WEBVTT - David Schoen - December 6th, Hour 2 0:00:01.720 --> 0:00:04.520 Welcome back everybody. Our number two The Sean Hannity Show. 0:00:04.640 --> 0:00:08.200 Joe kancha Fox News contributor in for mister Hannity, and 0:00:08.280 --> 0:00:12.800 I got some breaking newspaper. Oh this is huge. I mean, 0:00:13.680 --> 0:00:16.440 if you thought this month since the election couldn't get 0:00:16.440 --> 0:00:21.640 any better, well, hold my beer because the New York 0:00:21.640 --> 0:00:26.000 Times opinion calmness, Paul Krugman. Krugman, Krugman, who cares, he's 0:00:26.040 --> 0:00:28.159 an ale. He is about to retire from The New 0:00:28.240 --> 0:00:33.040 York Times. Yes, America loves it. I'm sticking my microphone 0:00:33.040 --> 0:00:33.920 out the window right now. 0:00:34.159 --> 0:00:36.519 I have to ask Joe is he one of the 0:00:36.800 --> 0:00:38.800 preemptive pardons from uh job? 0:00:38.880 --> 0:00:41.400 I mean, I just need to know, you know, inquiring minds. 0:00:41.720 --> 0:00:44.599 That's a pretty you know, that's that's that's an excellent 0:00:44.640 --> 0:00:49.080 inquiry by Linda there. Yeah, I mean, Biden's giving these 0:00:49.120 --> 0:00:50.640 things out like emin M's at this point, so you 0:00:50.640 --> 0:00:52.040 got to think that maybe, yeah, you know. 0:00:52.320 --> 0:00:54.680 Come on, Biden's not giving anything out like Eminem, who's 0:00:54.680 --> 0:00:55.800 been asleep for about six months. 0:00:56.160 --> 0:00:59.000 Well it's a very good point. Whoever's running Biden giving 0:00:59.000 --> 0:01:06.960 out pot pardons, including Adams shift preemptively. Liz Cheney preemptively, Fauci, preemptively. 0:01:07.040 --> 0:01:09.720 Mark Millie pres Shift just resigned too. Here they're saying 0:01:09.760 --> 0:01:11.039 he's going for the Senate seat. 0:01:11.840 --> 0:01:13.520 Didn't he win? I think it did. 0:01:13.760 --> 0:01:14.720 Yeah, that's what I'm saying. 0:01:14.720 --> 0:01:17.200 But like you know, when he was doing his resignation 0:01:17.280 --> 0:01:19.039 and going for the Senate seat, he had all that 0:01:19.080 --> 0:01:21.160 money coming in from Hershawn, he knew that he was 0:01:21.160 --> 0:01:23.040 going to get clear by Biden with all this stuff. 0:01:23.200 --> 0:01:25.520 Wow, it's all a fixed fight. Well, the swamp is 0:01:25.560 --> 0:01:28.759 about to get a rude awakening call come January twentieth 0:01:28.800 --> 0:01:31.039 when Donald Trump is sworn in. I think I'll be there, 0:01:31.080 --> 0:01:33.920 by the way, which it better be warm. Washington can 0:01:33.959 --> 0:01:36.160 be very hot in summer, very cold during the winter. 0:01:36.240 --> 0:01:37.800 So I know I sound like a diva right now, 0:01:37.800 --> 0:01:39.440 and go to stop before I get myself in trouble. 0:01:39.640 --> 0:01:41.959 Here's your second big breaking news before we get to 0:01:42.000 --> 0:01:45.920 our guest, David Showan, and that is that Eric Adams 0:01:46.319 --> 0:01:50.480 is considering jumping ship from the Democratic Party and Republican. 0:01:50.720 --> 0:01:53.760 A Republican in New York loveson as well, deep blue 0:01:53.840 --> 0:01:55.120 New York, Linda. 0:01:55.480 --> 0:01:58.760 I mean, the problem with Adams is Adams has a 0:01:58.840 --> 0:02:02.160 sort of passed. And I think if the Democrat Party 0:02:02.240 --> 0:02:04.559 was investigating me and had the FBI raiding my house, 0:02:04.600 --> 0:02:05.680 I might switch parties too. 0:02:05.880 --> 0:02:08.720 Just seriously. Quote, my focus is the American people and 0:02:08.720 --> 0:02:10.760 the people of New York City, and those who don't 0:02:10.840 --> 0:02:13.600 like it, they would cancel me, and I say, cancel me. 0:02:13.919 --> 0:02:16.960 I'm for America, all right, Eric, Well, you know the 0:02:17.000 --> 0:02:19.080 tent is very big, as you know. I mean, Trump 0:02:19.160 --> 0:02:22.760 bought in Elon Musk and Tulsea Gabbard and Bobby Kennedy Junior. 0:02:23.160 --> 0:02:25.639 I could go on, but it's a big tent. And 0:02:26.040 --> 0:02:29.160 Eric Adams, Republican mayor of New York, boy, that would 0:02:29.200 --> 0:02:33.119 just be the ultimate sting for Democrats in this deep 0:02:33.120 --> 0:02:35.080 a blue New York, which is not so deep blue anymore. 0:02:35.280 --> 0:02:38.639 Donald Trump, what eleven points he turned New York from 0:02:38.639 --> 0:02:42.079 the last election, eleven points he turned New Jersey from 0:02:42.080 --> 0:02:44.600 the last election. I'm telling you twenty twenty eight, New 0:02:44.680 --> 0:02:47.480 Jersey will be a swing state in New York. You're 0:02:47.480 --> 0:02:49.959 probably going to see jd Vance or whoever the Republican 0:02:50.000 --> 0:02:52.720 nominee campaign in New York the way Donald Trump did, 0:02:52.880 --> 0:02:55.160 because maybe it can be had. Maybe people are tired 0:02:55.200 --> 0:02:58.000 of the Democratic party, but quite frankly, outside of hey, 0:02:58.040 --> 0:03:00.360 we want abortion on demand, any time, anywhere, what is 0:03:00.400 --> 0:03:02.400 their message these days? Because you can't run on the 0:03:02.400 --> 0:03:04.880 whole nobody is above the law crap anymore, So I 0:03:04.919 --> 0:03:07.640 guess that's basically all they got. Anyway, before I go 0:03:07.680 --> 0:03:09.720 off on a tangent, we have to bring in our 0:03:09.760 --> 0:03:14.240 next guest, because this case is just dominating the news 0:03:14.240 --> 0:03:18.920 cycle today as far as Daniel Penny and the fact 0:03:18.960 --> 0:03:22.880 that his man Shorter, a manslaughter excuse me charge against 0:03:22.960 --> 0:03:26.240 him has been dismissed, but now the judge is telling 0:03:26.320 --> 0:03:29.560 the jury to deliberate on a lesser charge. That's not 0:03:29.639 --> 0:03:33.040 going to happen today. It's going to happen on Monday. 0:03:33.080 --> 0:03:37.520 So without further ado, let's bring in David Shoan, who Linda, 0:03:37.640 --> 0:03:40.240 who obviously is our great producer here, said that this 0:03:40.360 --> 0:03:44.920 is absolutely the best person to talk about this because well, David, 0:03:44.960 --> 0:03:46.800 I mean, this is your wheelhouse. So I'm just going 0:03:46.880 --> 0:03:49.400 to hand and the floor over to you. From a 0:03:49.440 --> 0:03:53.080 legal perspective, what if the jury or the judge, what 0:03:53.120 --> 0:03:56.760 if the jury can't also agree on the lesser charge? 0:03:56.800 --> 0:03:58.680 Then is that if for this case, or walk me 0:03:58.720 --> 0:03:59.800 through it like I'm a four year old. 0:04:00.280 --> 0:04:02.040 Yeah, I mean, well, you know, a four year old. 0:04:02.080 --> 0:04:06.520 They're terrific, but they yeah, that should be it's the case. 0:04:06.520 --> 0:04:08.360 But frankly, my view would be it should be. It's 0:04:08.480 --> 0:04:11.160 the case. Now, I'll tell you why. The judge instructed 0:04:11.200 --> 0:04:13.680 the jury at the very beginning of the jury charges 0:04:14.080 --> 0:04:17.920 that they cannot consider any lesser included offense. This is called, 0:04:17.920 --> 0:04:20.720 you know, criminally negligent homicide would be what's considered a 0:04:20.800 --> 0:04:25.480 lesser included defense offense of the homicide charge, the second 0:04:25.520 --> 0:04:29.680 degree manslaughter under New York law. But I can give 0:04:29.680 --> 0:04:31.719 you the funeral code numbers that anybody wants to look 0:04:31.720 --> 0:04:34.480 them up. But manslaughter has won twenty five point fifteen, 0:04:34.680 --> 0:04:37.520 Criminally negligent homicide one twenty five point ten. But they're 0:04:37.560 --> 0:04:39.960 different states of mind. And so the judge told them 0:04:40.000 --> 0:04:42.640 when they began the delierations that unless they come to 0:04:42.720 --> 0:04:46.520 a unanimous decision on manslaughter in the second degree, they 0:04:46.560 --> 0:04:50.599 cannot consider the lesser included charges. And I think that's right. 0:04:50.880 --> 0:04:54.320 So consider this. You have a divided jury now on 0:04:54.440 --> 0:04:57.640 the manslaughter charge. That means they can't agree on what 0:04:57.760 --> 0:05:01.480 the state of mind is. Manslaughter requires defendant in a 0:05:01.560 --> 0:05:04.320 case like this to have acted recklessly. New York Penal 0:05:04.360 --> 0:05:07.920 Law fifteen point oh five to three defines that as 0:05:07.960 --> 0:05:11.839 being aware that your actions presented a substantial risk, all right, 0:05:12.000 --> 0:05:14.279 So they could agree on that state of mind. For 0:05:14.320 --> 0:05:18.080 criminally negligent homicide, it's the opposite in a sense that 0:05:18.360 --> 0:05:22.080 you didn't perceive that your actions caused a substantial risk. 0:05:22.279 --> 0:05:25.240 So if they can't agree on the first charge, that 0:05:25.400 --> 0:05:28.440 means some of them thought he was aware his conduct 0:05:28.480 --> 0:05:33.080 presented an actual risk of death or serious Biley harm. 0:05:33.279 --> 0:05:35.360 How can they agree then with the on the second 0:05:35.520 --> 0:05:38.000 that he wasn't aware. I think that in the case 0:05:38.080 --> 0:05:40.400 like this, the charges should be dismissed. The jury was 0:05:40.440 --> 0:05:43.120 deadlocked on the main charge, I think that should be 0:05:43.120 --> 0:05:44.800 the end of it. And this is after, by the way, 0:05:45.080 --> 0:05:47.839 the judge gave an Allen charge or a dynamite charge, 0:05:47.880 --> 0:05:52.159 which I also severely object to. In just about every case, 0:05:52.279 --> 0:05:55.240 it's a coercive charge. It tells the jury listen, you know, 0:05:55.360 --> 0:05:58.240 go back, rethink it. That part of its innocuous, But 0:05:58.279 --> 0:06:01.000 it also tells them they've got a jury duty at 0:06:01.000 --> 0:06:02.919 the end of the day to come to a decision 0:06:02.960 --> 0:06:05.560 if they possibly can they how to rethink it, maybe 0:06:05.560 --> 0:06:07.760 set aside their objection and all of that. Well, this 0:06:07.839 --> 0:06:11.039 jury didn't buckle, and whoever's holding out for you know, 0:06:11.200 --> 0:06:14.799 not guilty, stuck with it. In my view, and again 0:06:14.880 --> 0:06:18.680 this is not a legal opinion. This is just my view, Daniels. 0:06:18.680 --> 0:06:22.120 Penny never should have been charged criminally. We have the videos, 0:06:22.120 --> 0:06:25.000 we have testimony from the other people were there. There's 0:06:25.040 --> 0:06:28.560 another guy who helped him. He perceived a real risk 0:06:28.720 --> 0:06:32.080 of death or serious bodily injury to other passengers here, 0:06:32.240 --> 0:06:34.520 and he stepped up and he defended all of the 0:06:34.560 --> 0:06:37.599 other passengers, and in his view, he neutralized this fellow. 0:06:37.680 --> 0:06:40.400 Remember when he was examined by the police officers, he 0:06:40.400 --> 0:06:43.960 didn't even know the guy was dead. Anyway, that's a long, 0:06:44.360 --> 0:06:45.320 long winded. 0:06:46.720 --> 0:06:48.240 David shan And by the way, I didn't give you 0:06:48.240 --> 0:06:52.200 your proper introduction. Civil liberties attorney and former counsel for 0:06:52.320 --> 0:06:54.960 President Trump. You're not alone in that opinion. By the way, 0:06:55.000 --> 0:06:57.200 I know Linda and I certainly are in agreement with you, 0:06:57.320 --> 0:07:01.039 as does anybody who has you know, a functioning brain 0:07:01.120 --> 0:07:03.360 when when you hear about this case, or a guy 0:07:03.400 --> 0:07:05.880 just jumps in tries to help somebody on a subway, 0:07:06.360 --> 0:07:08.240 and now you know he could go away for life 0:07:08.440 --> 0:07:11.440 for doing something so brave. Former military By the way, 0:07:11.600 --> 0:07:13.080 Linda jump in, I know you had some questions for 0:07:13.160 --> 0:07:13.600 David as well. 0:07:13.640 --> 0:07:15.560 Yeah, David, I know you and I were talking, you know, 0:07:15.680 --> 0:07:18.160 earlier and about the Allen charge, which I agree with you. 0:07:18.240 --> 0:07:21.440 It seems almost manipulative and coercive, as you said, to 0:07:21.520 --> 0:07:23.040 try to stay to the jury. 0:07:23.120 --> 0:07:24.760 No, we don't like the answer you came up with. 0:07:24.840 --> 0:07:27.000 Go back and figure out one that's more, you know, 0:07:27.080 --> 0:07:29.720 in line with our ideology, right, especially when you see 0:07:29.720 --> 0:07:33.480 the prosecutor obviously you know she let this other person 0:07:33.520 --> 0:07:36.920 who murdered this unarmed elderly Asian professor who was just 0:07:36.920 --> 0:07:39.360 getting some money out of his ATM. We've got a 0:07:39.440 --> 0:07:42.680 history of no bail crimes under brag. I mean, just 0:07:42.680 --> 0:07:44.680 look at the four legal immigrants who beat the crap 0:07:44.680 --> 0:07:46.600 out of our police officers in the middle of Times 0:07:46.600 --> 0:07:48.360 Square let out with no bail. 0:07:48.560 --> 0:07:49.640 We've got an illegal. 0:07:49.360 --> 0:07:51.920 Immigrant raping a thirteen year old in broad daylight, tying 0:07:51.960 --> 0:07:53.400 her to a tree and filming it. 0:07:53.640 --> 0:07:56.800 Where's that guy? Nobody knows. And now we've got your case. 0:07:56.840 --> 0:08:00.160 I know you've been covering a case and representing a 0:08:00.200 --> 0:08:04.720 young Jewish person who was attacked, and it's Bragg's prosecutors 0:08:04.760 --> 0:08:06.600 that are allowing that guy to go free and even 0:08:06.640 --> 0:08:09.840 giving him benefits within prison, you know, to give him 0:08:09.840 --> 0:08:12.520 better representation. I mean, it just seems like such a 0:08:12.560 --> 0:08:15.600 miscarriage of justice. And one more point before I let 0:08:15.680 --> 0:08:19.360 you respond, two months before the Penny case, there was 0:08:19.440 --> 0:08:23.960 another altercation on the a train between two minority people. 0:08:23.720 --> 0:08:25.720 Who were fighting. One was armed, one was not. 0:08:26.160 --> 0:08:28.760 The one who was not was able to get the weapons, 0:08:28.800 --> 0:08:31.800 defend himself and kill the person who was the attacker. 0:08:32.080 --> 0:08:35.320 He's not serving any criminal time, he has no charges, 0:08:35.360 --> 0:08:38.439 no charges were brought against him, whatsoever. What's the difference 0:08:38.440 --> 0:08:39.320 in those two cases? 0:08:39.320 --> 0:08:43.720 Can you tell me politics? I mean, that's the problem. First, 0:08:43.720 --> 0:08:45.120 I'm so excited to get to talk to you on 0:08:45.160 --> 0:08:49.839 the airline, the same way. You always have such great 0:08:49.880 --> 0:08:53.760 opinions and anyways, think everything seeks so clearly anyway, No, 0:08:53.800 --> 0:08:56.320 it's politics, and that's the problem. When the integrity of 0:08:56.360 --> 0:08:59.440 the office has been uprooted, like Alan Bragg has done 0:08:59.480 --> 0:09:02.520 with this offer, then the public can't believe in the 0:09:02.679 --> 0:09:06.520 injustice in any prosecution they bring there always seems to 0:09:06.520 --> 0:09:10.120 be something behind it. I mean, the case brought from 0:09:10.160 --> 0:09:13.760 a merchant against President Trump is of course the epitome 0:09:13.840 --> 0:09:16.199 of it. But you're right, it depends on who the 0:09:16.240 --> 0:09:19.000 victim its, depends on you know, what time of day 0:09:19.000 --> 0:09:21.360 it is, apparently, or which prosecutor is assigned. In the 0:09:21.400 --> 0:09:23.439 case that I have that you mentioned, the young Jewish 0:09:23.480 --> 0:09:26.600 boy was out walking in Times Square was attacked by 0:09:26.640 --> 0:09:30.120 a group of Arab Americans and brutally. I mean, it 0:09:30.160 --> 0:09:33.560 could have killed him, all on video and so on, 0:09:33.880 --> 0:09:36.000 and it was like pulling peace to get album Bragg's 0:09:36.000 --> 0:09:38.880 office to even prosecute the case. When he did, he 0:09:38.920 --> 0:09:40.800 gave a slap on the wrist of most of them, 0:09:41.400 --> 0:09:43.400 including the one who said he would do it again. 0:09:44.679 --> 0:09:48.360 So it's terrible to see this. His office then wrote 0:09:48.360 --> 0:09:51.000 a letter to the prison minimizing what one of the 0:09:51.040 --> 0:09:53.480 worst actors had done so that he could get a 0:09:53.520 --> 0:09:57.959 better placement in prison. It's just outrageous. And in this case, 0:09:58.000 --> 0:10:00.480 you know, again it's politics all the way. How many 0:10:00.520 --> 0:10:02.880 people are riding the subway these days in New York 0:10:03.040 --> 0:10:05.560 who are scared to death. They're worried about the next 0:10:05.559 --> 0:10:08.839 attack or the next you know, violent episode to have 0:10:08.880 --> 0:10:11.959 a guy like Daniel Penny, who, in my view, really 0:10:12.000 --> 0:10:14.640 responded like a hero. And that's his background. He's also 0:10:14.720 --> 0:10:17.840 now being sued by mister Neely's family in addition to this, 0:10:17.920 --> 0:10:20.600 but of course the criminal charges are the most serious. 0:10:21.040 --> 0:10:22.600 I'm very disappointed in the case. 0:10:22.720 --> 0:10:22.840 Ken. 0:10:22.920 --> 0:10:26.200 It's easy to be outside or Monday morning quarterback, but 0:10:26.440 --> 0:10:28.679 I'm very disappointed he didn't testify. 0:10:28.960 --> 0:10:29.440 He had. 0:10:32.160 --> 0:10:33.280 With every New Yorker. 0:10:34.720 --> 0:10:36.560 And I'm talking to David Sean. Sorry about that, Linda. 0:10:36.720 --> 0:10:39.160 I was about to say a former councilor to President Trump. 0:10:39.640 --> 0:10:41.760 A next question, Lenda, I'll defer to you because your 0:10:41.760 --> 0:10:42.480 first one was excellent. 0:10:42.640 --> 0:10:44.520 Yeah, you know to that point. 0:10:44.640 --> 0:10:47.920 Right, So we have somebody who has a criminal background, right, 0:10:47.960 --> 0:10:51.480 we have somebody who we know has a long laundry 0:10:51.480 --> 0:10:55.640 list of using drugs, being on the subways, harassing people. 0:10:55.960 --> 0:10:58.280 You know, he's been arrested many times. He's homeless, he's 0:10:58.280 --> 0:11:00.920 living on the streets. Anybody who lives in New York 0:11:00.920 --> 0:11:02.880 City and takes the subway every day like I do, 0:11:03.280 --> 0:11:05.840 you're on these subways. They are filled with homeless people. 0:11:06.080 --> 0:11:08.839 They are disgusting, They are dirty, and the homeless they 0:11:08.880 --> 0:11:12.120 consider that they're home. Quite literally, you are in their 0:11:12.120 --> 0:11:14.640 space even though you're paying to get on, they're riding 0:11:14.679 --> 0:11:17.920 for free, and nobody stops them because there's no accountability. 0:11:18.240 --> 0:11:20.160 So my point to you, and my question to you, David, 0:11:20.160 --> 0:11:22.640 as somebody who you know is a civil liberties attorney 0:11:22.679 --> 0:11:24.719 and kind of knows this stuff in and out, what 0:11:25.280 --> 0:11:29.000 standing would Jordan Neely's family even have to sue Daniel Penny. 0:11:29.320 --> 0:11:31.920 This wasn't nefarious, this wasn't wilful. This was an act 0:11:31.960 --> 0:11:33.839 of self defense with a ton of witnesses. 0:11:34.520 --> 0:11:36.400 Right, But that's why he should lose the case. But 0:11:36.679 --> 0:11:38.960 you know he's going to bring it because his son 0:11:39.080 --> 0:11:42.360 is dead and there were criminal charges. And by the way, 0:11:42.800 --> 0:11:47.920 if if Daniel Penny is convicted, then the Neely family 0:11:47.960 --> 0:11:51.080 is going to argue they're entitled to summary judgment because 0:11:51.160 --> 0:11:53.960 the jury has convicted him beyond a reasonable doubt of 0:11:54.000 --> 0:11:57.160 a homicide of some variety in the killing of their son, 0:11:57.679 --> 0:12:01.600 and so if it's criminally negligent homicie, they're gonna say, well, 0:12:01.800 --> 0:12:04.880 the standard for criminal negligence has already been proven. That's 0:12:04.880 --> 0:12:07.160 the standard New York that fines under fifteen point oh 0:12:07.200 --> 0:12:10.679 five to four that he failed to perceive there was 0:12:10.720 --> 0:12:13.320 a substantial risk that his actions could have resulted in death. 0:12:13.440 --> 0:12:16.400 They'll charge that civilly as negligence, and they last for 0:12:16.440 --> 0:12:19.040 summary judgment because in the standard is lest it's you know, 0:12:19.280 --> 0:12:22.800 a civil standard rather than the criminal standard. But yeah, 0:12:22.840 --> 0:12:25.640 I mean it's anybody could do anybody for anything. But 0:12:26.559 --> 0:12:28.960 it's very dangerous. You know, he can face four years 0:12:28.960 --> 0:12:32.679 in prison if he's convicted of the criminal negligent homicide. 0:12:32.720 --> 0:12:35.360 It's just it's the criminal process is simply not the 0:12:35.400 --> 0:12:38.720 way to deal with the situation. By every person's account, 0:12:38.720 --> 0:12:41.360 and including the video, this fellow came on to the 0:12:41.400 --> 0:12:44.400 train and presented a tremendous threat. 0:12:44.320 --> 0:12:47.240 And was looking for the fight, was looking to do harm, 0:12:47.600 --> 0:12:50.480 was looking to do ill will. And to Joe's point earlier, 0:12:50.760 --> 0:12:53.720 you know, Mayor Adams, all kidding aside, has definitely had 0:12:53.760 --> 0:12:55.520 a little bit of a change of heart from you know, 0:12:55.600 --> 0:12:58.319 his earlier days when he was a police officer, when 0:12:58.320 --> 0:13:00.720 he was a detective, when he oversaw the police force, 0:13:01.040 --> 0:13:02.840 and he was quoted in the New York Post and 0:13:02.880 --> 0:13:03.720 he said, you know, those. 0:13:03.600 --> 0:13:06.280 Passengers were afraid. I've been on the subway system. 0:13:06.360 --> 0:13:08.480 I don't know the last time, you know, whatever her 0:13:08.559 --> 0:13:11.280 name is, dan fra Yourn or whatever, you know, I 0:13:11.320 --> 0:13:13.720 don't know how often she rides the subway. But he's like, 0:13:13.760 --> 0:13:16.520 you know, I have wrestled people on the subway, people 0:13:16.559 --> 0:13:18.840 that are on drugs, people that are under the influence. 0:13:18.880 --> 0:13:22.200 They have superhuman strength. You have no idea what's going on. 0:13:22.240 --> 0:13:24.560 And not only that, Daniel Penny did not act alone. 0:13:24.840 --> 0:13:27.199 He had all of these women and elderly people on 0:13:27.240 --> 0:13:28.920 the train not knowing what's going on, and he had 0:13:29.000 --> 0:13:30.880 somebody else jump in and help them. I mean, they're 0:13:30.920 --> 0:13:32.840 acting like he sought this out when it's really the 0:13:32.880 --> 0:13:35.120 other way around. In your professional opinion, do you think 0:13:35.120 --> 0:13:37.480 that there's going to be a hung jury across the border. 0:13:37.559 --> 0:13:39.160 Do you think they're going to come back and try 0:13:39.160 --> 0:13:41.360 to assuage the judge and the prosecutor because they think 0:13:41.400 --> 0:13:44.840 there's going to be ideological political, you know, retribution to 0:13:44.880 --> 0:13:46.800 them as the jewelry or are. 0:13:46.640 --> 0:13:48.560 They beaten up now by the judge after getting an 0:13:48.559 --> 0:13:51.360 all in charge because they do they they think they're 0:13:51.360 --> 0:13:53.840 being punished because they couldn't agree on the first charge. 0:13:53.960 --> 0:13:56.520 I worry about that. I worry it has individual effects 0:13:56.720 --> 0:13:59.040 on the Criminal Division homicide and they see this, I'd 0:13:59.080 --> 0:14:01.520 like to go home. As a compromise, you need one 0:14:01.600 --> 0:14:03.880 juror who's willing to stand up and say absolutely not. 0:14:04.320 --> 0:14:06.520 We need a hero like this on the train. It's 0:14:06.559 --> 0:14:09.400 tragic that it ended in anybody's death. He didn't intend 0:14:09.400 --> 0:14:11.360 that for sure, and that's why he was in charge 0:14:11.360 --> 0:14:15.079 with an intentional killing. But he didn't even believe to 0:14:15.160 --> 0:14:17.480 kill the guy. He thought he had subdued him. But yes, 0:14:17.600 --> 0:14:19.360 I worry that that's what's going to happen, and I 0:14:19.400 --> 0:14:22.800 worry unfortunately that's masturbate about the fact that he didn't testify. 0:14:23.040 --> 0:14:25.240 I think a jury wants to hear in a case 0:14:25.400 --> 0:14:27.360 like this, there's not a question about whether the person's 0:14:27.360 --> 0:14:29.480 dead or whether you're the person who did it, the 0:14:29.560 --> 0:14:32.560 question of what the circumstances were, what your state of 0:14:32.600 --> 0:14:35.240 mind was. I think they had to hear from Daniel Perry. 0:14:35.320 --> 0:14:37.440 You're right, You're absolutely right, David Well said. 0:14:37.560 --> 0:14:39.320 I could not agree more. All I know is this 0:14:39.440 --> 0:14:42.480 subway crimes of jumped nearly twenty five percent from this 0:14:42.560 --> 0:14:44.920 time last year, so this is happening all the time. 0:14:44.960 --> 0:14:49.120 We need more heroes like mister Penny and not being convicted, 0:14:49.320 --> 0:14:51.440 or at least the attempts to convict that are going 0:14:51.440 --> 0:14:53.920 on here right now. It's disgusting anyway, Joe Conscient, Linda, 0:14:53.920 --> 0:14:55.800 thanks so much for jumping in there. David Sean, thank 0:14:55.840 --> 0:14:58.680 you so much as well. Great insight. Joe Conscience filling 0:14:58.680 --> 0:15:01.000 in for Sean. Hannity back with more in just a moment, 0:15:01.800 --> 0:15:04.880 Joe Kanta in for mister Hannity. Linda tells me that 0:15:04.880 --> 0:15:07.880 there have been some complaints to our number eight hundred 0:15:07.880 --> 0:15:10.120 and ninety four one Sean eight hundred nine four one 0:15:10.200 --> 0:15:13.520 Sea n that apparently I was going on this riff 0:15:13.560 --> 0:15:15.760 before when we had what's called the bump music, which 0:15:15.760 --> 0:15:17.000 is what you just heard when you come out of 0:15:17.040 --> 0:15:21.040 a breakup. Producer soundboard op. They choose what song is 0:15:21.040 --> 0:15:23.040 going to be played, or you could as a host, 0:15:23.120 --> 0:15:25.600 like make your own request, which I've done before. And 0:15:25.760 --> 0:15:28.280 I was saying how great the Eagles was because I 0:15:28.360 --> 0:15:32.920 thought in the City was an Eagle song. No, I'm 0:15:32.920 --> 0:15:36.160 being killed apparently on the lines right now because it's 0:15:36.160 --> 0:15:40.320 a Joe Walsh song. Joe Walsh was in the Eagles, 0:15:40.800 --> 0:15:43.480 so you know, this is like getting a Genesis and 0:15:43.480 --> 0:15:46.320 a phil Collins saw mixed up people, all right? Are Blenda, 0:15:46.360 --> 0:15:49.320 Carlisle and the Go Gos or whoever's gone solo? Right, 0:15:49.360 --> 0:15:52.400 Paul McCartney and the Beatles. I don't know, all right, 0:15:52.480 --> 0:15:56.240 So I'm sorry that I heard Joe Walsh's voice and 0:15:56.320 --> 0:15:58.120 assumed it was the Eagles when it was actually one 0:15:58.120 --> 0:16:02.520 of his solo ventures ventures out into the wilderness. So 0:16:02.600 --> 0:16:06.160 you got me, all right, And yes, Pete hag Seth, 0:16:07.400 --> 0:16:08.880 I got cold for that in the last hour Landon 0:16:08.920 --> 0:16:11.200 which you know, apparently. 0:16:11.440 --> 0:16:13.120 The only thing I will say about our audience is 0:16:13.120 --> 0:16:17.360 they are listening and they are paying attention constructive criticism. 0:16:17.400 --> 0:16:18.960 So let me ask you, Lin, do you go Caribbean 0:16:19.000 --> 0:16:19.520 or Caribbean? 0:16:20.480 --> 0:16:22.320 Oh God, you don't want to go down the words 0:16:22.320 --> 0:16:24.120 thing with me, because I have this fight all the 0:16:24.120 --> 0:16:27.400 time with people. I say Caribbean, Yeah, I go, I 0:16:27.440 --> 0:16:32.800 go Caribbean. I know I'm Caribbean. Some people say resciprose. 0:16:33.080 --> 0:16:33.520 What is it? 0:16:33.600 --> 0:16:38.840 Aunt or aunt? I say aunt? Sometimes you yeah, I 0:16:38.880 --> 0:16:39.320 say aunt. 0:16:39.360 --> 0:16:40.280 Aunt sounds like ant. 0:16:40.440 --> 0:16:43.240 But but in Philly, where I'm from, they say aunt. 0:16:43.960 --> 0:16:48.080 I say homage. Sean says. Sean says homage. 0:16:48.520 --> 0:16:50.520 What was the other word we had Jason, I can't remember. 0:16:51.440 --> 0:16:57.080 Yeah, it is homage, that's correct. 0:16:57.400 --> 0:16:58.840 So homage is the word. 0:16:59.360 --> 0:17:02.880 It's origin is France, so it's homage. And then you know, yeah, 0:17:03.000 --> 0:17:04.720 so then he says it way nicer than me. 0:17:05.480 --> 0:17:07.680 You say, like, not jaguar, but jaguar. 0:17:08.640 --> 0:17:10.840 I say jaguar, right, some. 0:17:10.800 --> 0:17:15.159 People say jaguar, but that would sound the people of 0:17:15.240 --> 0:17:19.679 Jacksonville are very very insistent. You say Jaggie Wire, Jaggie Wire. 0:17:20.040 --> 0:17:20.680 It doesn't matter. 0:17:20.720 --> 0:17:23.040 Nobody's talking about them anyway, because there woke broke as 0:17:23.080 --> 0:17:23.400 a joke. 0:17:23.520 --> 0:17:26.280 So well, Pi jaguar, do you go target or Tar? 0:17:27.320 --> 0:17:28.920 I say, but that's just. 0:17:29.840 --> 0:17:31.760 That's the best, okay, So that's not really a thing. 0:17:31.840 --> 0:17:35.119 Van Wick or van Wick. It's the van the van 0:17:35.200 --> 0:17:35.840 Wick right along? 0:17:36.040 --> 0:17:37.320 Yeah, Van not. 0:17:37.760 --> 0:17:39.960 I don't think we go wike on that one. Marshal's 0:17:40.040 --> 0:17:40.600 or Marshall's. 0:17:41.240 --> 0:17:43.280 Marshals who says Marshalls. 0:17:43.760 --> 0:17:45.879 Well, then it sounds like you're shopping at like you know, 0:17:46.040 --> 0:17:49.119 Saxs Fifth Avenue stops got like some you know, GRAVI 0:17:49.280 --> 0:17:49.960 toss to it. 0:17:50.000 --> 0:17:52.960 Right listen, if I need gravitas, I'm not going to Marshals. 0:17:53.040 --> 0:17:53.679 Let's be honest. 0:17:54.920 --> 0:17:55.680 Get good stuff it. 0:17:56.480 --> 0:17:58.400 I love TJ Max. You're preaching to the choir. 0:17:58.560 --> 0:17:59.960 I have the credit card, so you know I'm not 0:18:00.160 --> 0:18:01.600 hating on anything really. 0:18:01.960 --> 0:18:03.840 All right, well, yeah, go on about this on this 0:18:03.880 --> 0:18:06.240 tangent all day. But uh, let's go to some calls, 0:18:06.240 --> 0:18:08.840 shall we. And that is a full board. Wow, this 0:18:09.000 --> 0:18:11.639 is on a lot of stations. It's it's showing right now. 0:18:11.640 --> 0:18:13.520 All right, let's keep it local. All right, Let's go 0:18:13.600 --> 0:18:17.119 to Gerard. He is in Manhattan. Yes, I know about 0:18:17.119 --> 0:18:19.520 the song, Gerard, but you could lecture me on it 0:18:19.520 --> 0:18:21.359 now because I can laugh at myself. I'm capable of this. 0:18:21.440 --> 0:18:27.560 Go yes, Joe Kanta, you're a force, sir. You already 0:18:27.600 --> 0:18:30.680 told the story about the about the Eagles and Joe 0:18:30.760 --> 0:18:34.960 Walsh good yeah, Parsons to Belinda Carlisle and and those girls. 0:18:35.160 --> 0:18:35.480 Thank you. 0:18:35.600 --> 0:18:38.400 And it wasn't then you said that you played in 0:18:38.400 --> 0:18:39.960 the city. You didn't play in the city. 0:18:40.000 --> 0:18:41.480 You played good to me. 0:18:41.880 --> 0:18:43.960 Life's been good to me. I was going on Memverck. Look, dude, 0:18:43.960 --> 0:18:47.000 I'm I'm I broke forty a couple of years ago. 0:18:47.320 --> 0:18:48.840