1 00:00:05,920 --> 00:00:17,120 Speaker 1: Crime stories with Nancy Grace. Why won't he go away? 2 00:00:18,079 --> 00:00:24,400 Speaker 1: I'm talking about race attack faker Jesse Smollett. You know 3 00:00:25,280 --> 00:00:30,840 Speaker 1: when people are given everything beyond their wildest imaginations. Fame. 4 00:00:31,320 --> 00:00:34,840 Speaker 1: He was the star of Empire, you know, a hit 5 00:00:35,040 --> 00:00:42,519 Speaker 1: program on cable TV. Many people think he's handsome and charismatic, 6 00:00:42,920 --> 00:00:48,920 Speaker 1: making money handover fist. What more does this guy want? 7 00:00:49,320 --> 00:00:54,880 Speaker 1: He's got a loving family, his mother adores him. Well, 8 00:00:55,120 --> 00:01:01,880 Speaker 1: it ain't over yet. After Jesse Smollette convicted staging a 9 00:01:01,920 --> 00:01:07,000 Speaker 1: hate crime on himself good gravy, he has now filed 10 00:01:07,040 --> 00:01:12,960 Speaker 1: an appeal. He is filing an appeal of his conviction 11 00:01:13,120 --> 00:01:18,640 Speaker 1: for staging an anti gay racist attack on himself and 12 00:01:18,680 --> 00:01:25,160 Speaker 1: then lying to Chicago police about it, also letting two brothers, 13 00:01:25,160 --> 00:01:32,560 Speaker 1: the Osendaro brothers, take the fall. But where did the 14 00:01:32,560 --> 00:01:35,520 Speaker 1: whole thing start? And does this guy have a chance 15 00:01:35,920 --> 00:01:40,200 Speaker 1: on appeal? I want you to listen to this from 16 00:01:40,319 --> 00:01:41,080 Speaker 1: the Today Show. 17 00:01:41,680 --> 00:01:44,839 Speaker 2: No suicidal and I am innocent. I could have said 18 00:01:44,880 --> 00:01:45,319 Speaker 2: that I was. 19 00:01:45,240 --> 00:01:46,440 Speaker 3: Guilty a long time ago. 20 00:01:47,040 --> 00:01:50,000 Speaker 2: Even after a Cook County judge sentenced Jesse Smilett to 21 00:01:50,040 --> 00:01:53,200 Speaker 2: one hundred and fifty days in jail, the disgraced actor 22 00:01:53,280 --> 00:01:56,200 Speaker 2: turned convicted felon sticky to his story. 23 00:01:56,480 --> 00:01:58,279 Speaker 4: If I did this, then it means that I sucked 24 00:01:58,360 --> 00:01:59,600 Speaker 4: my fish in the fears. 25 00:02:00,120 --> 00:02:02,400 Speaker 2: Vlatamer is in the sputry for over four hundred years, 26 00:02:02,600 --> 00:02:07,200 Speaker 2: the former empire stars unwavering claim of innocence, ultimately his undoing. 27 00:02:07,480 --> 00:02:12,080 Speaker 5: You committed hour upon hour upon hour of pure perjury. 28 00:02:12,440 --> 00:02:16,079 Speaker 2: Judge James Lynn sentencing Smlett to thirty months felony probation, 29 00:02:16,320 --> 00:02:19,040 Speaker 2: including that jail time, ordering he paid more than one 30 00:02:19,120 --> 00:02:22,079 Speaker 2: hundred and twenty thousand dollars in restitution to the City 31 00:02:22,120 --> 00:02:26,880 Speaker 2: of Chicago and pay the maximum fine twenty five thousand dollars. 32 00:02:27,120 --> 00:02:31,160 Speaker 5: You've turned your life upside down by your misconduct in Shenanigan's. 33 00:02:32,080 --> 00:02:34,040 Speaker 5: You've destroyed your life as you knew it. 34 00:02:34,080 --> 00:02:37,480 Speaker 2: As a defiance, Smolette was taken into custody, his family 35 00:02:37,600 --> 00:02:39,120 Speaker 2: blasting the judge's decision. 36 00:02:39,400 --> 00:02:41,560 Speaker 1: He's the reason why folks aren't going to report hate crimes. 37 00:02:41,680 --> 00:02:44,960 Speaker 1: They're the reason why folks aren't going to report hate crimes. Okay, 38 00:02:45,680 --> 00:02:49,920 Speaker 1: you heard Jesse Smolette going down, swinging, lying through his 39 00:02:50,080 --> 00:02:53,320 Speaker 1: teeth till the end end. When you hear that reporter 40 00:02:53,440 --> 00:02:59,560 Speaker 1: going on and on about thirty months felony probation. Probation 41 00:03:00,080 --> 00:03:03,040 Speaker 1: that means you're not in jail. This guy, after all 42 00:03:03,280 --> 00:03:08,600 Speaker 1: he put everyone through, after the disservice he did to 43 00:03:08,800 --> 00:03:13,600 Speaker 1: real crime victims, he's gonna do about five days behind bars. 44 00:03:15,440 --> 00:03:18,120 Speaker 1: He got says to one hundred and fifty days, and 45 00:03:18,200 --> 00:03:22,679 Speaker 1: now he's done about five days. I mean'sy grace, This 46 00:03:22,800 --> 00:03:25,240 Speaker 1: is Crime Stories. Thank you for being with us, with 47 00:03:25,400 --> 00:03:28,920 Speaker 1: me an all star panel. Matthew Mangino, former District Attorney 48 00:03:28,960 --> 00:03:34,359 Speaker 1: Lawrence County, former Parole board member, author Executioners Told Doctor 49 00:03:34,440 --> 00:03:39,280 Speaker 1: Sherry Schwartz, forensic psychologists specializing in capital crimes, author of 50 00:03:39,560 --> 00:03:44,600 Speaker 1: Criminal Behavior and Where Law and Psychology intersect. Paul Zeite, 51 00:03:44,640 --> 00:03:47,000 Speaker 1: former police commander, who I can't wait to hear what 52 00:03:47,040 --> 00:03:50,920 Speaker 1: he's gonna say. Author stop him from killing them on 53 00:03:51,120 --> 00:03:54,480 Speaker 1: Amazon Kindle. But first to Alexis, to Restaurant Crime Online 54 00:03:54,520 --> 00:03:59,480 Speaker 1: dot Com investigative reporter Alexis, you know the whole thing, 55 00:03:59,800 --> 00:04:03,360 Speaker 1: go us all the way back to his ridiculous claims 56 00:04:03,880 --> 00:04:07,880 Speaker 1: of a hate crime perpetrated upon him because he I 57 00:04:07,920 --> 00:04:11,920 Speaker 1: guess his main thing was that he was gay or 58 00:04:12,040 --> 00:04:15,160 Speaker 1: because he was black. It was a mixture. When he 59 00:04:15,200 --> 00:04:21,520 Speaker 1: went out for a three a m subway run. How 60 00:04:21,680 --> 00:04:24,359 Speaker 1: in the hey has Smolette gotten out after just a 61 00:04:24,360 --> 00:04:24,880 Speaker 1: few days. 62 00:04:24,960 --> 00:04:29,480 Speaker 6: So the judge spent almost an hour telling him all 63 00:04:29,520 --> 00:04:31,960 Speaker 6: of the reasons why he was putting him behind bars. 64 00:04:32,279 --> 00:04:35,200 Speaker 6: The reason was he was found guilty of five salon 65 00:04:35,200 --> 00:04:38,560 Speaker 6: accounts of this early conduct, for lying to police about 66 00:04:38,600 --> 00:04:40,960 Speaker 6: his takee crime. He says that he was attacked at 67 00:04:41,040 --> 00:04:43,720 Speaker 6: two o'clock in the morning in Chicago, in the dead 68 00:04:43,800 --> 00:04:48,080 Speaker 6: of winter, absolutely sub freezing weather. Two men, he claimed, 69 00:04:48,120 --> 00:04:51,599 Speaker 6: wearing red hats that said make America great Again, magahats. 70 00:04:51,640 --> 00:04:54,479 Speaker 6: He blamed us on Trump. Said they attacked him and 71 00:04:54,480 --> 00:04:56,600 Speaker 6: said this is Trump country and beat him up and 72 00:04:56,640 --> 00:04:59,359 Speaker 6: tried to hang him by putting a newsover. At the 73 00:04:59,560 --> 00:05:03,040 Speaker 6: jury he said this was a big, fat lie and 74 00:05:03,080 --> 00:05:06,800 Speaker 6: found him guilty of lying. So the judge sentences him 75 00:05:06,800 --> 00:05:10,240 Speaker 6: to jail. He appeals, well, he first asked the judge, 76 00:05:10,240 --> 00:05:12,039 Speaker 6: can I have an appeal? The judge says no, You're 77 00:05:12,040 --> 00:05:13,039 Speaker 6: going right to jail. 78 00:05:13,400 --> 00:05:14,119 Speaker 1: Goes to jail. 79 00:05:14,480 --> 00:05:17,920 Speaker 6: His lawyers file acclaim with the appellate court and say 80 00:05:18,480 --> 00:05:22,279 Speaker 6: he has been sentenced to only five months in jail. 81 00:05:22,520 --> 00:05:25,640 Speaker 6: Only five months. We want to appeal this. We're going 82 00:05:25,680 --> 00:05:29,600 Speaker 6: to drag this appeal out longer than five months. So 83 00:05:29,880 --> 00:05:32,360 Speaker 6: if you keep our client in for the whole five 84 00:05:32,360 --> 00:05:35,080 Speaker 6: months and then when it's done, the appeal court overturns 85 00:05:35,080 --> 00:05:37,920 Speaker 6: the conviction, he will have unnecessarily served this time. 86 00:05:38,360 --> 00:05:44,240 Speaker 1: I don't care. Jesse Smollett hate crime faker walks out 87 00:05:44,279 --> 00:05:48,840 Speaker 1: of jail after release serving lesson a week of just 88 00:05:49,000 --> 00:05:53,960 Speaker 1: one hundred and fifty days. Hey, does everybody remember when 89 00:05:54,040 --> 00:05:58,600 Speaker 1: Paris Hilton went to jail and she was going to 90 00:05:58,680 --> 00:06:00,880 Speaker 1: do what she got like a six once senatece something 91 00:06:00,920 --> 00:06:05,800 Speaker 1: like that? She did three weeks maybe because the jail 92 00:06:06,000 --> 00:06:09,479 Speaker 1: was over a crowded. Was that Nicole Ritchie one of them? 93 00:06:10,200 --> 00:06:13,800 Speaker 1: And it was high drama. And the bottom line is 94 00:06:13,839 --> 00:06:16,120 Speaker 1: when you have a sentence like one hundred and fifty days, 95 00:06:16,440 --> 00:06:20,440 Speaker 1: you're going to get out really quickly anyway. But to 96 00:06:20,560 --> 00:06:24,839 Speaker 1: petition the court to get out early after what has 97 00:06:24,920 --> 00:06:27,800 Speaker 1: gone down, take us an hour cut twenty nine. Our 98 00:06:27,839 --> 00:06:33,400 Speaker 1: friend Patrick ELDWOODWGN. 99 00:06:32,600 --> 00:06:36,280 Speaker 7: Almost three years after he reported being attacked amid homophobic 100 00:06:36,320 --> 00:06:40,279 Speaker 7: and racial slurs after Jesse Smolette took the stand in 101 00:06:40,360 --> 00:06:44,800 Speaker 7: his own defense while being questioned by his attorney, Smolette 102 00:06:44,800 --> 00:06:47,760 Speaker 7: described the early morning incident, saying he had gone out 103 00:06:47,839 --> 00:06:50,599 Speaker 7: to Walgreens to buy eggs, but it was closed, so 104 00:06:50,640 --> 00:06:53,920 Speaker 7: we opted for a subway sandwich store instead. On his 105 00:06:53,960 --> 00:06:56,600 Speaker 7: way home, Smolette says he crossed paths with two men 106 00:06:56,680 --> 00:06:59,720 Speaker 7: wearing ski masks, with one of them yelling racial and 107 00:06:59,800 --> 00:07:03,160 Speaker 7: home homophobic slurs and saying he was in Maga country 108 00:07:03,440 --> 00:07:07,640 Speaker 7: while recognizing him as an actor on the TV show Empire. 109 00:07:08,279 --> 00:07:11,200 Speaker 7: Smollette says he threw a punch in his defense but 110 00:07:11,440 --> 00:07:14,320 Speaker 7: doesn't know if it landed. He fell to the ground 111 00:07:14,480 --> 00:07:18,120 Speaker 7: and was kicked. He testified that after the attack he 112 00:07:18,200 --> 00:07:20,440 Speaker 7: didn't even know there was a noose around his neck 113 00:07:20,520 --> 00:07:24,600 Speaker 7: because quote, I was getting my ass whooped unquote. 114 00:07:25,440 --> 00:07:28,360 Speaker 1: But yet there were no injuries. He had a time 115 00:07:28,440 --> 00:07:31,040 Speaker 1: little cut, and I don't know how many pictures he 116 00:07:31,080 --> 00:07:33,160 Speaker 1: took of it. Now take a listen to our cut 117 00:07:33,360 --> 00:07:36,760 Speaker 1: thirty three, our friend Charlie Demarcbs and E Chicago. 118 00:07:37,480 --> 00:07:39,920 Speaker 8: The actor also told the jury that he would do 119 00:07:40,000 --> 00:07:43,600 Speaker 8: drugs with Abel Osindaro and the two had a physical relationship. 120 00:07:43,920 --> 00:07:47,160 Speaker 8: He said during a bath house encounter there was some touching. 121 00:07:47,440 --> 00:07:48,960 Speaker 8: Abel denies those claims. 122 00:07:49,400 --> 00:07:50,760 Speaker 2: I'm ready to do what I gotta do. 123 00:07:51,200 --> 00:07:53,600 Speaker 8: It's likely that the case will hinge on whether the 124 00:07:53,680 --> 00:07:57,600 Speaker 8: jury believes Smolette or brothers Abel and Ola Osindaro, who 125 00:07:57,640 --> 00:07:59,920 Speaker 8: testified Smolette paid them to fake the attack. 126 00:08:00,720 --> 00:08:05,720 Speaker 1: Right, let me understand something, Alexis Terrestchuk. The payment was 127 00:08:05,800 --> 00:08:10,360 Speaker 1: tracked down. Wasn't it a check? The payment was tracked down, 128 00:08:10,640 --> 00:08:13,160 Speaker 1: And he tried to tell the jury that these two 129 00:08:13,200 --> 00:08:15,640 Speaker 1: guys that he did drugs with, that he went to 130 00:08:15,720 --> 00:08:19,880 Speaker 1: a bathhouse with, that he allegedly had romantic attachment with 131 00:08:20,160 --> 00:08:23,920 Speaker 1: sex with, they're the ones that attacked him, and they're 132 00:08:24,080 --> 00:08:26,240 Speaker 1: attacked him, and they're the ones he couldn't identify. I 133 00:08:26,280 --> 00:08:28,320 Speaker 1: no wonder the jury didn't believe him exactly. 134 00:08:28,360 --> 00:08:31,400 Speaker 6: These are guys that he's been friends with for years, 135 00:08:31,440 --> 00:08:33,520 Speaker 6: and in fact they were known to people on the 136 00:08:33,520 --> 00:08:37,760 Speaker 6: set of Empire. They are personal trainers. But he wrote 137 00:08:37,760 --> 00:08:42,240 Speaker 6: them a check, an absolute paper trail, undeniable paper trail, 138 00:08:42,559 --> 00:08:44,880 Speaker 6: even though he says it was for something else made 139 00:08:45,040 --> 00:08:48,280 Speaker 6: maybe drugs or maybe anything else. He can't really remember. Also, 140 00:08:48,360 --> 00:08:51,240 Speaker 6: he doesn't care because these two he doesn't even know 141 00:08:51,280 --> 00:08:52,960 Speaker 6: if they were the ones that attacked him, even though 142 00:08:53,000 --> 00:08:54,319 Speaker 6: they were caught on video. 143 00:08:55,320 --> 00:08:57,240 Speaker 1: I think we need a shrink, and we need one 144 00:08:57,280 --> 00:09:04,000 Speaker 1: pretty quickly. Hate crime Baker Empire star Jesse Smolette has 145 00:09:04,040 --> 00:09:08,840 Speaker 1: walked out of jail after about five days on one 146 00:09:08,920 --> 00:09:13,320 Speaker 1: hundred and fifty day conviction straight out to doctor Sherry Schwartz. 147 00:09:13,360 --> 00:09:17,560 Speaker 1: Forensic psychologists joining us, this guy needs a shrink. 148 00:09:17,840 --> 00:09:22,079 Speaker 9: Well, that does seem to be the consensus, at least 149 00:09:22,120 --> 00:09:27,840 Speaker 9: in the psychological community. Nancy. Anybody who fakes something like 150 00:09:27,880 --> 00:09:32,560 Speaker 9: this an illness a crime where they fakes injury, typically 151 00:09:32,559 --> 00:09:35,800 Speaker 9: what we start to look at is something called factitious disorder. 152 00:09:37,480 --> 00:09:40,880 Speaker 9: If you think about Munchausen's by proxy, when that's done 153 00:09:40,920 --> 00:09:43,680 Speaker 9: to other people to get sympathy for yourself. This is 154 00:09:43,800 --> 00:09:46,520 Speaker 9: kind of where you do it to yourself to get 155 00:09:46,559 --> 00:09:50,480 Speaker 9: sympathy for yourself. But in this case he might also have, 156 00:09:51,760 --> 00:09:55,280 Speaker 9: you know, not so much a mental health disorder like 157 00:09:55,400 --> 00:09:58,800 Speaker 9: that where he's almost sympathetic, but this might have been 158 00:09:59,000 --> 00:10:02,480 Speaker 9: for personal gain in terms of promoting some movie project 159 00:10:02,520 --> 00:10:05,120 Speaker 9: that he was working on to get publicity. 160 00:10:05,360 --> 00:10:08,079 Speaker 1: Oh he got publicity, Doctor Sherry Schwartz. Didn't he like 161 00:10:08,160 --> 00:10:11,280 Speaker 1: this to rest Chuck, But who's ever going to hire him? Ever? 162 00:10:11,520 --> 00:10:12,240 Speaker 4: That's the thing. 163 00:10:12,360 --> 00:10:16,400 Speaker 6: This is his career is absolutely over. Empire was a huge. 164 00:10:16,120 --> 00:10:20,760 Speaker 1: Chance with his career. What about Lady Justice an appeal 165 00:10:20,880 --> 00:10:24,280 Speaker 1: bond my rear end. Why do you need a jury 166 00:10:24,480 --> 00:10:28,760 Speaker 1: if you're gonna then give the defendant an appeal on 167 00:10:28,880 --> 00:10:33,920 Speaker 1: what the jury just did? Why did you strike a jury? Okay, 168 00:10:34,080 --> 00:10:35,960 Speaker 1: back to you all like this, ter rest Chuck. I 169 00:10:36,040 --> 00:10:40,599 Speaker 1: know you're in Hollywood, and that's your mindset. My mindset 170 00:10:41,120 --> 00:10:45,880 Speaker 1: is about how hard I thought to prove convictions, to 171 00:10:46,080 --> 00:10:51,440 Speaker 1: prove cases, put a jury through h double l missing work, 172 00:10:52,000 --> 00:10:54,440 Speaker 1: away from your children, away from your home. You know, 173 00:10:54,520 --> 00:10:57,679 Speaker 1: nothing drives me crazier than have to be away from 174 00:10:57,720 --> 00:11:00,560 Speaker 1: the twins. And they're in court all all day long. 175 00:11:00,600 --> 00:11:02,840 Speaker 1: Listen to this guy whined about how bad he's got. 176 00:11:02,880 --> 00:11:04,959 Speaker 1: How much is he getting paid an episode? 177 00:11:04,960 --> 00:11:09,000 Speaker 6: Alexis two hundred thousand dollars an episode? An episode? 178 00:11:09,160 --> 00:11:12,640 Speaker 1: Did you hear that? Did you hear that? Fining? 179 00:11:12,920 --> 00:11:13,640 Speaker 3: Carrying on? 180 00:11:13,840 --> 00:11:16,600 Speaker 1: And he's been behind bars? What's five times twenty four? 181 00:11:17,000 --> 00:11:21,560 Speaker 1: Is that one hundred and twenty something? He hasn't even 182 00:11:21,640 --> 00:11:26,160 Speaker 1: been behind bars two hundred hours and he's out. 183 00:11:26,520 --> 00:11:30,160 Speaker 6: He has he has walked free. The appellic court has 184 00:11:30,360 --> 00:11:33,120 Speaker 6: three judges. It was not a unanimous decision. It was 185 00:11:33,160 --> 00:11:36,400 Speaker 6: two to one majority rules, and he walked out of 186 00:11:36,440 --> 00:11:42,280 Speaker 6: court at eight pm Chicago time. In a whole Hollywood production. Again. 187 00:11:42,520 --> 00:11:46,040 Speaker 6: You know, Jesse has five bodyguards, he has family members, 188 00:11:46,040 --> 00:11:49,720 Speaker 6: he has defense attorneys, the biggest entourage you've ever seen 189 00:11:49,760 --> 00:11:52,480 Speaker 6: outside of the TV show Entourage. It's like everything is 190 00:11:52,480 --> 00:11:53,920 Speaker 6: a Hollywood production for him. 191 00:11:54,559 --> 00:11:56,280 Speaker 1: Guys, take a listen to our cut thirty two our 192 00:11:56,280 --> 00:11:57,720 Speaker 1: friends from WG. 193 00:11:57,440 --> 00:12:02,679 Speaker 7: And small Let testified he resisted hauling Chicago police because quote, 194 00:12:02,880 --> 00:12:05,360 Speaker 7: I am a black man in America. I do not 195 00:12:05,520 --> 00:12:10,720 Speaker 7: trust the police unquote, But later he said responding officers 196 00:12:10,960 --> 00:12:14,880 Speaker 7: treated him very well. He testified as a gay black man, 197 00:12:14,960 --> 00:12:18,120 Speaker 7: he felt the incident would emasculate him and hurt his 198 00:12:18,280 --> 00:12:19,959 Speaker 7: chances for certain types of. 199 00:12:19,960 --> 00:12:21,479 Speaker 3: Future acting roles. 200 00:12:21,920 --> 00:12:25,439 Speaker 7: Earlier in the day, Smallhead testified he met the Osendairo 201 00:12:25,520 --> 00:12:28,079 Speaker 7: brothers through his job on Empire, and that he went 202 00:12:28,080 --> 00:12:30,760 Speaker 7: to a Chicago bathhouse with one of them where they 203 00:12:30,760 --> 00:12:34,400 Speaker 7: did drugs and made out. Prosecutors say he recruited the 204 00:12:34,400 --> 00:12:37,839 Speaker 7: brothers to stage the attack as way to pump up 205 00:12:37,960 --> 00:12:42,040 Speaker 7: his career. Smallhead has admitted to paying the brothers thirty 206 00:12:42,040 --> 00:12:45,040 Speaker 7: five hundred dollars, but says that was for weight training 207 00:12:45,360 --> 00:12:46,640 Speaker 7: and diet consultation. 208 00:12:46,960 --> 00:12:56,160 Speaker 1: Okay, hi, guys, Nancy Grace here, please join us now 209 00:12:56,440 --> 00:13:01,040 Speaker 1: on Fox Nation for a brand new investigation, Parallels of 210 00:13:01,120 --> 00:13:06,920 Speaker 1: Evil the Bundy and Idaho Killings. In this gripping special investigation, 211 00:13:07,600 --> 00:13:11,319 Speaker 1: we bring together an incredible panel of guests who analyze 212 00:13:11,520 --> 00:13:19,000 Speaker 1: disturbing similarities of evil between these horrible crimes. We speak 213 00:13:19,040 --> 00:13:24,760 Speaker 1: with two female Ted Bundy survivors, Karen Pryor and Cheryl Thomas, 214 00:13:25,320 --> 00:13:30,640 Speaker 1: who described their life before and after they were victims 215 00:13:30,679 --> 00:13:35,000 Speaker 1: of Ted Bundy. We also speak with the renowned private 216 00:13:35,000 --> 00:13:38,520 Speaker 1: investigator Bill Warner who worked in the cases, and Ted 217 00:13:38,640 --> 00:13:43,880 Speaker 1: Bundy's defense attorney, John Henry Brown. We traveled to Moscow, Idaho, 218 00:13:44,200 --> 00:13:48,720 Speaker 1: to speak with Washington State University students and interview neighbors 219 00:13:48,720 --> 00:13:54,320 Speaker 1: of Brian Coburger. One neighbor shares exclusive insights about the 220 00:13:54,360 --> 00:13:59,920 Speaker 1: suspect in the Idaho killings, Brian Coburger. Don't miss Parallel 221 00:14:00,200 --> 00:14:03,400 Speaker 1: of Evil the Bundy and I Hope Killings, streaming now 222 00:14:03,720 --> 00:14:22,640 Speaker 1: exclusively on Fox Nation Crime Stories with Nancy Grace. For 223 00:14:22,720 --> 00:14:25,080 Speaker 1: those of you just joining us, It's not over with 224 00:14:25,200 --> 00:14:27,840 Speaker 1: Jesse Smallett. He just won't go away. Or is this 225 00:14:27,920 --> 00:14:31,640 Speaker 1: part of another PR public relations plan on his part 226 00:14:32,000 --> 00:14:36,960 Speaker 1: to get more money and another job on camera. Who knows, 227 00:14:37,240 --> 00:14:42,840 Speaker 1: because reportedly the motive for the original race attack staging 228 00:14:43,440 --> 00:14:47,600 Speaker 1: was to drum up PR about himself so he would 229 00:14:47,880 --> 00:14:52,880 Speaker 1: make more money for his role in Empire. You know 230 00:14:53,480 --> 00:14:58,440 Speaker 1: all the hours the man hours police put into solving 231 00:14:58,520 --> 00:15:04,920 Speaker 1: the so called anti gay attack on Smolette and last 232 00:15:04,920 --> 00:15:08,960 Speaker 1: but not least, basically framing the two o Sandaro brothers 233 00:15:09,000 --> 00:15:13,320 Speaker 1: to take the fall for a fake attack, and now 234 00:15:13,440 --> 00:15:17,960 Speaker 1: we're supposed to believe his motion for a new trial, 235 00:15:18,280 --> 00:15:24,080 Speaker 1: his appeal. Let's take another look at the facts. Matthew Mangino, 236 00:15:24,240 --> 00:15:28,960 Speaker 1: former District Attorney Lawrence County, former Parole Board member, author 237 00:15:29,080 --> 00:15:31,800 Speaker 1: executioners told go ahead hit me. 238 00:15:32,000 --> 00:15:37,400 Speaker 10: Well, there's no question that you're angry at Jesse Smollett, 239 00:15:37,600 --> 00:15:39,640 Speaker 10: but I think we have to separate. 240 00:15:39,880 --> 00:15:42,120 Speaker 1: I agree with the judges that let him go. 241 00:15:42,440 --> 00:15:45,360 Speaker 10: Yes, well, and I understand that as well. But you 242 00:15:45,400 --> 00:15:48,120 Speaker 10: know you're mad at him, but we need to separate 243 00:15:48,200 --> 00:15:50,440 Speaker 10: the people we're mad at from the people that we're 244 00:15:50,480 --> 00:15:55,920 Speaker 10: afraid of. And is a this is a class for 245 00:15:56,360 --> 00:16:01,640 Speaker 10: felony in most cases in Illinois. This this be flat probation, 246 00:16:01,840 --> 00:16:08,160 Speaker 10: no jail time. You know, because he's a Hollywood name, Uh, 247 00:16:08,240 --> 00:16:10,760 Speaker 10: you know, should we treat him more harshly than we 248 00:16:10,800 --> 00:16:14,760 Speaker 10: would typically other people who file false reports with the police. 249 00:16:14,880 --> 00:16:17,920 Speaker 1: Okay, wait, who can you name me one person that 250 00:16:18,000 --> 00:16:22,440 Speaker 1: followed a false report with police in your jurisdiction that 251 00:16:22,600 --> 00:16:26,400 Speaker 1: took it to a jury trial and claimed he was 252 00:16:26,400 --> 00:16:31,040 Speaker 1: the victim of a racial and homophobic hate crime. Name one? 253 00:16:31,160 --> 00:16:32,920 Speaker 10: Well, I'm sure. 254 00:16:35,000 --> 00:16:38,280 Speaker 1: Don't tell me. Yeah they haven't. Who did something like this? 255 00:16:38,600 --> 00:16:42,560 Speaker 10: Well, I don't know really of anybody who faked their own. 256 00:16:42,320 --> 00:16:44,280 Speaker 1: Assault, their own hate crime. 257 00:16:44,360 --> 00:16:47,280 Speaker 10: Wouldn't do that their own hate crime because they don't 258 00:16:47,320 --> 00:16:48,480 Speaker 10: have anything to gain from it. 259 00:16:48,800 --> 00:16:56,160 Speaker 1: The worst conjuring Matthew Mangino is the news the news 260 00:16:56,360 --> 00:17:00,440 Speaker 1: for a black male. Sure have a new to put 261 00:17:00,440 --> 00:17:03,240 Speaker 1: it around his neck? And then we find out, isn't 262 00:17:03,240 --> 00:17:05,600 Speaker 1: this right? Alexis trest truck And feel free to correct 263 00:17:05,640 --> 00:17:08,320 Speaker 1: me if I'm wrong. I'd rather know the truth. Didn't 264 00:17:08,320 --> 00:17:11,159 Speaker 1: it come out that he took the news off and 265 00:17:11,200 --> 00:17:14,160 Speaker 1: then put it back on so the cops could get 266 00:17:14,200 --> 00:17:16,400 Speaker 1: it and their body can footage when they came back. 267 00:17:16,640 --> 00:17:20,240 Speaker 1: He is screwing around with one of the vilest and 268 00:17:20,320 --> 00:17:24,560 Speaker 1: most hated symbols in our country. What happened to so 269 00:17:25,080 --> 00:17:32,600 Speaker 1: many black males? Awful history? And he conjures that up 270 00:17:33,359 --> 00:17:36,639 Speaker 1: like an evil magician and puts it on and takes 271 00:17:36,640 --> 00:17:41,439 Speaker 1: it off for effect. Yes, hell, yes, he ought to 272 00:17:41,480 --> 00:17:44,600 Speaker 1: be in jail. Isn't that what happened? Isn't that what happened? 273 00:17:44,800 --> 00:17:45,800 Speaker 1: Alexis trestruck. 274 00:17:45,960 --> 00:17:49,359 Speaker 6: It is and in fact the dud he said that 275 00:17:49,400 --> 00:17:52,840 Speaker 6: these random attackers put this news on him. The brothers 276 00:17:52,920 --> 00:17:56,720 Speaker 6: were on video at a store buying the rope. They 277 00:17:56,720 --> 00:18:01,080 Speaker 6: didn't do this of their own. This wasn't idea. They 278 00:18:01,119 --> 00:18:03,919 Speaker 6: did this because he told them what to buy, because 279 00:18:03,920 --> 00:18:06,440 Speaker 6: this would have made the crime more solections. 280 00:18:05,960 --> 00:18:10,800 Speaker 1: And Matthew Mangino, I mean a renowned lawyer and author, 281 00:18:10,960 --> 00:18:15,400 Speaker 1: former district attorney now private lawyer, Matthew man Gino, you're 282 00:18:15,440 --> 00:18:17,359 Speaker 1: telling me that, hey, this happens all the time. They 283 00:18:17,400 --> 00:18:20,360 Speaker 1: don't go to jail, bs, This does not happen all 284 00:18:20,400 --> 00:18:24,639 Speaker 1: the time. To prey on the fears of people all 285 00:18:24,680 --> 00:18:29,959 Speaker 1: across the country, to pray on hatred and injustice and 286 00:18:30,320 --> 00:18:33,359 Speaker 1: use it for a pr boost to get a raised 287 00:18:33,440 --> 00:18:36,800 Speaker 1: in your salary. Oh no, no, he needs to be 288 00:18:36,920 --> 00:18:38,000 Speaker 1: in jail, man Geno. 289 00:18:38,440 --> 00:18:41,520 Speaker 10: Well, again, you know we're mad at him, we're angry 290 00:18:41,640 --> 00:18:44,720 Speaker 10: at him. But again, is he is he? Is he 291 00:18:44,800 --> 00:18:47,040 Speaker 10: a threat to the society? 292 00:18:47,160 --> 00:18:47,399 Speaker 4: Is he? 293 00:18:47,720 --> 00:18:50,000 Speaker 10: Is he a person who we should be afraid of, 294 00:18:50,040 --> 00:18:53,000 Speaker 10: who's going to be turned loose on the streets? I mean, 295 00:18:53,480 --> 00:18:56,399 Speaker 10: you know, if he wasn't a celebrity, we would have 296 00:18:56,520 --> 00:18:59,399 Speaker 10: heard nothing about this case. You know, the fact that 297 00:18:59,440 --> 00:19:01,439 Speaker 10: he's a celebt or the fact that he is it 298 00:19:01,440 --> 00:19:02,080 Speaker 10: doesn't matter. 299 00:19:02,760 --> 00:19:05,000 Speaker 1: It doesn't matter. That's the whole. If a tree falls 300 00:19:05,000 --> 00:19:08,160 Speaker 1: of the forest, does anybody hear it? Yeah, it can 301 00:19:08,200 --> 00:19:12,000 Speaker 1: be heard, even if you're not there. It still makes 302 00:19:12,080 --> 00:19:15,000 Speaker 1: a sound. Whether he's a celebrity or not. He did 303 00:19:15,080 --> 00:19:15,800 Speaker 1: this thing. 304 00:19:15,840 --> 00:19:20,560 Speaker 10: Great, And people in similar situations who are convicted of 305 00:19:20,600 --> 00:19:24,960 Speaker 10: class four felonies in Illinois don't go to jail. 306 00:19:25,440 --> 00:19:28,480 Speaker 1: But you haven't been able to name another similar situation. 307 00:19:28,640 --> 00:19:31,919 Speaker 10: Have you another actor who's done something like this? 308 00:19:32,080 --> 00:19:35,280 Speaker 1: No, I don't know if any anyone, anyone that's done 309 00:19:35,359 --> 00:19:40,840 Speaker 1: something like this. Prayed on prejudices and hate and a horrible, 310 00:19:41,000 --> 00:19:48,080 Speaker 1: hateful history of targeting people and the worst conjuring of 311 00:19:48,119 --> 00:19:52,359 Speaker 1: all the news. I mean, it goes on and on 312 00:19:52,560 --> 00:19:56,359 Speaker 1: and on. I want to go to Paul Zych, former 313 00:19:56,440 --> 00:20:00,679 Speaker 1: police commander, author of Stop Him From Killelling Them on 314 00:20:00,800 --> 00:20:04,840 Speaker 1: Amazon Kindle Paul's Eye, What do you think? 315 00:20:05,000 --> 00:20:10,120 Speaker 4: Well, I think you had two dozen detectives that engage 316 00:20:10,160 --> 00:20:16,480 Speaker 4: in three thousand hours plus of investigation to bring an 317 00:20:16,480 --> 00:20:22,040 Speaker 4: offender to justice that did not exist. And the fact 318 00:20:22,080 --> 00:20:27,280 Speaker 4: that the officers were chasing essentially a ghost is something 319 00:20:27,280 --> 00:20:31,639 Speaker 4: they're not equipped really, And you could go two careers 320 00:20:31,680 --> 00:20:36,200 Speaker 4: without finding this exact situation where a a top flight 321 00:20:36,280 --> 00:20:40,680 Speaker 4: actor or any sort of high profile individual, or any 322 00:20:40,800 --> 00:20:44,440 Speaker 4: victim so to speak, would make up an entire story 323 00:20:44,600 --> 00:20:47,280 Speaker 4: and have props and have all these other things to 324 00:20:47,320 --> 00:20:52,480 Speaker 4: make you believe that these terrible things had happened. Furthermore, 325 00:20:52,760 --> 00:20:55,600 Speaker 4: it also opens the door for an arrest to be 326 00:20:55,680 --> 00:20:59,040 Speaker 4: made of the wrong people or people that never were involved. 327 00:20:59,560 --> 00:21:02,399 Speaker 4: You know, we're we're so worried about people being in prison. 328 00:21:02,440 --> 00:21:06,320 Speaker 4: Who have you know, twenty thirty years ago didn't do 329 00:21:06,720 --> 00:21:10,800 Speaker 4: what they were accused of doing. This exact setup, this 330 00:21:10,960 --> 00:21:16,040 Speaker 4: exact paradigm, could have created a situation where if they 331 00:21:16,240 --> 00:21:19,199 Speaker 4: believed him and not these other individuals, the people that 332 00:21:19,280 --> 00:21:22,320 Speaker 4: he hired to commit these crimes, they could be in 333 00:21:22,359 --> 00:21:26,399 Speaker 4: prison for the next twenty years. And who's looking at that, 334 00:21:26,720 --> 00:21:30,520 Speaker 4: and not to mention the you know, the political motivation 335 00:21:30,720 --> 00:21:34,879 Speaker 4: behind it all. That's just sickening. And it really for 336 00:21:35,040 --> 00:21:38,119 Speaker 4: me and law enforcement in me as a human being, 337 00:21:38,600 --> 00:21:43,840 Speaker 4: it is the worst within mankind for something like this 338 00:21:43,960 --> 00:21:49,000 Speaker 4: to happen to be completely false, and nobody's really prepared 339 00:21:49,040 --> 00:21:51,840 Speaker 4: for that. But guess what it happens, and it just did. 340 00:21:52,640 --> 00:21:56,520 Speaker 1: In the last hour, Star of Empire or Justice, Mollett 341 00:21:57,119 --> 00:22:01,320 Speaker 1: demands a new trial after he stayed for faking a 342 00:22:01,359 --> 00:22:05,480 Speaker 1: hate crime on himself. In the last weeks, the Empire 343 00:22:05,600 --> 00:22:09,920 Speaker 1: Star files the appeal in an investigation where Chicago cops 344 00:22:10,240 --> 00:22:15,320 Speaker 1: conclude Smolette hired the two Osendaro brothers to carry out 345 00:22:15,320 --> 00:22:18,760 Speaker 1: the crime. He was sentenced to wait for it one 346 00:22:18,840 --> 00:22:23,399 Speaker 1: hundred and fifty days in jail last year, but because 347 00:22:23,400 --> 00:22:27,840 Speaker 1: of all of his moaning and groaning and crying and sndting, 348 00:22:28,480 --> 00:22:33,520 Speaker 1: he actually got out on an appeal bond to walk 349 00:22:33,600 --> 00:22:36,879 Speaker 1: free until his case is decided. Is there a chance 350 00:22:36,920 --> 00:22:42,719 Speaker 1: this guy could somehow swing a new trial? You know, 351 00:22:43,040 --> 00:22:46,480 Speaker 1: Paul Siche as go ahead, I'll circle back to sch 352 00:22:46,560 --> 00:22:46,919 Speaker 1: go ahead. 353 00:22:47,240 --> 00:22:50,000 Speaker 10: Yeah, okay, real quick, this is my advantage, you know. 354 00:22:50,520 --> 00:22:53,800 Speaker 10: And again, you know, I understand that the time that 355 00:22:53,880 --> 00:22:56,440 Speaker 10: was put into this case, but you had twenty five 356 00:22:56,480 --> 00:23:01,480 Speaker 10: police officers investigating a false report to the police. There 357 00:23:01,480 --> 00:23:03,240 Speaker 10: were eight hundred homicides. 358 00:23:03,400 --> 00:23:05,800 Speaker 1: Oh wait a minute, wait a minute. You had all 359 00:23:05,880 --> 00:23:10,560 Speaker 1: these cops investigating what they believed to be a hate 360 00:23:10,640 --> 00:23:15,399 Speaker 1: crime and possible attempt to murder even by putting your 361 00:23:15,400 --> 00:23:20,199 Speaker 1: moose around his neck on a celebrity because he's black, 362 00:23:20,320 --> 00:23:23,840 Speaker 1: because he's gay. That's what they were investigating. And then 363 00:23:23,880 --> 00:23:28,520 Speaker 1: old roads led back to Jesse Smollett. Right, they found 364 00:23:28,520 --> 00:23:30,080 Speaker 1: the purple all right, it was Smollett. 365 00:23:30,240 --> 00:23:33,520 Speaker 10: Yeah, let's put it in perspective. Eight hundred homicides in 366 00:23:33,600 --> 00:23:37,719 Speaker 10: Chicago and you got twenty five police officers investigating this. 367 00:23:37,160 --> 00:23:41,040 Speaker 1: This No, you are not turning this back around on 368 00:23:41,119 --> 00:23:45,840 Speaker 1: the cops. They think that the mole men are out there. Wait, 369 00:23:46,040 --> 00:23:48,480 Speaker 1: alexis Terreshak. At some point did he say that the 370 00:23:48,760 --> 00:23:52,119 Speaker 1: purpse threw bleach on him? He did? Oh, dear Lord 371 00:23:52,240 --> 00:23:55,800 Speaker 1: in Heaven, I mean, come on, Zike, help me out here. 372 00:23:55,840 --> 00:23:59,159 Speaker 1: You hear men, Geno if you believe that there are 373 00:23:59,200 --> 00:24:03,360 Speaker 1: purps out there that are throwing bleach on a victim, 374 00:24:04,000 --> 00:24:10,600 Speaker 1: on beating them, wrapping a noose around their neck, taunting them. Yeah, 375 00:24:10,760 --> 00:24:13,520 Speaker 1: you're gonna look for the purpse. And then the fact 376 00:24:13,600 --> 00:24:17,879 Speaker 1: that the victims of celebrity making this crime high profile, 377 00:24:18,040 --> 00:24:21,639 Speaker 1: giving your city a black eye. Yes, the cops are 378 00:24:21,680 --> 00:24:25,240 Speaker 1: all over a potential hate crime. Because hate doesn't die, 379 00:24:25,880 --> 00:24:29,200 Speaker 1: that purp will do it again and again and release 380 00:24:29,480 --> 00:24:32,760 Speaker 1: his hate. In another way, the purp had to be stopped. 381 00:24:32,800 --> 00:24:35,520 Speaker 1: And you've got Mengino trying to turn this around on 382 00:24:35,600 --> 00:24:38,000 Speaker 1: a cop. So there's that question. But this is what 383 00:24:38,080 --> 00:24:41,960 Speaker 1: I was gonna ask you earlier. It makes me think, 384 00:24:42,320 --> 00:24:47,359 Speaker 1: what's it all for? Why did I beat my brains 385 00:24:47,400 --> 00:24:53,639 Speaker 1: out trying to put bad guys behind bars every day, 386 00:24:53,800 --> 00:24:58,080 Speaker 1: working till three and four in the morning sometimes for 387 00:24:58,240 --> 00:25:02,639 Speaker 1: this for the pearl to be let out? How do 388 00:25:02,720 --> 00:25:05,720 Speaker 1: you think the Ousindari brothers feel. How do you think 389 00:25:05,760 --> 00:25:11,040 Speaker 1: that Gurrs feel? The cops his stand by and see 390 00:25:11,160 --> 00:25:16,840 Speaker 1: all that work, all that effort for what what about it? Zike? 391 00:25:17,160 --> 00:25:20,760 Speaker 4: Well, here's the thing we talked about those twenty four officers, 392 00:25:21,080 --> 00:25:23,119 Speaker 4: and you can imagine the emotions they're going through. 393 00:25:24,440 --> 00:25:25,960 Speaker 1: I bet they feel defeated. 394 00:25:26,240 --> 00:25:29,800 Speaker 4: Defeated absolutely, they put all that in for nothing. Any 395 00:25:29,800 --> 00:25:32,720 Speaker 4: good cop that's worth their weight, and there's a lot 396 00:25:32,760 --> 00:25:34,960 Speaker 4: of them in this country, by the way, take that 397 00:25:35,040 --> 00:25:39,960 Speaker 4: as a personal insult that somebody in their city could 398 00:25:40,080 --> 00:25:42,879 Speaker 4: possibly be the victim of a hate crime and have 399 00:25:43,000 --> 00:25:46,680 Speaker 4: all these heinous things done to them. Their position is 400 00:25:46,720 --> 00:25:49,560 Speaker 4: going to be, I'm not going home. I'm not going 401 00:25:49,640 --> 00:25:52,640 Speaker 4: to bed until I find the people that did this 402 00:25:52,800 --> 00:25:55,720 Speaker 4: and bring them to justice, not on my watch, and 403 00:25:55,880 --> 00:25:58,560 Speaker 4: have all that be turned around and be an absolute 404 00:25:58,920 --> 00:26:04,680 Speaker 4: farce and just sham of the criminal justice system. Those officers, 405 00:26:04,880 --> 00:26:07,680 Speaker 4: I guarantee you are defeated. How they may even need 406 00:26:07,800 --> 00:26:08,879 Speaker 4: counseling at the end of that. 407 00:26:09,080 --> 00:26:12,560 Speaker 1: I mean, when you work that hard. I mean, Alexis Teschut, 408 00:26:13,000 --> 00:26:15,159 Speaker 1: you have been around me when I've been working on 409 00:26:15,200 --> 00:26:18,159 Speaker 1: a case. I live it, I breathe it, I ate it, 410 00:26:18,280 --> 00:26:20,960 Speaker 1: I drink it. That's what I think about until it's solved, 411 00:26:21,480 --> 00:26:26,480 Speaker 1: and that can take days, weeks, months, sometimes longer. And 412 00:26:26,520 --> 00:26:31,080 Speaker 1: when you finally crack a case, it finally goes to trial, 413 00:26:32,040 --> 00:26:35,760 Speaker 1: and then this, I mean, I agree with Zych It's 414 00:26:35,800 --> 00:26:39,600 Speaker 1: just such a defeat for everyone that worked the case. 415 00:26:40,280 --> 00:26:43,200 Speaker 6: And you know, the police officers, they in the very 416 00:26:43,200 --> 00:26:48,400 Speaker 6: beginning believed him. They believe Smullett. They actually were stopping 417 00:26:49,880 --> 00:26:53,040 Speaker 6: so many people because he had given a description of attackers, 418 00:26:53,080 --> 00:26:57,159 Speaker 6: so they were questioning everybody in town. They were going 419 00:26:57,240 --> 00:26:59,959 Speaker 6: to find the perpetrators. Little did they know they were 420 00:27:00,080 --> 00:27:01,800 Speaker 6: his two friends that he was hanging out with all 421 00:27:01,840 --> 00:27:04,040 Speaker 6: the time, and he paid to do this. But they 422 00:27:04,119 --> 00:27:07,120 Speaker 6: were very serious about trying to find the suspect. 423 00:27:07,440 --> 00:27:11,679 Speaker 1: Don't you know that prosecutor is besides himself. Take a 424 00:27:11,720 --> 00:27:13,800 Speaker 1: listen to our cut the four. 425 00:27:14,440 --> 00:27:17,960 Speaker 11: This jury worked so hard, and for mister Smollette to 426 00:27:17,960 --> 00:27:21,520 Speaker 11: get up in front of them and lie for hours 427 00:27:21,560 --> 00:27:24,560 Speaker 11: and hours and hours, that. 428 00:27:24,760 --> 00:27:27,120 Speaker 3: Really compounded his misconduct. 429 00:27:27,520 --> 00:27:32,800 Speaker 11: And quite frankly, when I saw that happen in the courtroom, at. 430 00:27:32,800 --> 00:27:35,080 Speaker 3: Least for me as a trial lawyer that. 431 00:27:35,000 --> 00:27:38,760 Speaker 11: Spent my life in the courtroom, we don't expect defendants 432 00:27:38,840 --> 00:27:39,280 Speaker 11: to do that. 433 00:27:39,359 --> 00:27:41,000 Speaker 3: Defendants have a right to go to trial. 434 00:27:41,320 --> 00:27:43,520 Speaker 11: Defendants have a right to argue that their case has 435 00:27:43,520 --> 00:27:46,560 Speaker 11: not been proven beyond a reasonable doubt. But defendants do 436 00:27:46,680 --> 00:27:48,760 Speaker 11: not have the right to go in front of a 437 00:27:48,840 --> 00:27:52,159 Speaker 11: jury and lie under oath. Mister Smollett would not have 438 00:27:52,280 --> 00:27:55,399 Speaker 11: lost this case as he did today unless the jury 439 00:27:55,440 --> 00:27:58,199 Speaker 11: found that he lied to them, And so that was 440 00:27:58,400 --> 00:28:01,560 Speaker 11: something that I was very proud that this jury came 441 00:28:01,600 --> 00:28:04,879 Speaker 11: to the conclusion that he's guilty, and the fact that 442 00:28:04,920 --> 00:28:08,879 Speaker 11: he came up with a completely ridiculous story to explain 443 00:28:08,920 --> 00:28:11,760 Speaker 11: his misconduct did not apparently have an impact on the 444 00:28:11,840 --> 00:28:12,480 Speaker 11: jury's verdict. 445 00:28:12,800 --> 00:28:14,720 Speaker 1: Boy, I'd love to hear what the grs had to 446 00:28:14,720 --> 00:28:18,440 Speaker 1: say today. Take a listen now to ourkud the four 447 00:28:18,840 --> 00:28:19,840 Speaker 1: A Alpha. 448 00:28:20,040 --> 00:28:22,480 Speaker 3: There are two things that I think stuck with the jury. 449 00:28:23,160 --> 00:28:26,359 Speaker 11: Number one, I think my basic argument that it is 450 00:28:26,520 --> 00:28:30,639 Speaker 11: ridiculous to think that Smolette left his apartment on the 451 00:28:30,720 --> 00:28:33,200 Speaker 11: night of January twenty ninth at two o'clock in the 452 00:28:33,240 --> 00:28:36,159 Speaker 11: morning to go buy eggs, and that that's his explanation 453 00:28:36,520 --> 00:28:39,360 Speaker 11: for why he ended up right at that intersection, right 454 00:28:39,360 --> 00:28:41,840 Speaker 11: at two o'clock in the morning that the brother said 455 00:28:42,040 --> 00:28:43,160 Speaker 11: is where he told. 456 00:28:42,920 --> 00:28:44,440 Speaker 3: Them the attacks should take place. 457 00:28:44,680 --> 00:28:47,200 Speaker 11: So the fact that it actually happened that way, I 458 00:28:47,240 --> 00:28:50,880 Speaker 11: think was pretty profound. I also think that sometimes it's 459 00:28:50,880 --> 00:28:56,200 Speaker 11: simple things. He actually rigged that rope, after that rope 460 00:28:56,240 --> 00:28:58,960 Speaker 11: got put on him, I showed the picture to the jury. 461 00:28:59,000 --> 00:29:00,160 Speaker 3: Pictures don't lie. 462 00:29:00,480 --> 00:29:05,000 Speaker 11: Those pictures showed that he actually, after he went through 463 00:29:05,040 --> 00:29:07,959 Speaker 11: this fake attack, wanted to make it look better, and 464 00:29:08,000 --> 00:29:10,440 Speaker 11: he jimmied with the rope to make the noose look 465 00:29:10,480 --> 00:29:13,440 Speaker 11: closer to his throat and rustled around because the rope 466 00:29:13,480 --> 00:29:15,680 Speaker 11: you saw in the courtroom was nice and neat around 467 00:29:15,680 --> 00:29:18,960 Speaker 11: his neck, because old Austin Daryl didn't have time to 468 00:29:19,000 --> 00:29:21,360 Speaker 11: do much with it, because a car came and so 469 00:29:21,520 --> 00:29:22,320 Speaker 11: he ran away. 470 00:29:22,880 --> 00:29:24,520 Speaker 3: He left the rope next to his face. 471 00:29:24,560 --> 00:29:27,360 Speaker 11: Small lut got up put it around his neck, and 472 00:29:27,400 --> 00:29:30,200 Speaker 11: then when it didn't look bad enough, he changed it. 473 00:29:30,240 --> 00:29:31,720 Speaker 11: And I think that impacted the jury. 474 00:29:32,520 --> 00:29:35,360 Speaker 1: I like this terrest check. Is it true that Smolette 475 00:29:35,400 --> 00:29:39,920 Speaker 1: refused to eat? It sounds like a child refusing to eat, 476 00:29:40,040 --> 00:29:43,479 Speaker 1: having a little tantrum. He wouldn't eat behind bars, And 477 00:29:43,520 --> 00:29:47,040 Speaker 1: for Pete's sint, it's the local jail. Anybody ever seen 478 00:29:47,080 --> 00:29:49,840 Speaker 1: Andy and Mayberry? For Pete's sake, when Otis would let 479 00:29:49,880 --> 00:29:53,040 Speaker 1: himself in and out, it's not like he's in the pen. 480 00:29:53,480 --> 00:29:56,680 Speaker 1: He's not in Alcatraz, he's not in mac security in 481 00:29:56,720 --> 00:29:59,360 Speaker 1: the hole. For Pete's sake, he wouldn't eat. 482 00:29:59,320 --> 00:30:03,600 Speaker 6: So claimed that he had given up food for Lent, 483 00:30:04,400 --> 00:30:07,600 Speaker 6: so he was fasting for the entire duration of Lent, 484 00:30:07,720 --> 00:30:11,920 Speaker 6: the forty days of Lent. So he said that he 485 00:30:11,960 --> 00:30:16,120 Speaker 6: gave up food six days before he actually was sentenced 486 00:30:16,120 --> 00:30:18,200 Speaker 6: to jail. So he I guess at this point is 487 00:30:18,240 --> 00:30:20,800 Speaker 6: now not eaten for eleven days, that it was a 488 00:30:20,840 --> 00:30:21,680 Speaker 6: religious thing. 489 00:30:21,800 --> 00:30:25,040 Speaker 1: So he was going to starve for forty days. He 490 00:30:25,200 --> 00:30:27,640 Speaker 1: was not going to eat for forty days, the forty 491 00:30:27,720 --> 00:30:32,000 Speaker 1: days preceding Easter. Do I understand you? Yes, Okay, that's 492 00:30:32,000 --> 00:30:34,600 Speaker 1: a lie. There's no way Jesse Smillette was not going 493 00:30:34,640 --> 00:30:38,120 Speaker 1: to eat for forty days. That's just that's just not true. 494 00:30:38,320 --> 00:30:42,000 Speaker 1: But fine, another lie by Jesse Smilette. And now he's 495 00:30:42,120 --> 00:30:46,000 Speaker 1: dragging Easter into it. Did you hear that, man, Gino, 496 00:30:46,440 --> 00:30:47,760 Speaker 1: he's dragging Easter. 497 00:30:47,600 --> 00:30:49,880 Speaker 10: In Well, the only person I know this fasted for 498 00:30:49,880 --> 00:30:51,280 Speaker 10: forty days was Jesus. 499 00:30:51,720 --> 00:30:55,120 Speaker 1: And just do not do not start on him. Don't 500 00:30:55,160 --> 00:30:57,680 Speaker 1: do not. I don't even want to hear him dragged 501 00:30:57,720 --> 00:31:01,760 Speaker 1: into this conversation for Pete's sake. But I do agree 502 00:31:01,880 --> 00:31:04,120 Speaker 1: that you're right. That's the only person I've ever known 503 00:31:04,640 --> 00:31:09,560 Speaker 1: to starve himself for forty days and forty nights, and 504 00:31:09,680 --> 00:31:14,320 Speaker 1: although he was greatly tempted, he didn't give in small 505 00:31:14,360 --> 00:31:18,760 Speaker 1: atte However, it's still lying through his teeth. So alexis 506 00:31:18,800 --> 00:31:24,000 Speaker 1: terrest shuck. He had nothing but water behind bars, correct, 507 00:31:24,400 --> 00:31:27,640 Speaker 1: the main streets of the Cook County Local Jail, Right, 508 00:31:27,680 --> 00:31:27,920 Speaker 1: it is. 509 00:31:27,960 --> 00:31:30,280 Speaker 6: But the Cook County Jail is not a cush jail. 510 00:31:30,520 --> 00:31:33,440 Speaker 6: It isn't notoriously bad jail. 511 00:31:33,840 --> 00:31:36,680 Speaker 1: You know what do you think jail is? Alexis terrestruck. 512 00:31:36,720 --> 00:31:39,400 Speaker 1: Where are you joining me from Rodeo Drive this morning? 513 00:31:39,680 --> 00:31:42,280 Speaker 6: No, I'm not on Rodeo Drive, but I am in 514 00:31:42,320 --> 00:31:44,200 Speaker 6: Los Angeles. 515 00:31:44,240 --> 00:31:46,160 Speaker 3: But jail is jail. 516 00:31:46,200 --> 00:31:48,960 Speaker 6: But the Cook County Jail is bad as well. It's 517 00:31:49,000 --> 00:31:49,880 Speaker 6: not a nice one. 518 00:31:50,040 --> 00:31:52,360 Speaker 1: Well, it's jail. What do you wanted to be a spot? 519 00:31:52,520 --> 00:31:52,720 Speaker 10: Well? 520 00:31:52,760 --> 00:31:56,400 Speaker 6: I also think that he was getting fairly special treatment, 521 00:31:56,720 --> 00:31:57,200 Speaker 6: but they. 522 00:31:57,360 --> 00:32:00,040 Speaker 1: Said that they Well, you're right about that. Didn't he 523 00:32:00,040 --> 00:32:03,640 Speaker 1: get moved from one place to the next so he 524 00:32:03,680 --> 00:32:06,440 Speaker 1: could be what did he get to the medical ward 525 00:32:06,520 --> 00:32:09,520 Speaker 1: so he could have a different surrounding he was in? 526 00:32:09,920 --> 00:32:12,160 Speaker 1: You know what? Take a listen to hour cut see 527 00:32:12,160 --> 00:32:14,760 Speaker 1: this is Leah Hope ABC seven. 528 00:32:14,640 --> 00:32:17,240 Speaker 12: Four days into the one hundred and fifty day sentence. 529 00:32:17,440 --> 00:32:20,920 Speaker 12: Jesse Smollett remains in protective custody at the Cook County Jail, 530 00:32:21,320 --> 00:32:24,400 Speaker 12: and his family remained steadfast in their support of the 531 00:32:24,440 --> 00:32:27,680 Speaker 12: former TV star who was convicted for lying to police 532 00:32:27,960 --> 00:32:29,800 Speaker 12: about a hate crime hoax. 533 00:32:30,480 --> 00:32:34,160 Speaker 3: He's very strong. It's a very angering situation. It's been 534 00:32:34,200 --> 00:32:37,600 Speaker 3: a complete mental marathon for him and my family. But 535 00:32:37,640 --> 00:32:39,120 Speaker 3: he's very strong. He's very focused. 536 00:32:39,440 --> 00:32:42,720 Speaker 12: Smollet's youngest brother visited him yesterday at the jail, where 537 00:32:42,720 --> 00:32:45,920 Speaker 12: Smollett is in a cell by himself and being monitored 538 00:32:46,120 --> 00:32:59,400 Speaker 12: in the medical Way. 539 00:33:01,320 --> 00:33:06,760 Speaker 1: Crime Stories with Nancy Grace. Welcome back, guys. Remember Smolette 540 00:33:06,760 --> 00:33:09,960 Speaker 1: to Chicago police. He was attacked on a dark street 541 00:33:10,040 --> 00:33:15,080 Speaker 1: by two masked strangers that put a noose around his 542 00:33:15,360 --> 00:33:21,240 Speaker 1: neck signifying a lynching of a black male, pouring chemicals 543 00:33:21,320 --> 00:33:27,680 Speaker 1: on him while yelling racist, homophobic slurs. They somehow even 544 00:33:27,720 --> 00:33:31,800 Speaker 1: to work in They somehow even managed to work in 545 00:33:32,800 --> 00:33:36,400 Speaker 1: support for Donald Trump. Well that's quite the kinky dink. 546 00:33:37,600 --> 00:33:40,840 Speaker 1: The brothers who actually testified in court told the jury 547 00:33:40,880 --> 00:33:44,960 Speaker 1: Smullett hired them to fake the attack only because he 548 00:33:45,040 --> 00:33:51,960 Speaker 1: wanted more money and to bolster boost his celebrity profile. 549 00:33:52,960 --> 00:33:56,720 Speaker 1: Smollett later said that in the days before the fake 550 00:33:57,040 --> 00:34:00,760 Speaker 1: race attack, he and the brothers were together, but not 551 00:34:00,840 --> 00:34:04,360 Speaker 1: to rehearse the attack. They were actually just getting high 552 00:34:04,600 --> 00:34:08,920 Speaker 1: on pot. Matthew man Gino, former District Attorney Lawrence County, 553 00:34:09,760 --> 00:34:14,920 Speaker 1: former Parole board member author Executioners, told Matthew, the medical 554 00:34:14,960 --> 00:34:20,400 Speaker 1: wing is a cushy area. You're not in general population. 555 00:34:21,000 --> 00:34:24,280 Speaker 1: There are very few inmates in there. There nurses walking around, 556 00:34:24,600 --> 00:34:28,399 Speaker 1: they're they're measuring your hydration and your pulse and all that. 557 00:34:29,600 --> 00:34:31,759 Speaker 1: Why was he in the medical wing? 558 00:34:32,040 --> 00:34:35,160 Speaker 10: Well, you're right, that's the medical wing is like a 559 00:34:35,239 --> 00:34:40,040 Speaker 10: hospital within a correctional facility. Uh, you know, maybe it's 560 00:34:40,040 --> 00:34:43,040 Speaker 10: because he was starving himself. I don't know. You know 561 00:34:43,080 --> 00:34:46,160 Speaker 10: that that's curious that he would be in the medical 562 00:34:46,160 --> 00:34:51,759 Speaker 10: wing other than his absurd fasting. But again, should he 563 00:34:51,840 --> 00:34:54,280 Speaker 10: even be in jail is the question. 564 00:34:54,480 --> 00:34:57,640 Speaker 1: I believe that the jury decided that, and you're still 565 00:34:57,680 --> 00:34:58,480 Speaker 1: talking about it. 566 00:34:58,560 --> 00:35:01,600 Speaker 10: The jury decided he was guilt, The judge decided that 567 00:35:01,680 --> 00:35:05,600 Speaker 10: he had to go to jail. And again, if you're 568 00:35:05,600 --> 00:35:10,360 Speaker 10: going to look at similar class for felonies in Illinois, 569 00:35:10,520 --> 00:35:11,960 Speaker 10: they they don't involve jail. 570 00:35:12,160 --> 00:35:17,920 Speaker 1: Again again, Matthew Mangino, You keep talking about similar crists, 571 00:35:18,000 --> 00:35:22,600 Speaker 1: but yet you have been unable to name one crime 572 00:35:23,000 --> 00:35:28,640 Speaker 1: that you can specify that is similar to this crime. 573 00:35:29,239 --> 00:35:36,440 Speaker 1: The breadth of his hopes on Lady Justice is beyond 574 00:35:36,880 --> 00:35:42,320 Speaker 1: compare and still lying through his tea as he SIPs 575 00:35:42,360 --> 00:35:46,320 Speaker 1: ice water. Take a listen to our cut e from Fox. 576 00:35:46,800 --> 00:35:49,360 Speaker 13: Jesse Smilette going free, at least for now while he 577 00:35:49,440 --> 00:35:51,279 Speaker 13: tries to get his sentence overturned. 578 00:35:51,760 --> 00:35:53,240 Speaker 3: The appeals court ordered. 579 00:35:53,040 --> 00:35:57,000 Speaker 13: Jesse's released during the appeals process. He will first have 580 00:35:57,080 --> 00:35:58,880 Speaker 13: to post a bond of one hundred and fifty thousand 581 00:35:58,880 --> 00:36:01,680 Speaker 13: dollars before he's left out of Coke County Jail, although 582 00:36:01,680 --> 00:36:05,000 Speaker 13: it's unclear when exactly he'll be able to walk free. 583 00:36:05,400 --> 00:36:09,560 Speaker 13: Jesse started serving his five months last Thursday, and immediately 584 00:36:09,640 --> 00:36:12,719 Speaker 13: after the judge sentenced him, he started shouting that he 585 00:36:12,840 --> 00:36:15,239 Speaker 13: was innocent and raising his fists in the air as 586 00:36:15,239 --> 00:36:18,880 Speaker 13: he was taken out of the court in handcuffs. Tense 587 00:36:18,960 --> 00:36:22,640 Speaker 13: moments inside of the courtroom in this video, his defense 588 00:36:22,719 --> 00:36:25,920 Speaker 13: team and his family members never stopped asking for his release, 589 00:36:25,960 --> 00:36:29,680 Speaker 13: claiming that Jesse was in physical harm while behind bars. 590 00:36:30,200 --> 00:36:31,759 Speaker 3: They cited racist and. 591 00:36:31,719 --> 00:36:35,600 Speaker 13: Homophobic threats that they had received, and also said Jesse 592 00:36:35,800 --> 00:36:40,800 Speaker 13: was highly susceptible to contracting COVID nineteen while in jails. 593 00:36:41,600 --> 00:36:49,080 Speaker 1: Really racist and homophobic threats. Again, that second verse same 594 00:36:49,160 --> 00:36:52,400 Speaker 1: as the first Alexis dress check. That's what he claimed 595 00:36:52,440 --> 00:36:54,759 Speaker 1: the first time. For all I know is Smolette from 596 00:36:54,800 --> 00:36:59,560 Speaker 1: the Cook County payphone calling his family. I mean, they're 597 00:36:59,600 --> 00:37:03,160 Speaker 1: tuning up with that again. I mean, if these threats 598 00:37:03,239 --> 00:37:06,160 Speaker 1: were real, it would be different. But they've already been 599 00:37:06,200 --> 00:37:09,280 Speaker 1: proved to be a line, which doesn't injustice to every 600 00:37:09,320 --> 00:37:12,880 Speaker 1: hate crime victim out there that has been targeted because 601 00:37:12,920 --> 00:37:15,960 Speaker 1: they're black, because they're gay, because they're Asian, because they're 602 00:37:15,960 --> 00:37:20,280 Speaker 1: a woman, because they're filling the blank hate hate because 603 00:37:20,280 --> 00:37:25,680 Speaker 1: of who you are, and they're praying on that again. 604 00:37:26,360 --> 00:37:30,720 Speaker 6: You know, prinaters that are incarcerated complain all the time 605 00:37:30,880 --> 00:37:33,879 Speaker 6: about how they have so little access to the outside world. 606 00:37:33,880 --> 00:37:35,560 Speaker 6: It's very extensive to make a phone call. 607 00:37:35,680 --> 00:37:39,520 Speaker 1: The calls are collect number one, but go ahead. 608 00:37:39,680 --> 00:37:43,960 Speaker 6: And so the fact that they're saying after five days 609 00:37:44,000 --> 00:37:49,040 Speaker 6: that social media Twitter Instagram is affecting how Jesse is 610 00:37:49,360 --> 00:37:53,000 Speaker 6: mister Smollett is being treated behind bars doesn't compute. It 611 00:37:53,120 --> 00:37:55,239 Speaker 6: just doesn't make sense that they think people who are 612 00:37:55,239 --> 00:37:58,360 Speaker 6: saying things about him on social media would then somehow 613 00:37:58,400 --> 00:38:03,160 Speaker 6: affect people behind bars. If that information has infiltrated, you know, 614 00:38:03,280 --> 00:38:06,800 Speaker 6: some sort of scary group behind bars, it's going to 615 00:38:06,840 --> 00:38:10,160 Speaker 6: then target Smallett. It defies logic. 616 00:38:10,320 --> 00:38:12,560 Speaker 1: You know, Matthew me and Gino, high profile lawyer is 617 00:38:12,640 --> 00:38:17,400 Speaker 1: joining us. A former district attorney and Lawrence County now author. Matthew, 618 00:38:18,239 --> 00:38:22,919 Speaker 1: how many times as one of your clients gotten an 619 00:38:23,000 --> 00:38:27,840 Speaker 1: appeal bond, which means after you're convicted at trial, typically 620 00:38:27,880 --> 00:38:31,399 Speaker 1: by a jury, the judges, oh, you know what, Never 621 00:38:31,440 --> 00:38:33,680 Speaker 1: mind about that conviction thing, You're going to walk free 622 00:38:33,760 --> 00:38:39,239 Speaker 1: to an appeals court, for instance, the Illinois Supreme Court 623 00:38:39,680 --> 00:38:43,040 Speaker 1: rules on your case, and then after they rule, maybe 624 00:38:43,040 --> 00:38:46,600 Speaker 1: you can appeal it on up to the Circuit Court 625 00:38:46,640 --> 00:38:48,839 Speaker 1: of Appeals and after that, hey, maybe you can take 626 00:38:48,880 --> 00:38:50,799 Speaker 1: it all the way to the US Supreme Court. You 627 00:38:50,880 --> 00:38:52,759 Speaker 1: just don't know how far this appeal is going to go. 628 00:38:53,120 --> 00:38:55,880 Speaker 1: But the whole time you can stay out behind bars. 629 00:38:56,000 --> 00:38:57,680 Speaker 1: I mean, why even have a jury trial? 630 00:38:57,880 --> 00:39:02,760 Speaker 10: Well, to answer your question, you know, it's not entirely 631 00:39:02,960 --> 00:39:05,360 Speaker 10: unusual to get an appeal bond. 632 00:39:05,400 --> 00:39:06,880 Speaker 1: How many you had, Well. 633 00:39:06,680 --> 00:39:11,279 Speaker 10: I'm just just let me finish. It's not entirely unusual 634 00:39:11,480 --> 00:39:14,760 Speaker 10: to get one from a trial judge who heard the case, 635 00:39:15,120 --> 00:39:18,000 Speaker 10: who thinks that maybe you have an appeal that has 636 00:39:18,040 --> 00:39:22,160 Speaker 10: some merit to it, based on him having observed the trial. 637 00:39:22,719 --> 00:39:25,680 Speaker 10: So you know, he made grant that. It is unusual 638 00:39:25,920 --> 00:39:28,759 Speaker 10: to within five days at least in my experience, to 639 00:39:28,840 --> 00:39:33,360 Speaker 10: have an appellate court intervene and say this person should 640 00:39:33,400 --> 00:39:37,720 Speaker 10: have an appeal bond over the denial of the trial judge. 641 00:39:37,760 --> 00:39:42,080 Speaker 10: That's unusual. I can't say that I've ever seen that. 642 00:39:42,120 --> 00:39:44,600 Speaker 1: Can I ask you a question? Yeah, how many times 643 00:39:45,320 --> 00:39:49,000 Speaker 1: as a prosecutor did you get a conviction on a 644 00:39:49,040 --> 00:39:52,000 Speaker 1: case and then that person get out on an appeal bond? 645 00:39:53,280 --> 00:39:56,640 Speaker 10: It's rare because I never. 646 00:39:56,440 --> 00:39:58,720 Speaker 1: Had it happen to me as the prosecutor. Not once. 647 00:39:59,120 --> 00:40:01,719 Speaker 1: Did one person that I took a trial and there's 648 00:40:01,719 --> 00:40:05,319 Speaker 1: the commission get out while they appealed the conviction. That 649 00:40:05,400 --> 00:40:09,120 Speaker 1: never happened. And that was ten solid years of inter 650 00:40:09,239 --> 00:40:10,680 Speaker 1: city Atlanta high crime. 651 00:40:10,840 --> 00:40:13,520 Speaker 10: I mean, I don't disagree with you, so never never, 652 00:40:13,600 --> 00:40:16,000 Speaker 10: and you're here. But if you have it, if you 653 00:40:16,000 --> 00:40:17,080 Speaker 10: have a you're not answering. 654 00:40:17,120 --> 00:40:19,759 Speaker 1: I'm sorry, Matthew Man. You know you're not answering. How 655 00:40:19,800 --> 00:40:23,080 Speaker 1: often did that ever happen to you? Did it ever happen? 656 00:40:23,120 --> 00:40:27,920 Speaker 10: I would say sometimes maybe in eight years or a judge, 657 00:40:28,080 --> 00:40:31,480 Speaker 10: a judge granted and at pilbond when in fact. 658 00:40:31,200 --> 00:40:33,680 Speaker 1: That's one of your cases. I didn't hear the number. 659 00:40:34,080 --> 00:40:36,959 Speaker 10: I say a couple you know, the district attorney. Every 660 00:40:36,960 --> 00:40:40,680 Speaker 10: case was mine. So I say a couple of times 661 00:40:40,680 --> 00:40:41,520 Speaker 10: it's happened, all. 662 00:40:41,480 --> 00:40:44,680 Speaker 1: Right, I've never had it happen. Who's jumping in? Is 663 00:40:44,680 --> 00:40:45,239 Speaker 1: that Paul's I? 664 00:40:46,000 --> 00:40:47,800 Speaker 4: Yeah, Nance, I'd just like to make a quick comment, 665 00:40:47,840 --> 00:40:49,440 Speaker 4: and that is, you know, when you look at this 666 00:40:49,480 --> 00:40:51,239 Speaker 4: from the flip side, let's just say he would have 667 00:40:51,239 --> 00:40:55,439 Speaker 4: been successful. Let's say that that the his plot would 668 00:40:55,440 --> 00:40:59,960 Speaker 4: not have been discovered. He essentially would be setting up 669 00:41:00,719 --> 00:41:04,040 Speaker 4: one or two or more people to spend you know, 670 00:41:04,120 --> 00:41:09,280 Speaker 4: a decade or two behind bars just to promote his career. 671 00:41:09,840 --> 00:41:13,360 Speaker 4: And that angle is not really being thought of in 672 00:41:13,440 --> 00:41:16,160 Speaker 4: this Yeah, he lied, Yes he wasted a lot of time, 673 00:41:16,239 --> 00:41:20,160 Speaker 4: Yes he had a lot of resources diverted to him. 674 00:41:20,200 --> 00:41:23,799 Speaker 4: But if his end game would have happened, the perversion 675 00:41:23,880 --> 00:41:27,399 Speaker 4: of justice would have been unimaginable. 676 00:41:27,960 --> 00:41:30,319 Speaker 1: You know, you're right. Those Sadari brothers could have gone 677 00:41:30,360 --> 00:41:34,799 Speaker 1: down for years on end for a hate crime for 678 00:41:34,880 --> 00:41:38,560 Speaker 1: throwning bleach on small At, for beating him up, for 679 00:41:38,680 --> 00:41:41,879 Speaker 1: attacking him, and then putting a noose around his neck. 680 00:41:42,040 --> 00:41:46,800 Speaker 1: Doctor Sherry Schwartz, what exactly is a pathological liar? 681 00:41:47,200 --> 00:41:51,520 Speaker 9: Well, this is somebody who I mean to put it 682 00:41:51,600 --> 00:41:55,440 Speaker 9: really simply, if their lips are moving, they're lying. That's 683 00:41:55,440 --> 00:41:59,280 Speaker 9: how you can think about them, because the lies literally 684 00:41:59,440 --> 00:42:01,719 Speaker 9: just come out out of their mouths with great deal 685 00:42:01,760 --> 00:42:05,560 Speaker 9: of ease. Research on pathological liars shows that, you know, 686 00:42:05,600 --> 00:42:10,200 Speaker 9: if they're hooked up to like an EKG right to 687 00:42:10,320 --> 00:42:13,760 Speaker 9: check their pulse and things like that, that they lie 688 00:42:14,080 --> 00:42:17,320 Speaker 9: and they really don't experience that same kind of physical 689 00:42:17,320 --> 00:42:20,360 Speaker 9: reaction that somebody who's telling a lie that doesn't normally 690 00:42:20,400 --> 00:42:24,560 Speaker 9: lie would, like anxiety and things like that, heightened arousal. 691 00:42:25,120 --> 00:42:28,279 Speaker 9: They just lie for the sake of lying. 692 00:42:29,200 --> 00:42:33,840 Speaker 1: Lie for the sake of lying. To Alexis Terrestia Crime 693 00:42:33,840 --> 00:42:40,000 Speaker 1: online dot Com investigative reporter Smallest Lawyers filed what we 694 00:42:40,120 --> 00:42:45,400 Speaker 1: call an emergency motion, claiming that if he stayed in jail, 695 00:42:46,680 --> 00:42:50,400 Speaker 1: he would have a physical threat even though he was 696 00:42:50,440 --> 00:42:57,239 Speaker 1: being held in protective custody. What are the grounds on 697 00:42:57,400 --> 00:43:00,880 Speaker 1: which his defense lawyers argued he should be out on 698 00:43:01,080 --> 00:43:01,800 Speaker 1: appeal bond. 699 00:43:02,120 --> 00:43:03,960 Speaker 6: Well, that is what they say. They say that he 700 00:43:04,200 --> 00:43:07,120 Speaker 6: is in danger of being threatened by people. But they 701 00:43:07,320 --> 00:43:12,080 Speaker 6: also said, look, this appeal could take months and months, 702 00:43:12,120 --> 00:43:15,239 Speaker 6: a much much longer than one hundred and fifty days 703 00:43:15,239 --> 00:43:18,120 Speaker 6: that our client has been sentenced to jail. So if 704 00:43:18,120 --> 00:43:20,760 Speaker 6: in the very end, you know, one year from now, 705 00:43:20,800 --> 00:43:24,280 Speaker 6: his appeal is granted and his conviction is a returned, 706 00:43:24,280 --> 00:43:28,240 Speaker 6: he will have already served that time and you can't 707 00:43:28,440 --> 00:43:29,279 Speaker 6: take that back. 708 00:43:29,360 --> 00:43:29,960 Speaker 10: You can't. 709 00:43:30,320 --> 00:43:34,319 Speaker 6: There's no way to fix that. You serve time that 710 00:43:34,360 --> 00:43:37,040 Speaker 6: you weren't supposed to ultimately serve. So that is what 711 00:43:37,200 --> 00:43:40,000 Speaker 6: they argued. That the appeal would take longer than the 712 00:43:40,040 --> 00:43:44,520 Speaker 6: sentence would, so he should be out on bond during 713 00:43:44,560 --> 00:43:47,080 Speaker 6: that time. And in fact, they imposed one on him 714 00:43:47,160 --> 00:43:50,560 Speaker 6: one hundred and fifty thousand dollars, and they said, but 715 00:43:51,360 --> 00:43:52,719 Speaker 6: you don't have to pay that upfront, but if he 716 00:43:52,760 --> 00:43:55,360 Speaker 6: misses any more court cases, he's got to pay that. 717 00:43:56,719 --> 00:43:58,920 Speaker 6: So many allowances made for them. 718 00:43:59,120 --> 00:44:04,560 Speaker 1: Jesse Mallett now demands a new trial. You know what, 719 00:44:05,520 --> 00:44:08,319 Speaker 1: Be careful what you wish, my dear for, you will 720 00:44:08,400 --> 00:44:11,520 Speaker 1: surely get it. A new trial. Could that mean a 721 00:44:11,600 --> 00:44:16,799 Speaker 1: new sentence, A really long sentence. We wait as just 722 00:44:16,840 --> 00:44:19,319 Speaker 1: as unfolds. Goodbye friend,