speaker 2: attacking another high schooler. I'd like to find out if 425 00:21:52,080 --> 00:21:54,520 Speaker 2: that victim was armed or unarmed. I'd like to find 426 00:21:54,560 --> 00:21:57,520 Speaker 2: out if Anthony was armed or unarmed, the extent of 427 00:21:57,600 --> 00:21:59,840 Speaker 2: the attack. Did it rise to an aggravated assault with 428 00:22:00,040 --> 00:22:04,400 Speaker 2: fists or feet? I don't know, do we know anything 429 00:22:04,640 --> 00:22:08,639 Speaker 2: or was that completely glossed over in the bond hearing. 430 00:22:08,960 --> 00:22:12,840 Speaker 12: We don't have an answer, right, it was completely glossed 431 00:22:12,960 --> 00:22:16,960 Speaker 12: over in the hearing, Nancy, the question was what happened, 432 00:22:17,040 --> 00:22:20,000 Speaker 12: and the answer was nothing. It was like a tap dance. 433 00:22:20,240 --> 00:22:23,080 Speaker 12: We cannot find out any information because it was handled 434 00:22:23,359 --> 00:22:26,320 Speaker 12: by the school district, by their own investigation, and that's 435 00:22:26,359 --> 00:22:30,240 Speaker 12: the only thing we know happened at school. They covered 436 00:22:30,560 --> 00:22:33,320 Speaker 12: I didn't want to say covered up. They said they 437 00:22:33,480 --> 00:22:35,000 Speaker 12: dealt with it and that was the end of it. 438 00:22:35,080 --> 00:22:38,840 Speaker 12: Dad didn't volunteer any information whatsoever about his son. Ian 439 00:22:38,960 --> 00:22:42,000 Speaker 12: be honest as a dad. If my son was accused 440 00:22:42,040 --> 00:22:45,040 Speaker 12: of doing something, and in this particular case he hadn't, 441 00:22:45,080 --> 00:22:47,879 Speaker 12: I would have been screaming, absolutely, here's what happened, and 442 00:22:47,960 --> 00:22:49,720 Speaker 12: I would tell you the whole story right then. I 443 00:22:49,760 --> 00:22:52,600 Speaker 12: wouldn't just walk away like I needed an umbrella to 444 00:22:52,600 --> 00:22:53,320 Speaker 12: get out of the sun. 445 00:22:54,040 --> 00:22:59,040 Speaker 8: Was able to see my son on the gurney with 446 00:22:59,160 --> 00:23:00,679 Speaker 8: a huge hole and blood all over him, and they 447 00:23:00,720 --> 00:23:02,720 Speaker 8: were pumping him. He wasn't breathing, His eyes would rolled 448 00:23:02,720 --> 00:23:03,320 Speaker 8: back in his head. 449 00:23:03,680 --> 00:23:07,840 Speaker 13: Centennial High School's Carmelo Anthony reaches inside his bag, grabs 450 00:23:07,840 --> 00:23:11,200 Speaker 13: a knife and stabs Austin Metcalf in the chest underneath 451 00:23:11,200 --> 00:23:13,440 Speaker 13: the Memorial's High School pop up tent, and then he 452 00:23:13,560 --> 00:23:17,240 Speaker 13: runs away as Metcalf's twin brother, Hunter comes to his 453 00:23:17,320 --> 00:23:20,560 Speaker 13: brother's aid. Witnesses point out Anthony to a nearby middle 454 00:23:20,600 --> 00:23:23,400 Speaker 13: school resource officer, who chases the suspect down. 455 00:23:23,960 --> 00:23:27,320 Speaker 2: At first, you were hearing Austin's father speaking to our 456 00:23:27,400 --> 00:23:32,760 Speaker 2: friends at Fox for the family devastated. I cannot even 457 00:23:32,920 --> 00:23:36,280 Speaker 2: imagine what it would be like for the father to 458 00:23:36,359 --> 00:23:41,200 Speaker 2: see this, much less the twin brother holding Austin in 459 00:23:41,320 --> 00:23:45,639 Speaker 2: his arms trying to stop the blood. I wouldn't have 460 00:23:45,760 --> 00:23:49,000 Speaker 2: understood it if I didn't have twins of my own. 461 00:23:50,960 --> 00:23:53,880 Speaker 2: They're practically joined at the hip and mineor boy girl 462 00:23:54,240 --> 00:23:57,560 Speaker 2: much less boy boy or girl girl, that play all 463 00:23:57,640 --> 00:24:01,920 Speaker 2: their sports together, that do everything to get other. Having 464 00:24:01,960 --> 00:24:09,200 Speaker 2: your twin bleed out dead in your arms, let me 465 00:24:09,280 --> 00:24:12,399 Speaker 2: go straight out to a special guest joining us. Also 466 00:24:13,040 --> 00:24:18,000 Speaker 2: like Lisa Herrick joining us from this jurisdiction, Doctor Kendall 467 00:24:18,080 --> 00:24:22,440 Speaker 2: Crowns with US Chief Medical Examiner Terrance County. That's Fort 468 00:24:22,480 --> 00:24:27,760 Speaker 2: Worth never lack a business in that Morgue, esteemed lecturer 469 00:24:27,880 --> 00:24:31,760 Speaker 2: at the Burnett School of Medicine at TCU, Texas Christian University, 470 00:24:32,280 --> 00:24:36,200 Speaker 2: and launching a brand new podcast make him in the 471 00:24:36,280 --> 00:24:40,879 Speaker 2: Morgue April fourteen, Doctor Kimdall Crowns. I know you've studied 472 00:24:40,880 --> 00:24:45,400 Speaker 2: the case very carefully. Was there a way his twin 473 00:24:45,520 --> 00:24:48,120 Speaker 2: brother could have saved Austin. 474 00:24:50,359 --> 00:24:52,680 Speaker 14: I No, there wouldn't have been because the stab wound 475 00:24:52,840 --> 00:24:55,840 Speaker 14: was in the heart unless he could be gotten to 476 00:24:55,960 --> 00:25:00,520 Speaker 14: an emergency room like immediately, and they may been able 477 00:25:00,560 --> 00:25:03,080 Speaker 14: to save him, but more likely than not, he was 478 00:25:03,160 --> 00:25:06,000 Speaker 14: going to die anyway. That type of injury to the heart, 479 00:25:06,040 --> 00:25:09,159 Speaker 14: there's just really no coming back unless you're basically in 480 00:25:09,240 --> 00:25:14,160 Speaker 14: ther when you get stabbed. Explain why, Because it's your heart, 481 00:25:14,320 --> 00:25:16,960 Speaker 14: it's you know, it's all your blood's coming through there, 482 00:25:17,040 --> 00:25:19,520 Speaker 14: it's all being pumped out. And then when you have 483 00:25:19,680 --> 00:25:21,760 Speaker 14: an now hole in your heart, it's bleeding into your 484 00:25:21,880 --> 00:25:25,159 Speaker 14: chest cavity and you have to close that hole up 485 00:25:25,240 --> 00:25:27,639 Speaker 14: in the heart, So you'd have to crack the chest open, 486 00:25:28,160 --> 00:25:30,480 Speaker 14: get in there and try and fix the heart, and 487 00:25:30,600 --> 00:25:33,240 Speaker 14: there's just so much blood loss because of the size 488 00:25:33,280 --> 00:25:37,040 Speaker 14: of the hole. It's it's near impossible to save that individual, 489 00:25:37,200 --> 00:25:40,120 Speaker 14: and just putting pressure on it at the scene, all 490 00:25:40,200 --> 00:25:42,120 Speaker 14: that's going to create is they're just going to bleed 491 00:25:42,200 --> 00:25:42,920 Speaker 14: into their chest. 492 00:25:43,000 --> 00:25:43,440 Speaker 7: Cavity. 493 00:25:44,200 --> 00:25:46,879 Speaker 2: I'm just thinking about what you're saying, doctor Kingdall Crowns, 494 00:25:46,920 --> 00:25:53,359 Speaker 2: because Katie Barber was Austin stabbed in the heart. 495 00:25:55,040 --> 00:25:58,000 Speaker 15: The arrest document states he was stabbed in the chest. 496 00:25:59,640 --> 00:26:04,879 Speaker 2: So interesting, I wonder how close to the heart he 497 00:26:05,440 --> 00:26:08,680 Speaker 2: was stabbed. So okay, daughter killing Crowns, let's digest that. 498 00:26:09,400 --> 00:26:13,080 Speaker 2: Not stabbed in the heart, stab in the chest. Does 499 00:26:13,160 --> 00:26:15,000 Speaker 2: that make a difference in your analysis? 500 00:26:16,640 --> 00:26:19,280 Speaker 14: So it depends on where exactly in the chest you 501 00:26:19,400 --> 00:26:21,560 Speaker 14: go up. But if you're kind of in the midline 502 00:26:21,680 --> 00:26:23,920 Speaker 14: or to the left, that's going to be the heart. 503 00:26:24,040 --> 00:26:26,400 Speaker 14: You go up a little higher, it's the aorda, which 504 00:26:26,480 --> 00:26:29,119 Speaker 14: is the main vessel coming off the heart. You're going 505 00:26:29,160 --> 00:26:31,560 Speaker 14: to bleed out again in just a matter of minutes 506 00:26:31,600 --> 00:26:34,560 Speaker 14: from that as well, there's no saving them at the scene. 507 00:26:34,960 --> 00:26:37,159 Speaker 14: You go to a little to the side one way 508 00:26:37,240 --> 00:26:40,600 Speaker 14: or another. You've punctured at the chest, punctured the lung, 509 00:26:41,119 --> 00:26:43,439 Speaker 14: and that'll cause a collapse lung that causes a lot 510 00:26:43,520 --> 00:26:44,040 Speaker 14: of hemorrhage. 511 00:26:44,440 --> 00:26:44,800 Speaker 7: That one. 512 00:26:44,840 --> 00:26:47,040 Speaker 14: You may be able to save the person if you 513 00:26:47,080 --> 00:26:49,800 Speaker 14: can get him to the hospital fast enough. But from 514 00:26:49,880 --> 00:26:52,399 Speaker 14: all the information I've seen, it doesn't sound like it 515 00:26:52,520 --> 00:26:55,080 Speaker 14: got stabbed in the chest in the area of a lung. 516 00:26:55,280 --> 00:26:57,720 Speaker 14: It's more probably centralized hitting him in the heart. 517 00:26:59,119 --> 00:27:03,040 Speaker 2: So, Doctor Kendall Crowns, if I were explaining this to 518 00:27:03,160 --> 00:27:05,639 Speaker 2: a jury, okay, I would take everything that you just 519 00:27:05,720 --> 00:27:08,840 Speaker 2: said and paraphrase it in openings and closings, and I 520 00:27:08,840 --> 00:27:11,360 Speaker 2: would repeat it in practically every one of my questions 521 00:27:11,440 --> 00:27:13,640 Speaker 2: that I asked you on the stand, and of course 522 00:27:14,480 --> 00:27:19,960 Speaker 2: a shortened way. But you're saying, there's no way, twin 523 00:27:20,400 --> 00:27:27,160 Speaker 2: brother Hunter could have saved Austin, because even if Hunter 524 00:27:27,240 --> 00:27:32,040 Speaker 2: could have pushed down where Austin was bleeding, and so 525 00:27:32,200 --> 00:27:35,040 Speaker 2: it would look like to the naked eye that he 526 00:27:35,080 --> 00:27:38,480 Speaker 2: had stopped the bleeding, the bleeding would still be happening 527 00:27:39,080 --> 00:27:43,080 Speaker 2: underneath the skin, and the blood would then be pumping 528 00:27:43,160 --> 00:27:49,760 Speaker 2: straight into the lungs. So he would die on his 529 00:27:49,840 --> 00:27:51,840 Speaker 2: own bloot in his lungs. I mean, there was no 530 00:27:52,080 --> 00:27:55,159 Speaker 2: way he could have saved him. Are you sure? Do 531 00:27:55,200 --> 00:27:56,320 Speaker 2: you feel confident in that? 532 00:27:57,520 --> 00:27:58,960 Speaker 14: Yes? I feel very confident in that. 533 00:27:59,240 --> 00:27:59,359 Speaker 2: Uh. 534 00:28:00,040 --> 00:28:02,320 Speaker 14: If he puts his hand on his chest and he 535 00:28:02,480 --> 00:28:05,600 Speaker 14: continues bleeding into his chest cavity, it's going to fill 536 00:28:05,680 --> 00:28:07,399 Speaker 14: up his chest cavity and it's going to make it 537 00:28:07,520 --> 00:28:10,960 Speaker 14: hard for him to breathe, and he'll basically die from 538 00:28:11,200 --> 00:28:15,160 Speaker 14: lack of oxygen. That actually takes longer. From the descriptions 539 00:28:15,240 --> 00:28:17,879 Speaker 14: I've read from the scene, he kind of dies in 540 00:28:17,920 --> 00:28:19,879 Speaker 14: a matter of minutes. To me, that sounds like a 541 00:28:19,960 --> 00:28:22,840 Speaker 14: major vessel was hit or the heart and he was 542 00:28:22,880 --> 00:28:24,520 Speaker 14: going to die no matter what was done. 543 00:28:25,200 --> 00:28:27,680 Speaker 4: Seventeen year old Austin Metcalf is being held by his 544 00:28:27,800 --> 00:28:30,439 Speaker 4: twin brother, Hunter, who is trying to stop the bleeding 545 00:28:30,680 --> 00:28:34,240 Speaker 4: after seventeen year old Carmelo Anthony allegedly stabs Austin in 546 00:28:34,320 --> 00:28:37,680 Speaker 4: the chest, piercing his heart. First responders arrive and take 547 00:28:37,760 --> 00:28:40,800 Speaker 4: over treatment of Austin as officers round up eyewitnesses to 548 00:28:40,880 --> 00:28:44,000 Speaker 4: the event to find out what happened. Hunter Metcalf is 549 00:28:44,120 --> 00:28:47,320 Speaker 4: so distraught he can barely speak to police, but officers 550 00:28:47,360 --> 00:28:50,680 Speaker 4: locate about two dozen student athletes and four coaches who 551 00:28:50,760 --> 00:28:53,040 Speaker 4: witness the stabbing and begin taking statements. 552 00:28:56,240 --> 00:28:57,800 Speaker 1: Crime stores with Nancy Gray. 553 00:29:02,160 --> 00:29:05,960 Speaker 2: Just weeks after our Texas jury convicts Carmelo Anthony of 554 00:29:06,320 --> 00:29:09,040 Speaker 2: murder and sentencing him to hard jail time in the 555 00:29:09,880 --> 00:29:15,960 Speaker 2: brutal stab death of a fellow teen, Austin metcalf, A 556 00:29:16,080 --> 00:29:20,280 Speaker 2: brand new team of high profile lawyers take over the appeal. 557 00:29:20,440 --> 00:29:23,720 Speaker 3: Attorneys for Carmelo Anthony asked for Judge John Roach to 558 00:29:23,800 --> 00:29:27,760 Speaker 3: be removed from post trial hearings because of his bias. 559 00:29:28,240 --> 00:29:31,760 Speaker 3: In court filings, Anthony's attorneys say the judge made comments 560 00:29:31,840 --> 00:29:35,800 Speaker 3: to news reporters following the trial. When a reporter asked 561 00:29:35,920 --> 00:29:39,080 Speaker 3: Roach if the jury got it right, he responded, yeah, 562 00:29:39,240 --> 00:29:43,000 Speaker 3: they did. The judge then further explained himself and his rulings. 563 00:29:43,160 --> 00:29:52,560 Speaker 2: Those lawyers Russell Wilson, Gary Bledsoe, Michael ware Brooke, Close 564 00:29:53,400 --> 00:29:58,840 Speaker 2: with Ben Crump law Sean Deretia, and Justin Moore, an 565 00:29:59,080 --> 00:30:03,760 Speaker 2: entire fleet of defense attorneys. But can they overcome facts 566 00:30:04,120 --> 00:30:04,520 Speaker 2: like these? 567 00:30:05,360 --> 00:30:07,640 Speaker 10: A school resource officer is first on the scene in 568 00:30:07,720 --> 00:30:10,560 Speaker 10: confronts Carmelo Anthony, telling the suspect to put his hands 569 00:30:10,640 --> 00:30:13,280 Speaker 10: up in the air. Anthony tells the officer I was 570 00:30:13,360 --> 00:30:18,680 Speaker 10: protecting myself, claiming Metcalf quote put his hands on him Anthony. 571 00:30:18,760 --> 00:30:22,200 Speaker 10: Here's the officer saying he has the alleged stabbing suspect 572 00:30:22,280 --> 00:30:25,920 Speaker 10: in custody, and Anthony replies, I'm not alleged I did it. 573 00:30:26,800 --> 00:30:30,160 Speaker 2: Wow, I'm not alleged I did it. Joining me now 574 00:30:30,240 --> 00:30:35,120 Speaker 2: in addition to our other guest, Barry Hutchinson, renowned law 575 00:30:35,200 --> 00:30:39,120 Speaker 2: enforcement vet of twenty six years detective now chief operator 576 00:30:39,240 --> 00:30:43,480 Speaker 2: of Barry In Associates Investigative Services. Very thank you for 577 00:30:43,600 --> 00:30:47,880 Speaker 2: being with us. Did you hear what the suspect said 578 00:30:48,040 --> 00:30:53,560 Speaker 2: and I quote, I was protecting myself that Austin quote 579 00:30:53,800 --> 00:30:57,920 Speaker 2: put his hands on me, and that would be suspect 580 00:30:58,000 --> 00:31:02,600 Speaker 2: Carmelo Anthony. Austin put his hands on Carmelo Anthony. According 581 00:31:02,720 --> 00:31:07,880 Speaker 2: to Anthony Anthony, hears the school resource officer say he 582 00:31:08,080 --> 00:31:12,520 Speaker 2: has the alleged stabbing suspect and responds, I'm not alleged 583 00:31:12,720 --> 00:31:13,160 Speaker 2: I did it. 584 00:31:13,720 --> 00:31:18,880 Speaker 16: Yeah, that's a pretty damning utterance from an evidentiary value. 585 00:31:19,200 --> 00:31:23,600 Speaker 16: And you know he pretty much admitted to the crime 586 00:31:23,920 --> 00:31:24,840 Speaker 16: by making that statement. 587 00:31:25,000 --> 00:31:29,080 Speaker 2: Kate, Barry, Barry, I know that. I just read you 588 00:31:29,240 --> 00:31:29,800 Speaker 2: what he said. 589 00:31:30,480 --> 00:31:31,320 Speaker 1: I'm asking you. 590 00:31:33,360 --> 00:31:35,600 Speaker 2: What the state is going to do to prove that 591 00:31:36,600 --> 00:31:38,960 Speaker 2: and what the defense is going to do to try 592 00:31:39,000 --> 00:31:39,880 Speaker 2: to get away from it. 593 00:31:40,520 --> 00:31:45,400 Speaker 16: Well, the witnesses, they're going to contradict what he says anyway, 594 00:31:45,480 --> 00:31:48,160 Speaker 16: And you know there's twelve of those folks apparently or 595 00:31:48,240 --> 00:31:51,680 Speaker 16: more and they're going to make a statement that contradicts 596 00:31:51,720 --> 00:31:55,280 Speaker 16: what he says. That's pretty much gonna outweigh what he says. 597 00:31:55,320 --> 00:31:57,840 Speaker 16: The state's going to make form with prosecution. From that point, 598 00:31:58,880 --> 00:32:01,080 Speaker 16: his defense is going to be that it's you know 599 00:32:01,360 --> 00:32:03,480 Speaker 16: what he said originally, that it was self defense, that 600 00:32:03,560 --> 00:32:05,760 Speaker 16: he was in fear of his life, which it's going 601 00:32:05,800 --> 00:32:09,040 Speaker 16: to be awful hard and substantiate that, as you addressed earlier, 602 00:32:09,120 --> 00:32:13,280 Speaker 16: without the thread of equal violence to substantiate him music 603 00:32:13,400 --> 00:32:14,120 Speaker 16: badly force. 604 00:32:15,040 --> 00:32:15,960 Speaker 2: Was that your bond. 605 00:32:15,840 --> 00:32:20,240 Speaker 15: Export its fine. 606 00:32:21,760 --> 00:32:24,520 Speaker 2: Day. That's one of my friends at Fox for Dallas 607 00:32:24,600 --> 00:32:28,640 Speaker 2: Fort Worth News to Katie Barbara joining me my san 608 00:32:28,680 --> 00:32:30,640 Speaker 2: Antonio dot com. What happened at the bond hearing. 609 00:32:32,120 --> 00:32:33,040 Speaker 15: His attorney was. 610 00:32:33,080 --> 00:32:37,120 Speaker 9: Asked about the knife, and he refused to answer a 611 00:32:37,240 --> 00:32:41,160 Speaker 9: question about it. He said, he just said, for unknown reasons, 612 00:32:41,360 --> 00:32:45,920 Speaker 9: Carmelo brought the knife to the school, but uh and 613 00:32:46,160 --> 00:32:49,200 Speaker 9: the district attorney also acknowledged that it was for unknown reasons. 614 00:32:49,360 --> 00:32:52,960 Speaker 9: So they're not prepared to go into that conversation. But 615 00:32:53,080 --> 00:32:56,280 Speaker 9: it seems to be the most pressing comment or most 616 00:32:56,320 --> 00:32:58,239 Speaker 9: pressing detail about the case right now. 617 00:32:58,800 --> 00:33:02,440 Speaker 2: Okay, who asked who about why the knife was brought 618 00:33:02,840 --> 00:33:03,440 Speaker 2: to the track. 619 00:33:03,520 --> 00:33:10,400 Speaker 9: Meat Howard's attorney was asked by the media after the 620 00:33:10,480 --> 00:33:14,600 Speaker 9: hearing about this, and he just said it would be 621 00:33:14,600 --> 00:33:20,560 Speaker 9: irresponsible for me or them to say why he brought 622 00:33:20,600 --> 00:33:22,800 Speaker 9: the knife, and they're asking the public to. 623 00:33:23,040 --> 00:33:25,960 Speaker 2: With Okay, so hold on, Katie Barber. Let me understand. 624 00:33:26,080 --> 00:33:28,840 Speaker 2: I asked you what happened to the bond hearing, and 625 00:33:29,240 --> 00:33:32,160 Speaker 2: you told me something that happened outside the bond hearing. 626 00:33:32,200 --> 00:33:34,560 Speaker 2: But I want to follow up on that. You're telling 627 00:33:34,680 --> 00:33:40,320 Speaker 2: me that Carmelo, Anthony's lawyer was asked why Anthony brought 628 00:33:40,480 --> 00:33:43,840 Speaker 2: a knife to the track Meat? Do I have it 629 00:33:44,040 --> 00:33:45,920 Speaker 2: right so far? Katie Barber. 630 00:33:46,440 --> 00:33:48,880 Speaker 15: Yeah, he was asked why he brought the knife? 631 00:33:49,000 --> 00:33:51,760 Speaker 2: Right, I got it, Yes, got it. I got it 632 00:33:51,880 --> 00:33:57,440 Speaker 2: the first time. So hold on right there. Lisa Herrick 633 00:33:59,000 --> 00:34:04,200 Speaker 2: veteran trial lawyer who has handled cases in juve juvenile justice. 634 00:34:05,160 --> 00:34:10,960 Speaker 2: So the lawyer wouldn't answer why Anthony brought a knife 635 00:34:11,560 --> 00:34:15,960 Speaker 2: to a track meet. Here's my question. I'm sure you're 636 00:34:16,200 --> 00:34:24,000 Speaker 2: familiar with implicit intent to commit a crime, are you not? Yes? 637 00:34:26,600 --> 00:34:31,000 Speaker 2: For instance, if I say, okay, Lisa Herrick, I've got 638 00:34:31,040 --> 00:34:34,239 Speaker 2: a gun, it's loaded, and now I'm going to kill you, Bam. 639 00:34:35,000 --> 00:34:39,759 Speaker 2: That's explicit, it's stated, and the law recognizes that. But 640 00:34:39,880 --> 00:34:43,879 Speaker 2: there is also implicit intent. For instance, if I reach 641 00:34:44,040 --> 00:34:46,120 Speaker 2: into my gym bag and take out a knife and 642 00:34:46,200 --> 00:34:49,920 Speaker 2: shove it into your heart, I don't have to say, Lisa, 643 00:34:50,239 --> 00:34:55,400 Speaker 2: now I'm going to stab you dead. It's implicitly proven 644 00:34:55,840 --> 00:34:59,440 Speaker 2: by my actions. I don't have to announce them. This 645 00:34:59,840 --> 00:35:02,920 Speaker 2: is the problem Carmelo Anthony's lawyers are going to have. 646 00:35:04,080 --> 00:35:08,560 Speaker 2: Implicit and explicit intent are equal in the eyes of 647 00:35:09,040 --> 00:35:13,040 Speaker 2: Lady Justice. Under the law, they carry equal weight. Him 648 00:35:13,200 --> 00:35:16,360 Speaker 2: bringing a knife and then using it to stab someone 649 00:35:16,560 --> 00:35:21,399 Speaker 2: dead is implicit intent to commit a crime. That's why 650 00:35:21,520 --> 00:35:25,319 Speaker 2: the lawyer wouldn't answer that question, Lisa Herrick, I. 651 00:35:25,360 --> 00:35:27,879 Speaker 11: Think that's possibly why he wouldn't answer. I also would 652 00:35:27,920 --> 00:35:29,839 Speaker 11: like to know what kind of knife it was. If 653 00:35:29,880 --> 00:35:33,480 Speaker 11: we're talking about a largely hunting knife, there's probably no 654 00:35:33,520 --> 00:35:35,680 Speaker 11: reason why he should be carrying that. Maybe there is, 655 00:35:36,000 --> 00:35:38,000 Speaker 11: and his attorneys just don't feel like disclosing that at 656 00:35:38,000 --> 00:35:40,360 Speaker 11: this point. But if fits a small pocket knife or 657 00:35:40,440 --> 00:35:42,279 Speaker 11: like a Swiss army knife, maybe he carries that for 658 00:35:42,400 --> 00:35:45,000 Speaker 11: other reasons. Maybe he just happened to have it in 659 00:35:45,080 --> 00:35:48,120 Speaker 11: his backpack and used it for self defense. We don't 660 00:35:48,160 --> 00:35:49,600 Speaker 11: know what kind of knife it was at this point, 661 00:35:49,680 --> 00:35:51,759 Speaker 11: or at least I don't know, and I think that 662 00:35:51,840 --> 00:35:52,640 Speaker 11: that makes a difference. 663 00:35:52,680 --> 00:35:55,200 Speaker 2: I think that matters, you know what. I think you're right, 664 00:35:55,280 --> 00:35:59,080 Speaker 2: Lisa Herrick. I think you're absolutely right. If it's a 665 00:35:59,480 --> 00:36:03,080 Speaker 2: pen knife or a folding knife, yeah, a lot of 666 00:36:03,239 --> 00:36:06,800 Speaker 2: guys may carry those around. You're absolutely right. So the 667 00:36:06,920 --> 00:36:09,480 Speaker 2: type of knife is going to be very important. It's 668 00:36:09,600 --> 00:36:11,800 Speaker 2: my understanding. It's a fixed blade. 669 00:36:12,800 --> 00:36:13,360 Speaker 1: I don't know that. 670 00:36:13,440 --> 00:36:15,399 Speaker 2: In other words, not a knife that you fold out. 671 00:36:15,520 --> 00:36:19,080 Speaker 2: It's a knife with the blade attached and it's not foldable. 672 00:36:19,719 --> 00:36:22,520 Speaker 2: But we'll find out. That's a really good point, you know, 673 00:36:22,800 --> 00:36:25,880 Speaker 2: isn't it interesting at Leasta Herick, how one small fact 674 00:36:26,560 --> 00:36:30,840 Speaker 2: can change the terrain the topography of the case. Because 675 00:36:30,840 --> 00:36:33,239 Speaker 2: if he shows up like a knife, for instance, out 676 00:36:33,400 --> 00:36:38,160 Speaker 2: of the Brian Coburger case, a fixed blade army knife, right, 677 00:36:38,280 --> 00:36:41,560 Speaker 2: a military style knife with a sheath, that's much more 678 00:36:41,680 --> 00:36:46,000 Speaker 2: menacing and much more of an implicit threat to commit 679 00:36:46,080 --> 00:36:49,319 Speaker 2: a crime as opposed to a foldable pen knife. You're 680 00:36:49,360 --> 00:36:51,880 Speaker 2: absolutely right. I want to get back to the bond 681 00:36:52,000 --> 00:36:55,719 Speaker 2: hearing I want to find out why the known, the 682 00:36:55,920 --> 00:37:00,879 Speaker 2: admitted stabber of an unarmed boy at a track meet 683 00:37:00,920 --> 00:37:03,959 Speaker 2: for Pete's Sega High School track meet, has walked free. 684 00:37:05,160 --> 00:37:05,640 Speaker 2: Listen to this. 685 00:37:06,520 --> 00:37:10,240 Speaker 4: Just before his bond hearing, Carmelo Anthony's family retains Mike Howard, 686 00:37:10,400 --> 00:37:13,239 Speaker 4: a Dallas criminal defense attorney. The change of attorney is 687 00:37:13,280 --> 00:37:16,680 Speaker 4: announced by the Next Generation Action Network, a nonprofit that 688 00:37:16,760 --> 00:37:20,480 Speaker 4: is supporting Carmelo Anthony. Howard represents Anthony in court as 689 00:37:20,560 --> 00:37:23,040 Speaker 4: the defense seeks to have bond for Anthony lowered from 690 00:37:23,120 --> 00:37:25,880 Speaker 4: one million dollars to one hundred and fifty thousand dollars. 691 00:37:26,080 --> 00:37:29,879 Speaker 10: Prosecutors question Andrew Anthony, the father of the accused, why 692 00:37:29,960 --> 00:37:33,000 Speaker 10: Carmelo Anthony should have his bond reduced when the family 693 00:37:33,160 --> 00:37:35,880 Speaker 10: has already raised over four hundred thousand dollars from a 694 00:37:35,960 --> 00:37:36,959 Speaker 10: crowdfunding site. 695 00:37:37,320 --> 00:37:41,520 Speaker 2: Lisa here joining me, veteran trial lawyer in this jurisdiction. 696 00:37:42,719 --> 00:37:47,440 Speaker 2: Lisa explain again in a nutshell, what is now emerging 697 00:37:47,600 --> 00:37:49,399 Speaker 2: as the defense And you know what, I haven't even 698 00:37:49,480 --> 00:37:55,880 Speaker 2: gotten to these sick conspiracy theories that are multiplying promulgating online. 699 00:37:56,200 --> 00:37:59,400 Speaker 2: Get to that in a moment, But I pray that 700 00:38:00,040 --> 00:38:03,480 Speaker 2: since parents have not seen what is being said online. 701 00:38:03,520 --> 00:38:07,759 Speaker 2: It's total BS technical legal term. But Lisa in a 702 00:38:08,000 --> 00:38:11,319 Speaker 2: nutshell in regular people talk, do not throw a Latin 703 00:38:11,360 --> 00:38:13,200 Speaker 2: phrase at me, Lisa Herrick and I know that you 704 00:38:13,360 --> 00:38:18,080 Speaker 2: can stand your ground? How and the hay is that 705 00:38:18,239 --> 00:38:21,040 Speaker 2: going to apply here? We normally think of it as, 706 00:38:21,320 --> 00:38:25,080 Speaker 2: let's just say somebody tries to break in your house. 707 00:38:25,400 --> 00:38:26,279 Speaker 1: You don't have to run. 708 00:38:27,239 --> 00:38:29,920 Speaker 2: You can shoot them right then and there. If you're 709 00:38:29,960 --> 00:38:33,879 Speaker 2: so disposed standing your ground, You're in a place you're 710 00:38:33,960 --> 00:38:37,120 Speaker 2: supposed to be. You have authority to be there, and 711 00:38:37,239 --> 00:38:40,799 Speaker 2: no one can make you leave. Now, explain how that's 712 00:38:40,880 --> 00:38:43,160 Speaker 2: gonna work in a high school track tent. 713 00:38:45,320 --> 00:38:48,360 Speaker 11: Right, stand your ground. We commonly use the phrase no 714 00:38:48,560 --> 00:38:54,160 Speaker 11: duty to retreat, so it some places will, like some 715 00:38:54,440 --> 00:38:58,719 Speaker 11: jurisdictions will require that you attempt to remove yourself from 716 00:38:58,719 --> 00:39:01,360 Speaker 11: the danger. That's not the case in Texas. In Texas, 717 00:39:01,440 --> 00:39:03,600 Speaker 11: if you're presented with a threat, with a danger, you 718 00:39:03,719 --> 00:39:06,240 Speaker 11: have the right to defend yourself and stand your ground 719 00:39:06,280 --> 00:39:08,320 Speaker 11: means you don't have to try to leave the danger first. 720 00:39:10,000 --> 00:39:14,719 Speaker 2: Well, I'm reading the supplemental arrest report and the narrative 721 00:39:15,000 --> 00:39:22,239 Speaker 2: is written by officer Eduardo Cortes. Cortes states suspect was 722 00:39:22,400 --> 00:39:26,000 Speaker 2: on the track at the north end. There was a 723 00:39:26,160 --> 00:39:33,360 Speaker 2: chain link that separated officer Cortes from the suspect. Cortes 724 00:39:33,440 --> 00:39:36,879 Speaker 2: gives the suspect instructions to keep his hands in the air, 725 00:39:37,480 --> 00:39:43,680 Speaker 2: and at this time suspect verbally said, out loud, and 726 00:39:43,800 --> 00:39:49,600 Speaker 2: this is considered a voluntary statement, quote, I was protecting myself. 727 00:39:50,680 --> 00:39:54,120 Speaker 2: Cortes goes on to note he had not questioned the 728 00:39:54,200 --> 00:40:01,440 Speaker 2: suspect about the incident, but suspect blurted that out. Then stated, 729 00:40:01,560 --> 00:40:06,040 Speaker 2: while walking him off the track, suspect states, quote, he 730 00:40:06,600 --> 00:40:12,240 Speaker 2: put his hands on me. Katie Barber joining me, senior 731 00:40:12,280 --> 00:40:17,120 Speaker 2: digital content producer my san Antonio dot Com, Katie. My 732 00:40:17,360 --> 00:40:20,120 Speaker 2: understanding from having read the police reports and the witness 733 00:40:20,160 --> 00:40:27,799 Speaker 2: statements is that the suspect goes under the other size tent, 734 00:40:28,280 --> 00:40:32,160 Speaker 2: right the other school's tent. At that point, Austin says, 735 00:40:32,640 --> 00:40:36,960 Speaker 2: this isn't your tent. Get out of here. At that point, 736 00:40:38,200 --> 00:40:43,000 Speaker 2: at that point, what does the suspect do. 737 00:40:44,400 --> 00:40:47,320 Speaker 9: Police says that when he's told to move out of 738 00:40:47,400 --> 00:40:50,040 Speaker 9: the tent, that he grabbed his bag, opened it and 739 00:40:50,200 --> 00:40:54,680 Speaker 9: reached inside. And this is when he tells Austin touch 740 00:40:54,760 --> 00:40:58,319 Speaker 9: me and see what happens, according to police, and. 741 00:40:58,400 --> 00:41:01,960 Speaker 2: So naturally Austin touched him, Yeah, exactly. 742 00:41:02,080 --> 00:41:05,719 Speaker 9: Police say that he proceeded to touch Carmelo, and then 743 00:41:05,840 --> 00:41:10,160 Speaker 9: Carmelo then postures and tells Anthony and tells Austin to 744 00:41:10,320 --> 00:41:11,600 Speaker 9: punch him and see what happens. 745 00:41:13,000 --> 00:41:13,759 Speaker 15: A short time later. 746 00:41:13,800 --> 00:41:17,080 Speaker 2: Police don't say, say, to your understanding, Katie Barber, were 747 00:41:17,160 --> 00:41:22,480 Speaker 2: any punches Throne, did Austin ever hit the suspect? 748 00:41:23,800 --> 00:41:25,879 Speaker 15: It hit? It doesn't say. 749 00:41:25,920 --> 00:41:29,160 Speaker 9: It says he grabbed Anthony after that threat to tell 750 00:41:29,280 --> 00:41:31,640 Speaker 9: him to move, but it doesn't. But police do not say. 751 00:41:31,719 --> 00:41:35,200 Speaker 9: Witnesses did not tell police that he was punched. But 752 00:41:35,360 --> 00:41:38,919 Speaker 9: when he was grabbed by Austin is when he pulled 753 00:41:38,960 --> 00:41:41,640 Speaker 9: out the knife and stabbed him once in the chest, 754 00:41:42,040 --> 00:41:42,839 Speaker 9: is what police say. 755 00:41:43,000 --> 00:41:47,320 Speaker 13: A witness reported a police escort Carmelo Anthony to a 756 00:41:47,360 --> 00:41:49,880 Speaker 13: squad car. Anthony says he put his hands on me. 757 00:41:50,160 --> 00:41:51,040 Speaker 17: I told him not to. 758 00:41:51,560 --> 00:41:54,920 Speaker 13: Anthony also asks officers if the victim was going to 759 00:41:55,000 --> 00:41:59,120 Speaker 13: be okay and if what happened could be considered self defense. 760 00:41:59,480 --> 00:42:03,239 Speaker 13: Officers take evidence photos showing blood on Anthony's hands, but 761 00:42:03,360 --> 00:42:04,480 Speaker 13: don't find the knife on him. 762 00:42:07,920 --> 00:42:09,880 Speaker 1: Crime Stories with Nancy Grace. 763 00:42:13,880 --> 00:42:17,840 Speaker 2: In the last days, just weeks after his murder conviction, 764 00:42:18,640 --> 00:42:22,799 Speaker 2: Carmelo Anthony hadds high profile attorneys to his legal team, 765 00:42:22,960 --> 00:42:27,399 Speaker 2: all working pro bono. One of them Mike Howard. Who 766 00:42:27,840 --> 00:42:31,520 Speaker 2: is Mike Howard? He's a Dallas Fort Worth criminal defense 767 00:42:31,520 --> 00:42:36,000 Speaker 2: attorney who has spent his career representing people charged with 768 00:42:36,160 --> 00:42:40,480 Speaker 2: felonies in both state and federal court. But can someone 769 00:42:40,760 --> 00:42:43,880 Speaker 2: even of his ilk, overcome damning facts? 770 00:42:44,600 --> 00:42:46,160 Speaker 8: He say, I'm gonna come over and see you this week, 771 00:42:46,880 --> 00:42:48,040 Speaker 8: so can look forward to it. 772 00:42:49,520 --> 00:42:50,560 Speaker 7: Hey, I love you, dad. 773 00:42:50,920 --> 00:42:51,960 Speaker 8: That's a love you, Tucson. 774 00:42:52,760 --> 00:42:54,080 Speaker 16: Those were the last words. 775 00:42:54,000 --> 00:42:57,880 Speaker 2: Ever heard from me, the author and the twin speaking 776 00:42:58,080 --> 00:43:02,520 Speaker 2: to our friends at Dallas Morning News. What about the 777 00:43:02,680 --> 00:43:08,480 Speaker 2: blood evidence in this case? With conflicting witness reports, with 778 00:43:08,760 --> 00:43:12,800 Speaker 2: the suspect claiming self defense and stand your ground although 779 00:43:12,920 --> 00:43:18,120 Speaker 2: no punches were seen thrown, that blood evidence becomes critical. 780 00:43:18,239 --> 00:43:22,840 Speaker 2: Remember it was raining. The track meet is outside. 781 00:43:23,200 --> 00:43:27,000 Speaker 5: Listen as law enforcement and paramedics arrive on scene. The 782 00:43:27,160 --> 00:43:28,200 Speaker 5: rain is falling harder. 783 00:43:28,360 --> 00:43:31,120 Speaker 4: One officer moves the memorial tent over the victim of 784 00:43:31,160 --> 00:43:33,800 Speaker 4: medics train to save his life and finding the bloody 785 00:43:33,840 --> 00:43:36,480 Speaker 4: knife in the stands quickly takes photos of it before 786 00:43:36,520 --> 00:43:38,919 Speaker 4: the rain could wash away all the blood. A blue 787 00:43:39,000 --> 00:43:41,280 Speaker 4: tarp is used to cover the knife in an effort 788 00:43:41,320 --> 00:43:44,160 Speaker 4: to preserve the evidence, and because it was so windy, 789 00:43:44,360 --> 00:43:47,640 Speaker 4: the officer uses a nearby backpack to weigh down the tarp. 790 00:43:48,040 --> 00:43:51,560 Speaker 4: He doesn't realize at the time the backpack belongs to 791 00:43:51,719 --> 00:43:53,360 Speaker 4: suspect Carmelo Anthony. 792 00:43:55,760 --> 00:44:02,760 Speaker 2: Photo. No, juries don't want just a photo, they want DNA, 793 00:44:03,000 --> 00:44:07,280 Speaker 2: do yoxuriy boat and nucleic acid. Straight out to renowned 794 00:44:07,320 --> 00:44:11,200 Speaker 2: medical examiner, doctor Kendall Crowns, joining us from this jurisdiction 795 00:44:11,360 --> 00:44:16,640 Speaker 2: of Texas dodger Kendall Crowns. The murder what we believe 796 00:44:16,760 --> 00:44:19,520 Speaker 2: to be the murder weapon, a knife covered in blood 797 00:44:20,640 --> 00:44:26,000 Speaker 2: had been thrown or obscured, let me just say euphemistically, 798 00:44:26,360 --> 00:44:32,080 Speaker 2: and it was pouring rain. What's the likelihood that we 799 00:44:32,160 --> 00:44:36,240 Speaker 2: can get DNA off that knife? Because the state needs 800 00:44:36,680 --> 00:44:40,400 Speaker 2: the suspects DNA and the victims DNA off that knife. 801 00:44:42,640 --> 00:44:44,800 Speaker 14: Well, it should probably still be able to get DNA 802 00:44:45,000 --> 00:44:48,719 Speaker 14: from it unless it was scrub clean with a cleanser 803 00:44:48,960 --> 00:44:51,400 Speaker 14: or a soap of something of that nature. There's probably 804 00:44:51,440 --> 00:44:54,200 Speaker 14: still enough DNA on the handle and on the knife 805 00:44:54,239 --> 00:44:59,040 Speaker 14: itself to be able to get a good DNA sample. Also, 806 00:44:59,120 --> 00:45:01,520 Speaker 14: you have to figure because of the contact between the 807 00:45:01,600 --> 00:45:05,000 Speaker 14: two boys, there's probably a way of getting DNA from 808 00:45:05,040 --> 00:45:05,919 Speaker 14: the victim as well. 809 00:45:07,160 --> 00:45:09,960 Speaker 2: Kt Barber. Where exactly was the knife discovered? 810 00:45:10,600 --> 00:45:14,239 Speaker 15: It was discovered in the bleachers on the north side 811 00:45:14,239 --> 00:45:15,520 Speaker 15: of the stadium, which is. 812 00:45:15,680 --> 00:45:18,440 Speaker 2: Where, well, how the hey did he get in the bleachers? Ktie? 813 00:45:19,400 --> 00:45:20,880 Speaker 15: He ran off after the stabbing. 814 00:45:21,960 --> 00:45:24,400 Speaker 9: It didn't quite say a total direction, but he did 815 00:45:24,480 --> 00:45:27,680 Speaker 9: run off, and it's presumed that he threw the knife 816 00:45:27,800 --> 00:45:29,600 Speaker 9: when he ran off, because he didn't have the weapon 817 00:45:29,680 --> 00:45:31,040 Speaker 9: on him when he was detained. 818 00:45:31,280 --> 00:45:36,399 Speaker 2: Right a minute, right there, Katie Barbermi san Antonio dot 819 00:45:36,480 --> 00:45:40,840 Speaker 2: Com to doctor John Delatory. If someone attacked me, and 820 00:45:41,000 --> 00:45:45,920 Speaker 2: I thought, back, I wouldn't take off running and then 821 00:45:46,040 --> 00:45:49,760 Speaker 2: hide the weapon, thought. 822 00:45:50,680 --> 00:45:51,480 Speaker 17: Yeah, you wouldn't. 823 00:45:51,560 --> 00:45:54,400 Speaker 18: But here's the thing is that if Anthony saw a 824 00:45:54,480 --> 00:45:57,319 Speaker 18: bunch of other people, dozens of other people that were 825 00:45:57,440 --> 00:46:00,919 Speaker 18: also around and in that tent, he might have felt overwhelmed, 826 00:46:01,120 --> 00:46:02,280 Speaker 18: he might have felt scared. 827 00:46:02,520 --> 00:46:04,799 Speaker 17: He could have done all of these things just as 828 00:46:04,840 --> 00:46:08,600 Speaker 17: a matter of panic. So he runs off, knowing that 829 00:46:08,800 --> 00:46:11,400 Speaker 17: he shouldn't have stabbed this person, but he did it anyway. 830 00:46:11,880 --> 00:46:14,320 Speaker 17: He throws a knife away, he takes off thinking that 831 00:46:14,400 --> 00:46:16,840 Speaker 17: he's going to get very far. There's all kinds of 832 00:46:16,960 --> 00:46:19,680 Speaker 17: things that could be happening, because it does not appear 833 00:46:19,760 --> 00:46:23,960 Speaker 17: as though he intended to go to that track meet 834 00:46:24,040 --> 00:46:27,399 Speaker 17: with the specific purpose to kill Austin Metcalf. It does 835 00:46:27,560 --> 00:46:31,200 Speaker 17: seem like things were going on underneath that tent that 836 00:46:31,480 --> 00:46:34,600 Speaker 17: neither one of these two boys were prepared for, and 837 00:46:34,880 --> 00:46:38,319 Speaker 17: both are now suffering the consequences, with Austin having lost 838 00:46:38,400 --> 00:46:40,400 Speaker 17: his life for some kind of nonsense. 839 00:46:42,160 --> 00:46:46,080 Speaker 2: Lisa Herrick, you see where this is going. This state 840 00:46:46,200 --> 00:46:49,640 Speaker 2: is going to argue to a jury he ran off 841 00:46:49,719 --> 00:46:51,840 Speaker 2: and disposed of the weapon because he knew what he 842 00:46:52,000 --> 00:46:56,080 Speaker 2: did was wrong, and then immediately began forming a defense 843 00:46:56,160 --> 00:47:00,960 Speaker 2: in his mind and even asked law enforcement, Hey, could 844 00:47:00,960 --> 00:47:03,280 Speaker 2: that be self defense? You think that self defense? 845 00:47:04,200 --> 00:47:06,080 Speaker 11: There are a couple of things that cut in favor 846 00:47:06,400 --> 00:47:09,719 Speaker 11: of the self defense argument, and those are that he 847 00:47:09,920 --> 00:47:15,320 Speaker 11: did run away if he was scared, and he so 848 00:47:15,560 --> 00:47:17,719 Speaker 11: he's he stabs Uh. 849 00:47:19,280 --> 00:47:23,359 Speaker 2: Scared, isn't he? If he was touch me and find out, 850 00:47:25,120 --> 00:47:26,640 Speaker 2: isn't he the one to say, go oh, punch me, 851 00:47:26,920 --> 00:47:28,880 Speaker 2: just see what happens. That doesn't sound scared to me. 852 00:47:30,200 --> 00:47:33,239 Speaker 11: I don't disagree with you, but getting into his mind 853 00:47:33,280 --> 00:47:35,360 Speaker 11: for a moment, and the argument that the defense is 854 00:47:35,400 --> 00:47:37,200 Speaker 11: going to make, right, they have to come up with something. 855 00:47:38,000 --> 00:47:38,880 Speaker 12: In his mind. 856 00:47:39,600 --> 00:47:43,120 Speaker 11: So if he'll say I was scared, I stabbed him. 857 00:47:43,160 --> 00:47:47,200 Speaker 11: I felt like the danger was subdued enough that I 858 00:47:47,280 --> 00:47:50,879 Speaker 11: could now safely escape, then then I can see how 859 00:47:51,160 --> 00:47:53,920 Speaker 11: running away would cut in favor of self defense. I 860 00:47:54,000 --> 00:47:55,719 Speaker 11: can see what you're saying. How running away? 861 00:47:57,560 --> 00:48:00,360 Speaker 2: You just said? Have you ever heard the price words salad? 862 00:48:00,440 --> 00:48:04,880 Speaker 2: Because I just heard one. Okay, wait a minute, what 863 00:48:05,000 --> 00:48:08,200 Speaker 2: did you say about the threat was subdued? You mean 864 00:48:08,280 --> 00:48:11,279 Speaker 2: he stabbed Austin in the chest? Is that what you're 865 00:48:11,320 --> 00:48:14,839 Speaker 2: talking about? So if the threat is subdued, why run then? 866 00:48:19,320 --> 00:48:23,000 Speaker 11: Because there were plenty of other people around who were 867 00:48:24,040 --> 00:48:27,200 Speaker 11: potentially new dangers, right, people who saw him? 868 00:48:27,320 --> 00:48:29,760 Speaker 2: No, No, I don't know what you're saying. You're making 869 00:48:29,920 --> 00:48:33,319 Speaker 2: that up like a good defense attorney. What other people 870 00:48:33,440 --> 00:48:38,720 Speaker 2: presented a danger? Nobody? What is are you serious? 871 00:48:40,560 --> 00:48:40,719 Speaker 10: Well? 872 00:48:40,840 --> 00:48:43,600 Speaker 2: I mean, so he stabs Austin dead, and then he 873 00:48:44,040 --> 00:48:44,799 Speaker 2: is in danger of. 874 00:48:44,880 --> 00:48:48,960 Speaker 11: What retribution people who want to hurt him now that 875 00:48:49,200 --> 00:48:50,359 Speaker 11: Carmelo hurt their friend. 876 00:48:51,960 --> 00:48:55,080 Speaker 2: Okay, guys, she's spinning this out, Lisa Harrick, That's why 877 00:48:55,160 --> 00:48:59,040 Speaker 2: she wins cases. She's spinning like rumpel Stiltskin. She's trying 878 00:48:59,080 --> 00:49:01,160 Speaker 2: to take Hay and spinning. 879 00:49:00,880 --> 00:49:06,399 Speaker 13: Into Gold Centennial High School's Carmelo. Anthony reaches inside his bag, 880 00:49:06,520 --> 00:49:09,640 Speaker 13: grabs a knife, and stabs Austin Metcalf in the chest 881 00:49:09,800 --> 00:49:12,400 Speaker 13: underneath the memorial's high school pop up tent, and then 882 00:49:12,440 --> 00:49:16,120 Speaker 13: he runs away as Metcalf's twin brother, Hunter comes to 883 00:49:16,239 --> 00:49:19,280 Speaker 13: his brother's aide. Witnesses point out Anthony to a nearby 884 00:49:19,360 --> 00:49:22,399 Speaker 13: middle school resource officer, who chases the suspect down. 885 00:49:22,600 --> 00:49:25,120 Speaker 7: First Off, roos for hav a second. I didn't know 886 00:49:25,160 --> 00:49:28,520 Speaker 7: what to do, and then us I saw him on 887 00:49:28,600 --> 00:49:29,960 Speaker 7: the fall over. 888 00:49:30,000 --> 00:49:37,200 Speaker 15: There good stuff, you. 889 00:49:37,239 --> 00:49:40,320 Speaker 2: Were just saying Austin's twin brother and his mother with 890 00:49:40,480 --> 00:49:43,360 Speaker 2: our friend at the Will Kine show over on Fox, 891 00:49:43,560 --> 00:49:47,040 Speaker 2: joining me in All Star panel making sense of the 892 00:49:47,160 --> 00:49:53,400 Speaker 2: fact that a stabber killed an unarmed high school track 893 00:49:53,680 --> 00:49:58,880 Speaker 2: star and has walked free. I've heard from the bond 894 00:49:59,040 --> 00:50:04,040 Speaker 2: hearing about how the stabbers family needs to quote survive 895 00:50:05,840 --> 00:50:08,320 Speaker 2: how they need more money in addition to the nearly 896 00:50:08,360 --> 00:50:11,600 Speaker 2: half a million dollars they have raised online. But Dave 897 00:50:11,760 --> 00:50:15,560 Speaker 2: mac I've heard very little about what the victim's family 898 00:50:15,680 --> 00:50:19,440 Speaker 2: has endured. On top of their son being murdered with 899 00:50:19,640 --> 00:50:22,960 Speaker 2: his twin brother trying to stop the flow of blood. 900 00:50:23,760 --> 00:50:26,000 Speaker 2: In addition to that, we now know there have been 901 00:50:26,080 --> 00:50:30,920 Speaker 2: attacks on the victim's family and the victim, Austin Metcalf's 902 00:50:31,200 --> 00:50:34,000 Speaker 2: mother's home was swatted. 903 00:50:34,640 --> 00:50:39,600 Speaker 12: What happened, Nancy, It's almost like a media blackout when 904 00:50:39,640 --> 00:50:43,439 Speaker 12: it comes to the victim's family. At eight o'clock at night. 905 00:50:44,239 --> 00:50:46,080 Speaker 12: What they get a nine to one to one phone 906 00:50:46,160 --> 00:50:52,560 Speaker 12: call giving the address of Austin Metcalf's mother and saying 907 00:50:52,840 --> 00:50:57,920 Speaker 12: somebody has been shot in the mouth. And this person 908 00:50:58,080 --> 00:51:01,360 Speaker 12: stays on the phone for an extended period of time 909 00:51:01,880 --> 00:51:05,680 Speaker 12: until Swatt can get out to the residence. They surround it, 910 00:51:05,840 --> 00:51:07,280 Speaker 12: they build up the whole. 911 00:51:07,680 --> 00:51:09,439 Speaker 5: Blue shield around the home. 912 00:51:09,760 --> 00:51:12,560 Speaker 12: They're trying to get in touch with Austin's mother, Megan, 913 00:51:12,840 --> 00:51:15,480 Speaker 12: and they can't get her on the phone. Well, her 914 00:51:15,680 --> 00:51:18,840 Speaker 12: phone isn't working right now. Swatt didn't know if she 915 00:51:19,160 --> 00:51:21,160 Speaker 12: had been killed. They didn't know if there were people 916 00:51:21,200 --> 00:51:24,919 Speaker 12: inside the house. They sent a drone inside this house 917 00:51:25,000 --> 00:51:28,480 Speaker 12: that has been swatted Nancy to go through every little thing, 918 00:51:28,960 --> 00:51:32,080 Speaker 12: and of course they didn't find anybody in there, and 919 00:51:32,120 --> 00:51:34,759 Speaker 12: they were able to clear the home. This is how 920 00:51:34,880 --> 00:51:39,800 Speaker 12: this family is mourning, going through police coming and thinking 921 00:51:40,200 --> 00:51:43,560 Speaker 12: they're being held against their will and being trashed. 922 00:51:44,360 --> 00:51:48,360 Speaker 2: Okay, let me understand, Dave mag you're talking about Austin Metcalf, 923 00:51:48,560 --> 00:51:53,080 Speaker 2: the dead boy. His family, his mother's home was swatted. 924 00:51:53,600 --> 00:51:57,920 Speaker 2: Someone calls police, an anonymous tipster and says a victim 925 00:51:57,960 --> 00:52:00,439 Speaker 2: has been shot in the mouth inside the home. 926 00:52:01,080 --> 00:52:02,520 Speaker 5: You have that one hundred percent correct. 927 00:52:03,560 --> 00:52:06,239 Speaker 2: You know, maybe I'm projecting, but I recall when my 928 00:52:06,320 --> 00:52:09,440 Speaker 2: fiance was murdered. I couldn't even think straight. I could 929 00:52:09,440 --> 00:52:13,960 Speaker 2: barely form words. I felt like just howling like an animal. 930 00:52:15,120 --> 00:52:18,320 Speaker 2: And this is a mother, a mother whose son, a 931 00:52:18,480 --> 00:52:21,960 Speaker 2: twin has been stabbed dead, who bled out in the 932 00:52:22,200 --> 00:52:26,680 Speaker 2: rain at a truck meet, and someone swats her home. 933 00:52:28,040 --> 00:52:31,640 Speaker 2: I don't understand. Douglas Griffin joining me, senior police officer, 934 00:52:31,880 --> 00:52:36,560 Speaker 2: President of the Houston Police Officers Union, that's saying a lot. 935 00:52:36,920 --> 00:52:42,239 Speaker 2: Twenty nine years on the Gang Task Force, you've seen 936 00:52:42,320 --> 00:52:47,360 Speaker 2: it all, Douglas Griffin, how is it that the victims 937 00:52:47,719 --> 00:52:51,200 Speaker 2: family has somehow become the bad guys in this scenario. 938 00:52:52,960 --> 00:52:56,440 Speaker 19: I really don't understand it. There's so many questions to 939 00:52:56,560 --> 00:52:58,400 Speaker 19: this case that you sit there and look at it 940 00:52:58,520 --> 00:53:01,759 Speaker 19: and go, how did this have happened? You have an 941 00:53:01,800 --> 00:53:05,440 Speaker 19: individual that goes to the wrong tent, not even his 942 00:53:05,600 --> 00:53:09,480 Speaker 19: school with h To me, it's almost like he intended 943 00:53:09,560 --> 00:53:12,360 Speaker 19: to start something somewhere in there. Then on top of that, 944 00:53:12,640 --> 00:53:15,040 Speaker 19: where are all the coaches and the teachers and the 945 00:53:15,120 --> 00:53:21,640 Speaker 19: staff these track bent events, There's people everywhere, and for 946 00:53:21,800 --> 00:53:24,160 Speaker 19: this to end up the way it did is just 947 00:53:24,239 --> 00:53:27,680 Speaker 19: a tragedy and it should never have happened. And I'm 948 00:53:28,000 --> 00:53:30,440 Speaker 19: still unfounded by the fact that he was able to 949 00:53:30,480 --> 00:53:33,080 Speaker 19: get a knife into a school facility like that, and 950 00:53:33,320 --> 00:53:35,520 Speaker 19: why would you have it in the first place. So 951 00:53:35,680 --> 00:53:37,720 Speaker 19: there's a lot of questions here that we have to answer. 952 00:53:37,800 --> 00:53:40,520 Speaker 19: We have to look at the way the school is 953 00:53:40,560 --> 00:53:44,640 Speaker 19: set up, the way the tints were set up, and 954 00:53:44,960 --> 00:53:49,080 Speaker 19: why it was so easy for him to pull a 955 00:53:49,160 --> 00:53:52,080 Speaker 19: knife from a bag and stab a student like that. 956 00:53:54,400 --> 00:53:56,800 Speaker 2: You know, you brought up a really good point, and 957 00:53:56,920 --> 00:54:00,839 Speaker 2: I haven't thought this aspect through and that is why 958 00:54:01,000 --> 00:54:03,960 Speaker 2: Douglas Griffin, I would spend so much time with my investigator, 959 00:54:04,120 --> 00:54:08,719 Speaker 2: Ernest and go over and over all the facts. I 960 00:54:08,760 --> 00:54:10,920 Speaker 2: guess I knew it, but it's staring me straight in 961 00:54:10,960 --> 00:54:16,680 Speaker 2: the face. He Carmelo Anthony the stabber, the confessed stabber. 962 00:54:16,760 --> 00:54:19,160 Speaker 2: If he hadn't confessed to it. And by the way, 963 00:54:19,200 --> 00:54:21,279 Speaker 2: I believe it's been caught on video, which I'm getting to, 964 00:54:22,640 --> 00:54:26,360 Speaker 2: he's not alleged. He confessed to it, all right. He 965 00:54:27,280 --> 00:54:33,320 Speaker 2: walks into the tent during a track mate carrying his 966 00:54:33,560 --> 00:54:40,640 Speaker 2: bag with a knife in it. It's very clear. I mean, 967 00:54:40,840 --> 00:54:43,480 Speaker 2: we've all been to high school football games and track events. 968 00:54:43,560 --> 00:54:47,520 Speaker 2: It was lightly raining, so they have a tint. It's 969 00:54:47,719 --> 00:54:51,880 Speaker 2: very clear whose tent is who's there's the colors of 970 00:54:51,960 --> 00:54:55,759 Speaker 2: the school on the tent. There's all the teammates from 971 00:54:55,960 --> 00:54:59,400 Speaker 2: that school under the tent. They're all wearing their uniforms 972 00:54:59,400 --> 00:55:03,160 Speaker 2: from that school. It may even have the school's name 973 00:55:03,400 --> 00:55:10,560 Speaker 2: on the tent. So, Carmelo Anthony the stabber walks into 974 00:55:10,960 --> 00:55:20,000 Speaker 2: the tent with a concealed knife. Why, just as you said, 975 00:55:20,400 --> 00:55:25,800 Speaker 2: why would you go into the other side's tent with 976 00:55:25,960 --> 00:55:30,640 Speaker 2: a knife if you were not looking for trouble to 977 00:55:31,200 --> 00:55:39,040 Speaker 2: Lisa Herrick joining US veteran juvenile attorney partner at Vargie Somerset. 978 00:55:40,760 --> 00:55:44,680 Speaker 2: This is important, former juvenile prosecutor, Lisa, thank you for 979 00:55:44,840 --> 00:55:45,560 Speaker 2: being with us. 980 00:55:46,440 --> 00:55:47,080 Speaker 11: Thank you, Nancy. 981 00:55:47,600 --> 00:55:51,680 Speaker 2: That's enough time to form premeditation right there now. I 982 00:55:51,920 --> 00:55:56,759 Speaker 2: know that you defend juveniles after having been a juvenile prosecutor. 983 00:55:57,239 --> 00:56:00,879 Speaker 2: But the reality is, under the black and white letter 984 00:56:01,120 --> 00:56:06,239 Speaker 2: of the law, Okay, premeditation, the intent to kill, or 985 00:56:06,280 --> 00:56:09,480 Speaker 2: the intent to commit any act can be formed in 986 00:56:09,560 --> 00:56:11,399 Speaker 2: the blink of an eye, the twinkling of a moment, 987 00:56:11,760 --> 00:56:13,600 Speaker 2: the time it takes you to raise the gun and 988 00:56:13,640 --> 00:56:16,319 Speaker 2: pull the trigger. The law does not require a long 989 00:56:16,520 --> 00:56:23,400 Speaker 2: drawn out period for a premeditation or planning mensrea malicea forethought, 990 00:56:23,920 --> 00:56:27,600 Speaker 2: for instance, a long drawn out period of poisoning someone 991 00:56:27,800 --> 00:56:30,440 Speaker 2: every single day, just a tiny bit of arsenic and 992 00:56:30,560 --> 00:56:33,160 Speaker 2: then they die. It can be formed just like that. 993 00:56:33,920 --> 00:56:38,960 Speaker 2: Why do I care? Because premeditation or malissa forethought minsrea 994 00:56:40,160 --> 00:56:44,120 Speaker 2: is a key factor, the critical ingredient in a murder 995 00:56:44,560 --> 00:56:46,920 Speaker 2: one prosecution, isn't it. 996 00:56:48,239 --> 00:56:48,919 Speaker 15: Absolutely? 997 00:56:49,480 --> 00:56:52,400 Speaker 11: Intent is one of the main elements of a murder 998 00:56:53,360 --> 00:56:55,799 Speaker 11: or an assault, an aggravated assault with a deadly weapon 999 00:56:55,880 --> 00:56:58,520 Speaker 11: that turns into a murder. Because in Texas we have 1000 00:56:59,120 --> 00:57:02,640 Speaker 11: a number of different ways that murder can be committed, 1001 00:57:02,840 --> 00:57:06,440 Speaker 11: or the language for murder can be alleged, one of 1002 00:57:06,480 --> 00:57:09,040 Speaker 11: which can be that you intend for a person to die, 1003 00:57:09,400 --> 00:57:13,680 Speaker 11: but another can be that your actions, your intentional or 1004 00:57:13,760 --> 00:57:15,719 Speaker 11: knowing actions, are. 1005 00:57:15,760 --> 00:57:16,240 Speaker 2: Such that. 1006 00:57:17,800 --> 00:57:19,960 Speaker 11: You would know that a person would die. So stabbing 1007 00:57:20,040 --> 00:57:22,440 Speaker 11: someone in the heart, you would certainly know that a 1008 00:57:22,480 --> 00:57:24,360 Speaker 11: person would die if you stab someone in the heart, 1009 00:57:24,680 --> 00:57:27,000 Speaker 11: and that knowledge or that intent, like you said. 1010 00:57:26,800 --> 00:57:29,840 Speaker 2: Okay, hold on, Lisa Harriet joining me better in try 1011 00:57:29,880 --> 00:57:33,600 Speaker 2: a lawyer. Lisa, You're absolutely correct. And I've got a 1012 00:57:33,680 --> 00:57:37,240 Speaker 2: great example because when I speak to juries very often 1013 00:57:37,840 --> 00:57:40,720 Speaker 2: or really anybody, and I can't tell I can't state 1014 00:57:40,800 --> 00:57:43,560 Speaker 2: that this was my idea. I got it from someone 1015 00:57:43,600 --> 00:57:47,880 Speaker 2: in the New Testament. I like to give examples, Okay, stories. 1016 00:57:48,680 --> 00:57:51,440 Speaker 2: For instance, if I take a gun and point it 1017 00:57:51,680 --> 00:57:57,000 Speaker 2: right over at my executive producer right here, Jackie, and 1018 00:57:57,160 --> 00:58:00,160 Speaker 2: pull the trigger, and then it's say, oh, I just 1019 00:58:00,240 --> 00:58:03,000 Speaker 2: meant to scare her. I didn't mean to kill her. 1020 00:58:03,520 --> 00:58:09,760 Speaker 2: The law presumes you intend the natural consequence of your act. 1021 00:58:10,600 --> 00:58:13,400 Speaker 2: You don't have to say I will now kill you, bam. 1022 00:58:14,360 --> 00:58:20,120 Speaker 2: The law presumes you intend the natural consequence of your act. 1023 00:58:20,280 --> 00:58:23,840 Speaker 2: So when you take the time to go to your 1024 00:58:25,080 --> 00:58:29,520 Speaker 2: duffel bag, your athletic bag, unzip it, get out a knife, 1025 00:58:30,080 --> 00:58:32,360 Speaker 2: and then stab someone, and then we have the previous 1026 00:58:32,480 --> 00:58:36,960 Speaker 2: threat to touch me and see what's gonna happen. All 1027 00:58:37,040 --> 00:58:41,800 Speaker 2: of that adds together to make a premeditated murder case. 1028 00:58:42,040 --> 00:58:46,160 Speaker 2: Now you have not only prosecuted juvenile cases felonies, which 1029 00:58:46,240 --> 00:58:49,800 Speaker 2: is a whole other animal prosecuting in juvenile court GV 1030 00:58:49,880 --> 00:58:55,160 Speaker 2: Court versus big court. Uh, what's your defense in this case? Lisa? 1031 00:58:55,320 --> 00:58:59,520 Speaker 2: What would your defense possibly be? Is it true that 1032 00:58:59,680 --> 00:59:03,520 Speaker 2: A and your ground defense is brewing? How can that 1033 00:59:03,680 --> 00:59:04,919 Speaker 2: perk light that didn't happen? 1034 00:59:06,200 --> 00:59:09,880 Speaker 11: A standard ground defense is hard in this fact situation 1035 00:59:10,160 --> 00:59:15,600 Speaker 11: because stand your ground law presumes that the victim is 1036 00:59:15,680 --> 00:59:18,120 Speaker 11: somewhere that they are not supposed to be. Right, you're 1037 00:59:18,200 --> 00:59:23,240 Speaker 11: defending your space when standard ground law applies. And certainly 1038 00:59:23,360 --> 00:59:25,400 Speaker 11: Austin was in a place where he was allowed to be. 1039 00:59:25,760 --> 00:59:28,400 Speaker 11: Now I think Carmelo probably was allowed to be where 1040 00:59:28,400 --> 00:59:30,440 Speaker 11: he was as well. It's a public place right. But 1041 00:59:30,600 --> 00:59:34,240 Speaker 11: in order to claim standard ground and in order to 1042 00:59:35,520 --> 00:59:37,680 Speaker 11: use that as your defense. You have to be defending 1043 00:59:37,840 --> 00:59:41,400 Speaker 11: your space. And so I know Carmelo is saying that 1044 00:59:41,520 --> 00:59:46,840 Speaker 11: Austin put hands on him. But deadly force is self 1045 00:59:46,880 --> 00:59:51,240 Speaker 11: defense theory that is supposed to be used deadly force 1046 00:59:51,320 --> 00:59:54,480 Speaker 11: meets deadly force. Self defense is not. 1047 00:59:56,240 --> 01:00:00,560 Speaker 2: Lisa, again, you're absolutely correct regarding the less of the law. 1048 01:00:01,000 --> 01:00:06,280 Speaker 2: I like to use this example. You can't slap me 1049 01:00:06,800 --> 01:00:10,680 Speaker 2: and then I shoot you down with an oozy okay, 1050 01:00:11,160 --> 01:00:14,480 Speaker 2: As for instance, I can't battle back against your fly 1051 01:00:14,600 --> 01:00:18,640 Speaker 2: swater with a machine gun. So you said it deadly 1052 01:00:18,720 --> 01:00:23,080 Speaker 2: force equals deadly force. But here isn't it true that 1053 01:00:23,240 --> 01:00:27,680 Speaker 2: Austin Metcalf was unarmed, So to introduce a deadly weapon 1054 01:00:28,680 --> 01:00:32,080 Speaker 2: that's deadly force versus no force. 1055 01:00:34,600 --> 01:00:38,680 Speaker 11: Correct, And even more so self defense without a deadly weapon. 1056 01:00:39,000 --> 01:00:43,360 Speaker 11: Regular self defense is not a justifiable defense to use 1057 01:00:43,360 --> 01:00:45,680 Speaker 11: against words alone. The law says that words are not 1058 01:00:45,720 --> 01:00:48,640 Speaker 11: sufficient provocation to use self defense. 1059 01:00:49,120 --> 01:00:52,480 Speaker 2: To Katy Barber joining me, content producer at my San 1060 01:00:52,520 --> 01:00:56,200 Speaker 2: Antonio dot com. Was the track event still ongoing? I 1061 01:00:56,280 --> 01:00:58,600 Speaker 2: take it that it was, since so many guys were 1062 01:00:58,640 --> 01:00:59,560 Speaker 2: still under the tent. 1063 01:01:01,080 --> 01:01:02,120 Speaker 15: At the time of the stabbing. 1064 01:01:03,040 --> 01:01:06,760 Speaker 9: It was a rain delay so everybody had taken a 1065 01:01:07,000 --> 01:01:09,000 Speaker 9: beat and they were waiting for the rain delay to 1066 01:01:09,240 --> 01:01:13,640 Speaker 9: be over when the fight first began. 1067 01:01:15,280 --> 01:01:21,120 Speaker 2: So simply that's a yes, the event was still ongoing. 1068 01:01:21,800 --> 01:01:25,280 Speaker 2: What does that mean to me? That means to me 1069 01:01:26,160 --> 01:01:28,480 Speaker 2: that there are going to be a lot of witnesses 1070 01:01:28,760 --> 01:01:32,920 Speaker 2: and everybody waiting for the rain delay to end. We're 1071 01:01:32,960 --> 01:01:38,120 Speaker 2: all huddled under that tin. There was no way that 1072 01:01:38,320 --> 01:01:42,680 Speaker 2: Anthony did not know he was going in the wrong tint, 1073 01:01:43,120 --> 01:01:48,120 Speaker 2: no way with a knife. I just wanted to clarify 1074 01:01:48,240 --> 01:01:50,960 Speaker 2: that It's not like the track meet was over and 1075 01:01:51,080 --> 01:01:54,000 Speaker 2: everybody was gone and the only one sitting under there 1076 01:01:54,120 --> 01:01:58,959 Speaker 2: was Austin Metcalf and that somehow he carmelo. Anthony didn't 1077 01:01:59,000 --> 01:02:03,480 Speaker 2: know where he was going. No, he went into the 1078 01:02:03,680 --> 01:02:09,000 Speaker 2: other side's tent with a knife. Okay, Dave Mack, you 1079 01:02:09,240 --> 01:02:13,720 Speaker 2: mentioned that Austin's mother's home was swatted with someone saying 1080 01:02:14,280 --> 01:02:17,800 Speaker 2: someone have been shot in the mouth in the home, 1081 01:02:18,440 --> 01:02:25,200 Speaker 2: so police swarm the place. What about threats on Austin's father. 1082 01:02:25,880 --> 01:02:30,960 Speaker 12: He has been getting threats since this first began, by 1083 01:02:31,400 --> 01:02:37,200 Speaker 12: text messages, by phone calls. Nancy, this grieving father had 1084 01:02:37,640 --> 01:02:42,680 Speaker 12: a person show up at his house banging on the 1085 01:02:42,840 --> 01:02:47,880 Speaker 12: door and he had to call police. He is under 1086 01:02:48,000 --> 01:02:53,200 Speaker 12: attack online, on everywhere you can imagine. And again, the 1087 01:02:53,320 --> 01:02:55,919 Speaker 12: scariest thing I can think of is somebody you don't 1088 01:02:56,120 --> 01:02:59,200 Speaker 12: know showing up at your address knowing who you are, 1089 01:03:00,320 --> 01:03:03,160 Speaker 12: and that happened to him. I don't even know how 1090 01:03:03,200 --> 01:03:05,600 Speaker 12: you go to sleep at night knowing that people can 1091 01:03:05,720 --> 01:03:10,920 Speaker 12: find you and they're gonna they're verbally violent towards you, 1092 01:03:11,600 --> 01:03:12,520 Speaker 12: and you're the victim. 1093 01:03:13,640 --> 01:03:16,840 Speaker 2: I just don't understand how this has gotten so best Awkwards. 1094 01:03:17,560 --> 01:03:22,240 Speaker 2: Neither family is the bad guy. Carmelo Anthony's family not 1095 01:03:22,400 --> 01:03:26,439 Speaker 2: the bad guy. The victim's family certainly not the bad guy. 1096 01:03:27,040 --> 01:03:32,880 Speaker 2: So how has the victim's family turned into the scapegoat here? 1097 01:03:33,600 --> 01:03:37,360 Speaker 2: Why is the mom's house getting swatted? Why is the 1098 01:03:37,560 --> 01:03:41,240 Speaker 2: dad getting threats? People showing up bamming on his door. 1099 01:03:41,640 --> 01:03:45,880 Speaker 2: They have put their son in the ground, they have 1100 01:03:46,080 --> 01:03:52,600 Speaker 2: been to his funeral. I can't even imagine anything worse 1101 01:03:53,360 --> 01:03:57,600 Speaker 2: than that. I want you to listen to the dad 1102 01:03:58,040 --> 01:04:00,880 Speaker 2: Jeff metcalf foughts. 1103 01:04:00,600 --> 01:04:07,040 Speaker 8: For and his brother was holding him, trying to hold 1104 01:04:07,040 --> 01:04:10,960 Speaker 8: the blood in, and he passed. My son watched his 1105 01:04:11,080 --> 01:04:12,800 Speaker 8: brother die in his arms. 1106 01:04:13,240 --> 01:04:17,200 Speaker 2: The father Jeff Metcal describing the moment his son Austin 1107 01:04:17,320 --> 01:04:20,480 Speaker 2: was stabbed dead at a high school track meet. As 1108 01:04:20,560 --> 01:04:24,800 Speaker 2: Carmelo Anthony adds a fleet of high price defense attorneys, 1109 01:04:24,840 --> 01:04:28,200 Speaker 2: all working for free, to his appellate team, we are 1110 01:04:28,360 --> 01:04:33,280 Speaker 2: hearing about his life behind bars, including pancakes for breakfast, 1111 01:04:33,440 --> 01:04:39,000 Speaker 2: chicken parmesan for lunch, chicken and rice for dinner, breakfast, burritos, 1112 01:04:39,200 --> 01:04:45,040 Speaker 2: port noodle casseroles for lunch, beef chili for dinner. What okay, 1113 01:04:46,520 --> 01:04:50,840 Speaker 2: I'd love somebody to bring me chicken palm. As Carmelo 1114 01:04:50,960 --> 01:04:55,080 Speaker 2: Anthony and his fleet of high priced lawyer's fight to 1115 01:04:55,160 --> 01:04:57,120 Speaker 2: set him free, we wait. 1116 01:04:57,200 --> 01:05:00,120 Speaker 3: A different calling County Judge. We'll hold a hearing on 1117 01:05:00,320 --> 01:05:04,520 Speaker 3: August nineteenth on the motion to replace Judge Roach. The 1118 01:05:04,640 --> 01:05:07,560 Speaker 3: next day, the defense team will argue their motion for 1119 01:05:07,800 --> 01:05:08,640 Speaker 3: a new trial. 1120 01:05:09,000 --> 01:05:12,160 Speaker 2: Nancy Gray's crime story, signing off goodbye for him,