WEBVTT - External Exam - High Profile Cases with Criminal Defense Attorney, Alison Triessl

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<v Speaker 1>Mother Knows Death Presents External Exams with Nicole and Jimmy.

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<v Speaker 2>Hi, everyone, welcome to this week's External Exam. So we've

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<v Speaker 2>been covering a bunch of stories on the news since

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<v Speaker 2>we started Mother Knows Death, and we always have crime

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<v Speaker 2>stories that involve things that have to do with bail

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<v Speaker 2>and charges that are filed and jail time and things

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<v Speaker 2>that Maria and I always question what does this mean?

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<v Speaker 2>And now I thought it would be perfect if we

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<v Speaker 2>interview an attorney who specializes in this. So we have

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<v Speaker 2>a criminal defense attorney this week. Please welcome Allison treesal Hi.

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<v Speaker 3>Hi, nice to speak to you. It's exciting, I know.

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<v Speaker 2>Thank you so much for being here. We're so excited

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<v Speaker 2>to talk to you today. Allison has been a criminal

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<v Speaker 2>defense attorney for twenty five years and has represented over

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<v Speaker 2>one thousand clients who were charged with committing serious crimes.

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<v Speaker 2>She is also a legal correspondent for Access Hollywood and

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<v Speaker 2>has provided legal commentary numerous times for multiple news stations.

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<v Speaker 2>So you are a pretty big deal in this world.

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<v Speaker 2>So thanks so much for being on my little show today.

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<v Speaker 3>It is my pleasure and I think it's great. I

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<v Speaker 3>think it's great that you guys are covering it.

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<v Speaker 2>So we're going to start off with the basics, because

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<v Speaker 2>I really have no idea what lawyers do. Luckily, I've

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<v Speaker 2>never been charged with a serious crime, so I guess

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<v Speaker 2>that's a good thing. But can you tell us exactly

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<v Speaker 2>what a criminal defense attorney is.

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<v Speaker 3>So it's an interesting job because normally people come to

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<v Speaker 3>me at the lowest point in their life and they

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<v Speaker 3>have had some contact with the criminal justice system, usually

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<v Speaker 3>law enforcement, and and they're either in custody, they've been arrested,

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<v Speaker 3>or they're about to be arrested, and I meet with them,

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<v Speaker 3>we walk through what it is that they've been charged with,

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<v Speaker 3>either in custody, you're out of custody. I practice both

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<v Speaker 3>federally and in California, so I handle cases anywhere from

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<v Speaker 3>a dui all the way to a murder case. And

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<v Speaker 3>you know, they're afraid. For the most part, they're afraid.

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<v Speaker 3>I everything they say to me, everything that they say

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<v Speaker 3>to their criminal defense attorney, has to be kept confidential.

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<v Speaker 3>A lot of people will ask the question, well what

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<v Speaker 3>if you know? What if you know the truth? Well,

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<v Speaker 3>it's so much better for me if I know what

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<v Speaker 3>actually happened, because then I know how to best defend them.

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<v Speaker 3>So if they're lying to me and I learn about

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<v Speaker 3>it for the first time from the judge or the prosecutor,

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<v Speaker 3>we're in a pretty bad place. Unlike public deface, public

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<v Speaker 3>defenders are assigned to a person that's unable to pay

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<v Speaker 3>for a private attorney. I get paid ahead of time,

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<v Speaker 3>and one of the benefits is that when you meet

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<v Speaker 3>your public defender, you're normally meeting them as you're going

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<v Speaker 3>into court or while you're in custody. Most times I

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<v Speaker 3>get to meet someone before they go into the courtroom,

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<v Speaker 3>so I can explain the process to them. I can

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<v Speaker 3>reach out to the prosecutor beforehand, get an idea of

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<v Speaker 3>what kind of evidence they have against them, and if

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<v Speaker 3>there's anything we can do pre filing. For the most part,

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<v Speaker 3>you will not be able to convince a prosecutor not

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<v Speaker 3>to file a case, but you show up in court,

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<v Speaker 3>you generally enter a plea of not guilty. Our system

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<v Speaker 3>is set up that all defendants are presumed not guilty

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<v Speaker 3>until proven otherwise. And it's interesting because it's not a

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<v Speaker 3>it's it has to be proven beyond a reasonable doubt.

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<v Speaker 3>So in our justice system, when people say, well are

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<v Speaker 3>they guilty. It doesn't necessarily work that way. It has

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<v Speaker 3>the prosecutor met their burden beyond a reasonable doubt. So

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<v Speaker 3>we can't rely on speculation or or it seems like

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<v Speaker 3>it's they possibly could be guilty. No, they have to

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<v Speaker 3>have an abiding conviction that this person did the crime

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<v Speaker 3>that they are accused of doing, and they don't have

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<v Speaker 3>any reasonable legal defense to the charge.

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<v Speaker 2>Now you said that they you really want them to

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<v Speaker 2>tell you the truth, and that it's kind of the

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<v Speaker 2>same thing with a with a psychiatrist or a psychologist,

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<v Speaker 2>that they'll that you could tell them things and they're

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<v Speaker 2>supposed to keep it confidential, except in certain situations they

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<v Speaker 2>have to report certain things that their clients tell them.

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<v Speaker 2>So does that ever work in your case if one

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<v Speaker 2>of your clients tells you something super serious that you

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<v Speaker 2>would have to report it to someone or it's always confidential.

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<v Speaker 3>Well, for the most part, it's always confidential unless they're

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<v Speaker 3>talking about an ongoing crime or they intend to commit

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<v Speaker 3>a crime. Obviously I cannot I cannot hide from the

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<v Speaker 3>prosecutor that they intend to kill somebody. I of course

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<v Speaker 3>dissuade them of that idea, but I do have some

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<v Speaker 3>duty to disclose acts that will be committed in the future,

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<v Speaker 3>but in terms of the actual commission of the crime,

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<v Speaker 3>what their level of involvement is, I am duty bound

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<v Speaker 3>not to share that information.

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<v Speaker 2>Okay, that's really interesting to know. So, Mike, before we

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<v Speaker 2>start getting into all the cases that we've been talking

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<v Speaker 2>about in the news, I want to get to know

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<v Speaker 2>a little bit about you and just how you became

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<v Speaker 2>decided you wanted to become a lawyer when you were

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<v Speaker 2>a child, Did you always want to be a lawyer,

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<v Speaker 2>and how you found out about this field and how

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<v Speaker 2>you got into it.

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<v Speaker 3>Sure. So, my dad was a psychiatrist and his clientele

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<v Speaker 3>mainly consisted of people that were drug addicted and obviously

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<v Speaker 3>the mentally ill and in some cases gravely mentally ill,

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<v Speaker 3>and so there has always been a level of compassion

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<v Speaker 3>for people that suffered from addiction. And in my practice,

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<v Speaker 3>although I handle very serious cases along with drug related

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<v Speaker 3>and DUIs, for the most part, the percentage of people

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<v Speaker 3>that I represent was some type of either drug addiction,

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<v Speaker 3>alcohol addiction, or mental illness ranges an upward of eighty

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<v Speaker 3>percent of the cases that I ham, so I have

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<v Speaker 3>I have a real compassionate side for those that are

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<v Speaker 3>struggling with addiction. So I didn't want to go to

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<v Speaker 3>medical school. I enjoy talking to people, and I always

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<v Speaker 3>found criminal defense fascinating. So I knew that the only

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<v Speaker 3>reason I was going to go to law school was

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<v Speaker 3>to practice criminal defense. I started working. I opened up

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<v Speaker 3>a phone book. I came home from college my freshman year,

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<v Speaker 3>and my mother said, you have to get a job.

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<v Speaker 3>You're not sitting home all summer. You got to open up.

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<v Speaker 3>You got to get a job. So at the time,

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<v Speaker 3>we had the Yellow Book, we had phone books, and

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<v Speaker 3>so I opened up pages under criminal attorneys, and I

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<v Speaker 3>saw a picture of a hand in handcuffs, and I

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<v Speaker 3>called that attorney and I said, look, I don't need

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<v Speaker 3>to make any money this summer. I just want to learn.

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<v Speaker 3>And I ended up working for him for years while

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<v Speaker 3>I was in college, while I was in law school.

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<v Speaker 3>Once I graduated from law school, and I helped prepare

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<v Speaker 3>him for trials. I worked on murder cases with him,

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<v Speaker 3>I attended court appearances with him. And so I think

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<v Speaker 3>it's always been something that I've loved. It's always been

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<v Speaker 3>my passion, and it's kind of stayed with me, and

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<v Speaker 3>it has branched out how I do legal commentary for

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<v Speaker 3>TV and I comment on constitutional issues related to the law.

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<v Speaker 3>But it's something that I've always loved doing. I've always

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<v Speaker 3>had a passion for and I believe I've always believed

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<v Speaker 3>that someone has the right to be defended. Our criminal

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<v Speaker 3>justice system only works when there's two sides. When someone

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<v Speaker 3>is defended and when a person a prosecutor, a judge,

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<v Speaker 3>a jury gets to hear their side of the story.

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<v Speaker 3>Cases are complicated. It's never a one size fits all,

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<v Speaker 3>and all the fans are different, and their stories are different,

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<v Speaker 3>and the levels of mitigation are different. So the fact

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<v Speaker 3>that I've been able to be their spokesperson for almost

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<v Speaker 3>thirty years has been a real blessing for me, and

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<v Speaker 3>I've enjoyed it so much. I represented all walks of life.

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<v Speaker 3>I've represented wealthy people, poor people, every kind of you know,

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<v Speaker 3>every demographic, any religion, and so every day is sort

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<v Speaker 3>of a new experience for me, and I go in

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<v Speaker 3>with the attitude of the prosecutors got to prove their case,

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<v Speaker 3>but also I need to do something to help this

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<v Speaker 3>person so that they do not return to the criminal

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<v Speaker 3>justice system.

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<v Speaker 2>Have you ever had a situation where someone has told

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<v Speaker 2>you their crime, and you thought to yourself, well, this

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<v Speaker 2>is really messed up, and like having a moral issue

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<v Speaker 2>within yourself to think, can I really represent this person?

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<v Speaker 2>They just did something completely heinous and I just there

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<v Speaker 2>may be mental illness isn't involved with it, and they're

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<v Speaker 2>just kind of pure evil. And have you ever had

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<v Speaker 2>that kind of moral back and forth with yourself over

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<v Speaker 2>certain cases?

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<v Speaker 3>I have, and I have been lucky enough to own

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<v Speaker 3>my own practice, so I get to pick and choose

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<v Speaker 3>the cases that I want, which is a little bit

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<v Speaker 3>different than when you work for the public Defender's office.

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<v Speaker 3>So years ago, I had a case where it was

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<v Speaker 3>a sex trafficking case involving minor children. The man was

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<v Speaker 3>a professor and it was a sex ring out of Thailand,

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<v Speaker 3>and the family offered me thousands and hundreds of thousands

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<v Speaker 3>of dollars, which is a lot of money, and I

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<v Speaker 3>just I could not represent him. I could not represent

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<v Speaker 3>him because I believe that he deserved better than the

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<v Speaker 3>defense I could, because I was so morally offended that

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<v Speaker 3>I turned the case down. I've also had a case

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<v Speaker 3>where I represented a cannibal and it was a similar situation.

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<v Speaker 3>I was getting threats from community members. I had young

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<v Speaker 3>children at the time, and again I thought that he

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<v Speaker 3>deserved better than I could give him because I was afraid.

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<v Speaker 3>And you can never represent someone and be afraid to

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<v Speaker 3>represent them, so I turned that case down. So I

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<v Speaker 3>have had occasions where, frankly, I had a woman came

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<v Speaker 3>out into her office and her child would wet the

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<v Speaker 3>bed and she would take the rod to use to

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<v Speaker 3>open and close the blinds, and she beat her child

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<v Speaker 3>with it. And I was so horrified by it because

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<v Speaker 3>I was at a stage in my life where I

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<v Speaker 3>was potty training my children, and I felt that, you know,

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<v Speaker 3>in those cases, you give them love and support and

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<v Speaker 3>not physical violence. So I frankly said to her, I'm

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<v Speaker 3>too busy to represent you. I wish you the very best,

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<v Speaker 3>but I'm not your person. So, yes, those situations do

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<v Speaker 3>come up, and I have to ask myself, can I

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<v Speaker 3>live with myself if I'm handling this case and representing them,

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<v Speaker 3>and do well I give them the representation that they deserve,

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<v Speaker 3>and if the answers know, then I decline. But on

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<v Speaker 3>the other hand, I recently represented a woman who was

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<v Speaker 3>accused of killing her two children, and I was absolutely

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<v Speaker 3>convinced that she suffered from postpartum psychosis, which is an extreme,

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<v Speaker 3>extreme form of postpartum depression. And she was somebody that

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<v Speaker 3>I believed, and thankfully sort of the prosecutor and the

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<v Speaker 3>judge that she was not guilty by reason of insanity

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<v Speaker 3>and that she needed treatment and not prison. And so

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<v Speaker 3>that is ultimately what happened in that case, and that's

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<v Speaker 3>one of the cases that I'm most proud of.

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<v Speaker 2>Yeah, there's actually another case of that going on right now.

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<v Speaker 2>I'm sure you heard of it, that a woman killed

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<v Speaker 2>her three children recently, and she was a nurse, and

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<v Speaker 2>she was on all this psychiatric medication, and they're trying

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<v Speaker 2>to say that she pre planned the children's murder. She

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<v Speaker 2>tried to jump out of a window and kill herself

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<v Speaker 2>actually after she killed the three kids. And when I

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<v Speaker 2>heard the list of medications that she was on and

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<v Speaker 2>the help that she was trying to get, and just

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<v Speaker 2>friends of hers showing pictures of her working in the hospital,

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<v Speaker 2>being a nurse and a seemingly normal minded person, it's

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<v Speaker 2>really upsetting. And I hope that someone like you can

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<v Speaker 2>help her not get in trouble for this, because I'm

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<v Speaker 2>sure she already feels completely terrible that this happened, and

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<v Speaker 2>being on all that medication, it's kind of not her fault,

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<v Speaker 2>you know.

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<v Speaker 3>Look, in my case, this woman still wants to kill herself.

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<v Speaker 3>She was accused of poisoning her two children. One was

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<v Speaker 3>an infant, and she took the poison herself, and she

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<v Speaker 3>had repeatedly reached out for help. She went to go

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<v Speaker 3>see a practitioner who did not recognize postpartum depression and

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<v Speaker 3>psychosis sent her home. And this is someone that should

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<v Speaker 3>have been hospitalized. So we thankfully had a long documented history.

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<v Speaker 3>And this is someone who had done everything she could

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<v Speaker 3>too have a child. She wanted this child, she wanted

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<v Speaker 3>to love this child, and unfortunately, her depression and her

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<v Speaker 3>delusions and her postpartum was so crippling that she would

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<v Speaker 3>spend hours and hours just walking in circle. She had

0:14:55.040 --> 0:15:00.160
<v Speaker 3>scratched much of the skin off of her arms. And

0:15:00.200 --> 0:15:02.400
<v Speaker 3>so this was, in my mind, somebody that did not

0:15:02.480 --> 0:15:04.960
<v Speaker 3>believe in did not belong in prison. She believed she

0:15:05.040 --> 0:15:09.320
<v Speaker 3>belonged in a state psychiatric facility. And to this day

0:15:09.520 --> 0:15:13.400
<v Speaker 3>she has to live. Even if she her sanity is restored,

0:15:13.840 --> 0:15:17.200
<v Speaker 3>she then has to deal with the trauma of killing

0:15:17.240 --> 0:15:21.280
<v Speaker 3>both of her children, So it's cases like that. And

0:15:21.640 --> 0:15:25.880
<v Speaker 3>also I've represented people who were factually innocent, so I

0:15:26.080 --> 0:15:30.360
<v Speaker 3>like to believe that there are certain instances, but for

0:15:30.520 --> 0:15:37.920
<v Speaker 3>my representation, they would be innocent people who were spending

0:15:37.920 --> 0:15:40.680
<v Speaker 3>all arrest of their life in prison. So for those reasons,

0:15:41.040 --> 0:15:42.960
<v Speaker 3>I feel very good about what I do. I don't

0:15:44.000 --> 0:15:46.160
<v Speaker 3>you know, there are cases that are harder than others

0:15:46.800 --> 0:15:50.520
<v Speaker 3>and have caused a lot of pain to the victims.

0:15:51.520 --> 0:15:55.320
<v Speaker 3>But for the most part, the stories that I'm told

0:15:56.480 --> 0:15:59.160
<v Speaker 3>are just so traumatic and awful, and they've lived through

0:15:59.200 --> 0:16:02.600
<v Speaker 3>such horror existence, and I try and get them the

0:16:02.640 --> 0:16:04.280
<v Speaker 3>help they so desperately need.

0:16:05.320 --> 0:16:09.000
<v Speaker 2>Yeah, sometimes you hear about these horrible things that even

0:16:09.040 --> 0:16:11.640
<v Speaker 2>people murdering someone, but then when you hear about how

0:16:11.680 --> 0:16:15.200
<v Speaker 2>they grew up, it's so terrible, even if they're in

0:16:15.240 --> 0:16:17.920
<v Speaker 2>their fifties. You just feel so bad that a person

0:16:18.160 --> 0:16:20.920
<v Speaker 2>was abused their whole life and treated that way, and

0:16:21.480 --> 0:16:24.520
<v Speaker 2>whatever their history is, that you almost feel kind of

0:16:24.640 --> 0:16:27.600
<v Speaker 2>bad that now this is the spot they ended up in,

0:16:27.720 --> 0:16:29.600
<v Speaker 2>even though they're hurting someone else.

0:16:29.680 --> 0:16:33.720
<v Speaker 3>Now, Yeah, I mean I recently covered and I'm sure

0:16:33.720 --> 0:16:37.000
<v Speaker 3>you've covered it many times, the case of Gypsy Rose. Yes,

0:16:37.080 --> 0:16:40.720
<v Speaker 3>because Gypsy was just released. And what was an interesting

0:16:40.800 --> 0:16:43.520
<v Speaker 3>what was very interesting or my takeaway from that case

0:16:43.760 --> 0:16:48.400
<v Speaker 3>was she killed her mother. She planned the murder. She

0:16:48.840 --> 0:16:50.960
<v Speaker 3>even knows she wasn't the one holding the knife, She

0:16:51.120 --> 0:16:59.560
<v Speaker 3>was instrumental in her killing. She however, however, she was

0:16:59.600 --> 0:17:03.240
<v Speaker 3>living in prison before she ever went to prison, and

0:17:04.080 --> 0:17:07.679
<v Speaker 3>why do believe that some punishment was justified? And she

0:17:07.760 --> 0:17:09.920
<v Speaker 3>will say the best thing that ever happened to her,

0:17:10.400 --> 0:17:12.600
<v Speaker 3>and actually the first time she ever felt free is

0:17:12.600 --> 0:17:18.520
<v Speaker 3>when she was behind prison walls. The circumstances surrounding that

0:17:18.640 --> 0:17:23.439
<v Speaker 3>murder were so horrific, and she did believe it was

0:17:23.480 --> 0:17:26.359
<v Speaker 3>her only way out and what she had been put

0:17:26.440 --> 0:17:30.240
<v Speaker 3>through and the trauma that she suffered at the hands

0:17:30.280 --> 0:17:34.239
<v Speaker 3>of her mother is unfathomable, something that none of us

0:17:34.280 --> 0:17:36.040
<v Speaker 3>would ever wish on our worst enemy.

0:17:36.880 --> 0:17:39.720
<v Speaker 2>Yeah, I'm actually surprised that she went to jail at autib.

0:17:40.359 --> 0:17:43.359
<v Speaker 2>I mean, this is why I have questions, because I

0:17:43.480 --> 0:17:45.720
<v Speaker 2>just look at it, like, I don't understand how every

0:17:45.760 --> 0:17:49.760
<v Speaker 2>single person that listened to that case wasn't like, oh good,

0:17:49.520 --> 0:17:52.480
<v Speaker 2>she should have killed her mom because that was terrible.

0:17:53.240 --> 0:17:55.879
<v Speaker 3>You know, it's an interesting case and she was given

0:17:55.920 --> 0:17:58.359
<v Speaker 3>the low term on a second degree murder, which was

0:17:58.440 --> 0:18:01.119
<v Speaker 3>ten years, which is the absolute lowest you could receive.

0:18:02.359 --> 0:18:05.880
<v Speaker 3>But it was a textbook definition of a murder case, right,

0:18:05.920 --> 0:18:09.960
<v Speaker 3>it was intended, it was planned, she participated in it,

0:18:10.760 --> 0:18:17.760
<v Speaker 3>and I did applaud the prosecutor for recognizing the circumstances

0:18:18.280 --> 0:18:23.680
<v Speaker 3>and even know the prosecutor was very comfortable in trying

0:18:24.320 --> 0:18:27.280
<v Speaker 3>a first degree case, meaning that they could prove all

0:18:27.320 --> 0:18:31.439
<v Speaker 3>of the elements of first degree murder. They thought that

0:18:31.760 --> 0:18:38.240
<v Speaker 3>the circumstances in mitigation warranted the lowest possible second degree sentence.

0:18:39.600 --> 0:18:42.439
<v Speaker 2>When I was in PA school, I had to rotate

0:18:42.440 --> 0:18:45.760
<v Speaker 2>at the medical Examiner's office for a couple of months,

0:18:45.800 --> 0:18:47.840
<v Speaker 2>and during that time I was able to go to

0:18:47.920 --> 0:18:50.600
<v Speaker 2>a court case for a homicide with the medical examiner

0:18:50.640 --> 0:18:53.840
<v Speaker 2>who was testifying, which I thought it was kind of

0:18:53.880 --> 0:18:57.439
<v Speaker 2>the coolest experience ever. It was like watching Law and

0:18:57.560 --> 0:19:01.600
<v Speaker 2>Order but being there and it was really surreal, and

0:19:03.320 --> 0:19:06.280
<v Speaker 2>that the way that the court case went down, it

0:19:06.320 --> 0:19:09.680
<v Speaker 2>was like this guy had he had strangled, manually strangled

0:19:09.680 --> 0:19:13.120
<v Speaker 2>his girlfriend to death, and I kept staring at him

0:19:13.160 --> 0:19:16.080
<v Speaker 2>the whole time. I was in the courtroom thinking wow,

0:19:16.200 --> 0:19:19.399
<v Speaker 2>like I know that this person murdered a person, and

0:19:19.440 --> 0:19:21.959
<v Speaker 2>it kind of freaked me out just being in the

0:19:22.000 --> 0:19:25.920
<v Speaker 2>same room with that person because I never experienced obviously

0:19:26.000 --> 0:19:29.200
<v Speaker 2>I don't maybe I've crossed paths with a murderer before,

0:19:29.240 --> 0:19:31.760
<v Speaker 2>but never have known it and been in the room

0:19:31.800 --> 0:19:34.360
<v Speaker 2>with that person, and it scared me a little bit.

0:19:34.800 --> 0:19:38.920
<v Speaker 2>So the first couple of times you met with one

0:19:38.960 --> 0:19:42.600
<v Speaker 2>of your clients that had KIT that was accused at

0:19:42.680 --> 0:19:46.199
<v Speaker 2>least of committing murder, did that ever scare you to

0:19:46.400 --> 0:19:48.560
<v Speaker 2>be in the presence of that person or to be

0:19:48.600 --> 0:19:51.439
<v Speaker 2>alone with that person just knowing what they were capable of.

0:19:52.520 --> 0:19:54.679
<v Speaker 3>Well, it's interesting that you say that, because one of

0:19:54.680 --> 0:19:59.280
<v Speaker 3>the things that burned I think my my passion for

0:19:59.359 --> 0:20:01.560
<v Speaker 3>criminal defense. This is when I went to law. I

0:20:01.600 --> 0:20:05.480
<v Speaker 3>went to undergraduate at Tulane, and one of the criminal

0:20:05.600 --> 0:20:08.439
<v Speaker 3>justice classes that I took, we actually went on a

0:20:08.520 --> 0:20:12.480
<v Speaker 3>field trip to Angola, which is a state prison that

0:20:12.560 --> 0:20:16.719
<v Speaker 3>has a long history of executions, and we went on

0:20:16.840 --> 0:20:23.879
<v Speaker 3>death row and I remember thinking, oh my god, these people,

0:20:23.960 --> 0:20:26.120
<v Speaker 3>these men are going to spend the rest of their

0:20:26.160 --> 0:20:31.159
<v Speaker 3>lives in these cells. And we walked by and I

0:20:31.359 --> 0:20:36.200
<v Speaker 3>watched them and they were many devoid of emotion or feeling,

0:20:37.640 --> 0:20:42.520
<v Speaker 3>and I was fascinated by it. And then I started

0:20:42.560 --> 0:20:47.800
<v Speaker 3>to spend time in jail alone with inmates that were killed,

0:20:47.880 --> 0:20:54.199
<v Speaker 3>that were accused of killing people. And I wouldn't say

0:20:54.320 --> 0:20:59.600
<v Speaker 3>that I'm scared because most of them are handcuffed to

0:20:59.640 --> 0:21:04.560
<v Speaker 3>something or we're talking through a glass. But I'm always

0:21:04.680 --> 0:21:10.040
<v Speaker 3>amazed at how little insight most of them have to

0:21:10.480 --> 0:21:15.600
<v Speaker 3>the heinousness or the finality of their actions. So while

0:21:15.640 --> 0:21:19.040
<v Speaker 3>they're telling me their story, it's as if they've removed

0:21:19.080 --> 0:21:22.760
<v Speaker 3>themselves from the event and they're speaking in the third

0:21:22.800 --> 0:21:28.399
<v Speaker 3>person as to what happened. So that's always been something

0:21:28.440 --> 0:21:33.360
<v Speaker 3>that's really fascinating to me. There have been other instances

0:21:33.480 --> 0:21:37.240
<v Speaker 3>where I have been concerned. I've had some people show

0:21:37.320 --> 0:21:41.200
<v Speaker 3>up at my home. At one point, I was representing

0:21:41.240 --> 0:21:46.960
<v Speaker 3>the head of a fairly notorious gang and he threatened

0:21:47.000 --> 0:21:49.320
<v Speaker 3>me and said, you know, if you don't get me out,

0:21:49.320 --> 0:21:51.600
<v Speaker 3>I'm going to do X, Y and Z. And I

0:21:51.680 --> 0:21:53.679
<v Speaker 3>said to him, look, buddy, I'm the wrong person for

0:21:53.720 --> 0:21:55.920
<v Speaker 3>you to mess with. I'm the only thing that stands

0:21:55.960 --> 0:22:01.480
<v Speaker 3>between you and freedom. Someday I probably wouldn't not threaten me.

0:22:02.200 --> 0:22:05.399
<v Speaker 3>And once I took that position with him, we worked

0:22:05.440 --> 0:22:08.000
<v Speaker 3>out just behe.

0:22:07.680 --> 0:22:11.320
<v Speaker 2>That's that's scary. I mean, especially because you have children,

0:22:11.440 --> 0:22:16.280
<v Speaker 2>so people you hear horror stories of stuff like that happening,

0:22:16.320 --> 0:22:19.200
<v Speaker 2>that the person that you were representing ends up showing

0:22:19.280 --> 0:22:22.080
<v Speaker 2>up at your house or something, and that's just scary,

0:22:22.400 --> 0:22:25.440
<v Speaker 2>is it. So you've had to actually call the police

0:22:25.480 --> 0:22:27.359
<v Speaker 2>on people for showing up at your house.

0:22:28.359 --> 0:22:33.120
<v Speaker 3>I've had certain situations that involve the police. I had

0:22:33.119 --> 0:22:36.480
<v Speaker 3>one in particular, by the way, who was actually led

0:22:36.520 --> 0:22:40.080
<v Speaker 3>the police on a police chase to my home and

0:22:40.400 --> 0:22:42.840
<v Speaker 3>he led them here because he wanted me to speak

0:22:42.840 --> 0:22:46.600
<v Speaker 3>to the police on his behalf. So things happen. Things happen.

0:22:46.680 --> 0:22:52.359
<v Speaker 3>And I and I do represent people who without drugs

0:22:52.359 --> 0:22:56.719
<v Speaker 3>and alcohol or true schizophrenics. And I would say, of

0:22:56.840 --> 0:23:04.000
<v Speaker 3>all mental illness, schizophrenia, unfortunately, to me, is one of

0:23:04.040 --> 0:23:07.879
<v Speaker 3>the most sad because it's like being a prisoner in

0:23:07.920 --> 0:23:10.520
<v Speaker 3>your own brain when you really can't control your thoughts.

0:23:11.240 --> 0:23:15.600
<v Speaker 3>And it's for me, my experience has been it's generally

0:23:16.160 --> 0:23:20.159
<v Speaker 3>younger men in between the ages of eighteen and twenty six,

0:23:20.960 --> 0:23:27.520
<v Speaker 3>and they've lived seemingly normal enough lives and then you

0:23:27.520 --> 0:23:31.440
<v Speaker 3>know they're diagnosed with schizophrenia and in their early adulthood.

0:23:32.160 --> 0:23:37.240
<v Speaker 3>There are medications that help, but they they are resistant

0:23:37.280 --> 0:23:41.080
<v Speaker 3>to taking the medication and that becomes a major problem

0:23:41.119 --> 0:23:43.719
<v Speaker 3>because without it they really cannot function.

0:23:44.760 --> 0:23:47.919
<v Speaker 2>Yeah, I agree with you totally. One time I found

0:23:48.080 --> 0:23:51.720
<v Speaker 2>so I came across some video that said what does

0:23:51.760 --> 0:23:55.440
<v Speaker 2>it sound like to be a schizophrenic and be hearing voices?

0:23:55.560 --> 0:23:58.719
<v Speaker 2>And when I listened to it, I thought, wow, I

0:23:58.760 --> 0:24:02.199
<v Speaker 2>can't imagine to hear it, because you know how you

0:24:02.240 --> 0:24:05.000
<v Speaker 2>talk to yourself Sometimes you're like, is that what they hear?

0:24:05.200 --> 0:24:07.119
<v Speaker 2>That kind of thing? And it no, it sounds like

0:24:07.560 --> 0:24:10.760
<v Speaker 2>another like we're having a conversation right now, and if

0:24:10.800 --> 0:24:14.639
<v Speaker 2>another person was talking a little bit louder over us

0:24:14.640 --> 0:24:17.440
<v Speaker 2>to try to get me to hear and just hearing

0:24:17.520 --> 0:24:20.840
<v Speaker 2>like all these opinions from all these different places, that

0:24:20.840 --> 0:24:25.320
<v Speaker 2>that alone would just would just drive you crazy. Yeah,

0:24:25.440 --> 0:24:27.520
<v Speaker 2>you see these people walking down the street. We were

0:24:27.520 --> 0:24:29.280
<v Speaker 2>in New York the other day and the sky walked

0:24:29.280 --> 0:24:33.679
<v Speaker 2>by us and was just completely having a conversation with himself, right,

0:24:34.200 --> 0:24:36.439
<v Speaker 2>And I feel I agree with you. I feel so

0:24:36.600 --> 0:24:38.960
<v Speaker 2>terrible for people that are that are dealing with that

0:24:39.040 --> 0:24:42.200
<v Speaker 2>because they can't control it. And it's just.

0:24:43.640 --> 0:24:50.120
<v Speaker 3>When I first started practicing, there was not the movement

0:24:50.240 --> 0:24:53.320
<v Speaker 3>there is now for the mentally ill to get help,

0:24:54.119 --> 0:24:58.160
<v Speaker 3>and I think that the shift has been has been

0:24:58.200 --> 0:25:02.560
<v Speaker 3>a really positive one. You know, of course no system

0:25:02.680 --> 0:25:08.520
<v Speaker 3>is perfect, but when you are addressing criminals who are

0:25:08.600 --> 0:25:14.280
<v Speaker 3>mentally ill, if you can do something to help with

0:25:14.320 --> 0:25:17.000
<v Speaker 3>their mental illness, if you can get them on medication

0:25:17.720 --> 0:25:20.880
<v Speaker 3>and you get them so they're feeling better, they are

0:25:21.240 --> 0:25:23.639
<v Speaker 3>much less likely to commit any crime.

0:25:25.520 --> 0:25:27.560
<v Speaker 2>I have this big thing that I feel that way

0:25:27.560 --> 0:25:31.040
<v Speaker 2>about mental health. And I think that if you could

0:25:31.080 --> 0:25:33.880
<v Speaker 2>call and get an appointment as easy as you can

0:25:33.960 --> 0:25:36.280
<v Speaker 2>with like a primary care doctor or something, to get

0:25:36.320 --> 0:25:39.199
<v Speaker 2>mental health treatment, and it was covered by insurance and

0:25:39.240 --> 0:25:41.639
<v Speaker 2>it was all treated the same way, I feel like

0:25:41.680 --> 0:25:46.000
<v Speaker 2>there would be a ton less problems just in America alone.

0:25:46.440 --> 0:25:48.600
<v Speaker 3>No doubt, no doubt in my mind, I mean no

0:25:48.640 --> 0:25:51.280
<v Speaker 3>doubt in my mind. And you know, I'm somebody as

0:25:51.320 --> 0:25:56.560
<v Speaker 3>a practitioner I can say there are too many people

0:25:56.600 --> 0:26:01.879
<v Speaker 3>that I represent who have had undie knows untreated mental

0:26:01.920 --> 0:26:05.000
<v Speaker 3>health issues for decades, for decades.

0:26:05.440 --> 0:26:07.440
<v Speaker 2>Yeah, and it's a hard I've dealt with that too

0:26:07.480 --> 0:26:09.840
<v Speaker 2>throughout my life. It's just like a horrible it's a

0:26:09.880 --> 0:26:12.760
<v Speaker 2>horrible way to live too, if there's a way that

0:26:12.840 --> 0:26:14.000
<v Speaker 2>you can get help for it.

0:26:20.000 --> 0:26:22.480
<v Speaker 1>This episode is brought to you by The Gross Room.

0:26:22.560 --> 0:26:24.880
<v Speaker 1>Do you want to explain for everybody the awesome work

0:26:24.920 --> 0:26:25.520
<v Speaker 1>you do in there?

0:26:26.000 --> 0:26:28.400
<v Speaker 2>Yeah, So the Grossroom is kind of it was kind

0:26:28.480 --> 0:26:31.640
<v Speaker 2>of born because of the extreme censorship that I get

0:26:31.680 --> 0:26:35.080
<v Speaker 2>on Instagram, and I made this blog that you can

0:26:35.200 --> 0:26:38.280
<v Speaker 2>join and you could subscribe to, and I do post

0:26:38.400 --> 0:26:41.440
<v Speaker 2>deeper dives into all of the news stories. So, for example,

0:26:41.520 --> 0:26:46.760
<v Speaker 2>last week we talked about NFL player Michael Williams and

0:26:47.119 --> 0:26:50.080
<v Speaker 2>his death, his untimely death at thirty six years old

0:26:50.440 --> 0:26:53.640
<v Speaker 2>from a dental abscess. So I do a deeper dive

0:26:53.720 --> 0:26:56.200
<v Speaker 2>into cases like that to show like what that would

0:26:56.240 --> 0:27:00.199
<v Speaker 2>look at like at autopsy and kind of go to

0:27:00.320 --> 0:27:03.359
<v Speaker 2>more details than we can get into on Instagram or

0:27:03.400 --> 0:27:07.600
<v Speaker 2>the podcast, especially because some of them are autopsy pictures

0:27:07.600 --> 0:27:10.960
<v Speaker 2>and stuff can be really graphic. And we also just

0:27:11.040 --> 0:27:12.920
<v Speaker 2>do so many things, like I was telling you that

0:27:13.119 --> 0:27:16.359
<v Speaker 2>the Southwest flight, we look at cases that a were

0:27:16.480 --> 0:27:19.479
<v Speaker 2>kind of high profile, and we break it down and

0:27:19.480 --> 0:27:22.040
<v Speaker 2>we show all of the photos that we can find

0:27:22.040 --> 0:27:25.119
<v Speaker 2>from those cases, but also just what things might have

0:27:25.240 --> 0:27:28.800
<v Speaker 2>looked like at autopsy when these people died. So I

0:27:28.800 --> 0:27:32.359
<v Speaker 2>think it's a really educational website, but we also have

0:27:32.480 --> 0:27:34.520
<v Speaker 2>a lot of fun. It's a great group of people.

0:27:35.080 --> 0:27:37.399
<v Speaker 2>You could comment back and forth to each other. People

0:27:37.440 --> 0:27:40.800
<v Speaker 2>have made friends on the Gross Room and we just

0:27:40.880 --> 0:27:43.440
<v Speaker 2>love it. And there's posts every day, lots of content,

0:27:43.520 --> 0:27:46.920
<v Speaker 2>lots of videos, audio. We do audio of a lot

0:27:46.920 --> 0:27:50.399
<v Speaker 2>of things. And actually we were doing this podcast for

0:27:50.560 --> 0:27:54.320
<v Speaker 2>like what a year before we started this public one,

0:27:54.880 --> 0:27:57.280
<v Speaker 2>So if you're interested in the podcast too, you could

0:27:57.320 --> 0:27:59.720
<v Speaker 2>go back and listen to all of the old episodes

0:27:59.760 --> 0:28:01.760
<v Speaker 2>when me and Maria were first starting out with this

0:28:01.800 --> 0:28:05.600
<v Speaker 2>and we're stuttering all the time. But yeah, it's it's cool,

0:28:05.640 --> 0:28:07.600
<v Speaker 2>and it's an it's just like a nice it's a

0:28:07.680 --> 0:28:10.280
<v Speaker 2>nice meeting place for people that like are into things

0:28:10.280 --> 0:28:12.120
<v Speaker 2>that are a little bit weird but want to learn

0:28:12.160 --> 0:28:16.280
<v Speaker 2>something too. It's it's it's awesome. I love it. Yeah.

0:28:16.359 --> 0:28:21.040
<v Speaker 1>So especially we have fifty episodes before Mother Knows Death launch,

0:28:21.040 --> 0:28:23.480
<v Speaker 1>you could tune into we read all of the high

0:28:23.520 --> 0:28:27.280
<v Speaker 1>profile and celebrity death the sections on audio. Today. For example,

0:28:27.320 --> 0:28:29.840
<v Speaker 1>I'll be adding a couple of pictures into this episode's

0:28:29.880 --> 0:28:33.879
<v Speaker 1>post for more information, So make sure to visit thoughgrossroom

0:28:34.080 --> 0:28:35.200
<v Speaker 1>dot com.

0:28:34.840 --> 0:28:36.960
<v Speaker 2>And you can join for only five ninety nine a month,

0:28:36.960 --> 0:28:40.440
<v Speaker 2>and if you hate it, then you could unjoined. But

0:28:40.680 --> 0:28:42.680
<v Speaker 2>you know what, we have sales once in a while

0:28:42.760 --> 0:28:44.800
<v Speaker 2>that you can join for only twenty dollars for the

0:28:44.840 --> 0:28:48.040
<v Speaker 2>whole year, and most people that start month a month,

0:28:48.080 --> 0:28:49.840
<v Speaker 2>they jump right on that because they just love it

0:28:49.920 --> 0:28:56.840
<v Speaker 2>so much. So see you in the grossroom. All right,

0:28:56.920 --> 0:28:59.240
<v Speaker 2>Let's get into some of the cases that I'm sure

0:28:59.240 --> 0:29:03.800
<v Speaker 2>you've been covered on all of your news channels as well. First,

0:29:03.880 --> 0:29:06.760
<v Speaker 2>let's talk about Scott Peterson that came out that came

0:29:06.800 --> 0:29:11.440
<v Speaker 2>out this week that just for for anyone that's unaware

0:29:11.480 --> 0:29:14.520
<v Speaker 2>of what's happening with that case he was he's saying

0:29:14.520 --> 0:29:17.200
<v Speaker 2>that he was wrongfully convicted in two thousand and four

0:29:17.320 --> 0:29:21.800
<v Speaker 2>for murdering his pregnant wife, Lacy Peterson, and she was

0:29:22.080 --> 0:29:25.360
<v Speaker 2>almost full term pregnant, so I think that he got

0:29:25.400 --> 0:29:30.080
<v Speaker 2>convicted of killing the unborn fetus as well. And that case,

0:29:30.840 --> 0:29:33.600
<v Speaker 2>I was like really attached to that case because that

0:29:33.760 --> 0:29:36.200
<v Speaker 2>was in my prime of being in school for all

0:29:36.280 --> 0:29:40.640
<v Speaker 2>this stuff, and I just and it just you related

0:29:40.680 --> 0:29:43.320
<v Speaker 2>to it just because it was a young pretty woman

0:29:43.400 --> 0:29:47.600
<v Speaker 2>who was pregnant and seemingly happy marriage by all accounts,

0:29:47.640 --> 0:29:51.040
<v Speaker 2>and she went missing, and it was it was crazy

0:29:51.080 --> 0:29:53.720
<v Speaker 2>how it all went down. But I think that he

0:29:53.840 --> 0:29:58.240
<v Speaker 2>was he was solely convicted on circumstantial evidence, right, Like

0:29:58.320 --> 0:30:02.320
<v Speaker 2>he had been cheating on his wife, and he had

0:30:02.320 --> 0:30:04.600
<v Speaker 2>told the woman he was cheating on her with that

0:30:04.680 --> 0:30:10.360
<v Speaker 2>his wife had died previously, and I mean, no happily

0:30:10.400 --> 0:30:13.160
<v Speaker 2>married man says that stuff, right, So that starts to

0:30:13.200 --> 0:30:15.840
<v Speaker 2>make him look a little bit shady. And then I

0:30:15.880 --> 0:30:20.239
<v Speaker 2>guess her body and his unborn son's body washed up

0:30:20.320 --> 0:30:23.400
<v Speaker 2>right around where he goes fishing and stuff. So he

0:30:23.440 --> 0:30:26.960
<v Speaker 2>got convicted. And the first time he was convicted and

0:30:27.080 --> 0:30:30.920
<v Speaker 2>put they gave him the death penalty, and then they

0:30:31.000 --> 0:30:33.840
<v Speaker 2>dropped I think in twenty twenty they dropped the death

0:30:33.880 --> 0:30:36.880
<v Speaker 2>penalty and put it to life in prison. And now

0:30:36.920 --> 0:30:40.360
<v Speaker 2>there's this group called the Los Angeles Innocent Project who's

0:30:40.440 --> 0:30:44.560
<v Speaker 2>trying to get him free from jail because they're saying,

0:30:44.800 --> 0:30:46.480
<v Speaker 2>I mean, he's been saying the whole time that he's

0:30:46.480 --> 0:30:52.320
<v Speaker 2>been innocent. Right, based on what you know about this case,

0:30:52.680 --> 0:30:55.840
<v Speaker 2>do you think that there's a potential that he can

0:30:55.920 --> 0:30:59.800
<v Speaker 2>get out and that he is innocent? Or is it.

0:31:00.360 --> 0:31:05.160
<v Speaker 3>So there's a few things that are very important to

0:31:05.240 --> 0:31:09.560
<v Speaker 3>understand in this case. Just because the La Innocence Project

0:31:09.720 --> 0:31:13.680
<v Speaker 3>or the Innocent Project the Nationwide Innocence Project, and those

0:31:13.680 --> 0:31:17.360
<v Speaker 3>are two separate entities take a case of review, it

0:31:17.400 --> 0:31:21.720
<v Speaker 3>doesn't necessarily mean that the person is innocent. Scott Petersen

0:31:21.800 --> 0:31:27.600
<v Speaker 3>has always maintained his innocence. He's also claimed that because

0:31:28.200 --> 0:31:31.920
<v Speaker 3>he was having an affair, because his alibi was shaky

0:31:32.000 --> 0:31:36.280
<v Speaker 3>at best, they really the prosecution, the law enforcement and

0:31:36.320 --> 0:31:40.880
<v Speaker 3>the prosecutors put blinders on and really only considered him

0:31:40.920 --> 0:31:44.680
<v Speaker 3>as their prime suspect, and there were people that should

0:31:44.680 --> 0:31:47.680
<v Speaker 3>have been interviewed. There was a burglary that occurred across

0:31:47.720 --> 0:31:54.400
<v Speaker 3>the street, and so he has always said, look, you

0:31:54.480 --> 0:31:59.400
<v Speaker 3>solely focused on me, and you neglected to follow any

0:31:59.440 --> 0:32:03.959
<v Speaker 3>and other any other leads that could have found the killer.

0:32:04.760 --> 0:32:07.880
<v Speaker 3>In terms of why the death penalty, why he was

0:32:07.920 --> 0:32:10.520
<v Speaker 3>given life in prison or not the death penalty, was

0:32:10.560 --> 0:32:16.560
<v Speaker 3>because one of the jurors did not fully disclose an

0:32:16.680 --> 0:32:19.520
<v Speaker 3>area that was really a conflict of interest for her.

0:32:20.000 --> 0:32:23.560
<v Speaker 3>So during va dayer, she did not disclose that she

0:32:23.640 --> 0:32:27.400
<v Speaker 3>had taken out a restraining order against somebody and she

0:32:27.520 --> 0:32:32.560
<v Speaker 3>was pregnant at the time, so the California Supreme Court

0:32:32.640 --> 0:32:37.440
<v Speaker 3>reversed and although the conviction stood, he was converted to

0:32:37.520 --> 0:32:42.520
<v Speaker 3>life in prison. With the invent of DNA testing, which

0:32:42.560 --> 0:32:47.720
<v Speaker 3>has really become sort of the new frontier, and the

0:32:47.760 --> 0:32:51.280
<v Speaker 3>Innocence Project as a whole, not just not just the

0:32:51.320 --> 0:32:56.400
<v Speaker 3>Los Angeles Innocence Project has exonerated about two hundred and

0:32:56.400 --> 0:33:03.160
<v Speaker 3>fifty seven people. Two of those exonerations was were based

0:33:03.200 --> 0:33:09.360
<v Speaker 3>on DNA evidence that showed conclusively that it was somebody else.

0:33:10.280 --> 0:33:15.840
<v Speaker 3>So the argument is there may be newly discovered evidence,

0:33:16.040 --> 0:33:20.480
<v Speaker 3>i e. DNA evidence that will point in another direction.

0:33:21.840 --> 0:33:26.240
<v Speaker 3>They have also claimed that his state and federal constitutional

0:33:26.320 --> 0:33:33.480
<v Speaker 3>rights were violated and they really did not interview or

0:33:33.600 --> 0:33:37.040
<v Speaker 3>follow up on many potential leads that could have sent

0:33:37.080 --> 0:33:41.280
<v Speaker 3>them in a different direction. So the La Innocence Project

0:33:41.800 --> 0:33:47.440
<v Speaker 3>has his appellate attorneys have filed a habeas petition on

0:33:47.520 --> 0:33:51.200
<v Speaker 3>his behalf, and in conjunction with that, the La Innocence

0:33:51.280 --> 0:33:55.040
<v Speaker 3>Project has also filed something saying that they will associate

0:33:55.080 --> 0:33:58.040
<v Speaker 3>themselves into the case, which means that they will assist

0:33:58.520 --> 0:34:01.520
<v Speaker 3>in his defense, and they have asked for a series

0:34:01.600 --> 0:34:06.200
<v Speaker 3>of additional information, interviews, that may have been conducted at

0:34:06.240 --> 0:34:11.040
<v Speaker 3>the time, and there's some claim that some of that

0:34:11.239 --> 0:34:15.839
<v Speaker 3>evidence that was collected and should have been stored has

0:34:15.920 --> 0:34:19.960
<v Speaker 3>now been destroyed. So they are asking the court for

0:34:20.000 --> 0:34:23.279
<v Speaker 3>the prosecution to turn over all of that evidence and

0:34:23.320 --> 0:34:26.000
<v Speaker 3>if they don't have that evidence to explain why they

0:34:26.040 --> 0:34:30.080
<v Speaker 3>do not, as well as this new DNA evidence that

0:34:30.120 --> 0:34:30.960
<v Speaker 3>they are testing.

0:34:32.280 --> 0:34:36.520
<v Speaker 2>So is it common? Because I do, although I pretty

0:34:36.560 --> 0:34:38.400
<v Speaker 2>much think that he did it, like just as my

0:34:38.480 --> 0:34:41.400
<v Speaker 2>personal opinion, just because of how he was acting and stuff,

0:34:41.880 --> 0:34:45.480
<v Speaker 2>and I'm sure that's why everybody else thought that as well,

0:34:45.520 --> 0:34:48.960
<v Speaker 2>which is why he got convicted ultimately. But isn't it

0:34:49.040 --> 0:34:51.120
<v Speaker 2>I do think it's kind of weird that they don't

0:34:51.160 --> 0:34:54.880
<v Speaker 2>have any They didn't have any concrete evidence like linking

0:34:54.960 --> 0:34:58.160
<v Speaker 2>him to that crime, and he was able to get

0:34:58.320 --> 0:35:01.520
<v Speaker 2>the death penalty like it. It didn't seem like they

0:35:01.600 --> 0:35:04.520
<v Speaker 2>had DNA or blood or anything.

0:35:05.480 --> 0:35:10.000
<v Speaker 3>Circumstantial evidence is just as strong as a physical evidence,

0:35:10.440 --> 0:35:15.440
<v Speaker 3>and you don't need a confession. So once there are

0:35:15.480 --> 0:35:18.200
<v Speaker 3>two phases in a trial in California, there's the guilt

0:35:18.239 --> 0:35:22.319
<v Speaker 3>phase and then there's the sentencing phase. Once guilt has

0:35:22.360 --> 0:35:27.440
<v Speaker 3>been established, the phase that focuses on sentencing, whether you

0:35:27.560 --> 0:35:30.799
<v Speaker 3>get life in prison without the possibility of parole, which

0:35:30.880 --> 0:35:33.960
<v Speaker 3>we call elwomp, or the death penalty does not re

0:35:34.239 --> 0:35:39.640
<v Speaker 3>litigate the circumstances of the conviction. It talks about and

0:35:39.719 --> 0:35:44.560
<v Speaker 3>it focuses on the person's childhood in mitigation, did they

0:35:44.600 --> 0:35:48.600
<v Speaker 3>suffer trauma, and then the circumstances in aggravation, and the

0:35:48.640 --> 0:35:54.080
<v Speaker 3>circumstances in aggravation after they determined his guilt. Right, so

0:35:54.120 --> 0:35:56.360
<v Speaker 3>you can no longer focus on whether or not he

0:35:56.520 --> 0:35:59.920
<v Speaker 3>was guilty or the strength or weaknesses of their case.

0:36:00.440 --> 0:36:03.760
<v Speaker 3>You're now talking about the methods by which the person

0:36:03.880 --> 0:36:08.280
<v Speaker 3>was killed, and the fact that she was with child

0:36:08.680 --> 0:36:12.720
<v Speaker 3>and she was about to give birth was a factor

0:36:12.840 --> 0:36:17.440
<v Speaker 3>in aggravation. The lying in wait, the planning of it,

0:36:17.560 --> 0:36:21.200
<v Speaker 3>the heinous nature of it. All of those things were

0:36:21.280 --> 0:36:23.600
<v Speaker 3>used by the jury to determine whether or not he

0:36:23.680 --> 0:36:28.360
<v Speaker 3>should have been given the death penalty. So it's not

0:36:28.520 --> 0:36:31.600
<v Speaker 3>something where you are allowed to sort of look back

0:36:31.640 --> 0:36:36.000
<v Speaker 3>and say, well, it was only based on circumstantial evidence,

0:36:36.080 --> 0:36:40.759
<v Speaker 3>because in a court of law, circumstantial evidence is just

0:36:40.800 --> 0:36:43.760
<v Speaker 3>as strong as physical evidence in terms of a burden

0:36:43.800 --> 0:36:44.240
<v Speaker 3>of proof.

0:36:45.239 --> 0:36:48.680
<v Speaker 2>Interesting, Okay, we're going to talk about another case. This

0:36:48.719 --> 0:36:51.840
<v Speaker 2>one happened a long time ago but is still ongoing,

0:36:52.600 --> 0:36:55.000
<v Speaker 2>The butcher of Bella Rose. I don't know if you're

0:36:55.040 --> 0:36:59.160
<v Speaker 2>familiar with that case, but this happened in We talked

0:36:59.200 --> 0:37:01.800
<v Speaker 2>about this on other knows that this started. In nineteen

0:37:01.880 --> 0:37:06.000
<v Speaker 2>sixty eight, a teenage boy named Vincent DeRosa kidnapped and

0:37:06.080 --> 0:37:09.680
<v Speaker 2>murdered a four year old girl and stuffed her beaten

0:37:09.800 --> 0:37:14.000
<v Speaker 2>body in a suitcase, and it was she was missing.

0:37:14.040 --> 0:37:16.400
<v Speaker 2>They thought she was kidnapped, and then he admitted that

0:37:16.520 --> 0:37:20.080
<v Speaker 2>he killed her and put her in the attic or

0:37:20.120 --> 0:37:23.960
<v Speaker 2>in his addict in the suitcase. There was no actual

0:37:24.239 --> 0:37:28.799
<v Speaker 2>evidence or that he didn't They didn't have to find

0:37:28.840 --> 0:37:31.120
<v Speaker 2>any evidence. But there was no evidence of sexual assault.

0:37:31.840 --> 0:37:35.360
<v Speaker 2>So I don't really know why. He never really said

0:37:35.400 --> 0:37:38.960
<v Speaker 2>why he did it, because she apparently she was sitting

0:37:38.960 --> 0:37:40.560
<v Speaker 2>on the stoop with her mom, and her mom went

0:37:40.560 --> 0:37:43.040
<v Speaker 2>in the house to go to the bathroom and left

0:37:43.080 --> 0:37:45.680
<v Speaker 2>the kid outside for a couple of minutes, and he

0:37:45.800 --> 0:37:48.120
<v Speaker 2>just did that, and he was he was a teenager though,

0:37:48.600 --> 0:37:52.440
<v Speaker 2>so he was charged with manslaughter, served sometime in prison,

0:37:52.560 --> 0:37:55.239
<v Speaker 2>and was released in nineteen seventy five, when he was

0:37:55.280 --> 0:37:58.680
<v Speaker 2>twenty three years old. And then in nineteen eighty three,

0:37:58.840 --> 0:38:01.480
<v Speaker 2>he was drinking with any eighteen year old exchange student

0:38:01.520 --> 0:38:05.920
<v Speaker 2>who went missing, and that later on his bones were

0:38:05.920 --> 0:38:08.920
<v Speaker 2>found in the garden of de Roses house. His brother

0:38:09.040 --> 0:38:12.439
<v Speaker 2>actually found them when he was gardening. So he got

0:38:12.480 --> 0:38:15.960
<v Speaker 2>sentenced to twenty five years to life for in prison

0:38:16.000 --> 0:38:20.200
<v Speaker 2>for that murder. And since then he served thirty five years.

0:38:20.280 --> 0:38:22.640
<v Speaker 2>And now the guy's seventy two years old and he's

0:38:22.680 --> 0:38:27.239
<v Speaker 2>getting released from prison again. So there's a lot going

0:38:27.280 --> 0:38:29.560
<v Speaker 2>on with this story. But I guess the first thing

0:38:29.680 --> 0:38:33.320
<v Speaker 2>is like, what's the difference with the with murder charges?

0:38:33.400 --> 0:38:37.080
<v Speaker 2>You hear first degree murder, second degree murder, manslaughter? What

0:38:37.120 --> 0:38:38.960
<v Speaker 2>are what do all those terms mean?

0:38:39.800 --> 0:38:43.960
<v Speaker 3>Okay, so I think it's important to understand that in

0:38:44.040 --> 0:38:47.520
<v Speaker 3>a murder charge, right, that there's an issue of especially

0:38:47.560 --> 0:38:52.320
<v Speaker 3>first degree murder is premeditation, but an intent to kill,

0:38:52.560 --> 0:38:55.200
<v Speaker 3>So there is an intent to kill. There's some subsets

0:38:55.600 --> 0:39:01.279
<v Speaker 3>of second degree murder where your actions our sex that

0:39:01.400 --> 0:39:05.000
<v Speaker 3>you have a willful you have a knowing and willful

0:39:05.040 --> 0:39:09.840
<v Speaker 3>disregard for human life. But when he was a juvenile,

0:39:10.880 --> 0:39:14.080
<v Speaker 3>and remember this is many many years ago, I consulted

0:39:14.120 --> 0:39:17.000
<v Speaker 3>with a friend of mine who practices criminal defense in York,

0:39:17.440 --> 0:39:20.400
<v Speaker 3>and he said, look, the laws have changed substantially since

0:39:20.440 --> 0:39:26.200
<v Speaker 3>the seventies, so at the time and if you're tried

0:39:26.360 --> 0:39:30.600
<v Speaker 3>as a juvenile, if you're tried as a juvenile, there

0:39:30.680 --> 0:39:33.480
<v Speaker 3>is an age for which you must be released, no

0:39:33.480 --> 0:39:37.440
<v Speaker 3>matter what the crime that you caused, that you committed.

0:39:38.520 --> 0:39:41.759
<v Speaker 3>In California, it's essentially twenty five years old. So if

0:39:41.800 --> 0:39:45.279
<v Speaker 3>you commit a crime when you're sixteen, you can be

0:39:45.320 --> 0:39:49.720
<v Speaker 3>held up to age twenty five. And in that case

0:39:49.840 --> 0:39:54.080
<v Speaker 3>he served. He served seven years on his sentence. He

0:39:54.280 --> 0:39:56.920
<v Speaker 3>was sixteen. I believe at the time of the crime

0:39:58.239 --> 0:40:03.160
<v Speaker 3>manslaughter is is that you are pleading to something where

0:40:03.160 --> 0:40:07.040
<v Speaker 3>it was not an intentional killing. So you cause enough,

0:40:07.520 --> 0:40:11.239
<v Speaker 3>you cause sufficient harm to result in the death, but

0:40:11.280 --> 0:40:15.120
<v Speaker 3>you did not intention You did not intend to kill

0:40:15.160 --> 0:40:15.760
<v Speaker 3>that person.

0:40:17.080 --> 0:40:20.640
<v Speaker 2>Okay, So that makes sense, I guess because he had said,

0:40:21.560 --> 0:40:24.520
<v Speaker 2>I don't know exactly why he took the child, which

0:40:24.680 --> 0:40:27.719
<v Speaker 2>is alarming to me. Why would why did you even

0:40:27.719 --> 0:40:31.440
<v Speaker 2>take her? Kidnap her? But he did say that she

0:40:31.680 --> 0:40:34.840
<v Speaker 2>wasn't she wasn't being quiet, so he stuffed a socker

0:40:34.880 --> 0:40:37.400
<v Speaker 2>or something in her mouth. So maybe that's.

0:40:37.920 --> 0:40:39.960
<v Speaker 3>So that would that would be that would be an

0:40:40.040 --> 0:40:43.799
<v Speaker 3>explanation that he did not intend to kill her. It's

0:40:44.040 --> 0:40:49.360
<v Speaker 3>an unlawful killing, but without the intent to kill, okay,

0:40:49.440 --> 0:40:52.839
<v Speaker 3>So so that would explain a manslaughter charge. As to

0:40:52.880 --> 0:40:56.680
<v Speaker 3>the second charge, it's a very interest And again the

0:40:56.760 --> 0:41:02.520
<v Speaker 3>laws are different now. But when you are given an

0:41:02.520 --> 0:41:08.799
<v Speaker 3>indeterminative sentence, you must serve twenty five years. So if

0:41:08.840 --> 0:41:12.359
<v Speaker 3>you're given a twenty five year to life sentence, you're

0:41:12.400 --> 0:41:16.440
<v Speaker 3>then eligible for parole after you serve the twenty five

0:41:16.840 --> 0:41:21.840
<v Speaker 3>year sence. New York now requires that you serve at

0:41:21.960 --> 0:41:25.840
<v Speaker 3>least eighty five percent of the sentence before you're released.

0:41:27.360 --> 0:41:31.399
<v Speaker 3>When he was released or now the parole board has

0:41:31.480 --> 0:41:37.040
<v Speaker 3>determined that he is fit to be released. They generally

0:41:37.120 --> 0:41:41.560
<v Speaker 3>look at your behavior while you've been in custody, how

0:41:41.600 --> 0:41:46.680
<v Speaker 3>long you've served, your age now, your health, and what

0:41:46.960 --> 0:41:52.440
<v Speaker 3>is the probability of recidivism. Now, what's interesting here is

0:41:52.440 --> 0:41:54.960
<v Speaker 3>that the family claims that they were not given prior

0:41:55.080 --> 0:41:58.719
<v Speaker 3>notice of his release and that they really didn't have

0:41:58.760 --> 0:42:03.640
<v Speaker 3>the opportunity to object to be him being released. So

0:42:03.920 --> 0:42:06.880
<v Speaker 3>although he's going to be in his seventies when released,

0:42:08.480 --> 0:42:13.040
<v Speaker 3>in a lot of states under these type of circumstances,

0:42:13.520 --> 0:42:16.759
<v Speaker 3>they may be held a lot longer than twenty five years,

0:42:17.480 --> 0:42:22.319
<v Speaker 3>specifically in California. If you're given an indeterminative sentence, the

0:42:22.640 --> 0:42:27.120
<v Speaker 3>likelihood that your paroled is relatively low. You do serve

0:42:27.960 --> 0:42:31.080
<v Speaker 3>much more than the base term of the twenty five years.

0:42:32.440 --> 0:42:36.480
<v Speaker 2>That's good to know because I'm just thinking, for well,

0:42:37.280 --> 0:42:40.400
<v Speaker 2>so the child that got kidnapped and murdered her brother

0:42:40.600 --> 0:42:45.160
<v Speaker 2>is still alive, and it's terrible that the family has

0:42:45.239 --> 0:42:47.359
<v Speaker 2>to go through this and know that this guy is

0:42:47.480 --> 0:42:52.200
<v Speaker 2>walking around yet again. But it's good to know that

0:42:52.280 --> 0:42:54.760
<v Speaker 2>this is kind of a rare thing that it doesn't

0:42:54.840 --> 0:42:57.480
<v Speaker 2>happen as much that you would have a person that

0:42:57.640 --> 0:43:00.480
<v Speaker 2>killed two people that's walking around on the street. Now,

0:43:00.480 --> 0:43:04.360
<v Speaker 2>it's just scary for me, even just or any person.

0:43:04.680 --> 0:43:08.520
<v Speaker 3>And I think the fact that this is making headlines

0:43:08.560 --> 0:43:14.080
<v Speaker 3>and that there's a spotlight on this case, attention needs

0:43:14.120 --> 0:43:17.080
<v Speaker 3>to be brought to the fact this is somebody who

0:43:17.120 --> 0:43:21.440
<v Speaker 3>has proven not once but twice their ability and willingness

0:43:21.440 --> 0:43:25.239
<v Speaker 3>to kill people. So and there's no doubt that when

0:43:25.280 --> 0:43:29.640
<v Speaker 3>he's released, it's not as though he's released and freed,

0:43:29.800 --> 0:43:32.840
<v Speaker 3>he is released and placed on parole. There will be

0:43:32.880 --> 0:43:36.840
<v Speaker 3>somebody monitoring it. There are conditions of parole. If you

0:43:37.040 --> 0:43:41.560
<v Speaker 3>violate those, they return back to prison. But here a

0:43:41.640 --> 0:43:45.800
<v Speaker 3>parole bird determined that he had served thirty five years

0:43:45.840 --> 0:43:48.839
<v Speaker 3>of a twenty five year life to sentence, that he

0:43:49.160 --> 0:43:54.279
<v Speaker 3>must have he must have his conduct must have been appropriate,

0:43:54.800 --> 0:43:57.879
<v Speaker 3>that he didn't have a lot of violations or write ups,

0:43:57.920 --> 0:44:01.360
<v Speaker 3>that he probably took some classes while he was incarcerated,

0:44:01.840 --> 0:44:04.640
<v Speaker 3>and they felt that he had served sufficient amount of time.

0:44:05.040 --> 0:44:09.719
<v Speaker 3>That does not bring relief and satisfaction to most victims' families,

0:44:11.000 --> 0:44:14.359
<v Speaker 3>and so I'm sure this case will be highly scrutinized.

0:44:14.400 --> 0:44:20.319
<v Speaker 3>I'm sure that the parole board had a detailed explanation

0:44:20.440 --> 0:44:23.480
<v Speaker 3>as to why they believed he should be released. But

0:44:23.600 --> 0:44:26.920
<v Speaker 3>in my experience, this is the anomaly. This is not

0:44:27.560 --> 0:44:28.680
<v Speaker 3>common course.

0:44:29.360 --> 0:44:32.400
<v Speaker 2>Okay, because that was one of my questions. I'm just

0:44:32.480 --> 0:44:35.680
<v Speaker 2>thinking about the Lacy Peterson case. Like I told you,

0:44:35.719 --> 0:44:38.360
<v Speaker 2>I was really attached to it, and I just remember,

0:44:38.480 --> 0:44:42.120
<v Speaker 2>I'll never forget her mom on the news crying about

0:44:42.239 --> 0:44:45.880
<v Speaker 2>her daughter getting murdered and how chilling that was to

0:44:45.920 --> 0:44:50.920
<v Speaker 2>hear her, and then thinking about Okay, so at least

0:44:51.160 --> 0:44:54.320
<v Speaker 2>she got the satisfaction that the person that she believed

0:44:54.400 --> 0:44:58.040
<v Speaker 2>killed her daughter was getting the death penalty, and then

0:44:58.320 --> 0:45:01.200
<v Speaker 2>she had to go through years later of it getting dropped,

0:45:01.600 --> 0:45:04.960
<v Speaker 2>and now she's hearing this. It almost makes me feel

0:45:04.960 --> 0:45:07.680
<v Speaker 2>that even if a sentence is given to someone, there's no,

0:45:08.200 --> 0:45:11.200
<v Speaker 2>it's not always permanent. Like that's what I would have thought,

0:45:11.200 --> 0:45:15.040
<v Speaker 2>that it was permanent that was happening. And it feels

0:45:15.040 --> 0:45:21.440
<v Speaker 2>like victims' families kind of continuously get revictimized. I mean,

0:45:21.520 --> 0:45:24.040
<v Speaker 2>think about even this guy's sister that was killed in

0:45:24.160 --> 0:45:28.000
<v Speaker 2>nineteen sixty eight, it's twenty twenty four and he's still

0:45:28.440 --> 0:45:33.520
<v Speaker 2>getting victimized by this guy. It's just really sad, right, I.

0:45:33.440 --> 0:45:36.200
<v Speaker 3>Mean, in many of these cases, they have to relive

0:45:36.280 --> 0:45:40.840
<v Speaker 3>the story over and over again. But in our system,

0:45:42.480 --> 0:45:47.279
<v Speaker 3>they do have parole and people are entitled to a

0:45:47.320 --> 0:45:51.080
<v Speaker 3>parole hearing. And on the flip side of that, there

0:45:51.120 --> 0:45:56.560
<v Speaker 3>are people who have made such great rehabilitative steps while

0:45:56.560 --> 0:46:00.560
<v Speaker 3>they've been incarcerated that keeping them there in debt definitely

0:46:00.680 --> 0:46:05.120
<v Speaker 3>would also be injust And I'm thinking about Leslie van Houghton,

0:46:05.200 --> 0:46:08.680
<v Speaker 3>I'm thinking about the Manson case. Oh yeah, that has

0:46:08.760 --> 0:46:12.680
<v Speaker 3>been very, very controversial to people for many years, and

0:46:12.840 --> 0:46:16.560
<v Speaker 3>she had been repeatedly denied parole over and over again,

0:46:17.160 --> 0:46:20.600
<v Speaker 3>despite the fact that she was a modern parole for,

0:46:21.280 --> 0:46:24.920
<v Speaker 3>you know, for decades and decades. And so there were

0:46:25.000 --> 0:46:27.799
<v Speaker 3>people that came out on both sides that said, you know,

0:46:28.239 --> 0:46:32.840
<v Speaker 3>she is rehabilitated, she should be allowed to walk free.

0:46:33.200 --> 0:46:36.040
<v Speaker 3>And then you have Sharon Tate's sister who said, my

0:46:36.160 --> 0:46:39.320
<v Speaker 3>sister will never ever again be able to walk free.

0:46:40.280 --> 0:46:44.120
<v Speaker 3>She you know, the but for her criminal actions. I

0:46:44.120 --> 0:46:47.000
<v Speaker 3>don't care how old she was at the time. We

0:46:47.080 --> 0:46:50.200
<v Speaker 3>will never see my you know, our loved one again.

0:46:50.680 --> 0:46:54.440
<v Speaker 3>So there are arguments on both sides. One of the

0:46:54.480 --> 0:46:59.360
<v Speaker 3>things that is happening is some of these cases where

0:46:59.520 --> 0:47:04.200
<v Speaker 3>people were convicted as a juvenile in a in a

0:47:04.239 --> 0:47:07.960
<v Speaker 3>gang related case, or or where they were a conspirator

0:47:08.000 --> 0:47:10.799
<v Speaker 3>but they weren't the shooter and they were juveniles. Some

0:47:10.840 --> 0:47:15.480
<v Speaker 3>of those cases are getting revisited because the the Supreme

0:47:15.520 --> 0:47:20.320
<v Speaker 3>Court has ruled that it's cruel and unusual punishment for

0:47:20.440 --> 0:47:24.200
<v Speaker 3>a juvenile to get the death penalty. And they're also

0:47:24.239 --> 0:47:29.040
<v Speaker 3>revisiting these cases where women shot their abusive spouse and

0:47:29.280 --> 0:47:32.959
<v Speaker 3>after years and years of abuse, they they shot them,

0:47:33.440 --> 0:47:38.360
<v Speaker 3>and they're they're reconsidering those cases and releasing some of

0:47:38.360 --> 0:47:42.000
<v Speaker 3>those women because under today's standards they may have been

0:47:42.040 --> 0:47:45.840
<v Speaker 3>able to use a self defense argument or a battered

0:47:45.880 --> 0:47:47.400
<v Speaker 3>woman syndrome argument.

0:47:48.200 --> 0:47:50.799
<v Speaker 2>Yeah. I hate to think that people are sitting in

0:47:50.880 --> 0:47:54.359
<v Speaker 2>jail that, like, especially a woman that would be an

0:47:54.400 --> 0:47:57.960
<v Speaker 2>abuse by her husband. I feel that way that they shouldn't.

0:47:58.080 --> 0:48:03.640
<v Speaker 2>They shouldn't be in jail. It's just continuing the abuse

0:48:03.920 --> 0:48:05.960
<v Speaker 2>in a sense. It's just not fair to them. So

0:48:06.120 --> 0:48:09.520
<v Speaker 2>I'm glad that they are revisiting some cases like that.

0:48:10.120 --> 0:48:13.120
<v Speaker 2>So on your gig on Access Hollywood, which is super

0:48:13.120 --> 0:48:16.000
<v Speaker 2>cool by the way, I'm sure you talked about Alec

0:48:16.080 --> 0:48:20.560
<v Speaker 2>Baldwin case because that's all the rage with the Hollywood. Now,

0:48:21.120 --> 0:48:23.959
<v Speaker 2>what are your thoughts on that. I have a couple

0:48:24.120 --> 0:48:29.960
<v Speaker 2>questions because I think this happened in October twenty twenty one,

0:48:30.160 --> 0:48:32.560
<v Speaker 2>and right away they said that he was going to

0:48:32.600 --> 0:48:35.800
<v Speaker 2>get charged with the manslaughter charge. I think he actually

0:48:35.800 --> 0:48:38.680
<v Speaker 2>did get charged with it, and then they drop the

0:48:38.800 --> 0:48:43.319
<v Speaker 2>charges because they weren't able to determine exactly if the

0:48:43.360 --> 0:48:46.680
<v Speaker 2>gun was malfunctioning or not. And now they're saying that

0:48:46.719 --> 0:48:49.520
<v Speaker 2>new evidence has come to late and they said that

0:48:49.600 --> 0:48:53.680
<v Speaker 2>a grand jury has decided that they were indicting him.

0:48:54.520 --> 0:48:56.000
<v Speaker 2>What are all those words mean?

0:48:56.840 --> 0:48:59.520
<v Speaker 3>Okay, Now this is a very interesting case, right. So

0:49:01.480 --> 0:49:06.919
<v Speaker 3>initially a special prosecutor was assigned to the case, and

0:49:07.440 --> 0:49:12.160
<v Speaker 3>the charges that were filed were not in existence at

0:49:12.200 --> 0:49:16.080
<v Speaker 3>the time that the act was committed, so you have

0:49:16.200 --> 0:49:19.520
<v Speaker 3>to so one of the one of the initial attacks

0:49:19.560 --> 0:49:22.319
<v Speaker 3>from the defense was one that was a legal one,

0:49:22.360 --> 0:49:27.080
<v Speaker 3>which was, you cannot charge someone with a crime that

0:49:27.239 --> 0:49:30.880
<v Speaker 3>wasn't in existence at the time. Okay. There also was

0:49:30.920 --> 0:49:35.120
<v Speaker 3>a question of the special prosecutor posing a conflict of

0:49:35.160 --> 0:49:40.200
<v Speaker 3>interest because she was, I believe involved in some political position.

0:49:41.120 --> 0:49:47.160
<v Speaker 3>So on those basises, the charges were dismissed. As to

0:49:47.200 --> 0:49:53.600
<v Speaker 3>Alec Baldwin, a grand jury was the unless a case

0:49:54.800 --> 0:50:01.600
<v Speaker 3>has been adjudicated by the by jury and the person

0:50:01.719 --> 0:50:07.040
<v Speaker 3>is found not guilty, double jeopardy does not apply. So

0:50:07.600 --> 0:50:12.000
<v Speaker 3>even though they dismissed, they dismissed without prejudice, meaning that

0:50:12.080 --> 0:50:15.560
<v Speaker 3>they could refile the case at a later date. A

0:50:15.719 --> 0:50:21.480
<v Speaker 3>grand jury was convened and this grand jury found at

0:50:21.560 --> 0:50:27.320
<v Speaker 3>least eight members had to agree that Alec Baldwin should,

0:50:27.360 --> 0:50:34.520
<v Speaker 3>in fact sheate face charges of involuntary manslaughter. And what's

0:50:34.560 --> 0:50:38.120
<v Speaker 3>interesting here is. If convicted, he faces a maximum of

0:50:38.160 --> 0:50:42.720
<v Speaker 3>eighteen months in prison. Is that Alec Baldwin has always

0:50:42.800 --> 0:50:47.600
<v Speaker 3>maintained that he never pulled the trigger. So not only

0:50:48.120 --> 0:50:50.960
<v Speaker 3>did he was he not in charge of the firearms.

0:50:51.400 --> 0:50:54.400
<v Speaker 3>Not only did he was he told repeatedly that there

0:50:54.400 --> 0:50:58.200
<v Speaker 3>were no live rounds on set. Not only was he

0:50:58.280 --> 0:51:03.160
<v Speaker 3>not he wasn't the one who loaded the firearm. He's saying,

0:51:03.239 --> 0:51:07.799
<v Speaker 3>I didn't even pull the trigger. So they then have

0:51:08.120 --> 0:51:12.400
<v Speaker 3>a new ballistics expert go and retest the gun, but

0:51:12.440 --> 0:51:15.080
<v Speaker 3>in order to do that, they had to disassemble the gun.

0:51:15.800 --> 0:51:19.839
<v Speaker 3>And this person has opined that there must have been

0:51:20.000 --> 0:51:24.200
<v Speaker 3>at least two pounds of pressure on the trigger and

0:51:24.320 --> 0:51:28.040
<v Speaker 3>therefore he must have pulled the trigger, and on that

0:51:28.200 --> 0:51:32.280
<v Speaker 3>basis they have filed this case against him.

0:51:32.719 --> 0:51:34.799
<v Speaker 2>Yeah, and I mean, of course he did. He's not

0:51:34.840 --> 0:51:38.120
<v Speaker 2>going to say. I just keep saying like he's going

0:51:38.200 --> 0:51:41.240
<v Speaker 2>to say whatever he could say to cover his ass.

0:51:41.280 --> 0:51:44.920
<v Speaker 2>I mean, that's I'm sure he feels terrible about it.

0:51:44.960 --> 0:51:48.759
<v Speaker 2>But do you do you think that he will actually

0:51:49.200 --> 0:51:53.359
<v Speaker 2>serve this eighteen months in prison if he ever, if

0:51:53.360 --> 0:51:55.600
<v Speaker 2>he ever really gets convicted, do you think that that

0:51:55.640 --> 0:51:56.840
<v Speaker 2>would actually happen?

0:51:57.640 --> 0:52:00.120
<v Speaker 3>If he gets convicted, I do not believe that he

0:52:00.120 --> 0:52:02.800
<v Speaker 3>will serve any time. I think he'll be placed on probation.

0:52:03.600 --> 0:52:07.200
<v Speaker 3>He has no criminal history, and given the facts of

0:52:07.239 --> 0:52:11.600
<v Speaker 3>the case, this is certainly not an intentional or wilful act.

0:52:11.760 --> 0:52:12.960
<v Speaker 3>Was it a reckless act?

0:52:13.280 --> 0:52:13.640
<v Speaker 1>Maybe?

0:52:14.719 --> 0:52:16.960
<v Speaker 3>I think that there'll be a battle of the experts

0:52:16.960 --> 0:52:21.000
<v Speaker 3>and what's common in the community and was this in

0:52:21.080 --> 0:52:25.480
<v Speaker 3>fact reckless or was there a wilful disregard for human life.

0:52:25.920 --> 0:52:30.239
<v Speaker 3>We have to remember that there were concerns about the

0:52:30.280 --> 0:52:33.480
<v Speaker 3>safety on the set. We also know that these guns

0:52:33.520 --> 0:52:37.160
<v Speaker 3>were taken out and used as firing practice. I think

0:52:37.520 --> 0:52:41.200
<v Speaker 3>Hannah gutierres Reeds, who is the armor on the set,

0:52:41.640 --> 0:52:46.640
<v Speaker 3>has a much more difficult case because she was in

0:52:46.800 --> 0:52:51.840
<v Speaker 3>charge of the weaponry. But al Baldwin was also the producer,

0:52:51.920 --> 0:52:57.520
<v Speaker 3>so he does he does have some responsibility to ensure

0:52:57.520 --> 0:53:01.160
<v Speaker 3>that that was a safe set that everybody was working on.

0:53:02.480 --> 0:53:05.520
<v Speaker 3>But I do believe that in a case like this,

0:53:05.880 --> 0:53:10.400
<v Speaker 3>the prosecution does have an fpill battle convincing twelve jurors

0:53:10.400 --> 0:53:16.160
<v Speaker 3>beyond a reasonable doubt that Alec Baldwin, who didn't load

0:53:16.200 --> 0:53:21.839
<v Speaker 3>the firearm, who someone handed him the gun, reassured them

0:53:21.840 --> 0:53:25.080
<v Speaker 3>there was no lie bullets, that he acted in willful

0:53:25.719 --> 0:53:29.799
<v Speaker 3>disregard of the safety of others negligence, which is a

0:53:29.880 --> 0:53:35.239
<v Speaker 3>lesser included charge potentially, but in terms of the more

0:53:35.400 --> 0:53:38.960
<v Speaker 3>serious felonious act, I'm not sure they'll get a conviction.

0:53:40.200 --> 0:53:43.040
<v Speaker 2>Yeah, I mean, I don't like him and his wife.

0:53:43.040 --> 0:53:47.360
<v Speaker 2>They're just kind of annoying people. But I think this

0:53:47.680 --> 0:53:52.000
<v Speaker 2>it's just I go back and forth because my husband's

0:53:52.440 --> 0:53:55.239
<v Speaker 2>a firearm person and he always says, you know, you

0:53:55.320 --> 0:53:58.360
<v Speaker 2>should never point it out a person unless you're ready

0:53:58.360 --> 0:54:01.960
<v Speaker 2>to kill them. You just don't. And whenever he's shown

0:54:02.040 --> 0:54:04.360
<v Speaker 2>me how to shoot, when we go to range or something,

0:54:04.600 --> 0:54:06.520
<v Speaker 2>he always shows me where to put my finger on

0:54:06.560 --> 0:54:08.440
<v Speaker 2>the side, and he's like, you just there's no reason

0:54:08.480 --> 0:54:10.319
<v Speaker 2>to ever put your finger on the trigger, and you

0:54:10.400 --> 0:54:13.479
<v Speaker 2>just don't do that, even if it's with a fake

0:54:13.520 --> 0:54:16.800
<v Speaker 2>gun or any It's just it's etiquette when you're holding

0:54:16.840 --> 0:54:21.359
<v Speaker 2>the weapon. So I understand that he shouldn't have been

0:54:21.400 --> 0:54:24.560
<v Speaker 2>doing that, But if he was doing a shot where

0:54:24.560 --> 0:54:26.799
<v Speaker 2>he was supposed to look like he was shooting the gun,

0:54:26.840 --> 0:54:29.359
<v Speaker 2>then his finger would obviously be on the trigger. That's

0:54:29.360 --> 0:54:34.160
<v Speaker 2>not unusual, and that's why I think it will cut.

0:54:34.200 --> 0:54:36.360
<v Speaker 3>That's why I do think it'll come down the battle

0:54:36.360 --> 0:54:39.960
<v Speaker 3>of the experts. I think that the prosecution is going

0:54:40.040 --> 0:54:43.560
<v Speaker 3>to show that this that this was very reckless, that

0:54:43.600 --> 0:54:47.800
<v Speaker 3>this was it was standard in the community to never fire,

0:54:48.239 --> 0:54:51.319
<v Speaker 3>to never point the gun at somebody, that it was

0:54:51.400 --> 0:54:54.400
<v Speaker 3>his duty, not just as an actor, as a producer.

0:54:54.800 --> 0:54:58.200
<v Speaker 3>And then you're going to have the defense arguing, first

0:54:58.200 --> 0:55:01.920
<v Speaker 3>of all, the gun that they gun, that this expert tested,

0:55:02.440 --> 0:55:11.160
<v Speaker 3>has been substantially deconstructed, and so it is impossible to

0:55:11.280 --> 0:55:15.120
<v Speaker 3>opine that this is exactly what happened on that day

0:55:15.200 --> 0:55:18.880
<v Speaker 3>because the gun has been modified, and not only that

0:55:19.000 --> 0:55:21.880
<v Speaker 3>it is not standard in the community for the actor

0:55:22.320 --> 0:55:25.960
<v Speaker 3>who has already been assured that there are no live

0:55:26.040 --> 0:55:29.480
<v Speaker 3>bullets and was not the one that loaded, and was

0:55:29.520 --> 0:55:32.319
<v Speaker 3>assured by the people who are supposed to be the

0:55:32.360 --> 0:55:36.200
<v Speaker 3>experts this is fine, and told to point at the

0:55:36.280 --> 0:55:42.200
<v Speaker 3>person that he did in willful disregard. Was it negligent?

0:55:42.440 --> 0:55:44.200
<v Speaker 3>I don't know, but I think that this is going

0:55:44.239 --> 0:55:46.359
<v Speaker 3>to be a very interesting question for the jury if

0:55:46.360 --> 0:55:50.359
<v Speaker 3>it ever gets there. But I don't foresee him doing

0:55:50.400 --> 0:55:51.960
<v Speaker 3>any jail time on a case like this.

0:55:52.880 --> 0:55:55.600
<v Speaker 2>Do you do you think it's weird and maybe this

0:55:55.680 --> 0:55:57.560
<v Speaker 2>has come up and I just haven't heard it, But

0:55:57.680 --> 0:56:00.319
<v Speaker 2>there was a couple of cameras in front of this

0:56:00.400 --> 0:56:03.120
<v Speaker 2>dude when this happened. None of the film was rolling,

0:56:03.200 --> 0:56:06.000
<v Speaker 2>and just they could just go back and say, Okay,

0:56:06.120 --> 0:56:07.600
<v Speaker 2>he did have his finger on a trick, or we'll

0:56:07.600 --> 0:56:09.400
<v Speaker 2>look at because he was pointing right at the camera

0:56:09.960 --> 0:56:11.240
<v Speaker 2>when when this happened.

0:56:12.320 --> 0:56:14.600
<v Speaker 3>That's a great question. I don't know the answer. I

0:56:14.640 --> 0:56:19.080
<v Speaker 3>have not read anywhere that they actually have video footage

0:56:19.160 --> 0:56:22.720
<v Speaker 3>of the actual incident. But that's something and of course

0:56:22.760 --> 0:56:26.239
<v Speaker 3>both sides will want to know if there's anything like that,

0:56:26.280 --> 0:56:28.480
<v Speaker 3>because you want to you want to you know, slow

0:56:28.520 --> 0:56:32.000
<v Speaker 3>it to frame by frame. That's you know, that may

0:56:32.040 --> 0:56:34.480
<v Speaker 3>be very helpful the prosecution or the defense. So I'm

0:56:34.520 --> 0:56:35.760
<v Speaker 3>sure they've looked into it.

0:56:36.719 --> 0:56:39.520
<v Speaker 2>Well before we wrap up today, I just are you

0:56:39.560 --> 0:56:41.919
<v Speaker 2>working on any other projects? I know that you're a mom,

0:56:42.000 --> 0:56:44.480
<v Speaker 2>you have a practice, you're a legal correspondent, you do

0:56:44.560 --> 0:56:46.960
<v Speaker 2>all this stuff. Are you working on anything else that

0:56:47.040 --> 0:56:49.040
<v Speaker 2>you want to share with us? You know?

0:56:49.280 --> 0:56:54.000
<v Speaker 3>I I thankfully, I'm super busy. I have a very

0:56:54.040 --> 0:56:59.600
<v Speaker 3>active criminal practice. Our firm probably has about sixty open cases,

0:56:59.680 --> 0:57:03.920
<v Speaker 3>so I I love doing that. I have worked for

0:57:04.080 --> 0:57:06.640
<v Speaker 3>Access Hollywood for a number of years. I have a

0:57:06.680 --> 0:57:12.239
<v Speaker 3>segment called Trending with Triso with Mario Lopez. I work

0:57:12.320 --> 0:57:18.440
<v Speaker 3>for KTLA and Next Star. And you know, I'm honored.

0:57:18.480 --> 0:57:21.560
<v Speaker 3>I'm honored that people like yourself asked me to come

0:57:21.600 --> 0:57:25.000
<v Speaker 3>on and get my legal thoughts about things. I think

0:57:25.000 --> 0:57:28.160
<v Speaker 3>that true crime is something that we can all appreciate

0:57:28.200 --> 0:57:32.840
<v Speaker 3>and enjoy and try and understand. And you know, thank

0:57:32.880 --> 0:57:33.520
<v Speaker 3>you for having me.

0:57:34.200 --> 0:57:36.840
<v Speaker 2>Yeah, thanks for being here. You really explain things in

0:57:36.880 --> 0:57:40.600
<v Speaker 2>a way for me to understand, which is awesome because

0:57:40.600 --> 0:57:42.480
<v Speaker 2>I think a lot of people hear these words on

0:57:42.520 --> 0:57:44.200
<v Speaker 2>the news all the time and we're like, what the

0:57:44.240 --> 0:57:46.960
<v Speaker 2>hell does this mean? So yeah, thank you, Thank you

0:57:47.000 --> 0:57:47.479
<v Speaker 2>so much.

0:57:47.600 --> 0:57:50.160
<v Speaker 3>Pleasure, so nice. Thank you, have a great.

0:57:50.040 --> 0:57:58.080
<v Speaker 2>Day, you too. Thank you for listening to Mother Knows Death.

0:57:58.840 --> 0:58:02.560
<v Speaker 2>As a reminder, my training is as a pathologist's assistant.

0:58:03.280 --> 0:58:06.760
<v Speaker 2>I have a master's level education and specialize in anatomy

0:58:06.800 --> 0:58:10.400
<v Speaker 2>and pathology education. I am not a doctor, and I

0:58:10.440 --> 0:58:14.240
<v Speaker 2>have not diagnosed or treated anyone dead or alive without

0:58:14.280 --> 0:58:19.680
<v Speaker 2>the assistance of a licensed medical doctor. This show, my website,

0:58:19.760 --> 0:58:23.120
<v Speaker 2>and social media accounts are designed to educate and inform

0:58:23.200 --> 0:58:27.440
<v Speaker 2>people based on my experience working in pathology so they

0:58:27.440 --> 0:58:30.880
<v Speaker 2>can make healthier decisions regarding their life and well being.

0:58:32.000 --> 0:58:34.880
<v Speaker 2>Always remember that science is changing every day and the

0:58:34.920 --> 0:58:38.160
<v Speaker 2>opinions expressed in this episode are based on my knowledge

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<v Speaker 2>of those subjects at the time of publication. If you

0:58:41.920 --> 0:58:45.800
<v Speaker 2>are having a medical problem, have a medical question, or

0:58:46.000 --> 0:58:50.240
<v Speaker 2>having a medical emergency, please contact your physician or visit

0:58:50.280 --> 0:58:55.360
<v Speaker 2>an urgent care center, emergency room, or hospital. Please rate, review,

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<v Speaker 2>and subscribe to Mother Knows Death on Apple, Spotify, YouTube,

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<v Speaker 2>or anywhere you get podcasts. Thanks