1 00:00:05,880 --> 00:00:15,560 Speaker 1: Crime stories with Nancy Grace. Hate crimes are a very 2 00:00:16,160 --> 00:00:22,600 Speaker 1: very serious thing. One of the first crimes I ever 3 00:00:22,640 --> 00:00:25,680 Speaker 1: worked on a case I argued all the way to 4 00:00:25,720 --> 00:00:32,240 Speaker 1: the Georgia Supreme Court, were hate crimes on black gay 5 00:00:32,400 --> 00:00:37,240 Speaker 1: males across the city of Atlanta. I'm not talking about 6 00:00:37,240 --> 00:00:40,960 Speaker 1: Wayne Williams. This is a whole another set of crimes 7 00:00:41,520 --> 00:00:47,960 Speaker 1: where young black males that were gay were sex assaulted, raped, 8 00:00:48,479 --> 00:00:53,479 Speaker 1: and then shot in the back of the head. That 9 00:00:53,640 --> 00:00:58,320 Speaker 1: was a very very difficult case to prove, no witnesses, 10 00:01:00,200 --> 00:01:05,600 Speaker 1: the caliber of the weapon did not have any DNA. 11 00:01:06,360 --> 00:01:09,800 Speaker 1: Long story short, it was hard, hard fought, and hard 12 00:01:09,840 --> 00:01:15,240 Speaker 1: fought on appeal, and the conviction held. So when I 13 00:01:15,400 --> 00:01:21,560 Speaker 1: hear about someone faking a hate crime and I think 14 00:01:21,959 --> 00:01:27,760 Speaker 1: about all those young men dead out in fields, behind 15 00:01:27,880 --> 00:01:32,480 Speaker 1: buildings and alleys with a bullet in their head, I 16 00:01:32,520 --> 00:01:36,840 Speaker 1: don't like it. I want you to listen to this 17 00:01:37,400 --> 00:01:42,360 Speaker 1: our cut a from the Today's show, not suicidal And 18 00:01:42,480 --> 00:01:45,080 Speaker 1: if I could have said that, I was guilty a 19 00:01:45,120 --> 00:01:48,320 Speaker 1: long time ago. Even after a Cook County judge sentenced 20 00:01:48,400 --> 00:01:51,080 Speaker 1: Jesse Smilette to one hundred and fifty days in jail, 21 00:01:51,360 --> 00:01:55,560 Speaker 1: the disgraced actor turned convicted felon Sticky to his story. 22 00:01:55,840 --> 00:01:57,639 Speaker 1: If I did this, and it means that I stuck 23 00:01:57,720 --> 00:02:00,360 Speaker 1: my fist in the fears of black and bears in 24 00:02:00,360 --> 00:02:02,840 Speaker 1: this country for over four hundred years, the former empire 25 00:02:02,920 --> 00:02:07,480 Speaker 1: stars unwavering claim of innocence, ultimately his undoing. You committed 26 00:02:07,720 --> 00:02:12,399 Speaker 1: hour upon hour upon hour of pure perjury. Judge James 27 00:02:12,520 --> 00:02:16,280 Speaker 1: Lynn sentencing Smolett to thirty months felony probation, including that 28 00:02:16,360 --> 00:02:19,240 Speaker 1: jail time, ordering he paid more than one hundred twenty 29 00:02:19,320 --> 00:02:22,480 Speaker 1: thousand dollars in restitution to the City of Chicago and 30 00:02:22,680 --> 00:02:26,960 Speaker 1: pay the maximum fine twenty five thousand dollars. You've turned 31 00:02:26,960 --> 00:02:31,639 Speaker 1: your life upside down by your misconduct and shenanigans. You've 32 00:02:31,680 --> 00:02:34,280 Speaker 1: destroyed your life as you knew it as a defiant 33 00:02:34,320 --> 00:02:38,119 Speaker 1: Smilette was taken into custody last night, his family blasting 34 00:02:38,160 --> 00:02:40,720 Speaker 1: the judge's decision. He's the reason why folks aren't going 35 00:02:40,760 --> 00:02:42,880 Speaker 1: to report hate crimes. They're the reason why folks aren't 36 00:02:42,880 --> 00:02:47,160 Speaker 1: going to report hate crimes. Okay, you heard Jesse Smilett 37 00:02:47,560 --> 00:02:51,200 Speaker 1: going down, swinging, lying through his teeth till the end, 38 00:02:51,320 --> 00:02:56,440 Speaker 1: and in the last hours a stunning twist. Jesse Smilett, 39 00:02:56,680 --> 00:03:02,520 Speaker 1: the former star of the hit series Empire, has been 40 00:03:02,560 --> 00:03:08,960 Speaker 1: released from jail. Yeah, and when you hear that reporter 41 00:03:09,120 --> 00:03:15,320 Speaker 1: going on and on about thirty months felony probation, probation, 42 00:03:15,600 --> 00:03:18,680 Speaker 1: that means you're not in jail. This guy, after all 43 00:03:18,919 --> 00:03:24,200 Speaker 1: he put everyone through, after the disservice he did to 44 00:03:24,440 --> 00:03:29,240 Speaker 1: real crime victims, He's gonna do about five days behind bars. 45 00:03:31,040 --> 00:03:33,760 Speaker 1: He got since to one hundred and fifty days and 46 00:03:33,840 --> 00:03:39,000 Speaker 1: now he's done about five days. Why because he refused 47 00:03:39,040 --> 00:03:42,880 Speaker 1: to eat and drink ice water behind bars, so he 48 00:03:42,920 --> 00:03:45,600 Speaker 1: walks free. Everybody in the Fulton County jail is going 49 00:03:45,680 --> 00:03:47,440 Speaker 1: to go on an ice water diet and walk free. 50 00:03:47,480 --> 00:03:50,200 Speaker 1: I guess. I mean it's he Grace. This is Crime Stories. 51 00:03:50,400 --> 00:03:52,800 Speaker 1: Thank you for being with us here at Fox Nation. 52 00:03:52,880 --> 00:03:57,000 Speaker 1: In Serious XM one eleven, yet another travesty in the 53 00:03:57,080 --> 00:04:00,320 Speaker 1: Jesse Smollett case with me an all star panel. Human 54 00:04:00,360 --> 00:04:05,160 Speaker 1: Geno former District Attorney Lawrence County, former Parole Board member, 55 00:04:05,240 --> 00:04:10,640 Speaker 1: author Executioner's Toll Dotor. Sherry Schwartz, forensic psychologists specializing in 56 00:04:10,760 --> 00:04:15,000 Speaker 1: capital crimes. Author of Criminal Behavior and Where Law and 57 00:04:15,160 --> 00:04:19,600 Speaker 1: Psychology intersect. Paul Zite, former police commander who I can't 58 00:04:19,600 --> 00:04:22,160 Speaker 1: wait to hear what he's gonna say. Author of Stop 59 00:04:22,360 --> 00:04:26,000 Speaker 1: Him From Killing Them on Amazon Kendall, but first to 60 00:04:26,080 --> 00:04:30,800 Speaker 1: Alexis Restaurant Crime Online dot Com investigative reporter Alexis. You know, 61 00:04:31,560 --> 00:04:34,800 Speaker 1: the whole thing goes all the way back to his 62 00:04:35,040 --> 00:04:40,440 Speaker 1: ridiculous claims of a hate crime perpetrated upon him because 63 00:04:40,480 --> 00:04:43,800 Speaker 1: he I guess his main thing was that he was 64 00:04:43,920 --> 00:04:47,440 Speaker 1: gay or because he was black. It was a mixture. 65 00:04:47,960 --> 00:04:51,800 Speaker 1: When he went out for a three am subway run. 66 00:04:54,360 --> 00:04:57,360 Speaker 1: How in the hay has Smlette gotten out after just 67 00:04:57,400 --> 00:05:01,440 Speaker 1: a few days. So the judge spent almost an hour 68 00:05:01,720 --> 00:05:04,240 Speaker 1: telling him all of the reasons why he was putting 69 00:05:04,279 --> 00:05:07,000 Speaker 1: him behind bars. The reasons was he was found guilty 70 00:05:07,080 --> 00:05:10,599 Speaker 1: of five falony accounts of disorderly conduct for lying to 71 00:05:10,720 --> 00:05:13,360 Speaker 1: police about to take crime. He says that he was 72 00:05:13,440 --> 00:05:16,279 Speaker 1: attacked at two o'clock in the morning in Chicago, in 73 00:05:16,360 --> 00:05:20,160 Speaker 1: the dead of winter, absolutely sub freezing weather. Two men, 74 00:05:20,520 --> 00:05:24,080 Speaker 1: he claimed, wearing red hats that said make America great Again, 75 00:05:24,200 --> 00:05:27,320 Speaker 1: MAGA hats. He blamed this on Trump, said they attacked 76 00:05:27,400 --> 00:05:29,320 Speaker 1: him and said this is Trump country and beat him 77 00:05:29,400 --> 00:05:31,360 Speaker 1: up and tried to hang him by putting a new 78 00:05:31,400 --> 00:05:35,520 Speaker 1: sober ahead. The jury said this was a big fat 79 00:05:35,600 --> 00:05:39,200 Speaker 1: lie and found him guilty of lying. So the judge 80 00:05:39,200 --> 00:05:43,000 Speaker 1: sentences him to jail. He appeals, well, he first asked 81 00:05:43,000 --> 00:05:44,839 Speaker 1: the judge cannot have an appeal. The judge says, no, 82 00:05:44,960 --> 00:05:48,600 Speaker 1: you're going right to jail. Goes to jail. His lawyers 83 00:05:48,600 --> 00:05:51,760 Speaker 1: file a claim with the appellate court and say he 84 00:05:51,880 --> 00:05:55,919 Speaker 1: has been sentenced to only five months in jail, only 85 00:05:55,960 --> 00:05:59,000 Speaker 1: five months. We want to appeal this. We're going to 86 00:05:59,080 --> 00:06:02,799 Speaker 1: drag this appeal a lot longer than five months. So 87 00:06:02,960 --> 00:06:05,440 Speaker 1: if you keep our client in for the whole five 88 00:06:05,480 --> 00:06:08,160 Speaker 1: months and then when it's done the appeal court overturned 89 00:06:08,160 --> 00:06:11,560 Speaker 1: the conviction, he will have unnecessarily served this time. I 90 00:06:11,600 --> 00:06:18,279 Speaker 1: don't care. Bobas jail Jesse Smollett hate crime faker walks 91 00:06:18,279 --> 00:06:22,040 Speaker 1: out of jail after a release serving less than a 92 00:06:22,120 --> 00:06:26,600 Speaker 1: week of just one hundred and fifty days. Hey, does 93 00:06:26,680 --> 00:06:32,080 Speaker 1: everybody remember when Paris Hilton went to jail and she 94 00:06:32,360 --> 00:06:34,440 Speaker 1: was gonna do what she got, like a six month 95 00:06:34,480 --> 00:06:39,400 Speaker 1: sentence something like that. She did three weeks, maybe because 96 00:06:39,440 --> 00:06:43,280 Speaker 1: the jail was over crowded. Was that Nicole Ritchie one 97 00:06:43,320 --> 00:06:47,479 Speaker 1: of them, and it was high drama. And the bottom 98 00:06:47,480 --> 00:06:49,520 Speaker 1: line is when you have a sentence like one hundred 99 00:06:49,520 --> 00:06:53,440 Speaker 1: and fifty days, you're gonna get out really quickly anyway. 100 00:06:54,279 --> 00:06:58,480 Speaker 1: But to petition the court to get out early after 101 00:06:58,600 --> 00:07:01,159 Speaker 1: what has gone down take a list of our cut 102 00:07:01,160 --> 00:07:07,839 Speaker 1: twenty nine. Our friend Patrick Eldwood wign Almost three years 103 00:07:07,880 --> 00:07:11,560 Speaker 1: after he reported being attacked amid homophobic and racial slurs, 104 00:07:11,920 --> 00:07:15,760 Speaker 1: Actor Jesse Smolett took the stand in his own defense today. 105 00:07:16,240 --> 00:07:20,280 Speaker 1: While being questioned by his attorney, Smolett described the early 106 00:07:20,360 --> 00:07:23,280 Speaker 1: morning incident, saying he had gone out to Walgreen's to 107 00:07:23,360 --> 00:07:25,920 Speaker 1: buy eggs, but it was closed, so he opted for 108 00:07:26,000 --> 00:07:29,600 Speaker 1: a subway sandwich store instead. On his way home, Smolette 109 00:07:29,600 --> 00:07:32,400 Speaker 1: says he crossed paths with two men wearing ski masks, 110 00:07:32,680 --> 00:07:36,120 Speaker 1: with one of them yelling racial and homophobic slurs and 111 00:07:36,240 --> 00:07:39,520 Speaker 1: saying he was in Maga country while recognizing him as 112 00:07:39,560 --> 00:07:43,760 Speaker 1: an actor on the TV show Empire. Smolett says he 113 00:07:43,800 --> 00:07:47,000 Speaker 1: threw a punch in his defense but doesn't know if 114 00:07:47,040 --> 00:07:49,960 Speaker 1: it landed. He fell to the ground and was kicked. 115 00:07:50,360 --> 00:07:53,560 Speaker 1: He testified that after the attack, he didn't even know 116 00:07:53,640 --> 00:07:56,840 Speaker 1: there was a noose around his neck because quote, I 117 00:07:56,920 --> 00:08:01,520 Speaker 1: was getting my ass whooped unquote, but yet there were 118 00:08:01,560 --> 00:08:04,440 Speaker 1: no injuries. He had a tiny little cut right there, 119 00:08:05,080 --> 00:08:07,040 Speaker 1: and I don't know how many patriots he took of it. 120 00:08:07,280 --> 00:08:09,920 Speaker 1: Now take a listen to our cut thirty three our 121 00:08:09,960 --> 00:08:14,080 Speaker 1: friend Charlie DeMar CBS and Chicago. The actor also told 122 00:08:14,080 --> 00:08:16,920 Speaker 1: the jury that he would do drugs with Abel Osendaro 123 00:08:17,120 --> 00:08:20,080 Speaker 1: and the two had a physical relationship. He said during 124 00:08:20,080 --> 00:08:24,440 Speaker 1: a bathhouse encounter, there was some touching. Abel denies those claims. 125 00:08:24,920 --> 00:08:27,360 Speaker 1: I'm ready to do what I gotta do. It's likely 126 00:08:27,400 --> 00:08:29,920 Speaker 1: that the case will hinge on whether the jury believes 127 00:08:29,920 --> 00:08:34,200 Speaker 1: Smolette or brothers Abel and Ola Osandaro, who testified Smilette 128 00:08:34,200 --> 00:08:37,600 Speaker 1: paid them to fake the attack. Right, let me understand something, 129 00:08:37,840 --> 00:08:42,960 Speaker 1: Alexa's terres shut The payment was tracked down. Wasn't it 130 00:08:43,000 --> 00:08:47,040 Speaker 1: a check? The payment was tracked down. And he tried 131 00:08:47,080 --> 00:08:49,680 Speaker 1: to tell the jury that these two guys that he 132 00:08:49,760 --> 00:08:52,040 Speaker 1: did drugs with, that he went to a bathhouse with, 133 00:08:52,200 --> 00:08:57,200 Speaker 1: that he allegedly had romantic attachment with sex with, they're 134 00:08:57,200 --> 00:09:00,280 Speaker 1: the ones that attacked him, and they're attacked him, and 135 00:09:00,280 --> 00:09:02,560 Speaker 1: they're the ones he couldn't identify. No, wonder the jury 136 00:09:02,559 --> 00:09:05,400 Speaker 1: didn't believe him exactly. These are guys that he's been 137 00:09:05,440 --> 00:09:08,200 Speaker 1: friends with for years, and in fact they were known 138 00:09:08,240 --> 00:09:12,040 Speaker 1: to people on the set of Empire. They are personal trainers. 139 00:09:12,080 --> 00:09:16,440 Speaker 1: But he wrote them a check, an absolute paper trill, 140 00:09:16,640 --> 00:09:19,400 Speaker 1: undeniable paper trill, even though he says it was for 141 00:09:19,480 --> 00:09:22,439 Speaker 1: something else made, maybe drugs or maybe anything else he 142 00:09:22,480 --> 00:09:25,960 Speaker 1: can't really remember. Awesome, he doesn't care because these two 143 00:09:26,160 --> 00:09:27,520 Speaker 1: he doesn't even know if they were the ones that 144 00:09:27,559 --> 00:09:30,960 Speaker 1: attacked him, even though they were caught on video. I 145 00:09:31,000 --> 00:09:33,120 Speaker 1: think we need a shrink, and we need one pretty 146 00:09:33,200 --> 00:09:35,920 Speaker 1: quickly for those of you just joining us. And a 147 00:09:36,080 --> 00:09:42,400 Speaker 1: bombshell turn of events, hate crime faker Empire star Jesse 148 00:09:42,600 --> 00:09:48,080 Speaker 1: Smilette has walked out of jail after about five days 149 00:09:48,200 --> 00:09:51,960 Speaker 1: on one hundred and fifty day conviction, straight out to 150 00:09:52,000 --> 00:09:56,680 Speaker 1: doctor Sherry Schwartz. Forensic psychologists joining us, this guy needs 151 00:09:56,720 --> 00:10:01,280 Speaker 1: a shrink. Well, that does seem to be the consensus, 152 00:10:01,320 --> 00:10:06,840 Speaker 1: at least in the psychological community. Nancy. Anybody who fakes 153 00:10:06,880 --> 00:10:10,600 Speaker 1: something like this an illness a crime, or they fake's injury. 154 00:10:11,240 --> 00:10:13,600 Speaker 1: Um Typically what we start to look at is something 155 00:10:13,640 --> 00:10:19,199 Speaker 1: called factitious disorder. If you think about Munchhausen's by proxy 156 00:10:19,240 --> 00:10:21,880 Speaker 1: when it's when that's done to other people to get 157 00:10:21,920 --> 00:10:24,280 Speaker 1: sympathy for yourself. This is kind of where you do 158 00:10:24,360 --> 00:10:27,559 Speaker 1: it to yourself to get sympathy for yourself. But in 159 00:10:27,600 --> 00:10:31,920 Speaker 1: this case he might also have um, you know, not 160 00:10:32,360 --> 00:10:35,719 Speaker 1: so much a mental health disorder like that where he's 161 00:10:35,800 --> 00:10:39,840 Speaker 1: almost sympathetic. But this might have been for personal gain 162 00:10:39,960 --> 00:10:42,520 Speaker 1: in terms of promoting some movie projects that he was 163 00:10:42,559 --> 00:10:46,360 Speaker 1: working on to get publicity. Oh he got publicity dot 164 00:10:46,480 --> 00:10:48,720 Speaker 1: to Sherry Swartz. Didn't he like this to Reschuck? But 165 00:10:48,800 --> 00:10:51,840 Speaker 1: who's ever going to hire him ever? That's the thing. 166 00:10:51,920 --> 00:10:55,120 Speaker 1: This is his career is absolutely over. Empire was a 167 00:10:55,280 --> 00:10:59,400 Speaker 1: huge che in his career. What about a lady justice 168 00:10:59,600 --> 00:11:03,240 Speaker 1: and peel Bond my rear end, Why do you need 169 00:11:03,280 --> 00:11:06,760 Speaker 1: a jury if you're gonna then give the defendant an 170 00:11:06,800 --> 00:11:11,440 Speaker 1: appeal on what the jury just did? Why did you 171 00:11:11,480 --> 00:11:15,280 Speaker 1: strike a jury? Okay, back back to you, Alexus terrest check. 172 00:11:15,440 --> 00:11:19,079 Speaker 1: I know you're in Hollywood and that's your mindset, and 173 00:11:19,160 --> 00:11:25,320 Speaker 1: my mindset is about how hard I thought to prove convictions, 174 00:11:25,360 --> 00:11:29,520 Speaker 1: to prove cases put a jury through eighteen double l 175 00:11:30,080 --> 00:11:33,800 Speaker 1: missing work, away from your children, away from your home. 176 00:11:33,840 --> 00:11:36,400 Speaker 1: You know, nothing drives me crazier than have to be 177 00:11:36,640 --> 00:11:40,120 Speaker 1: away from the twins and they're in court all day long. 178 00:11:40,200 --> 00:11:42,439 Speaker 1: Listen to this guy, find about how bad he's got. 179 00:11:42,480 --> 00:11:45,480 Speaker 1: How much was he getting paid an episode alexus two 180 00:11:45,559 --> 00:11:49,480 Speaker 1: hundred thousand dollars an episode? An episode? As you hear that? 181 00:11:50,000 --> 00:11:54,120 Speaker 1: Did you hear that? Finding harrying on and he's been 182 00:11:54,200 --> 00:11:56,920 Speaker 1: behind bars? What's five times twenty four? Is that one 183 00:11:57,000 --> 00:12:02,319 Speaker 1: hundred and twenty something? He hasn't even been behind bars 184 00:12:02,600 --> 00:12:08,320 Speaker 1: two hundred hours and he's out. He has walked three 185 00:12:08,400 --> 00:12:11,320 Speaker 1: the if Pellet court has three judges. It was not 186 00:12:11,600 --> 00:12:14,720 Speaker 1: unanimous decision. It was two to one majority rules. And 187 00:12:14,920 --> 00:12:18,160 Speaker 1: he walked out of court at eight pm Chicago time, 188 00:12:19,160 --> 00:12:23,680 Speaker 1: in a whole Hollywood production. Again. You know, Jesse has 189 00:12:23,679 --> 00:12:26,880 Speaker 1: five bodyguards, he has family members, he has defense attorneys, 190 00:12:26,880 --> 00:12:30,080 Speaker 1: the biggest entourage you've ever seen outside of the TV 191 00:12:30,160 --> 00:12:34,400 Speaker 1: show Entourage. It's like everything is a Hollywood production for him. Guys, 192 00:12:34,400 --> 00:12:36,360 Speaker 1: thank us to our cut thirty two. Our friends from 193 00:12:36,440 --> 00:12:42,120 Speaker 1: WT and Smaller testified he resisted calling Chicago police because quote, 194 00:12:42,440 --> 00:12:44,960 Speaker 1: I am a black man in America. I do not 195 00:12:45,080 --> 00:12:50,320 Speaker 1: trust the police unquote. But later he said responding officers 196 00:12:50,520 --> 00:12:54,440 Speaker 1: treated him very well. He testified as a gay black man, 197 00:12:54,520 --> 00:12:57,760 Speaker 1: he felt the incident would emasculate him and heard his 198 00:12:57,840 --> 00:13:02,040 Speaker 1: chances for certain types of future acting roles. Earlier in 199 00:13:02,080 --> 00:13:04,880 Speaker 1: the day, small Att testified he met the Ocean day 200 00:13:04,960 --> 00:13:07,480 Speaker 1: Old Brothers through his job on Empire, and that he 201 00:13:07,520 --> 00:13:10,200 Speaker 1: went to a Chicago bathhouse with one of them where 202 00:13:10,200 --> 00:13:13,920 Speaker 1: they did drugs and made out. Prosecutors say he recruited 203 00:13:13,920 --> 00:13:16,800 Speaker 1: the brothers to stage the attack as a way to 204 00:13:16,920 --> 00:13:20,840 Speaker 1: pump up his career. Smalltt has admitted to paying the 205 00:13:20,920 --> 00:13:23,840 Speaker 1: brothers thirty five hundred dollars, but says that was for 206 00:13:23,920 --> 00:13:44,400 Speaker 1: weight training and diet consultation. Okay, time stories with Nancy Grace. Okay, 207 00:13:44,480 --> 00:13:51,680 Speaker 1: Matthew Nancina attorney, former prosecutor or author, Go ahead, hit me. Well, 208 00:13:52,000 --> 00:13:56,800 Speaker 1: there's no question that you're angry at Jesse small End. 209 00:13:57,000 --> 00:14:00,920 Speaker 1: But I think we have to separate the judges that 210 00:14:01,120 --> 00:14:03,959 Speaker 1: let him go. Yeah, and I understand that as well, 211 00:14:04,000 --> 00:14:06,679 Speaker 1: But but you know you're mad at him, But we 212 00:14:06,720 --> 00:14:09,080 Speaker 1: need to separate the people were mad at from the 213 00:14:09,120 --> 00:14:14,000 Speaker 1: people that were afraid of And uh, why is a four? 214 00:14:14,200 --> 00:14:18,000 Speaker 1: This is a class four felony? Uh? In most cases 215 00:14:18,040 --> 00:14:23,200 Speaker 1: in Illinois this this would be flat probation, no jail time. Um, 216 00:14:23,240 --> 00:14:27,840 Speaker 1: you know, because he's a Hollywood name, Uh, you know, 217 00:14:27,880 --> 00:14:31,200 Speaker 1: should we treat him more harshly than we would typically 218 00:14:31,240 --> 00:14:34,720 Speaker 1: other people who file false reports with the police. Okay, wait, 219 00:14:34,800 --> 00:14:37,720 Speaker 1: who can you name me one person to file the 220 00:14:37,800 --> 00:14:42,360 Speaker 1: false report with police in your jurisdiction that took it 221 00:14:42,480 --> 00:14:46,400 Speaker 1: to a jury trial and claimed he was the victim 222 00:14:46,720 --> 00:14:51,360 Speaker 1: of a racial and homophobic hate crime. Name one, I'm 223 00:14:51,440 --> 00:14:57,160 Speaker 1: sure don't tell me. Yeah, there haven't who did something 224 00:14:57,200 --> 00:15:00,160 Speaker 1: like this. Well, I don't know really of anybody who 225 00:15:00,560 --> 00:15:04,160 Speaker 1: faked their own assault, their own hate crime. Wouldn't do 226 00:15:04,240 --> 00:15:07,160 Speaker 1: that their own hate crime because they don't have anything 227 00:15:07,200 --> 00:15:13,320 Speaker 1: to gain from it. The worst conjuring Matthew Mangino is 228 00:15:13,360 --> 00:15:19,000 Speaker 1: the noose. The noose for a black male to have 229 00:15:19,120 --> 00:15:21,600 Speaker 1: a news put around on his neck and then we 230 00:15:21,760 --> 00:15:24,680 Speaker 1: find out, isn't this right? Alexis RuSHA And feel free 231 00:15:24,680 --> 00:15:26,320 Speaker 1: to correct me if I'm wrong. I'd rather know the 232 00:15:26,360 --> 00:15:30,120 Speaker 1: truth didn't come out that he took the noose off 233 00:15:30,440 --> 00:15:33,360 Speaker 1: and then put it back on so the cops could 234 00:15:33,400 --> 00:15:35,800 Speaker 1: get it and their body cam footage when they came back. 235 00:15:36,040 --> 00:15:39,600 Speaker 1: He is screwing around with one of the violest and 236 00:15:39,680 --> 00:15:43,960 Speaker 1: most hated symbols in our country. What happened to so 237 00:15:44,480 --> 00:15:51,440 Speaker 1: many black males? Awful awful history? And he conjures that 238 00:15:51,800 --> 00:15:55,600 Speaker 1: up like an evil magician and puts it on and 239 00:15:55,680 --> 00:16:00,760 Speaker 1: takes it off for effect. Yes, hell, yes, he ought 240 00:16:00,760 --> 00:16:03,240 Speaker 1: to be in jail. Didn't that what happened? Isn't that 241 00:16:03,320 --> 00:16:08,080 Speaker 1: what happened, Alexa Strescha. It is. And in fact, he 242 00:16:08,400 --> 00:16:11,120 Speaker 1: said that these random attackers put this news on him. 243 00:16:11,520 --> 00:16:15,600 Speaker 1: The brothers were on video at a store buying the rope. 244 00:16:15,920 --> 00:16:20,160 Speaker 1: They didn't do this of their own, This wasn't their ideas. 245 00:16:20,240 --> 00:16:22,640 Speaker 1: They did this because he told them what to buy, 246 00:16:22,960 --> 00:16:25,440 Speaker 1: because this would have made the crime more selection. And 247 00:16:25,520 --> 00:16:30,720 Speaker 1: Matthew Mangino, I mean a renowned lawyer and author, former 248 00:16:30,760 --> 00:16:35,160 Speaker 1: district attorney, now a private lawyer. Matthew Mangino, you're telling 249 00:16:35,200 --> 00:16:37,000 Speaker 1: me that, hey, this happens all the time. They don't 250 00:16:37,000 --> 00:16:40,200 Speaker 1: go to jail, bs, This does not happen all the time. 251 00:16:40,480 --> 00:16:45,560 Speaker 1: To pray on the fears of people all across the country, 252 00:16:45,960 --> 00:16:50,600 Speaker 1: to pray on hatred and injustice, and use it for 253 00:16:50,720 --> 00:16:53,960 Speaker 1: a pr boost to get a raise in your salary. 254 00:16:54,480 --> 00:16:58,480 Speaker 1: Oh no, no, he needs to be in jail. Mangino. Well, again, 255 00:16:59,040 --> 00:17:01,440 Speaker 1: you know we're mad at him, we're angry at him. 256 00:17:01,920 --> 00:17:04,800 Speaker 1: But again, is he is he? Is he a threat 257 00:17:04,840 --> 00:17:08,440 Speaker 1: to the society? Is he? Is he a person who 258 00:17:08,440 --> 00:17:10,760 Speaker 1: we should be afraid of, who's going to be turned 259 00:17:10,840 --> 00:17:13,600 Speaker 1: loose on the streets? I mean, you know, if he 260 00:17:13,760 --> 00:17:17,879 Speaker 1: wasn't a celebrity, we would have heard nothing about this case. Uh, 261 00:17:18,040 --> 00:17:20,200 Speaker 1: you know, the fact that he's a celebrity, the fact 262 00:17:20,280 --> 00:17:23,560 Speaker 1: that he doesn't matter. It doesn't matter. That's the whole 263 00:17:23,560 --> 00:17:27,080 Speaker 1: If between he falls in the forest, does anybody hear it? Yeah, 264 00:17:27,200 --> 00:17:30,480 Speaker 1: it can be heard, even if you're not there. It 265 00:17:30,640 --> 00:17:33,800 Speaker 1: still makes a sound. Whether he's a celebrity or not. 266 00:17:34,000 --> 00:17:38,680 Speaker 1: He did this thing right, And people in similar situations 267 00:17:38,960 --> 00:17:43,760 Speaker 1: who are convicted of class four felonies in Illinois don't 268 00:17:43,800 --> 00:17:46,280 Speaker 1: go to jail. But you haven't been able to name 269 00:17:46,400 --> 00:17:51,080 Speaker 1: another similar situation. Have you another actor who's done something 270 00:17:51,119 --> 00:17:53,000 Speaker 1: like this? No? I don't know if any more than 271 00:17:53,000 --> 00:17:57,919 Speaker 1: anyone anyone that's done something like this prayed on prejudices 272 00:17:58,000 --> 00:18:03,639 Speaker 1: and hate and a whole hateful history of targeting people 273 00:18:05,720 --> 00:18:09,640 Speaker 1: and the worst conjuring of all the news. I mean 274 00:18:10,000 --> 00:18:13,600 Speaker 1: it goes on and on and on. I want to 275 00:18:13,640 --> 00:18:18,560 Speaker 1: go to Paul Zyke, former police commander, author of Stop 276 00:18:18,680 --> 00:18:23,640 Speaker 1: Him From Killing Them on Amazon. Kendall Paul Zyke, what 277 00:18:23,680 --> 00:18:26,639 Speaker 1: do you think? Well, I think you had two dozen 278 00:18:26,960 --> 00:18:34,280 Speaker 1: detectives that engage in three thousand hours plus of investigation 279 00:18:34,880 --> 00:18:39,400 Speaker 1: to bring an offender to justice that did not exist. 280 00:18:39,840 --> 00:18:44,960 Speaker 1: And the fact that the officers were chasing essentially a 281 00:18:45,040 --> 00:18:50,120 Speaker 1: ghost is something they're not equipped really, And you could 282 00:18:50,160 --> 00:18:54,080 Speaker 1: go two careers without finding this exact situation where a 283 00:18:55,080 --> 00:18:59,440 Speaker 1: top flight actor or any sort of high profile individual 284 00:18:59,720 --> 00:19:03,240 Speaker 1: or victims so to speak, would make up an entire 285 00:19:03,359 --> 00:19:06,560 Speaker 1: story and have props and have all these other things 286 00:19:06,600 --> 00:19:10,240 Speaker 1: to make you believe that the that these terrible things 287 00:19:10,240 --> 00:19:14,440 Speaker 1: had happened. Furthermore, it also opens the door for an 288 00:19:14,480 --> 00:19:17,200 Speaker 1: arrest to be made of the wrong people or people 289 00:19:17,200 --> 00:19:20,600 Speaker 1: that never were involved. You know, we're so worried about 290 00:19:20,760 --> 00:19:23,760 Speaker 1: people being in prison. Who have you know, twenty thirty 291 00:19:23,880 --> 00:19:28,000 Speaker 1: years ago didn't do what they were accused of doing. 292 00:19:28,359 --> 00:19:33,480 Speaker 1: This exact setup, this exact paradigm, could have created a 293 00:19:33,600 --> 00:19:37,840 Speaker 1: situation where if they believed him and not these other individuals, 294 00:19:38,080 --> 00:19:41,280 Speaker 1: the people that he hired to commit these crimes. They 295 00:19:41,280 --> 00:19:44,359 Speaker 1: could be in prison for the next twenty years. And 296 00:19:44,560 --> 00:19:47,960 Speaker 1: who's who's looking at that, and not to mention the 297 00:19:48,240 --> 00:19:52,200 Speaker 1: you know, the political motivation behind it all. That's just sickening. 298 00:19:52,680 --> 00:19:56,359 Speaker 1: And it really for me and law enforcement as in 299 00:19:56,480 --> 00:20:01,080 Speaker 1: me as a human being, it is the worst within 300 00:20:01,200 --> 00:20:06,359 Speaker 1: mankind for something like this to happen to be completely false, 301 00:20:06,680 --> 00:20:10,520 Speaker 1: and nobody's really prepared for that. But guess what it happens, 302 00:20:10,560 --> 00:20:15,119 Speaker 1: and it just did you know Paul side as go ahead, 303 00:20:15,160 --> 00:20:18,240 Speaker 1: I'll circle back to side. Go ahead, Yeah, okay, real quick, 304 00:20:18,240 --> 00:20:21,160 Speaker 1: this is this is Matt Means, you know, and again 305 00:20:21,600 --> 00:20:23,800 Speaker 1: you know, I understand that the time that was put 306 00:20:23,840 --> 00:20:27,119 Speaker 1: into his case, but you had twenty five police officers 307 00:20:27,680 --> 00:20:31,600 Speaker 1: investigating a false report to the police there were eight 308 00:20:31,680 --> 00:20:34,840 Speaker 1: hundred homicides. Whoa wait a minute, wait a minute. You 309 00:20:34,920 --> 00:20:38,920 Speaker 1: had all these cops investigating what they believed to be 310 00:20:39,560 --> 00:20:44,440 Speaker 1: a hate crime, an attempt possible attempt to murder, even 311 00:20:44,480 --> 00:20:48,040 Speaker 1: by putting a mist around his neck on a celebrity 312 00:20:48,760 --> 00:20:52,960 Speaker 1: because he's black, because he's gay. That's what they were investigating. 313 00:20:53,119 --> 00:20:57,280 Speaker 1: And then all roads led back to Jesse Smolette, right. 314 00:20:57,640 --> 00:21:00,480 Speaker 1: They found the purple. All right, it was smlette. Let's 315 00:21:00,480 --> 00:21:04,120 Speaker 1: put it in perspective homicides in Chicago, and you've got 316 00:21:04,160 --> 00:21:08,560 Speaker 1: twenty five police officers investigating this. No, you are not 317 00:21:08,720 --> 00:21:12,560 Speaker 1: turning this back around on the cops. They think that 318 00:21:12,800 --> 00:21:17,280 Speaker 1: marveling out there. Wait wait, alexis Tersha. At some point 319 00:21:17,280 --> 00:21:20,880 Speaker 1: did he say that the purps threw bleach on him? Oh, 320 00:21:20,920 --> 00:21:24,880 Speaker 1: dear Lord in heaven. I mean, come on, psych help 321 00:21:24,960 --> 00:21:27,360 Speaker 1: me out here. You hear me and Gino. If you 322 00:21:27,400 --> 00:21:31,160 Speaker 1: believe that there are perps out there that are throwing 323 00:21:31,320 --> 00:21:36,679 Speaker 1: bleach on a victim, on beating them, wrapping a noose 324 00:21:36,840 --> 00:21:41,320 Speaker 1: around their net, taunting them, yeah, you're gonna look for 325 00:21:41,400 --> 00:21:44,000 Speaker 1: the perps. And then the fact that the victims of 326 00:21:44,080 --> 00:21:48,679 Speaker 1: celebrity making this crime high profile, giving your city a 327 00:21:48,840 --> 00:21:52,639 Speaker 1: black eye. Yes, the cops are all over a potential 328 00:21:52,720 --> 00:21:56,560 Speaker 1: hate crime. Because hate doesn't die. That perp will do 329 00:21:56,600 --> 00:22:00,680 Speaker 1: it again and again and release his hate in another way. 330 00:22:01,080 --> 00:22:03,119 Speaker 1: The purp had to be stopped. And you've got me 331 00:22:03,160 --> 00:22:05,600 Speaker 1: in Gino trying to turn this around on a cop. 332 00:22:05,840 --> 00:22:07,919 Speaker 1: So there's that question. But this is what I was 333 00:22:07,920 --> 00:22:12,240 Speaker 1: going to ask you earlier. It makes me think, what's 334 00:22:12,240 --> 00:22:17,320 Speaker 1: it all for why did I beat my brains out 335 00:22:18,600 --> 00:22:23,800 Speaker 1: trying to put bad guys behind bars every day, working 336 00:22:23,920 --> 00:22:27,960 Speaker 1: till three and four in the morning sometimes for this 337 00:22:29,040 --> 00:22:32,439 Speaker 1: for the perp to be let out. How do you 338 00:22:32,480 --> 00:22:35,360 Speaker 1: think those and Dari brothers feel. How do you think 339 00:22:35,400 --> 00:22:40,720 Speaker 1: that gurars feel the cops who stand by and see 340 00:22:40,800 --> 00:22:46,080 Speaker 1: all that work, all that effort for what? What about 341 00:22:46,160 --> 00:22:49,000 Speaker 1: is Zake? Well, here's the thing we talked about those 342 00:22:49,000 --> 00:22:52,440 Speaker 1: twenty four officers, and you can imagine the emotions they're 343 00:22:52,440 --> 00:22:55,760 Speaker 1: going through it. They're pod. I bet they feel defeated. 344 00:22:55,880 --> 00:22:59,440 Speaker 1: Defeated absolutely, they put all that in for nothing. Any 345 00:22:59,440 --> 00:23:02,400 Speaker 1: good cop that's worth their weight, and there's a lot 346 00:23:02,440 --> 00:23:04,639 Speaker 1: of them in this country, by the way, take that 347 00:23:04,720 --> 00:23:09,600 Speaker 1: as a personal insult that somebody in their city could 348 00:23:09,720 --> 00:23:12,520 Speaker 1: possibly be the victim of a hate crime and have 349 00:23:12,640 --> 00:23:16,359 Speaker 1: all these heinous things done to them. Their position is 350 00:23:16,359 --> 00:23:19,200 Speaker 1: going to be, I'm not going home, I'm not going 351 00:23:19,280 --> 00:23:22,240 Speaker 1: to bed until I find the people that did this 352 00:23:22,400 --> 00:23:25,399 Speaker 1: and bring them to justice, not on my watch. And 353 00:23:25,400 --> 00:23:27,560 Speaker 1: to have all that be turned around and be an 354 00:23:27,560 --> 00:23:32,879 Speaker 1: absolute farce and just sham of the criminal justice system, 355 00:23:33,200 --> 00:23:36,880 Speaker 1: those officers, I guarantee you are defeated till they may 356 00:23:36,960 --> 00:23:39,000 Speaker 1: even need counseling at the end of that. I mean, 357 00:23:39,000 --> 00:23:42,160 Speaker 1: when you work that hard. I mean, Alexis terrest Chuck, 358 00:23:42,640 --> 00:23:44,800 Speaker 1: you have been around me when I've been working on 359 00:23:44,880 --> 00:23:47,840 Speaker 1: a case. I live it, I breathed it, I ate it, 360 00:23:47,920 --> 00:23:50,640 Speaker 1: I drink it. That's what I think about until it's solved, 361 00:23:51,080 --> 00:23:56,160 Speaker 1: and that can take days, weeks, months, sometimes longer. And 362 00:23:56,200 --> 00:24:00,280 Speaker 1: when you finally crack a case, it finally as to 363 00:24:00,359 --> 00:24:04,880 Speaker 1: trial and then this, I mean, I agree with zych 364 00:24:05,200 --> 00:24:09,240 Speaker 1: It's just such a defeat for everyone that worked the case. 365 00:24:09,920 --> 00:24:12,840 Speaker 1: And you know, the police officers, they in the very 366 00:24:12,880 --> 00:24:18,040 Speaker 1: beginning believed him. They believe Smollett. They actually were stopping 367 00:24:19,440 --> 00:24:22,720 Speaker 1: so many people because he had given a description as attackers, 368 00:24:22,720 --> 00:24:26,760 Speaker 1: so they were questioning everybody in town. They were going 369 00:24:26,880 --> 00:24:29,760 Speaker 1: to find the perpetrators. Little did they know they were 370 00:24:29,760 --> 00:24:31,479 Speaker 1: his two friends that he was hanging out with all 371 00:24:31,480 --> 00:24:33,720 Speaker 1: the time, that he paid to do this. But they 372 00:24:33,760 --> 00:24:37,560 Speaker 1: were very serious about trying to find the suspect. Don't 373 00:24:37,600 --> 00:24:41,600 Speaker 1: you know that prosecutor is beside himself. Take a listen 374 00:24:41,600 --> 00:24:45,679 Speaker 1: to our cut V four. This jury worked so hard 375 00:24:46,200 --> 00:24:48,399 Speaker 1: and for mister Smollett to get up in front of 376 00:24:48,520 --> 00:24:53,879 Speaker 1: them and lie for hours and hours and hours. That 377 00:24:54,359 --> 00:25:00,160 Speaker 1: really compounded his misconduct. And quite frankly, when I all 378 00:25:00,160 --> 00:25:03,920 Speaker 1: that happened in the courtroom, at least for me as 379 00:25:03,960 --> 00:25:07,080 Speaker 1: a trial lawyer that spent my life in the courtroom, 380 00:25:07,200 --> 00:25:09,720 Speaker 1: we don't expect defendants to do that. Defendants have a 381 00:25:09,800 --> 00:25:12,000 Speaker 1: right to go to trial. Defendants have a right to 382 00:25:12,119 --> 00:25:14,159 Speaker 1: argue that their case has not been proven beyond a 383 00:25:14,160 --> 00:25:17,720 Speaker 1: reasonable doubt. But defendants do not have the right to 384 00:25:17,800 --> 00:25:19,880 Speaker 1: go in front of a jury and lie under oath. 385 00:25:20,480 --> 00:25:23,199 Speaker 1: Mister Smallett would not have lost this case as he 386 00:25:23,240 --> 00:25:26,600 Speaker 1: did today unless the jury found that he lied to them, 387 00:25:26,840 --> 00:25:30,280 Speaker 1: And so that was something that I was very proud 388 00:25:30,400 --> 00:25:33,320 Speaker 1: that this jury came to the conclusion that he's guilty, 389 00:25:33,960 --> 00:25:35,960 Speaker 1: and the fact that he came up with a completely 390 00:25:37,040 --> 00:25:40,760 Speaker 1: ridiculous story to explain his misconduct did not apparently have 391 00:25:40,800 --> 00:25:43,280 Speaker 1: an impact on the jury's verdict. Boy, I'd love to 392 00:25:43,280 --> 00:25:45,840 Speaker 1: hear what the jurards had to say today. Take a 393 00:25:45,840 --> 00:25:49,920 Speaker 1: listen now to our ken me for a alpha. There's 394 00:25:49,920 --> 00:25:53,600 Speaker 1: two things that I think stuck with the jury. Number one, 395 00:25:54,040 --> 00:25:57,000 Speaker 1: I think my basic argument that it is ridiculous to 396 00:25:57,080 --> 00:26:00,679 Speaker 1: think that Smalllett left his apartment on the night of 397 00:26:00,720 --> 00:26:03,320 Speaker 1: January twenty ninth, at two o'clock in the morning to 398 00:26:03,359 --> 00:26:06,560 Speaker 1: go buy eggs, and that that's his explanation for why 399 00:26:06,600 --> 00:26:09,360 Speaker 1: he ended up right at that intersection, right at two 400 00:26:09,359 --> 00:26:12,040 Speaker 1: o'clock in the morning that the brother said is where 401 00:26:12,080 --> 00:26:14,600 Speaker 1: he told them the attack should take place. So the 402 00:26:14,640 --> 00:26:17,320 Speaker 1: fact that it actually happened that way, I think was 403 00:26:17,640 --> 00:26:21,240 Speaker 1: pretty profound. I also think that sometimes it's simple things. 404 00:26:22,000 --> 00:26:26,280 Speaker 1: He actually rigged that rope after that rope got put 405 00:26:26,320 --> 00:26:29,040 Speaker 1: on him. I showed the picture to the jury. Pictures 406 00:26:29,080 --> 00:26:33,520 Speaker 1: don't lie. Those pictures showed that he actually, after he 407 00:26:34,240 --> 00:26:37,240 Speaker 1: went through this fake attack, wanted to make it look better, 408 00:26:37,520 --> 00:26:39,720 Speaker 1: and he jimmied with the rope to make the noose 409 00:26:39,920 --> 00:26:42,520 Speaker 1: look closer to his throat and rustled around him because 410 00:26:42,640 --> 00:26:44,640 Speaker 1: the rope you saw it in the courtroom was nice 411 00:26:44,640 --> 00:26:47,520 Speaker 1: and kneat around his neck because old laws and Daryl 412 00:26:47,800 --> 00:26:49,720 Speaker 1: didn't have time to do much with it, because a 413 00:26:49,800 --> 00:26:53,119 Speaker 1: car came and so he ran away. He left the 414 00:26:53,200 --> 00:26:55,480 Speaker 1: rope next to his face, small lead got up, put 415 00:26:55,480 --> 00:26:58,200 Speaker 1: it around his neck, and then when it didn't look 416 00:26:58,240 --> 00:27:01,000 Speaker 1: bad enough, he changed it, and I think that impacted 417 00:27:01,000 --> 00:27:04,280 Speaker 1: the jury. Alex this terres check. Is it true that 418 00:27:04,400 --> 00:27:09,040 Speaker 1: Smilette refused to eat? It sounds like a child refusing 419 00:27:09,119 --> 00:27:12,959 Speaker 1: to eat, having a little tantrum. He wouldn't eat behind bars, 420 00:27:13,000 --> 00:27:16,479 Speaker 1: and for Pete, say, it's the local jail. Anybody ever 421 00:27:16,520 --> 00:27:19,520 Speaker 1: seen India Mayberry? For Pete's sake, when Otis would let 422 00:27:19,560 --> 00:27:22,680 Speaker 1: himself in and out, it's not like he's in the pen. 423 00:27:23,160 --> 00:27:26,320 Speaker 1: He's not an alcatraz, He's not a max security in 424 00:27:26,359 --> 00:27:29,520 Speaker 1: the hole. For Pete's sake, he wouldn't eat. So he 425 00:27:29,960 --> 00:27:34,240 Speaker 1: claimed that he had given up food for length, So 426 00:27:34,320 --> 00:27:37,440 Speaker 1: he was fasting for the entire duration of length, the 427 00:27:37,520 --> 00:27:41,840 Speaker 1: forty days of length. So he says that he gave 428 00:27:41,920 --> 00:27:45,719 Speaker 1: up food six days before he actually was sent him 429 00:27:45,800 --> 00:27:47,919 Speaker 1: to jail. So he I guess at this point is 430 00:27:47,920 --> 00:27:50,439 Speaker 1: now not eaten for eleven days, that it was a 431 00:27:50,520 --> 00:27:54,560 Speaker 1: religious thing, So he was gonna starve for forty days. 432 00:27:54,640 --> 00:27:57,320 Speaker 1: He was not gonna eat for forty days, the forty 433 00:27:57,400 --> 00:28:01,680 Speaker 1: days preceding Easter. Do I understand you? Yes, Okay, that's 434 00:28:01,680 --> 00:28:04,400 Speaker 1: a lie. There's no way Jesse Smilett was not gonna 435 00:28:04,400 --> 00:28:07,800 Speaker 1: eat for forty days. That's just that's just not true. 436 00:28:08,000 --> 00:28:11,680 Speaker 1: But fine, another light by Jesse Smilett. And now he's 437 00:28:11,760 --> 00:28:15,679 Speaker 1: dragging Easter into it. Did you hear that, man, Gino, 438 00:28:16,080 --> 00:28:18,800 Speaker 1: he's dragging Eastern Well, the only person I know that 439 00:28:18,960 --> 00:28:21,960 Speaker 1: fast is for forty days was Jesus. And just do 440 00:28:22,160 --> 00:28:25,440 Speaker 1: not do not start on him. Don't do not. I 441 00:28:25,440 --> 00:28:28,680 Speaker 1: don't even want to hear him dragged into this conversation 442 00:28:28,760 --> 00:28:32,160 Speaker 1: for Pete's sake. But I do agree that you're right. 443 00:28:32,240 --> 00:28:36,000 Speaker 1: That's the only person I've ever known to starve themselves 444 00:28:36,000 --> 00:28:41,280 Speaker 1: for forty days and forty nights. And although he was 445 00:28:41,400 --> 00:28:45,680 Speaker 1: greatly tempted, he didn't give in. Smolett, however, is still 446 00:28:45,880 --> 00:28:50,920 Speaker 1: lying through his teeth. So alexis rustchuk he had nothing 447 00:28:51,000 --> 00:28:55,400 Speaker 1: but water behind bars, correct the mean streets of the 448 00:28:55,440 --> 00:28:58,080 Speaker 1: Cook County Local Jail, Right, it is, But the Cook 449 00:28:58,120 --> 00:29:00,800 Speaker 1: County Jail is not a cush jail. He doesn't need 450 00:29:01,000 --> 00:29:05,360 Speaker 1: notoriously bad jail. You know what do you think jail is? 451 00:29:05,400 --> 00:29:07,920 Speaker 1: Alexis ter restaurant? Where are you joining me from Rodeo 452 00:29:08,120 --> 00:29:11,560 Speaker 1: Drive this morning? No, I'm not on Rodeo Drive, but 453 00:29:11,600 --> 00:29:15,960 Speaker 1: I am in Los Angeles. But jail and jail. But 454 00:29:16,000 --> 00:29:18,800 Speaker 1: the Cook County jail is bad as well. It's not 455 00:29:18,840 --> 00:29:21,280 Speaker 1: a nice one. Well, it's jail. What do you want 456 00:29:21,280 --> 00:29:23,240 Speaker 1: it to be a spa? Well, I also think that 457 00:29:23,320 --> 00:29:27,400 Speaker 1: he was getting fairly special treatment, but they said that 458 00:29:27,440 --> 00:29:30,600 Speaker 1: they well, you're right about that. Didn't he get moved 459 00:29:31,160 --> 00:29:33,760 Speaker 1: from one place to the next so he could be 460 00:29:34,480 --> 00:29:36,480 Speaker 1: what did he go to the medical ward so he 461 00:29:36,520 --> 00:29:39,920 Speaker 1: could have a different surrounding he was in? You know what? 462 00:29:40,240 --> 00:29:42,680 Speaker 1: Take a less in our cuts. See this is Leah 463 00:29:42,680 --> 00:29:46,000 Speaker 1: Hope ABC seven. Four days into the one hundred and 464 00:29:46,040 --> 00:29:49,680 Speaker 1: fifty days sentence, Jesse Smollett remains in protective custody at 465 00:29:49,680 --> 00:29:53,040 Speaker 1: the Cook County Jail, and his family remained steadfast in 466 00:29:53,080 --> 00:29:56,160 Speaker 1: their support of the former TV star, who was convicted 467 00:29:56,280 --> 00:30:00,360 Speaker 1: for lyne to police about a hate crime hoax. He's 468 00:30:00,480 --> 00:30:03,720 Speaker 1: very strong. Um, it's it's a very angry situation. It's 469 00:30:03,720 --> 00:30:06,080 Speaker 1: been a complete mental marathon for him and my family. 470 00:30:07,160 --> 00:30:09,959 Speaker 1: But he's very strong, he's very focused. He Smalllett's youngest 471 00:30:09,960 --> 00:30:13,160 Speaker 1: brother visited him yesterday at the jail, where Smollett is 472 00:30:13,200 --> 00:30:16,000 Speaker 1: in a cell by himself and being monitored in the 473 00:30:16,040 --> 00:30:36,400 Speaker 1: medical wing. Crime stories with Nancy Grace, let me go 474 00:30:36,480 --> 00:30:41,800 Speaker 1: straight out to Matthew Mangino, a high profile lawyer joining me, Matthew, 475 00:30:42,240 --> 00:30:47,240 Speaker 1: the medical wing is a cushy area. You're not in 476 00:30:47,360 --> 00:30:50,920 Speaker 1: general population. There are very few inmates in there. Their 477 00:30:51,040 --> 00:30:55,360 Speaker 1: nurses walking around, they're they're measuring your hydration and your 478 00:30:55,400 --> 00:31:00,360 Speaker 1: pulse and all that. Why was he in the medical wing, Well, 479 00:31:00,680 --> 00:31:03,160 Speaker 1: you're right, that's the medical wing is is like a 480 00:31:03,240 --> 00:31:08,040 Speaker 1: hospital within a correctional facility. Uh, you know, maybe it's 481 00:31:08,040 --> 00:31:11,040 Speaker 1: because he was starving himself. I don't know. You know 482 00:31:11,080 --> 00:31:14,160 Speaker 1: that that's curious that he would be in the medical 483 00:31:14,200 --> 00:31:19,800 Speaker 1: wing other than his absurd fasting. But again, should he 484 00:31:19,840 --> 00:31:23,400 Speaker 1: even be in jail is the question. I believe that 485 00:31:23,440 --> 00:31:26,480 Speaker 1: the jury decided that, and you're still talking about it. 486 00:31:26,560 --> 00:31:29,600 Speaker 1: The jury decided he was guilty, the judge decided that 487 00:31:29,680 --> 00:31:33,600 Speaker 1: he had to go to jail. And again, if you're 488 00:31:33,600 --> 00:31:38,360 Speaker 1: going to look at similar Class four felonies in Illinois, 489 00:31:38,520 --> 00:31:42,640 Speaker 1: they don't they don't involve jail. Again, again, Matthew Mangino, 490 00:31:43,720 --> 00:31:46,840 Speaker 1: you keep talking about similar crimes, but yet you have 491 00:31:47,040 --> 00:31:53,240 Speaker 1: been unable to name one crime that you can specify 492 00:31:53,280 --> 00:31:59,560 Speaker 1: that is similar to this crime. The breath of his 493 00:32:00,320 --> 00:32:07,840 Speaker 1: hoax on Lady Justice is beyond compare and still lying 494 00:32:08,360 --> 00:32:11,680 Speaker 1: through his tea as he SIPs ice water. Take a 495 00:32:11,720 --> 00:32:16,160 Speaker 1: listen to our cut e from Fox Jesse's Millette going free, 496 00:32:16,160 --> 00:32:18,120 Speaker 1: at least for now while he tries to get his 497 00:32:18,160 --> 00:32:22,400 Speaker 1: sentence overturned. The appeals court ordered Jesse's release during the 498 00:32:22,440 --> 00:32:25,760 Speaker 1: appeals process. He will first have to post a bond 499 00:32:25,760 --> 00:32:28,040 Speaker 1: of one hundred and fifty thousand dollars before he's led 500 00:32:28,080 --> 00:32:31,440 Speaker 1: out of Coke County Jail, although it's unclear when exactly 501 00:32:31,480 --> 00:32:34,640 Speaker 1: he'll be able to walk free. Jesse started serving his 502 00:32:34,760 --> 00:32:38,920 Speaker 1: five months last Thursday, and immediately after the judge sentence him, 503 00:32:39,160 --> 00:32:42,320 Speaker 1: he started shouting that he was innocent and raising his 504 00:32:42,360 --> 00:32:44,680 Speaker 1: fists in the air as he was taken out of 505 00:32:44,720 --> 00:32:48,560 Speaker 1: the court in handcuffs. You can see those tense moments 506 00:32:48,640 --> 00:32:52,120 Speaker 1: inside of the courtroom in this video. His defense team 507 00:32:52,120 --> 00:32:55,080 Speaker 1: and his family members never stopped asking for his release, 508 00:32:55,120 --> 00:32:58,840 Speaker 1: claiming that Jesse was in physical harm while behind bars. 509 00:32:59,320 --> 00:33:03,600 Speaker 1: They cited racist and homophobic threats that they had received, 510 00:33:03,680 --> 00:33:07,719 Speaker 1: and also said Jesse was highly susceptible to contracting COVID 511 00:33:07,800 --> 00:33:11,640 Speaker 1: nineteen while in jail. So that's the latest when it 512 00:33:11,640 --> 00:33:16,760 Speaker 1: comes to the Jesse Smolett saga. Here, really racist and 513 00:33:16,800 --> 00:33:23,400 Speaker 1: homophobic threats again that second verse, same as the first, 514 00:33:23,440 --> 00:33:26,480 Speaker 1: alexis to Rustchuck. That's what he claimed the first time. 515 00:33:26,480 --> 00:33:28,960 Speaker 1: For all I know, it's Smolette from the Cook County 516 00:33:29,000 --> 00:33:33,520 Speaker 1: payphone calling his family. I mean, they're they're they're tuning 517 00:33:33,600 --> 00:33:37,320 Speaker 1: up with that again. I mean, if these threats were real, 518 00:33:38,000 --> 00:33:40,120 Speaker 1: it would be different. But they've already been proved to 519 00:33:40,160 --> 00:33:43,320 Speaker 1: be a line, which doesn't injustice to every hate crime 520 00:33:43,440 --> 00:33:46,960 Speaker 1: victim out there that has been targeted because they're black, 521 00:33:47,040 --> 00:33:49,840 Speaker 1: because they're gay, because they're Asian, because they're a woman, 522 00:33:50,120 --> 00:33:53,880 Speaker 1: because they're Bill on the blink, Hey hey, because of 523 00:33:53,960 --> 00:33:59,160 Speaker 1: who you are, and they're they're praying on that again. 524 00:34:00,320 --> 00:34:04,240 Speaker 1: Printers that are that are incarcerated complain all the time 525 00:34:04,360 --> 00:34:07,400 Speaker 1: about how they have so little access to the outside world. 526 00:34:07,400 --> 00:34:09,720 Speaker 1: It's very extensive to make a phone call. The calls 527 00:34:09,840 --> 00:34:14,960 Speaker 1: are collect number one, but go ahead. And so the 528 00:34:15,040 --> 00:34:18,360 Speaker 1: fact that they're they're saying after five days that social 529 00:34:18,440 --> 00:34:23,560 Speaker 1: media Twitter, Instagram is affecting how Jesse is, mister Smalllett 530 00:34:23,600 --> 00:34:27,120 Speaker 1: is being treated behind bars doesn't compute. It just doesn't 531 00:34:27,120 --> 00:34:29,560 Speaker 1: make sense at Tating people who are saying things about 532 00:34:29,640 --> 00:34:33,400 Speaker 1: him on social media would then somehow affect people behind bars, 533 00:34:33,400 --> 00:34:37,279 Speaker 1: as if that information has infiltrated you know, some sort 534 00:34:37,280 --> 00:34:42,840 Speaker 1: of Gary group behind bars. It's gonna then targett. It 535 00:34:42,960 --> 00:34:46,040 Speaker 1: defies logic, you know. Matthew me Gino, high profile lawyers 536 00:34:46,120 --> 00:34:50,800 Speaker 1: joining us, A former district attorney and Lawrence County now author. Matthew, 537 00:34:51,719 --> 00:34:56,440 Speaker 1: how many times as one of your clients gotten an 538 00:34:56,480 --> 00:35:01,360 Speaker 1: appeal bond, which means after can acted at trial, typically 539 00:35:01,400 --> 00:35:04,919 Speaker 1: by a jury, the judges, Oh, you know what, Never 540 00:35:04,960 --> 00:35:07,240 Speaker 1: mind about that conviction thing. You're going to walk free 541 00:35:07,280 --> 00:35:11,960 Speaker 1: to tell an appeals court, for instance, the Illinois Supreme 542 00:35:12,040 --> 00:35:15,919 Speaker 1: Court rules on your case, and then after they rule, 543 00:35:16,280 --> 00:35:19,800 Speaker 1: maybe you can appeal it on up to the Circuit 544 00:35:19,880 --> 00:35:22,200 Speaker 1: Court of Appeals. And after that, hey, maybe you can 545 00:35:22,200 --> 00:35:24,080 Speaker 1: take it all the way to the US Supreme Court. 546 00:35:24,239 --> 00:35:26,000 Speaker 1: You just don't know how far this appeal is going 547 00:35:26,040 --> 00:35:28,640 Speaker 1: to go. But the whole time you can stay out 548 00:35:28,760 --> 00:35:31,640 Speaker 1: behind bars. I mean, why even have a jury trial? Well, 549 00:35:32,440 --> 00:35:37,120 Speaker 1: to answer your question, you know, it's not entirely unusual 550 00:35:37,320 --> 00:35:40,160 Speaker 1: to get an appeal bond, I any of you had, Well, 551 00:35:40,160 --> 00:35:44,759 Speaker 1: I'm just just let me finish. It's not entirely unusual 552 00:35:45,000 --> 00:35:48,200 Speaker 1: to get one from a trial judge who is the case, 553 00:35:48,640 --> 00:35:51,479 Speaker 1: who thinks that maybe you have an appeal that has 554 00:35:51,520 --> 00:35:55,640 Speaker 1: some merit to it based on him having observed the trial, 555 00:35:56,200 --> 00:35:59,440 Speaker 1: so you know he made granted. It is unusual to 556 00:35:59,520 --> 00:36:02,400 Speaker 1: within five days, at least in my experience, to have 557 00:36:02,520 --> 00:36:07,000 Speaker 1: an appellate court intervene and say this person should have 558 00:36:07,080 --> 00:36:11,200 Speaker 1: an appeal bond over the denial of the trial judge. 559 00:36:11,280 --> 00:36:15,560 Speaker 1: That's unusual. I can't say that I've ever seen that. 560 00:36:15,640 --> 00:36:18,080 Speaker 1: Can I ask you a question? Yea, how many times 561 00:36:18,800 --> 00:36:22,520 Speaker 1: as a prosecutor did you get a conviction on a 562 00:36:22,560 --> 00:36:26,960 Speaker 1: case and then that person get out on an appeal bond? Us? 563 00:36:27,239 --> 00:36:30,719 Speaker 1: It's rare because I never had a happen to me 564 00:36:30,760 --> 00:36:34,200 Speaker 1: as the prosecutor. Not once. Then one person that I 565 00:36:34,239 --> 00:36:36,400 Speaker 1: took a trial and there was a conviction get out 566 00:36:36,719 --> 00:36:40,319 Speaker 1: while they appealed the conviction. That never happened, and that 567 00:36:40,440 --> 00:36:44,600 Speaker 1: was ten solid years of intercity Atlanta high crime. I mean, 568 00:36:44,680 --> 00:36:47,000 Speaker 1: I don't disagree with you so never, I think never, 569 00:36:47,120 --> 00:36:49,600 Speaker 1: and you're here, But if you have, if you have 570 00:36:49,640 --> 00:36:52,279 Speaker 1: a you're not answering. I'm sorry, Matthew Menie know you're 571 00:36:52,280 --> 00:36:55,040 Speaker 1: not answering. How often did that ever happen to you? 572 00:36:55,680 --> 00:36:58,799 Speaker 1: Did it ever happen? I would say times, maybe in 573 00:36:58,840 --> 00:37:02,960 Speaker 1: eight years or a judge, A judge granted and a 574 00:37:03,040 --> 00:37:06,359 Speaker 1: tilbond when in fact that one of yours. I didn't 575 00:37:06,360 --> 00:37:10,280 Speaker 1: hear the number. I say a couple. As a district attorney, 576 00:37:10,280 --> 00:37:13,880 Speaker 1: every case was mine, So I say a couple of 577 00:37:13,920 --> 00:37:17,040 Speaker 1: times would happen? All right, I've never had it happened. 578 00:37:17,360 --> 00:37:20,000 Speaker 1: Who's jumping in? Is that Paul's eye? Yeah? The ant 579 00:37:20,040 --> 00:37:21,799 Speaker 1: I just like to make a quick comment, and that is, 580 00:37:22,120 --> 00:37:23,879 Speaker 1: you know, when you look at this from the flip side, 581 00:37:23,920 --> 00:37:26,239 Speaker 1: let's just say he would have been successful. Let's say 582 00:37:26,280 --> 00:37:30,879 Speaker 1: that that the his plot would not have been discovered. 583 00:37:31,520 --> 00:37:35,319 Speaker 1: He essentially would be setting up one or two or 584 00:37:35,440 --> 00:37:38,480 Speaker 1: more people to spend you know, a decade or two 585 00:37:38,560 --> 00:37:44,480 Speaker 1: behind bars just to promote his career. And and that 586 00:37:44,560 --> 00:37:47,439 Speaker 1: angle is not really being thought of in this Yeah, 587 00:37:47,440 --> 00:37:49,960 Speaker 1: he lied, Yes he wasted a lot of time, Yes 588 00:37:50,000 --> 00:37:53,719 Speaker 1: he had a lot of resources diverted diverted to him. 589 00:37:53,760 --> 00:37:57,279 Speaker 1: But if his end game would have happened, the perversion 590 00:37:57,400 --> 00:38:02,120 Speaker 1: of justice would have been un imaginable. You know, you're right, 591 00:38:02,239 --> 00:38:05,319 Speaker 1: those Cindario brothers could have gone down for years on 592 00:38:05,640 --> 00:38:09,600 Speaker 1: end for a hate crime for threatening bleach on some 593 00:38:09,760 --> 00:38:13,040 Speaker 1: a lot for a beating him up, for attacking him 594 00:38:13,080 --> 00:38:15,880 Speaker 1: and then not putting a noose around his neck. Doctor 595 00:38:15,920 --> 00:38:21,239 Speaker 1: Sherry Schwartz, what exactly is a pathological liar? Well, this 596 00:38:21,320 --> 00:38:25,800 Speaker 1: is somebody who, if I mean to put it, really simply, 597 00:38:25,840 --> 00:38:29,120 Speaker 1: if their lips are moving there they're lying. That's how 598 00:38:29,160 --> 00:38:33,040 Speaker 1: you can think about them, because the lies literally just 599 00:38:33,280 --> 00:38:35,720 Speaker 1: come out of their mouths with great deal of ease. 600 00:38:36,280 --> 00:38:39,520 Speaker 1: Research on pathological liars shows that, you know, if they're 601 00:38:39,840 --> 00:38:44,640 Speaker 1: hooked up to an EKG right to check their pulse 602 00:38:44,960 --> 00:38:48,840 Speaker 1: and things like that, that they lie and they really 603 00:38:48,880 --> 00:38:52,120 Speaker 1: don't experience that same kind of physical reaction that somebody 604 00:38:52,120 --> 00:38:54,680 Speaker 1: who's telling a lie that doesn't normally lie would like, 605 00:38:54,840 --> 00:39:00,319 Speaker 1: anxiety and things like that, heightened arousal. They just lie 606 00:39:00,480 --> 00:39:04,200 Speaker 1: for the sake of lying. Lie for the sake of 607 00:39:04,360 --> 00:39:09,560 Speaker 1: lying too. Alexis terresta Crime Online dot Com investigative reporter, 608 00:39:11,600 --> 00:39:17,200 Speaker 1: Smallest Lawyers, filed what we call an emergency motion, claiming 609 00:39:17,320 --> 00:39:20,960 Speaker 1: that if he stayed in jail, he would have a 610 00:39:21,000 --> 00:39:27,279 Speaker 1: physical threat even though he was being held in protective custody. 611 00:39:28,560 --> 00:39:33,360 Speaker 1: What are the grounds on which his defense lawyers argued 612 00:39:33,440 --> 00:39:36,120 Speaker 1: he should be out on appeal bond. Well, that is 613 00:39:36,120 --> 00:39:38,960 Speaker 1: what they say. They say that he is in danger 614 00:39:39,040 --> 00:39:43,279 Speaker 1: of being threatened by people. But they also said, this 615 00:39:43,400 --> 00:39:47,400 Speaker 1: appeal could take months and months and much much longer 616 00:39:47,440 --> 00:39:49,520 Speaker 1: than one hundred and fifty days that our client has 617 00:39:49,520 --> 00:39:52,640 Speaker 1: been sentenced to jail. So if in the very end, 618 00:39:52,880 --> 00:39:56,360 Speaker 1: you know, one year from now, his appeal is granted 619 00:39:56,400 --> 00:39:59,120 Speaker 1: and his conviction is a returned, he will have already 620 00:39:59,280 --> 00:40:03,719 Speaker 1: served that time and you can't take that back. You can't. 621 00:40:03,840 --> 00:40:07,840 Speaker 1: There's no way to fix that. You serve time that 622 00:40:07,880 --> 00:40:10,680 Speaker 1: you weren't supposed to ultimately serve. So that is what 623 00:40:10,760 --> 00:40:13,480 Speaker 1: they argued. That the appeal would take longer than the 624 00:40:13,600 --> 00:40:18,040 Speaker 1: sentence would, so he should be out on bond during 625 00:40:18,080 --> 00:40:20,600 Speaker 1: that time. And in fact they imposed one on him 626 00:40:20,680 --> 00:40:24,080 Speaker 1: one hundred and fifty thousand dollars, and they said, but 627 00:40:24,840 --> 00:40:26,200 Speaker 1: he didn't have to pay that up front, but if 628 00:40:26,200 --> 00:40:28,920 Speaker 1: he misses any more court cases, he's have to pay that. 629 00:40:30,239 --> 00:40:36,880 Speaker 1: So many allowances made for them. Jesse Smolette somehow has 630 00:40:37,800 --> 00:40:43,000 Speaker 1: pulled yet another hoax on an appeals court. Jesse Smolette, 631 00:40:43,920 --> 00:40:51,960 Speaker 1: Empire Star hate crime faker has walked free. He has 632 00:40:52,000 --> 00:40:57,719 Speaker 1: been released from jail while his lawyers appeal his conviction. 633 00:40:59,239 --> 00:41:04,480 Speaker 1: Big Black for Lady Justice and crime victims all across 634 00:41:04,520 --> 00:41:11,440 Speaker 1: our country. Nancy Grace proms story, signing off Goodbye