Latest / Juicy Scoop with Heather McDonald / Matt Murphy, The Preppy Murder, Girl Kills Parents and Idaho 4
Transcript
- 0:00Speaker 1: Heather MacDonald has got the Juicy Scoop. When you're on
- 0:07Speaker 1: the road, when you're on the go, Juicy Scoop is
- 0:11Speaker 1: the show to know.
- 0:12Speaker 2: She talks Hollywood tales for real life, Mr.
- 0:15Speaker 1: Saving Serial Data and Serial Sisters. You'll be addicted and addicted.
- 0:20Speaker 3: Fast to the number one tabloid real life podcast.
- 0:23Speaker 1: Listen in, listen up. Woo, woo. Heather MacDonald. Juicy Scoop. Hello,
- 0:31Speaker 1: and welcome to Juicy Scoop. This is a special Juicy
- 0:34Speaker 1: Crime episode with your favorite crime expert, attorney, hot surfer,
- 0:41Speaker 1: OC guy, LA Loyola boy, my Catholic brother from another mother,
- 0:48Speaker 1: author of the book of murder, Matt Murphy. Welcome back
- 0:51Speaker 1: to Juicy Scoop.
- 0:52Speaker 3: Thanks for having me again.
- 0:54Speaker 1: The book is a huge hit.
- 0:56Speaker 3: It's doing remarkably well, which is good for my ego.
- 0:59Speaker 1: Yes.
- 1:00Speaker 4: Yeah.
- 1:01Speaker 1: And, I mean, I hope to see this. We talked
- 1:05Speaker 1: about it before. I hope to see it like I
- 1:06Speaker 1: could see it as a series because you're such an
- 1:09Speaker 1: interesting character and then all the different kinds of things
- 1:12Speaker 1: that you could write around it. So putting it out
- 1:14Speaker 1: there in the universe for you. Thank you. But we
- 1:16Speaker 1: have lots of things to talk about. Thank you for
- 1:19Speaker 1: coming to my party.
- 1:19Speaker 3: It was great. That was actually really fun.
- 1:23Speaker 1: Thank you. I appreciate you coming.
- 1:24Speaker 3: Sort of middle of summer.
- 1:26Speaker 5: Everybody's got that summer, like, The summer look going, and
- 1:32Speaker 5: it was fabulous.
- 1:34Speaker 3: It's fun for me. It's the second time I've ever
- 1:35Speaker 3: actually stood on one of those red carpets.
- 1:37Speaker 6: Yeah.
- 1:37Speaker 2: Right?
- 1:38Speaker 5: And then I look, and the guy next to me,
- 1:39Speaker 5: I'm like, I know I recognize him from somewhere.
- 1:41Speaker 3: And it was Dr.
- 1:41Speaker 4: Drew.
- 1:42Speaker 3: Yeah, yeah. I love Dr. Drew.
- 1:44Speaker 1: He's the best.
- 1:44Speaker 3: Yeah, that was a fun night.
- 1:46Speaker 1: I'm so glad you came.
- 1:48Speaker 6: They think you're done for the day, but they don't
- 1:51Speaker 6: know about the drawer. The drawer. Just the one square
- 1:56Speaker 6: before bed. Or two, you know, nobody's watching.
- 2:03Speaker 1: You deserve a treat.
- 2:07Speaker 6: With eight flavors to choose from, you can choose the
- 2:09Speaker 6: flavor you favor with Cadbury Dairy Milk.
- 2:18Speaker 1: Okay, now we're going to talk about crimes and documentaries
- 2:22Speaker 1: and the big news stories. So the Idaho murders... Murders.
- 2:29Speaker 1: I watched some of this doc, which is on Amazon Prime,
- 2:35Speaker 1: came out a few days ago, One Night in Idaho.
- 2:38Speaker 1: It is very, very well done. And for someone who,
- 2:42Speaker 1: you know, is an amateur at trying to figure out
- 2:45Speaker 1: what happens in these crimes, we covered a lot of
- 2:47Speaker 1: it here on Juicy Scoop. There was a lot of
- 2:50Speaker 1: wondering what happened, what happened with the two roommates that
- 2:54Speaker 1: were the survivors that called each other and why did
- 2:57Speaker 1: they not wake up till 12. And why, when there
- 3:00Speaker 1: was a call, did they say it was an unconscious
- 3:02Speaker 1: person instead of four people murdered? And we never really
- 3:06Speaker 1: heard from those people, but we see them on this.
- 3:09Speaker 1: And it's really, I mean, first of all, it's just
- 3:11Speaker 1: absolutely heartbreaking and really hard to watch. I actually told
- 3:16Speaker 1: my sister, Shannon, I'm like, I don't think you should
- 3:18Speaker 1: watch it. I go, because the girls will remind you
- 3:22Speaker 1: too much of your daughter going off to college this year.
- 3:26Speaker 1: As we know, just to catch people up, there was
- 3:28Speaker 1: a plea deal in which he did say, I killed
- 3:31Speaker 1: all four people premeditated. I watched that video in front
- 3:34Speaker 1: of the judge. Explain a little bit about how those
- 3:37Speaker 1: type of things happen.
- 3:40Speaker 3: So this was a death penalty case.
- 3:44Speaker 5: And essentially, the Western United States, pretty much every state
- 3:48Speaker 5: of the 27 that still has the death penalty, they do.
- 3:50Speaker 3: What's called a bifurcated trial. OK, so the first phase
- 3:54Speaker 3: is the guilt phase.
- 3:55Speaker 5: Second phase is what's known as the penalty phase. In
- 3:58Speaker 5: the penalty phase, the jury considers the aggravating and mitigating
- 4:01Speaker 5: circumstances of the offense. So for example, somebody that, say
- 4:04Speaker 5: they go in and they kill their stepdad who is
- 4:07Speaker 5: molesting them. Okay, so that's an accusation we've heard a
- 4:11Speaker 5: lot with the Menendez brothers that we're going to get to,
- 4:13Speaker 5: not stepdad, but natural dad. So if there's mitigating evidence,
- 4:18Speaker 5: the jury will weigh that, they'll assign a weight to that,
- 4:21Speaker 5: and then they'll determine whether or not The aggravating circumstances substantially.
- 4:25Speaker 3: Outweigh the mitigating.
- 4:26Speaker 4: OK.
- 4:26Speaker 5: And if they do, they can but are not required
- 4:28Speaker 5: to return a verdict of death. So a lot of
- 4:30Speaker 5: that is it's kind of thick legalese.
- 4:32Speaker 1: Quick question.
- 4:33Speaker 4: Yeah.
- 4:34Speaker 1: Is where what states are this a death penalty in
- 4:38Speaker 1: every state?
- 4:40Speaker 3: Some 27 states still have it in the federal system.
- 4:42Speaker 1: And then we don't have it in California.
- 4:44Speaker 3: We have the death.
- 4:45Speaker 5: Penalty on the books in California, but there's a moratorium
- 4:48Speaker 5: on it. There's over 700 people on death row. We'll
- 4:50Speaker 5: probably never see another execution in California. It's a very
- 4:57Speaker 5: emotional topic for a lot of people, death penalty. There
- 4:59Speaker 5: are really good reasons against having it that are philosophical, religious, whatever.
- 5:04Speaker 5: And there are good reasons for it. And when we
- 5:08Speaker 5: get out of the crazy politics of our time, and
- 5:11Speaker 5: actually engage in the pros and cons, those are really
- 5:15Speaker 5: interesting conversations that I think are healthy for people to have.
- 5:18Speaker 1: Basically- One thing I was going to say about the
- 5:21Speaker 1: death penalty is I feel like if you get the
- 5:24Speaker 1: death penalty in like a California where you're probably never
- 5:27Speaker 1: going to get to death, it seems like whether you're
- 5:30Speaker 1: Scott Pearson or whoever, there's a lot more people that
- 5:35Speaker 1: are more engaged in wanting to help you or innocence
- 5:41Speaker 1: project or whatever, because you might die versus someone that
- 5:44Speaker 1: is going to spend the rest of their life in prison.
- 5:47Speaker 1: It doesn't seem like there's as many people that are like,
- 5:49Speaker 1: oh my God, this person has been put away for
- 5:51Speaker 1: life and they're innocent because they're not dying. So it's
- 5:55Speaker 1: almost like, it almost helps you. There aren't too many
- 6:00Speaker 1: of what?
- 6:00Speaker 5: I sit on a board where the whole job is
- 6:03Speaker 5: to essentially identify, it's in Indiana. It's with Northern Purdue
- 6:07Speaker 5: University where we, We try to identify people in prison
- 6:10Speaker 5: that have been wrongfully convicted. And I've been on the
- 6:12Speaker 5: board for five years, and honestly, I've yet to see one.
- 6:15Speaker 5: And the guy that is our main veteran, his name's
- 6:18Speaker 5: Timmy Murphy, who I love, he actually spent 21 years
- 6:22Speaker 5: in prison for murder he legitimately did not commit. And
- 6:25Speaker 5: he's the harshest critic. He's like, no, this guy did it,
- 6:27Speaker 5: this guy did it, this one's full of shit. And
- 6:30Speaker 5: they're hard to find. The system really does, despite all
- 6:33Speaker 5: the heat, you know, it.
- 6:37Speaker 5: The vast majority of the time, a person who's in
- 6:39Speaker 5: prison for murder committed the murder that they were convicted of.
- 6:41Speaker 1: I mean, I guess the things that would really get
- 6:43Speaker 1: someone off is now if they were convicted before DNA.
- 6:47Speaker 1: And now there's some DNA that proves that it was
- 6:49Speaker 1: a completely different person or the actual person is in
- 6:51Speaker 1: the system and happened, you know.
- 6:54Speaker 3: And that happens.
- 6:55Speaker 5: But what you see a lot of times, and I've
- 6:57Speaker 5: been in this, I've been doing this for 32 years now.
- 7:00Speaker 5: So I've seen, I feel like I've seen it all.
- 7:02Speaker 5: But what happens is the, The standard on appellate reversal
- 7:08Speaker 5: is could the new evidence have led a reasonable jury
- 7:11Speaker 5: to have reached a different result? So because DNA is
- 7:14Speaker 5: so sensitive, a lot of times on those pre-DNA cases,
- 7:17Speaker 5: you'll have a murder that's committed, say, by a homeless guy,
- 7:20Speaker 5: and it's a businesswoman. And he'll come in and say,
- 7:23Speaker 5: we had consensual sex. That's why my DNA was there.
- 7:26Speaker 5: But somebody else came along later and killed her. Then
- 7:29Speaker 5: DNA comes along. Sure enough, they find it's called sperm
- 7:32Speaker 5: fraction DNA belonging to the defendant. But if she has, like,
- 7:35Speaker 5: If she has unknown male DNA under a fingernail, that
- 7:38Speaker 5: could be a little boy she patted on the head.
- 7:40Speaker 5: The mailman, if she shook hands with him, it could
- 7:41Speaker 5: be anybody that's not in the system. That can lead
- 7:44Speaker 5: to the reversal of the case. Then they bring it
- 7:47Speaker 5: back 25 years later, and the files got lost in
- 7:50Speaker 5: the great flood of 83, or Aunt Millie, who was
- 7:53Speaker 5: in charge of the evidence room, screwed something up, or
- 7:56Speaker 5: your main witness is dead. And so they don't pursue
- 7:59Speaker 5: it again. That guy gets released. And a lot of
- 8:01Speaker 5: times you see people on the Innocence Project coming out going, aha,
- 8:04Speaker 5: another innocent man exonerated, and it's not true. The guy
- 8:07Speaker 5: actually did do it, and that's a huge percentage of
- 8:10Speaker 5: those reversals. Okay, so DNA has freed innocent people, no
- 8:14Speaker 5: doubt about it, but a lot of that low-hanging fruit
- 8:16Speaker 5: that we saw 10, 15 years ago, it doesn't really
- 8:19Speaker 5: exist that much anymore. Now it's more nuanced. It certainly
- 8:24Speaker 5: does still happen, but it's very rare, and it's a
- 8:27Speaker 5: lot more rare than people.
- 8:29Speaker 3: Would like to believe.
- 8:30Speaker 1: Well, to talk a little bit about these victims, There's
- 8:34Speaker 1: some thought of, did they push to, I mean, there's
- 8:39Speaker 1: many reasons why you'd push to a plea deal. And
- 8:41Speaker 1: two of the families are pleased with it. And those
- 8:45Speaker 1: two families are Maddie, who was the one that most
- 8:49Speaker 1: people believe that he was obsessed with, that he went there.
- 8:52Speaker 1: Maybe he didn't mean to kill everybody. Maybe he didn't
- 8:54Speaker 1: know there were six people. Maybe he only thought there
- 8:56Speaker 1: was one, you know, because in Maddie's room, she had
- 9:00Speaker 1: her own room. But on that day, Her best friend
- 9:03Speaker 1: that she'd been best friends since they were six, you know,
- 9:06Speaker 1: was like, oh, sleep in my bed, whatever. Girls do that.
- 9:08Speaker 1: And they were both asleep in the room. And then
- 9:11Speaker 1: most likely, I'm guessing, the young man who was like 6'4,
- 9:15Speaker 1: which is also so tragic because he not only had
- 9:18Speaker 1: a twin brother, he had a triplet sister. They were
- 9:20Speaker 1: actually triplets and they were all in school together. And
- 9:23Speaker 1: he probably heard something and then tried to stop it,
- 9:28Speaker 1: I'm guessing. And then his girlfriend and he were both
- 9:32Speaker 1: done and the girls downstairs we finally kind of hear
- 9:35Speaker 1: from them or I can't remember we hear from them
- 9:38Speaker 1: or we hear their their story of when they woke
- 9:42Speaker 1: up at like noon she's like something weird happened last
- 9:45Speaker 1: night but I don't know if I was dreaming because
- 9:48Speaker 1: they were drinking it was a Saturday football game they're
- 9:51Speaker 1: probably been drinking since noon went to bed at two
- 9:54Speaker 1: saw the guy with the bushy brows and was like
- 9:56Speaker 1: wait was that like did I dream that and we've
- 9:59Speaker 1: people who have gotten drunk, you kind of like, so
- 10:01Speaker 1: then she calls her other friend and the friend's boyfriend
- 10:06Speaker 1: to come over. And it's he who then sees something
- 10:10Speaker 1: right away. And he calls 911 and he says it's
- 10:14Speaker 1: an unconscious person because he didn't want to say that
- 10:17Speaker 1: in front of the girls. But when that came out
- 10:21Speaker 1: and we didn't know and the police were being quiet,
- 10:23Speaker 1: as they should, you know, that was such a, like, why?
- 10:27Speaker 1: Why at 12? Why an unconscious person?
- 10:30Speaker 4: Why?
- 10:31Speaker 1: And it's like, again, I always say, you know, who's
- 10:33Speaker 1: to say how you're going to react in such a weird,
- 10:35Speaker 1: there isn't a playbook for when you find out that
- 10:37Speaker 1: four of your roommates have been slaughtered to death while
- 10:39Speaker 1: you were drinking one night. That's right.
- 10:42Speaker 5: No, and your take on it is exactly what mine is.
- 10:44Speaker 3: I think that's exactly what happens.
- 10:45Speaker 5: Like Mike Tyson says, everybody has a plan until they
- 10:48Speaker 5: get Hit in the face. He had a plan to
- 10:49Speaker 5: go in there. I think that he was focused on one.
- 10:52Speaker 5: And the plan fell apart because there were two girls
- 10:54Speaker 5: in the bed. And after slaughtering them both, it makes
- 10:57Speaker 5: perfect sense that Ethan came down. And he probably chased
- 11:01Speaker 5: him back to the room that he was sleeping in,
- 11:04Speaker 5: murdered him there. And so I think your take on
- 11:06Speaker 5: it is exactly right. And, of course, they're kids.
- 11:08Speaker 3: They're college kids. And, you know, for the roommate, I
- 11:11Speaker 3: feel sorry for her because she got a lot of heat.
- 11:13Speaker 3: I saw a guy with bushy eyebrows.
- 11:15Speaker 1: This is a.
- 11:15Speaker 5: Bunch of girls in college. Guys were coming in and
- 11:18Speaker 5: out of that house certainly all the time. And so
- 11:21Speaker 5: this all... And you're right. You never know how you're
- 11:24Speaker 5: going to react to a situation.
- 11:25Speaker 3: It's like.
- 11:26Speaker 1: Yeah, and even when she called her one friend to say,
- 11:29Speaker 1: come over at 11.45 a.m., I think something freaky happened
- 11:32Speaker 1: last night. She jokingly says to her, okay, should I
- 11:35Speaker 1: bring my pepper spray? Yeah. Like, they didn't... Right, they
- 11:38Speaker 1: didn't know. She was just kind of like, I just...
- 11:40Speaker 1: She was like, I'm calling upstairs. But something told her
- 11:44Speaker 1: not to go up herself. So I think she knew...
- 11:47Speaker 1: instinctively it was not just oh crazy sex last night
- 11:52Speaker 1: and they both passed out and they were not up
- 11:53Speaker 1: at noon like I think but I remember going through
- 11:56Speaker 1: it there was such weird stuff about Xena had ordered
- 11:59Speaker 1: like Taco Bell and they were the two other girls
- 12:02Speaker 1: were at um at a uh a food truck prior
- 12:06Speaker 1: and they were, people, you know, the internet detectives were seeing,
- 12:10Speaker 1: look at this guy with his hands in his pocket
- 12:12Speaker 1: who's also waiting for a burger, like maybe it was
- 12:15Speaker 1: him and now we know it was just this freak
- 12:17Speaker 1: that was fixated on her and his car was there
- 12:20Speaker 1: and truly is the person that did it. But I
- 12:25Speaker 1: was saying, if he was to go to trial, don't
- 12:29Speaker 1: you think the defense would have maybe been to spare
- 12:31Speaker 1: his life He only meant to just look at her
- 12:36Speaker 1: or something. Maybe he didn't mean to kill her. The
- 12:39Speaker 1: two girls woke up and then he then he killed
- 12:42Speaker 1: them both. If you're defending him and then the Ethan
- 12:45Speaker 1: comes in and, you know, and then and now he's
- 12:49Speaker 1: killed four people and he didn't kill the other two girls.
- 12:53Speaker 1: So maybe his intent was not to kill all four,
- 12:55Speaker 1: even though he did pled that he had. premeditated killing
- 13:00Speaker 1: all four of them.
- 13:00Speaker 5: Well, he pled to killing all four as a result
- 13:03Speaker 5: of the burglary and with premeditation to go into the house.
- 13:07Speaker 5: So the burglary is what makes it what's known as
- 13:10Speaker 5: a special circumstance.
- 13:12Speaker 3: But I'll tell you what.
- 13:12Speaker 1: He says it was a burglary?
- 13:14Speaker 5: Yeah, he said that he went in with the intent
- 13:18Speaker 5: to commit a felony therein. That's essentially what a burglary requires.
- 13:22Speaker 5: And when the DA took the plea.
- 13:26Speaker 3: And I've got strong opinions on that.
- 13:28Speaker 1: Well, let's hear it.
- 13:29Speaker 4: Yeah.
- 13:29Speaker 5: Well, look, so I sat on the committee in Orange
- 13:33Speaker 5: County that reviewed these for 15 years. I've reviewed over 100.
- 13:36Speaker 5: Every special circumstance case would go through our committee and
- 13:39Speaker 5: we'd make a recommendation to the filing or to the
- 13:41Speaker 5: elected DA about whether or not to seek death or
- 13:44Speaker 5: life in prison.
- 13:45Speaker 3: Okay. And in California, it's life without possibility of parole
- 13:49Speaker 3: or the death penalty. All right.
- 13:51Speaker 5: So You go through those aggravating and mitigating factors, like
- 13:55Speaker 5: the case we were just talking about, like the kid
- 13:56Speaker 5: that was molested by the stepdad who murders him. That's
- 13:59Speaker 5: a huge factor in mitigation. Maybe there's drugs involved. Maybe
- 14:02Speaker 5: there's more than one person and the person on trial
- 14:04Speaker 5: was under the dominion and control of somebody who, like
- 14:08Speaker 5: a boyfriend or a husband or somebody that's really the
- 14:12Speaker 5: main actor, the driving force. There's a bunch of different
- 14:15Speaker 5: mitigating factors to reconsider. There's freaking zero in this case.
- 14:19Speaker 5: Brian Koberger was a monster. He did this because he
- 14:22Speaker 5: wanted to. He was obsessed with Ted Bundy. There's a
- 14:24Speaker 5: sexual assault component.
- 14:25Speaker 1: Oh, he was obsessed with Ted Bundy?
- 14:26Speaker 3: Obsessed with Ted Bundy. That's another.
- 14:27Speaker 1: It's very Ted Bundy-ish because with the sorority house.
- 14:31Speaker 3: That's right.
- 14:31Speaker 5: And for those who, I mean, Ted Bundy was a monster.
- 14:35Speaker 5: But the DA said there was no sexual component in that.
- 14:39Speaker 5: I just about jumped through my computer screen when I
- 14:41Speaker 5: saw him do that. There is a sexual component to
- 14:44Speaker 5: almost every single true serial killer type of murder. And
- 14:48Speaker 5: when you go into– he.
- 14:49Speaker 3: Was obsessed with at least one, but I.
- 14:51Speaker 5: Think he was following two of them on social media.
- 14:55Speaker 5: And he goes in there with that knife. He's not
- 15:01Speaker 5: there to play bingo. There's no ameliorating or mitigating factors
- 15:05Speaker 5: that have ever been released that we've heard other than
- 15:08Speaker 5: he may have been somewhere on the autism spectrum, which
- 15:11Speaker 5: is a big fact he may break.
- 15:12Speaker 1: There was no– Well, I mean you're like getting a
- 15:14Speaker 1: graduate degree. So if you're that, you're obviously functioning in
- 15:18Speaker 1: the world.
- 15:18Speaker 3: And he already had his master's. So he was a
- 15:21Speaker 3: PhD student. So this is a guy who– right.
- 15:23Speaker 5: He's functional. He had a relationship with his parents. He
- 15:26Speaker 5: was capable of learning. Like this was not– there was
- 15:29Speaker 5: no mitigating factors that outweighed the slaughter and the brutality that.
- 15:33Speaker 3: He put those families through.
- 15:34Speaker 1: So I mean there's no– you don't think we're going
- 15:37Speaker 1: to find– obviously there was no– other person that might,
- 15:42Speaker 1: like they kind of did with the Giglio murder, beach murder,
- 15:45Speaker 1: like where they're like, oh my god, four years ago
- 15:47Speaker 1: there was a girl missing. So, I mean, are we
- 15:50Speaker 1: pretty much convinced that this was the first time he killed?
- 15:54Speaker 3: It looks like this was his first rodeo.
- 15:56Speaker 5: The reason I say that is, A, he made so
- 15:58Speaker 5: many mistakes of leaving the knife sheath, which is deep.
- 16:01Speaker 1: With his DNA all over it. Which is like the knife,
- 16:02Speaker 1: the little leather thing that would cover the knife.
- 16:04Speaker 5: Yeah, and this was a Marine Corps K-bar knife is
- 16:07Speaker 5: what it's called. So this is a vicious stabbing instrument,
- 16:10Speaker 5: and What the DA revealed in the plea for the
- 16:14Speaker 5: first time was that they had an Amazon purchase for
- 16:17Speaker 5: a K-bar knife.
- 16:18Speaker 3: So that's the exact type of sheath it was that
- 16:20Speaker 3: we didn't know about before.
- 16:21Speaker 5: So a lot of the sleuthing that you're just talking
- 16:23Speaker 5: about is a result of the gag order that the
- 16:25Speaker 5: court put on that. Because I think that, and there
- 16:27Speaker 5: was kind of.
- 16:28Speaker 1: A- The sleuthing that other people did, you mean. Yeah,
- 16:30Speaker 1: that you could do.
- 16:31Speaker 3: There's a great documentary for those who haven't seen it
- 16:34Speaker 3: called Don't F with Cats.
- 16:35Speaker 1: Oh, I did see it. It was great.
- 16:36Speaker 3: It's awesome.
- 16:37Speaker 5: That's online sleuthing gone right. This is one where they,
- 16:40Speaker 5: a bunch of online sleuths, put it together and accused
- 16:44Speaker 5: one of the professors at that college of doing it
- 16:46Speaker 5: who's totally innocent.
- 16:47Speaker 1: And that was- Also, Maddie, for a while, people were
- 16:50Speaker 1: very suspicious of Maddie's ex-current boyfriend, kind of back and
- 16:53Speaker 1: forth boyfriend.
- 16:54Speaker 4: Right.
- 16:55Speaker 1: And they had talked that night. And thank God he
- 16:58Speaker 1: was cleared pretty soon. But even for a matter of days,
- 17:02Speaker 1: do you imagine having to go through that? And then
- 17:05Speaker 1: also people- Wondering about, you know, the two young girls
- 17:09Speaker 1: and what their mindset were. And, you know, obviously they're
- 17:13Speaker 1: going to, you know, be screwed up forever.
- 17:16Speaker 5: The DA changing the plea, you know, and there again,
- 17:21Speaker 5: there are good reasons to do that. Like the families
- 17:25Speaker 5: won't go through the process. The families won't.
- 17:27Speaker 3: Have to suffer through the appellate process.
- 17:30Speaker 5: But the way they broke it down in Idaho is
- 17:34Speaker 5: that it looks like he's going to get a parole.
- 17:35Speaker 3: Hearing one day.
- 17:37Speaker 5: And imagine this guy being out again because it's 10
- 17:39Speaker 5: plus 10 plus 10 plus 10 for the four murders
- 17:42Speaker 5: plus whatever your parole date would be for a 10-year
- 17:45Speaker 5: max on a burg.
- 17:46Speaker 3: So he's going to do under.
- 17:48Speaker 5: Current Idaho law 40 years and a few years before
- 17:53Speaker 5: he gets a parole hearing. He's a young man. Like
- 17:55Speaker 5: you want this guy getting out in his 70s? And
- 17:58Speaker 5: that's a problem. It's not life without possibility of parole.
- 18:01Speaker 5: I got a problem with that.
- 18:02Speaker 1: How is it not life without possibility of parole? I
- 18:04Speaker 1: thought it was.
- 18:05Speaker 3: Because it's a determinant sentence. In California, it is.
- 18:07Speaker 5: In Idaho, it is not, apparently. Now, and I got
- 18:11Speaker 5: a problem with the way he handled it. I got
- 18:12Speaker 5: a problem with the way that the Gonsalves family wasn't
- 18:16Speaker 5: in the loop. If what they said is true, that
- 18:18Speaker 5: they learned about this in an email and were given
- 18:21Speaker 5: like 48 hours to be at court, in California, that
- 18:24Speaker 5: would violate the constitutional rights of those families. And when
- 18:27Speaker 5: he got up, when that guy got up and told
- 18:29Speaker 5: us even more information we didn't know, and then started
- 18:32Speaker 5: choking up at the end.
- 18:33Speaker 3: I don't know if you saw that.
- 18:34Speaker 1: Who, the DA?
- 18:35Speaker 5: The DA started crying at the end as he's giving
- 18:37Speaker 5: Koberger a break. And Koberger, again, having done a bunch
- 18:42Speaker 5: of these, I tried eight of these myself. I prosecuted
- 18:45Speaker 5: 13 serial killers while I was in the unit for
- 18:47Speaker 5: the 17 years I was in the homicide.
- 18:49Speaker 1: I mean, it's disgusting that there's even 13 on the earth,
- 18:51Speaker 1: let alone that you actually prosecuted 13.
- 18:54Speaker 3: Oh, yeah.
- 18:55Speaker 5: The FBI estimates that at any given time, there are
- 18:58Speaker 5: between 25 and 50 active serial killers in the United
- 19:02Speaker 5: States at any given time.
- 19:03Speaker 3: Okay.
- 19:04Speaker 5: And they're just, they're out there. These guys are, they're
- 19:06Speaker 5: out there and have been since ancient Rome and even
- 19:10Speaker 5: ancient Greece.
- 19:11Speaker 2: What is peace of mind worth? Here at Tax Assist,
- 19:14Speaker 2: we can tell you it's worth every cent. Having a
- 19:17Speaker 2: professional file your tax return will ensure you are paying
- 19:20Speaker 2: the right amount of tax and no more. So if
- 19:24Speaker 2: you need to file a tax return, get in touch
- 19:26Speaker 2: with Tax Assist. Let us take the worry away and
- 19:30Speaker 2: give you back more time to do what you do best.
- 19:33Speaker 2: Always close to you, with over 20 branches nationwide and
- 19:37Speaker 2: online at taxassist.ie. TaxAssist. We can do more for you.
- 19:42Speaker 4: I'm Darman, and this is What Happens Next. Each week
- 19:47Speaker 4: on the show, I sit down with extraordinary people who
- 19:50Speaker 4: have faced tremendous setbacks, and yet somehow have found a
- 19:54Speaker 4: way to turn them into their greatest strengths.
- 19:57Speaker 2: Life is one long lesson of chaos.
- 20:00Speaker 3: I'm heading to the Emmys, and I have police complaints
- 20:02Speaker 3: filed against me.
- 20:03Speaker 1: When your free will was about to be taken from you,
- 20:06Speaker 1: what would you do if it was given back?
- 20:08Speaker 4: Where did that need come from where you thought that
- 20:11Speaker 4: you had to succeed in order to feel loved?
- 20:13Speaker 3: He said, I have a work dad. I need a
- 20:15Speaker 3: home dad. What happens next? When I came in, he
- 20:17Speaker 3: started crying. Everybody in life encounters hardships.
- 20:21Speaker 4: What defines them is not those hard moments that they
- 20:24Speaker 4: go through.
- 20:25Speaker 3: It's about what happens next.
- 20:27Speaker 1: I decided to risk it all.
- 20:28Speaker 3: I realized how valuable every day was. You're worth the work.
- 20:31Speaker 1: Listen, Dara, I'm not going to pull punches. You can
- 20:33Speaker 1: use your voice even if it's shaped.
- 20:35Speaker 4: The stories are different, but the impact is the same.
- 20:39Speaker 4: Only one question matters. What happens next?
- 20:49Speaker 1: How many women serial killers have there really been? Are
- 20:52Speaker 1: those mostly just like a weird nurse or poisoning people?
- 20:55Speaker 1: It's not, I think maybe because it's physically, they don't
- 20:59Speaker 1: have the strength of men. So like, what is a
- 21:02Speaker 1: female serial killer like?
- 21:04Speaker 3: So that's, that is a really interesting question.
- 21:06Speaker 5: There's a woman, of course, famously Eileen Warnhouse in Florida.
- 21:10Speaker 5: She was a female serial killer who's killing truck drivers.
- 21:12Speaker 1: Oh, that was the movie.
- 21:13Speaker 3: That's right.
- 21:14Speaker 1: That's right.
- 21:14Speaker 3: So, They do exist.
- 21:17Speaker 5: And the FBI definition of serial killer is two or
- 21:20Speaker 5: more killings committed by the same person at different events.
- 21:23Speaker 5: That's a really broad net. OK, that's that's that's very,
- 21:27Speaker 5: very wide. That includes gang members that can shoot straight.
- 21:29Speaker 5: That includes like mercy killing nurses. So or my scholar
- 21:35Speaker 5: daily own case, the I think the really interesting ones
- 21:38Speaker 5: like this one. And there's an old book, I talk
- 21:43Speaker 5: about this in my book, called Psychopathia Sexualis, which is
- 21:47Speaker 5: written by a guy. He's a contemporary of Freud. He
- 21:50Speaker 5: was a German psychiatrist in the late 1800s. And he
- 21:53Speaker 5: called them sadistic lust murders. So when you're talking about
- 21:56Speaker 5: the Dahmers and the Bundys and the John Wayne Casey's
- 22:00Speaker 5: and the Ted Bundys or my Rodney Alcala case, the
- 22:03Speaker 5: woman of the hour with Anna Kendrick.
- 22:05Speaker 3: Those guys are sexual predators. And those are– it's a
- 22:12Speaker 3: subset of the broad.
- 22:13Speaker 5: Definition of serial killer. But those are really– I have
- 22:16Speaker 5: no doubt that Koberger is one of those. So I
- 22:20Speaker 5: was pissed when that DA got up and said there
- 22:22Speaker 5: was no sexual component.
- 22:23Speaker 3: He can't know that.
- 22:25Speaker 5: It was– I think it was inappropriate for him to
- 22:27Speaker 5: say that. I've been publicly critical of him on that before.
- 22:30Speaker 5: But for there to be such a disconnect with at
- 22:32Speaker 5: least two of those families should never happen.
- 22:34Speaker 1: What's really interesting about that is because– I knew that,
- 22:38Speaker 1: you know, some of the families weren't OK with it.
- 22:40Speaker 1: And then I came across this, which was the mother
- 22:45Speaker 1: of the triplets. So the mother of the boy, Ethan,
- 22:49Speaker 1: she said there there's no appeal. He will go away.
- 22:54Speaker 1: My kids were going to be subpoenaed. And his friends
- 22:57Speaker 1: were going to be subpoenaed. And I'm glad that they
- 22:59Speaker 1: don't have to go through this. She said we were
- 23:01Speaker 1: in contact with the prosecutors throughout it. So they are
- 23:06Speaker 1: extremely pleased with this. However, Zena, his girlfriend's parents and
- 23:14Speaker 1: family were not happy with it. And they were a couple.
- 23:17Speaker 1: And essentially, Callie and Maddie were, you know, together best
- 23:22Speaker 1: friends since they were six. which is kind of heartbreaking
- 23:26Speaker 1: that they, I seem to be at odds maybe with
- 23:29Speaker 1: Maddie's parents because they met when they were six, the
- 23:32Speaker 1: family's all got along. Yeah.
- 23:33Speaker 3: That's the fault of the DA.
- 23:35Speaker 1: You wonder if like, was there any kind of, you know,
- 23:38Speaker 1: you lose the most important thing in your life, your
- 23:40Speaker 1: child is, was there any moment of like, if she
- 23:43Speaker 1: just hadn't lived with Maddie, she wanted to live over here. Like,
- 23:46Speaker 1: I don't know. Like, it's just, you, you don't know
- 23:48Speaker 1: what people grasp at in their worst moments. And, So
- 23:53Speaker 1: then last night I looked up in the documentary because
- 23:55Speaker 1: I was watching it, but there were so many kids
- 23:57Speaker 1: talking and stuff, and I didn't finish it. And both
- 24:01Speaker 1: the families that are not happy with this plea were
- 24:05Speaker 1: no part of the Amazon Prime doc, which kind of
- 24:09Speaker 1: makes me wonder how much was like working together, like
- 24:14Speaker 1: with the documentarian and the DAs. Not that they did
- 24:17Speaker 1: anything sinister, but it just is kind of strange that
- 24:21Speaker 1: The people that were happy with the plea are featured
- 24:23Speaker 1: and the people that are not were not, chose not
- 24:26Speaker 1: to be featured.
- 24:26Speaker 5: So the thing is, if you're going to seek life
- 24:28Speaker 5: in prison, make that announcement at the beginning. Don't put
- 24:31Speaker 5: the families through over a year of this with all
- 24:33Speaker 5: of the motions, remember that, and the change of venue
- 24:35Speaker 5: and everything that everybody went through. And it's not just
- 24:38Speaker 5: about the families. They're the most important element. First thing
- 24:41Speaker 5: I would always do in our office when we would
- 24:43Speaker 5: have a case like this, first thing we do is
- 24:44Speaker 5: meet with the families. I give them my personal cell number.
- 24:47Speaker 5: because you can give them some solace that at least
- 24:50Speaker 5: there's people that care about the case. But that kind
- 24:53Speaker 5: of communication, and sometimes family members can be tough, but
- 24:57Speaker 5: that's a part of the job. And there has to
- 25:00Speaker 5: be or there should be a change in circumstance, like
- 25:03Speaker 5: some critical piece of evidence isn't going to be admitted,
- 25:06Speaker 5: or there's something that has changed in the original assessment
- 25:09Speaker 5: that makes you look at it differently. And another thing
- 25:13Speaker 5: is ethically, it's really, and I'm not saying they did this,
- 25:16Speaker 5: You don't file the death penalty just to extract a plea.
- 25:19Speaker 3: You don't do that. You plead what you prove and
- 25:22Speaker 3: you prove what you pled. That was the philosophy of
- 25:24Speaker 3: the people that trained me.
- 25:25Speaker 5: So when you have a guy that announces that he's
- 25:27Speaker 5: seeking death, if you're going to come off it for
- 25:29Speaker 5: the sake of the families or whatever, great. But there
- 25:32Speaker 5: should be a change of circumstance. And it shouldn't just be, well,
- 25:35Speaker 5: now Koberger's lost all his pretrial motions. So he wants
- 25:38Speaker 5: to plead guilty. They all want to plead guilty. None
- 25:40Speaker 5: of them want to face the prospect of execution because
- 25:44Speaker 5: the vast majority of these guys are actual psychopaths. They
- 25:47Speaker 5: are the narcissist, picture it, narcissist to the extreme extreme.
- 25:51Speaker 3: Is what a psychopath really is.
- 25:53Speaker 5: The only person they really care about on the planet
- 25:56Speaker 5: Earth are themselves. And in the state of Idaho, we
- 25:59Speaker 5: have over 700 people here on death row in California,
- 26:02Speaker 5: probably never seen another execution. Idaho, they have seven or
- 26:06Speaker 5: maybe eight now. So it's a very small number. They
- 26:08Speaker 5: have firing squad there. He faced the very real prospect
- 26:12Speaker 5: of execution today. had he been convicted of this. And so,
- 26:15Speaker 5: of course, he wants to plead. And the big winner
- 26:18Speaker 5: that day, I hate to say it, was Brian Koberger.
- 26:21Speaker 1: And it bugs me. I agree. And I talked about
- 26:25Speaker 1: this on my Patreon. It was like, this guy, you know,
- 26:31Speaker 1: everybody that has a podcast will be reaching out to him.
- 26:35Speaker 1: And if he can book an interview once or twice
- 26:38Speaker 1: a month for the next 30 years— That's something to
- 26:41Speaker 1: live for. That's breaking up your week. That's giving you attention.
- 26:46Speaker 1: You can change your narrative. You can say you found Jesus.
- 26:49Speaker 1: You can get a wife or two or cheat on
- 26:53Speaker 1: the wife that's writing you with a new one.
- 26:55Speaker 3: Right.
- 26:56Speaker 1: Like the Menendez. Can I add.
- 26:58Speaker 3: To that a little bit?
- 26:59Speaker 4: Yeah.
- 26:59Speaker 5: One of the most common things you hear is, well—
- 27:03Speaker 5: And this comes from a good place, most people. I
- 27:05Speaker 5: guarantee some of your listeners are thinking this right now.
- 27:07Speaker 5: They're thinking, well, I think the worst thing for them
- 27:09Speaker 5: would be to sit in a cell and have to
- 27:11Speaker 5: think about it for the rest of their lives. They
- 27:13Speaker 5: don't think like that. They wouldn't have committed the crime
- 27:16Speaker 5: in the first place. And there's a picture of Brian
- 27:18Speaker 5: Koberger that he snapped.
- 27:20Speaker 3: It's a selfie. He did two of them.
- 27:22Speaker 5: One, he's wearing a hoodie and he looks like a
- 27:24Speaker 5: frigging vampire. Another one, right after the murder, he's giving
- 27:27Speaker 5: himself a thumbs up with this sinister grin. That's Brian Koberger.
- 27:31Speaker 5: That guy is going to have zero guilt. He's not
- 27:36Speaker 5: going to spend one second in his cell.
- 27:38Speaker 3: Regretting what he did. Otherwise, he wouldn't have done it
- 27:40Speaker 3: in the first place.
- 27:41Speaker 5: He's a psychopath. That's the way they think. And this
- 27:44Speaker 5: whole idea where you humanize these guys, it is a mistake.
- 27:48Speaker 3: It is a mistake.
- 27:48Speaker 5: And I hear it all the time. It's like, oh,
- 27:51Speaker 5: the worst thing would be to spend time really regretting it.
- 27:53Speaker 5: That's thinking like a human. If you think like that,
- 27:55Speaker 5: you don't go slaughter four kids in the first place.
- 27:58Speaker 1: Of course, as a parent. He had parents. He was
- 28:02Speaker 1: pulled over with the dad prior to him being arrested,
- 28:06Speaker 1: but after the murders for something else, some simple violation.
- 28:11Speaker 1: Have you ever dealt with parents who are good people
- 28:16Speaker 1: that are just horrified that they raised a murderer?
- 28:19Speaker 5: Okay, so this is another great myth about serial killers.
- 28:23Speaker 5: We all think of Buffalo Bill from Silence of the Lambs, right?
- 28:25Speaker 5: We think of the tortured individual who's killing women to
- 28:28Speaker 5: wear their skin. because he's trying to metamorphosize. And if
- 28:32Speaker 5: you read Mindhunter, the book, that's based on a real guy,
- 28:36Speaker 5: but he was horribly abused as a child. So he's
- 28:40Speaker 5: literally driven insane. And so we have this, one of
- 28:43Speaker 5: the most common questions I got in Homicide was what
- 28:46Speaker 5: could drive them to do that?
- 28:47Speaker 3: What could drive them to do that? The grim reality
- 28:51Speaker 3: is a lot of these guys are.
- 28:54Speaker 5: It's not from abuse. And Koberger had nuclear parents. His
- 28:58Speaker 5: biological mom and dad were still together. He had a
- 29:00Speaker 5: good enough relationship with his dad that they're driving across
- 29:03Speaker 5: country together. I didn't have that when I was 28.
- 29:05Speaker 5: My dad kicked me out when I was 17. A
- 29:08Speaker 5: lot of us don't. And so he had a good family.
- 29:13Speaker 5: And you see that when it comes to serial killers.
- 29:15Speaker 5: over and over and over again. Rodney Alcala, mental level IQ,
- 29:19Speaker 5: that's the dating game killer. He had a mother who
- 29:21Speaker 5: loved him. He had an aunt in his life.
- 29:22Speaker 3: Who loved him. He had a brother who graduated from
- 29:24Speaker 3: West Point, became a hero in Vietnam. Over and over
- 29:27Speaker 3: and over again, they are functional. They have high intelligence,
- 29:30Speaker 3: a lot of them. They have girlfriends. They have wives.
- 29:33Speaker 3: They are employed. They are functional members of society. They're
- 29:36Speaker 3: not doing it because they're compelled out of some horrific abuse.
- 29:39Speaker 3: They do it because they get off on it, because
- 29:41Speaker 3: it turns them on, and because they want to do it.
- 29:44Speaker 3: To them, to true serial killers, this kind of stuff
- 29:48Speaker 3: is fun.
- 29:49Speaker 1: Have you ever talked to parents that are a nuclear
- 29:53Speaker 1: family and this happens?
- 29:54Speaker 3: Oh, yeah.
- 29:55Speaker 1: And do they come closer together as parents or do
- 29:58Speaker 1: they turn and blame each other? Do they visit the
- 30:00Speaker 1: kid or are they just like, yeah, you should be
- 30:02Speaker 1: behind bars. Like you are beyond repair. You killed multiple people.
- 30:07Speaker 1: Like I don't even.
- 30:08Speaker 3: It's important to remember. And, you know, another one is Dahmer.
- 30:10Speaker 5: There's some great home videos of Dahmer interacting with his father,
- 30:14Speaker 5: even though he was kind of villainized in the in
- 30:16Speaker 5: the what was it?
- 30:17Speaker 3: Netflix. Yeah. Netflix series. I think that that was kind
- 30:21Speaker 3: of a it's a trope. To try to blame the parents.
- 30:24Speaker 5: And at the end of the day, the most common
- 30:27Speaker 5: trait that you see in these guys isn't abuse. It's
- 30:30Speaker 5: that they were spoiled, that they were indulged as kids.
- 30:32Speaker 5: I had another one, Andrew Urdialis. My next book, we
- 30:35Speaker 5: just did our proposal for it, and it's going to
- 30:38Speaker 5: be focused on serial killers. It was a trial we
- 30:41Speaker 5: did for six months. This guy was in the Marine Corps,
- 30:44Speaker 5: and he murdered five here in Southern California, probably five
- 30:49Speaker 5: more in the Chicago and Indiana area. all women, but
- 30:52Speaker 5: he also did multiple tours overseas as a Marine. So
- 30:56Speaker 5: I know he has victims over there in the middle
- 30:58Speaker 5: of his killings. And he's very prolific, super brutal. And
- 31:03Speaker 5: when we, because of that penalty phase, both the prosecution
- 31:08Speaker 5: and the defense, it's almost a race to mitigation. So
- 31:11Speaker 5: when you're working on one of these as a prosecutor,
- 31:14Speaker 5: hopefully the detectives have brought you in You have to
- 31:16Speaker 5: make all those calls and find out what happened in
- 31:19Speaker 5: this person's life because if there really is abuse, we
- 31:22Speaker 5: need to know about it now because if it's really
- 31:24Speaker 5: bad and it's real, and we believe it's real, probably
- 31:26Speaker 5: shouldn't seek the death penalty. Like if they really abused
- 31:29Speaker 5: his kids. But over and over again, what you do
- 31:31Speaker 5: is when you send really good detectives out there and
- 31:34Speaker 5: they interview family members who are like, no, there was
- 31:36Speaker 5: no abuse.
- 31:37Speaker 3: You see that over and over. Ernie Ellis was one
- 31:39Speaker 3: of those. And what happened with him, he had a
- 31:41Speaker 3: bunch of kids, blue collar family in Chicago. His oldest brother, tragically,
- 31:46Speaker 3: was a soldier in Vietnam and lost his life fighting
- 31:49Speaker 3: for his country, right? Heroic brother. The mom took that.
- 31:53Speaker 5: She was so devastated by it that she spoiled the
- 31:56Speaker 5: hell out of Andrew Urdialis. And it was like first
- 32:00Speaker 5: in line at the swing sets. He got everything he
- 32:02Speaker 5: wanted as a kid. I think Bundy had a very
- 32:05Speaker 5: similar background. I'll call it definitely had a similar background.
- 32:08Speaker 5: And that's something that you don't see enough in the literature.
- 32:11Speaker 5: Like these kids that are indulged and spoiled because then
- 32:13Speaker 5: they become young men and The world isn't so kind
- 32:16Speaker 5: to them, and they are entitled, and they take what
- 32:20Speaker 5: they want, and then they find that they get off
- 32:22Speaker 5: on it. I think that that is a component. It's
- 32:24Speaker 5: understudied in the literature. I'm hoping to add some chapters
- 32:28Speaker 5: in my next book on that because I think it's
- 32:30Speaker 5: a fascinating psychological component of it.
- 32:33Speaker 1: Yeah, and also just, you know, we know that he
- 32:35Speaker 1: was hunting and seeking them out and looking around the house, and,
- 32:39Speaker 1: you know, they were just such joyful people. They were cute.
- 32:41Speaker 1: They were all friends. They were having this fun life.
- 32:44Speaker 1: They were you know, close part of the frat sorority world.
- 32:48Speaker 1: I'm guessing he didn't have that at any time. And
- 32:52Speaker 1: that resentment too, just to add to the psychopath of
- 32:55Speaker 1: it all.
- 32:56Speaker 6: Yeah.
- 32:56Speaker 5: And he, his, whether it was on the spectrum or not,
- 32:58Speaker 5: I mean, he's super high functioning if he was, I
- 33:01Speaker 5: kind of think.
- 33:01Speaker 3: It was crap, but, but he also had a drug problem.
- 33:04Speaker 3: So he had a lot of the, if what drugs,
- 33:07Speaker 3: He was a heroin addict earlier on, co-worker was, allegedly.
- 33:10Speaker 1: Oh, I think I hit.
- 33:11Speaker 3: Yeah.
- 33:12Speaker 5: So the thing about that is that how much of
- 33:13Speaker 5: that social isolation was some poor guy, and I didn't
- 33:17Speaker 5: hear anything about him ever being bullied, was shunned. And
- 33:21Speaker 5: how much of it was just a product of his
- 33:23Speaker 5: own bad decision making? Because it really is different. And
- 33:26Speaker 5: that's another part of this, that one of the things
- 33:28Speaker 5: in the debate, and look, believe it or not, I'm
- 33:31Speaker 5: neutral on it. The death penalty for or against, I
- 33:35Speaker 5: really think there's good arguments both ways.
- 33:37Speaker 3: I really do.
- 33:38Speaker 5: But when you hear the whole deterrence argument, that's a
- 33:42Speaker 5: straw dog argument. Like there's no other crime, whether it's
- 33:45Speaker 5: burglary or robbery, you never hear that. It's like, well,
- 33:49Speaker 5: how do we know that by giving this robber eight
- 33:50Speaker 5: years in prison, it deters other people?
- 33:52Speaker 3: Like you don't hear that anywhere.
- 33:54Speaker 5: The death penalty is sought, in my experience, on a
- 33:58Speaker 5: case-by-case basis for individual justice crimes.
- 34:01Speaker 3: For that case. And you talk about this. Look at
- 34:03Speaker 3: those faces. They were these were innocent kids. They're all beautiful.
- 34:07Speaker 3: They're all at the very.
- 34:08Speaker 5: Beginning of their lives. They're going to have wonderful lives.
- 34:10Speaker 5: They're going to have families of their own. And the
- 34:12Speaker 5: ripple effect that these families are devastated. And for the
- 34:17Speaker 5: families that support the plea, I have zero criticism for them,
- 34:20Speaker 5: you know, and for the families that were against it. Again,
- 34:23Speaker 5: we can't we can't criticize somebody that they're victims and
- 34:27Speaker 5: they are immediate victims. Their lives will never be the same.
- 34:30Speaker 5: Because what happened, and look, in my view, if this
- 34:33Speaker 5: went up in our committee, this would have been a
- 34:36Speaker 5: death penalty case all day long. And we wouldn't have
- 34:38Speaker 5: come off it simply because the defendant wanted to plead
- 34:40Speaker 5: because they all do. And I think that that was,
- 34:42Speaker 5: I think it was the wrong call. I think that
- 34:44Speaker 5: the prosecution blinked. I think it was a cowardly move.
- 34:47Speaker 5: And I disagree with it.
- 34:48Speaker 1: And, you know, as someone who, you know, does talk
- 34:51Speaker 1: about this, and this is part of my show, of course,
- 34:55Speaker 1: I feel so much for the victims. But I also
- 34:57Speaker 1: think and as someone that enjoys watching movies about this,
- 35:02Speaker 1: we know there's going to be movies.
- 35:04Speaker 4: Yeah.
- 35:05Speaker 1: There's going to be a movie in two years. There's
- 35:07Speaker 1: going to be a movie in 10 years. There's going
- 35:09Speaker 1: to be just like, just like Bundy, just by OJ,
- 35:12Speaker 1: just like over and over and over again, because when
- 35:14Speaker 1: they would, people know this is what's going to get sold.
- 35:17Speaker 1: This is what people are going to watch because they
- 35:20Speaker 1: are young. They are attractive. It was a sensationalized story there. So,
- 35:25Speaker 1: and then, sadly, you know, of course the victim's families
- 35:29Speaker 1: don't have to watch it, but just to see it,
- 35:31Speaker 1: to start getting the calls, like five years from now,
- 35:34Speaker 1: they're going to be like, okay, I'm now have a
- 35:36Speaker 1: grandchild and things are moving on. And then it's going
- 35:38Speaker 1: to be like Netflix announces the dah, dah, dah, dah.
- 35:41Speaker 1: And I, I just am like, oh, it, people don't
- 35:45Speaker 1: think about that too, that it's never it when it's
- 35:47Speaker 1: a sensationalized case, it's never truly over.
- 35:50Speaker 5: Well, I, I, you know, I've, I've had to think
- 35:53Speaker 5: about this one in the true crime world, you know?
- 35:55Speaker 5: And I think that when it comes to public education,
- 35:58Speaker 5: I think it's a really good thing.
- 35:59Speaker 1: Yeah.
- 36:00Speaker 5: You know, I think that when it comes to another,
- 36:02Speaker 5: another good part about this plea, which I do kind
- 36:05Speaker 5: of like is all those online sleuths, you know, and,
- 36:07Speaker 5: and most of the time, like I'm, I'm all for
- 36:10Speaker 5: the engagement, right. Like for people to learn about it. And,
- 36:13Speaker 5: but for, there were some crazy conspiracy theories and the people, the,
- 36:17Speaker 5: the Coburger there's, there's, they had some, there's, they had
- 36:20Speaker 5: some name that they started calling themselves. And I, it
- 36:22Speaker 5: was like the, and I, I can't remember exactly what
- 36:26Speaker 5: it was.
- 36:26Speaker 1: You mean they thought he was innocent or something?
- 36:27Speaker 3: Yes.
- 36:27Speaker 4: Yeah.
- 36:28Speaker 5: So it's like, hey, he came into court and pled guilty. Like,
- 36:32Speaker 5: you were all wrong.
- 36:33Speaker 1: Yeah.
- 36:34Speaker 3: All the conspiracy theories.
- 36:35Speaker 1: Right.
- 36:35Speaker 3: He really did do it. All the cell phone people
- 36:38Speaker 3: that we heard, the experts that were.
- 36:39Speaker 5: Calling out, you were all wrong. And by the way,
- 36:41Speaker 5: the college professor didn't do it. The ex-boyfriend didn't do it.
- 36:45Speaker 5: The police were right. This was a really good investigation.
- 36:47Speaker 5: The evidence was overwhelming. It was always overwhelming. And he
- 36:51Speaker 5: would have gone down, especially in a death-qualified jury in Idaho.
- 36:54Speaker 5: And I think he would have been sentenced to death. Look,
- 36:57Speaker 5: it is the highest level of appellate scrutiny as it
- 37:00Speaker 5: should be, especially in a state that might actually execute,
- 37:02Speaker 5: but it should be.
- 37:03Speaker 3: Death penalty is something that's very somber. It's very serious.
- 37:07Speaker 5: But I, yeah, this is one that just, in my view,
- 37:11Speaker 5: my opinion, screamed out for it.
- 37:13Speaker 1: Well, we pray for their families.
- 37:15Speaker 3: Yeah.
- 37:17Speaker 1: Okay. Now, this was, I did not even know about
- 37:20Speaker 1: this till this weekend, but there is a case. His
- 37:23Speaker 1: name is Rowell Valley. And the way I understand it
- 37:28Speaker 1: is there were two private schools. One, I think, was Catholic.
- 37:33Speaker 1: Maybe the other one was just non-denominational. But so these
- 37:36Speaker 1: kids come from means because it's like 19,000 a year.
- 37:39Speaker 1: The other ones, it was 22,000 a year or something.
- 37:42Speaker 1: And the boys were like fighting. Do you know much
- 37:45Speaker 1: about this case? Why don't you explain? You could probably
- 37:47Speaker 1: explain it better than I. But it got a lot
- 37:50Speaker 1: of press because the verdict just came out.
- 37:54Speaker 5: So, yeah, and I don't pretend to be an expert
- 37:56Speaker 5: on all the details of this. But essentially what happened
- 37:58Speaker 5: was it was end of the year, high school parties.
- 38:03Speaker 5: And these guys go to this kid here on the screen.
- 38:07Speaker 5: He's 20 now. He goes with a bunch of buddies
- 38:10Speaker 5: to one party and they get in a big fight.
- 38:12Speaker 5: Then they go to the party of essentially their rival school.
- 38:16Speaker 5: And there's a second big fight. And this guy pulls
- 38:19Speaker 5: a knife out and stabs four of the kids that
- 38:21Speaker 5: are involved in the fight, stabbing one in the heart.
- 38:24Speaker 3: Killing him.
- 38:24Speaker 5: And he was a lacrosse player. Again, and these are horrible.
- 38:30Speaker 5: And I've prosecuted these myself in Orange County. Young guys,
- 38:34Speaker 5: a lot of ego, a little bit of booze. They
- 38:37Speaker 5: start fighting and somebody pulls out a knife. And physiologically,
- 38:42Speaker 5: it's a really tragic part of the human body. The
- 38:49Speaker 5: majority of people are right-handed. And we are almost completely
- 38:52Speaker 5: symmetrical until you get in the inside. And I've watched,
- 38:55Speaker 5: I saw a bunch of these autopsies with young men
- 38:57Speaker 5: who've been killed with knives. Almost all of our really
- 39:01Speaker 5: important blood vessels in our heart come out on the
- 39:03Speaker 5: left side. So when you're talking about a right-handed person
- 39:06Speaker 5: and they're swinging at shoulder level, if you get it
- 39:09Speaker 5: between the ribs, you, it's, it's very common.
- 39:13Speaker 1: It is.
- 39:14Speaker 3: So yeah.
- 39:14Speaker 4: Yeah.
- 39:15Speaker 1: That's so interesting.
- 39:15Speaker 5: And that's what, that's what happened here. So this kid
- 39:17Speaker 5: got stabbed. Um, and I've, I've, I prosecuted these as
- 39:21Speaker 5: murder cases. Melee, brawl, some guy pulls out a knife,
- 39:26Speaker 5: stabs another kid, and that kid will die.
- 39:29Speaker 3: And yeah, you get.
- 39:31Speaker 5: The heart or any of those really critical blood vessels
- 39:35Speaker 5: coming out of the left side of the heart. It's
- 39:39Speaker 5: usually over within a couple of minutes, and it is brutal.
- 39:42Speaker 3: And so, yeah.
- 39:43Speaker 1: So, I mean, I saw some of his testimony. He
- 39:45Speaker 1: did take the stand.
- 39:46Speaker 4: Yep.
- 39:47Speaker 1: Which we always talk about, you know, do you put
- 39:49Speaker 1: your defendant on the stand? And so often it seems
- 39:53Speaker 1: like they don't. Obviously, it worked in his favor. You know,
- 39:58Speaker 1: he was, from what I can tell, extremely remorseful, crying, saying,
- 40:05Speaker 1: you know, they were all attacking me and I had
- 40:07Speaker 1: the knife and I was just inadvertently going like this
- 40:10Speaker 1: to just get them away. Now, the prosecutor had his
- 40:14Speaker 1: former friend say, the other people involved were all exonerated
- 40:21Speaker 1: and they were witnesses for the prosecution, but it was
- 40:24Speaker 1: more like he went back to the car and got
- 40:27Speaker 1: the knife, which then would say, it's not like it
- 40:29Speaker 1: was on you from cutting open a box at the
- 40:31Speaker 1: UPS store earlier. That does make you sound like it
- 40:36Speaker 1: was a little bit, like you went to the fight
- 40:39Speaker 1: with a knife, whether you left and got another, you
- 40:40Speaker 1: did go with the knife.
- 40:42Speaker 3: Okay, so for your viewers, You went to Louisville. I
- 40:45Speaker 3: went to Loyola.
- 40:47Speaker 5: My, my, my Christmas dance date and my senior prom
- 40:51Speaker 5: date both went to Louisville.
- 40:53Speaker 1: Congrats.
- 40:55Speaker 3: Thank you. So look, we've, we've, we did the prep school,
- 40:59Speaker 3: high school circuit thing. I got in fights when I
- 41:01Speaker 3: was in high school, like, like, like this. It's a,
- 41:04Speaker 3: you don't hear.
- 41:04Speaker 1: About fights as much. So I have to say like
- 41:08Speaker 1: knock on wood, like both my son's, there were maybe
- 41:12Speaker 1: fights that happened at the, at the brother's boy school
- 41:14Speaker 1: that my son went to. He was never really, he
- 41:17Speaker 1: was never involved in one. It doesn't seem like it
- 41:18Speaker 1: happens as much. It's 2025. We're in LA. Everything's litigious.
- 41:23Speaker 3: It's harmless.
- 41:24Speaker 1: So it's like, this was to me shocking. This is
- 41:27Speaker 1: something that would happen in 1988. Right. Minus the knives,
- 41:30Speaker 1: but stuff like that did happen.
- 41:32Speaker 3: That's the thing. Minus the knives.
- 41:33Speaker 1: Okay.
- 41:34Speaker 5: So having lived in that world, the prep school thing,
- 41:36Speaker 5: which we did going to those parties, which we did,
- 41:38Speaker 5: the rivals, the crispy, whatever. Um, fights happen, people have bruises,
- 41:43Speaker 5: and they have good stories and hangovers the next day.
- 41:45Speaker 5: Who frigging brings a knife? Who brings a knife? And
- 41:48Speaker 5: when you pull a knife out, and look, I'm reticent
- 41:52Speaker 5: ever to criticize a jury's decision. And of course, as
- 41:55Speaker 5: an attorney, I accept the jury's decision. This kid is
- 41:58Speaker 5: presumed innocent. He was acquitted of the murder. He's acquitted
- 42:00Speaker 5: of the manslaughter. That's the way our system works. I
- 42:04Speaker 5: accept that completely. That foreperson decided to give an interview.
- 42:08Speaker 5: And he said, that he was very critical of the
- 42:10Speaker 5: prosecution saying essentially they had no evidence of intent to kill.
- 42:14Speaker 5: I don't know how much more intent you could have
- 42:16Speaker 5: than stabbing somebody with a knife in the heart. Okay,
- 42:20Speaker 5: like swinging it around, that is a deliberate thing. He
- 42:23Speaker 5: stabbed four different people.
- 42:25Speaker 3: Right, so the whole defense was self-defense.
- 42:27Speaker 5: Right, more from the perspective of a kid having been
- 42:30Speaker 5: at that party when we were kids, who pulls out
- 42:34Speaker 5: a frigging knife and starts stabbing people? And so that's
- 42:37Speaker 5: why the prosecution- went after him for murder. And that's
- 42:40Speaker 5: why they haven't dismissed the case. And they still have
- 42:42Speaker 5: lesser charges that they're going to pursue. He faced up
- 42:44Speaker 5: to 60 years because he stabbed four different people. And
- 42:48Speaker 5: all of the serious charges, essentially, he was acquitted on.
- 42:51Speaker 3: Good for him. Maybe he'll have a life.
- 42:53Speaker 5: But my heart breaks for the family of that boy
- 42:57Speaker 5: who was in a high school party and left in
- 43:01Speaker 5: a box. And that's an awful thing. And for kids
- 43:04Speaker 5: who bring knives to parties, To defend your ego. And
- 43:07Speaker 5: by the way, the last one of these I prosecuted
- 43:09Speaker 5: was it happened at a New Year's Eve party. And
- 43:12Speaker 5: that's exactly what the kid's defense was. And he testified
- 43:15Speaker 5: to was, well, I was cutting boxes at my job
- 43:17Speaker 5: that day. And that's why I had the knife.
- 43:19Speaker 1: Oh, really? Yeah.
- 43:20Speaker 5: And it was that you worked at a Calvin Klein store.
- 43:24Speaker 1: What was the verdict?
- 43:26Speaker 3: It was one of mine.
- 43:28Speaker 1: So you won?
- 43:29Speaker 3: It was a murder. It was a murder verdict. You
- 43:30Speaker 3: got life in prison. And by the way, F him. OK.
- 43:33Speaker 3: And that family was.
- 43:35Speaker 5: Absolutely brutalized by that. And I mean, that's something that
- 43:39Speaker 5: a lot of people don't. And thankfully, most people never
- 43:42Speaker 5: experience this. These ruin families, you know, and the term
- 43:46Speaker 5: closure is something that's one of my it's one of
- 43:49Speaker 5: my pet peeves. It doesn't exist when you're the mother
- 43:52Speaker 5: of a murder victim. And it was a New Year's
- 43:53Speaker 5: Eve party. And there was these this guy went with
- 43:56Speaker 5: his brother and a couple of his buddies. And some
- 43:58Speaker 5: some a-hole, my defendant, was having a bad night. He
- 44:01Speaker 5: was a rich kid from South Orange County. Um, he, again,
- 44:06Speaker 5: kind of spoiled, had a retail job, um, you know,
- 44:09Speaker 5: and he, his, he wanted to pick a fight and
- 44:12Speaker 5: he picked the fight with this, with the weakest kid
- 44:15Speaker 5: of this crew who was, you know, and he'd never
- 44:17Speaker 5: been in a fistfight in his life. So he starts
- 44:19Speaker 5: to flick the cigarette at him being that a-hole kid,
- 44:22Speaker 5: not realizing his big brother, who's an Air Force veteran,
- 44:26Speaker 5: who was there, who's like four years older, had just
- 44:28Speaker 5: gotten out of the Air Force and was about to
- 44:30Speaker 5: start school. Um, and he stuck up for his younger
- 44:33Speaker 5: brother and The defendant pulled out a knife, same exact thing,
- 44:38Speaker 5: swung at him, nicked one of the blood vessels on
- 44:43Speaker 5: the left side of his heart. And it's not like
- 44:48Speaker 5: TV where you get stabbed and people die. The big
- 44:51Speaker 5: brother finished the fight, won the fight, knocked the guy out, ran,
- 44:55Speaker 5: got about 100 yards away, and he didn't know he
- 44:57Speaker 5: was dead. And then he collapsed and died. And that family,
- 45:01Speaker 5: they were the nicest people.
- 45:02Speaker 1: And this was the vet?
- 45:04Speaker 3: He was the veteran Air Force vet.
- 45:05Speaker 1: Oh, my God.
- 45:05Speaker 3: You know, you get home from a war. Dead on
- 45:07Speaker 3: New Year's Eve.
- 45:08Speaker 5: Because some kid wanted to defend his ego with a knife.
- 45:10Speaker 5: And by kid, same age, like 1920, you know. And he,
- 45:15Speaker 5: that family, it destroys them. You know, they moved to
- 45:18Speaker 5: Virginia because they found horses to be therapeutic. Grew up
- 45:22Speaker 5: in Southern California. The sister had a horrible time with it.
- 45:25Speaker 5: The younger brother on the stand, it broke my heart
- 45:28Speaker 5: because he had to testify to all that. And, you know,
- 45:30Speaker 5: in his mind, if he was stronger, if he had,
- 45:33Speaker 5: if he was a better fighter or if he, you know,
- 45:35Speaker 5: then his big brother wouldn't have been dead. And it
- 45:37Speaker 5: was all some a-hole with a knife who pulls it
- 45:40Speaker 5: out in what should have just been a dust-up. I mean,
- 45:43Speaker 5: the fight shouldn't have happened in the first place. But look,
- 45:45Speaker 5: these guys got in two fights in the same night.
- 45:48Speaker 3: I don't know.
- 45:49Speaker 5: And look, presumed innocent, good for him. However, I know
- 45:53Speaker 5: a dozen prosecutors who would have won that and the
- 45:55Speaker 5: foreperson said there was no evidence of intent.
- 45:58Speaker 3: Sorry, buddy.
- 45:59Speaker 5: You know, and look, part of that really is You know,
- 46:03Speaker 5: part of the whole defund the police thing is there.
- 46:06Speaker 5: We need to have good prosecutors. We need to have
- 46:09Speaker 5: people with skills and dedication, but they're underpaid and there
- 46:14Speaker 5: are they're under supported. And in the state of California,
- 46:17Speaker 5: they are every life case. There's an appellate process where
- 46:22Speaker 5: every prosecutor is accused of something horrific, some sort of
- 46:25Speaker 5: dastardly prosecutorial misconduct that could they can get you disbarred.
- 46:30Speaker 5: And I fear we've reached a tipping point of skill
- 46:33Speaker 5: right now with a lot like we saw this in Diddy.
- 46:36Speaker 5: We saw this in Karen Reed.
- 46:37Speaker 3: We've seen this in a lot of cases.
- 46:38Speaker 1: Let's get to those. But I will just say a
- 46:40Speaker 1: little follow up on this thing is now they will
- 46:43Speaker 1: go forward, the victim's family, with civil cases in which
- 46:49Speaker 1: they'll sue him, sue his family, sue the people that
- 46:53Speaker 1: had the party prior to going to this party who
- 46:57Speaker 1: The parents have provided the alcohol. So, I mean, this
- 47:01Speaker 1: is why we never had parties at our house with alcohol.
- 47:06Speaker 1: I never could understand when I had friends that were like, well,
- 47:09Speaker 1: you know, we just let them have Trulies or whatever
- 47:12Speaker 1: after prom. And I'm like, what are you doing? Like,
- 47:15Speaker 1: why are you having this? Like the minute.
- 47:18Speaker 5: Liability is real on that, especially in a litigious state
- 47:21Speaker 5: like California.
- 47:21Speaker 1: I literally explain to my kids, I'm like, this is
- 47:25Speaker 1: our family.
- 47:25Speaker 3: Yeah.
- 47:26Speaker 1: You will inherit this. If you have a party and
- 47:29Speaker 1: something happens, we get sued. So, like, they didn't want
- 47:32Speaker 1: the parties. They weren't like, yeah, let's– oh, let me
- 47:35Speaker 1: just have all my friends over. I knew back in
- 47:38Speaker 1: the 80s that it was a liability to have people
- 47:41Speaker 1: partying and drinking at my house. And so it's like
- 47:44Speaker 1: I just cannot understand any parent that has– Even whether,
- 47:51Speaker 1: I don't care what you do. Oh, you get two
- 47:52Speaker 1: drink tickets. Kids bring in their own alcohol. Oh, we
- 47:55Speaker 1: checked all the backpacks. Why are you having the party?
- 47:58Speaker 3: Right.
- 47:58Speaker 1: Fuck it.
- 47:59Speaker 4: Right.
- 47:59Speaker 1: Like they can wait until they go to college. Like
- 48:01Speaker 1: what are you doing? Yeah.
- 48:03Speaker 5: Well, and I guarantee the defense of that civil case
- 48:05Speaker 5: is going to be who thinks anybody is going to
- 48:08Speaker 5: bring a knife to a high school party. That's going
- 48:10Speaker 5: to be the defense. They're going to say it's not
- 48:12Speaker 5: reasonably foreseeable that four hotheads are going to show up
- 48:15Speaker 5: armed with a deadly weapon.
- 48:16Speaker 4: Right.
- 48:16Speaker 3: And they're going to try to settle whatever– beef they
- 48:19Speaker 3: start or get started with them with a deadly weapon.
- 48:22Speaker 3: That's going to be the defense, you know?
- 48:23Speaker 1: Wow.
- 48:24Speaker 3: Yeah.
- 48:25Speaker 1: Um, okay. Uh, speaking of other kids, this story just
- 48:29Speaker 1: came out. There's a 17 year old girl. She's accused
- 48:32Speaker 1: of killing her mother and her stepfather and then called
- 48:35Speaker 1: nine one nine one one. There isn't a lot on
- 48:37Speaker 1: this except that it was her six year old sister
- 48:41Speaker 1: who like found them in their room. Dad told the sister,
- 48:45Speaker 1: the sister called the 17 year old. They didn't know
- 48:48Speaker 1: who did it. It was like a shooting, like a Menendez. And,
- 48:52Speaker 1: you know, this was a few months ago. So she
- 48:54Speaker 1: did speak at the eulogy. I watched the video. you know,
- 49:00Speaker 1: I don't know if she used chat GPT to write
- 49:02Speaker 1: her eulogy, but it was very well written. It was,
- 49:05Speaker 1: you know, I'll miss you. You were so wonderful. She
- 49:08Speaker 1: speaks very highly of her stepdad, that he was a
- 49:11Speaker 1: wonderful father to her and all this other stuff. And
- 49:14Speaker 1: then just a couple days ago, she turned herself in.
- 49:18Speaker 1: Apparently her biological dad, I guess, brought her. She turned
- 49:21Speaker 1: herself in, responsible for the death of both of these people.
- 49:25Speaker 1: But they said they're still looking at other family members
- 49:30Speaker 1: and other people, as many as four people that also
- 49:33Speaker 1: might be arrested, which is like, what is this? I mean,
- 49:36Speaker 1: I'm guessing... Did she have a boyfriend that they didn't
- 49:40Speaker 1: want her to see anymore? Did some. But it's crazy
- 49:43Speaker 1: that she could go on and act normal and everything,
- 49:46Speaker 1: much like the Menendez brothers for months and months.
- 49:49Speaker 3: Yeah.
- 49:49Speaker 5: So this is and we don't know yet on this.
- 49:52Speaker 5: So it's going to be very interesting. They're trying her
- 49:54Speaker 5: as an adult. She faces, obviously, life in prison if
- 49:58Speaker 5: she's convicted. But this rings of a case I worked
- 50:02Speaker 5: on in Orange County, my Mullinex case, where it was
- 50:04Speaker 5: a boyfriend-girlfriend scenario where the mom did not approve of
- 50:07Speaker 5: the boyfriend. And they murdered her. And she was found
- 50:13Speaker 5: in Newport Bay. And this is kind of interesting. So
- 50:17Speaker 5: she's naked, the mom. And they dump her in Newport Harbor.
- 50:21Speaker 5: And all she had was– She'd been in the water
- 50:26Speaker 5: for a while, so we were having a really tough time.
- 50:28Speaker 1: When you say for a while, what is that? How
- 50:29Speaker 1: many days, weeks?
- 50:31Speaker 3: Over 24 hours. Oh, okay.
- 50:33Speaker 1: Okay?
- 50:33Speaker 3: But that's long enough to prune, right?
- 50:35Speaker 2: Okay.
- 50:35Speaker 5: And to identify somebody, you usually do it with fingerprints
- 50:38Speaker 5: if there's been no call of the police. So we
- 50:40Speaker 5: have this woman, and her nails were perfect. She's obviously like,
- 50:45Speaker 5: you know, she was- Of a certain stature.
- 50:47Speaker 3: Yeah. Yeah. And she'd had some work done on her boobs. Okay.
- 50:53Speaker 3: So she had to see it.
- 50:54Speaker 5: So- We couldn't identify her, and that's where every investigation starts.
- 50:57Speaker 5: You have to figure out who the person is, you know,
- 51:00Speaker 5: especially if the body's been dumped. And we're in there,
- 51:03Speaker 5: and we're looking.
- 51:04Speaker 3: At the photos.
- 51:05Speaker 5: And I was at the dock because we'd go to
- 51:07Speaker 5: our scenes, and one of these guys, his name was
- 51:09Speaker 5: Tom Voth, walks up with a sandwich. He was a
- 51:11Speaker 5: great detective. And he walks up, and he wasn't on
- 51:13Speaker 5: the case. But he looks, and he's like, boob job?
- 51:17Speaker 5: And we're tearing our clothes because we can't— figure out
- 51:21Speaker 5: her identity because the fingerprints didn't work. And we had no, no,
- 51:24Speaker 5: no calls for a missing woman. And, and I'll never
- 51:27Speaker 5: forget it. He's got a sandwich in his mouth. He's like,
- 51:29Speaker 5: he goes, you know, there's a serial number on the,
- 51:32Speaker 5: on the implants.
- 51:33Speaker 3: He's like there. And it's unique.
- 51:34Speaker 5: And none of us did. And it's like within 15 minutes,
- 51:38Speaker 5: we had her name and the investigation was off and running.
- 51:40Speaker 5: And that's, that was the thing, the boyfriend and the
- 51:43Speaker 5: daughter murdered her because she didn't approve of the boyfriend.
- 51:47Speaker 5: And they were driving across country. And when the police–
- 51:50Speaker 5: I want to say it was in Alabama when they
- 51:52Speaker 5: finally pulled him over.
- 51:53Speaker 1: How did they kill her?
- 51:55Speaker 3: They stabbed her. And, yeah.
- 51:59Speaker 1: Like stabbed her in the home and then wrapped her
- 52:01Speaker 1: up and threw her in.
- 52:01Speaker 3: The– Yeah, threw her in the bay.
- 52:03Speaker 1: And did– what was the final result? Did the girl
- 52:06Speaker 1: try to say, I didn't want it and it was
- 52:08Speaker 1: all my boyfriend's fault?
- 52:09Speaker 3: Yes, she did.
- 52:10Speaker 5: And she said she'd been kidnapped by her boyfriend. And
- 52:13Speaker 5: one of the key pieces of evidence in that is
- 52:15Speaker 5: she packed a vibrator. When they left and it's like
- 52:17Speaker 5: maybe the first kidnapping victim ever.
- 52:19Speaker 3: Hey, wait a second. I want to bring this.
- 52:20Speaker 5: So and when the when the state trooper in I
- 52:24Speaker 5: think it was Alabama pulled them over. It's been a
- 52:26Speaker 5: while since I looked at this one. But you could
- 52:29Speaker 5: hear her in the car on the on the dash
- 52:32Speaker 5: cam telling the boyfriend, shoot him, shoot him to the boyfriend.
- 52:36Speaker 5: And then it was like, oh, no, no. She was
- 52:38Speaker 5: saying that to the trooper to shoot the boyfriend, which,
- 52:41Speaker 5: of course, is nonsense. And then turns out she was
- 52:43Speaker 5: completely in on it. she was convicted and sentenced to
- 52:47Speaker 5: life in prison.
- 52:48Speaker 1: And so was he, obviously.
- 52:48Speaker 3: And so was the boyfriend, right.
- 52:52Speaker 1: Wow.
- 52:53Speaker 4: Yeah.
- 52:53Speaker 3: So I don't know.
- 52:54Speaker 5: I'm really interested in the facts on this one. I
- 52:57Speaker 5: think the defense, what we can anticipate, they're going to
- 53:01Speaker 5: blame the stepdad, and maybe it's true or not. I
- 53:05Speaker 5: think that they're going to have problems with that eulogy
- 53:07Speaker 5: because if they say that he was molesting her, it's
- 53:10Speaker 5: going to be tough for them to come in and Well.
- 53:15Speaker 1: The Menendez brothers did eulogies too and said what wonderful
- 53:19Speaker 1: things about them and how great and playing tennis and
- 53:23Speaker 1: being a businessman. Speaking of which, what are your thoughts
- 53:28Speaker 1: since we're talking about young girls who killed their moms,
- 53:30Speaker 1: who got their boyfriend to do it? How do you
- 53:33Speaker 1: feel about Gypsy Rose and where she is today?
- 53:36Speaker 3: That's a tough one.
- 53:38Speaker 4: Right.
- 53:39Speaker 3: So here's the thing.
- 53:41Speaker 5: My view on this, of course, not one of my cases,
- 53:45Speaker 5: Gypsy Rose's reasons to murder.
- 53:47Speaker 3: Her mother were real. Right. I agree.
- 53:50Speaker 5: It's called Munchausen syndrome by proxy. And her mother passed
- 53:54Speaker 5: her off as being developmentally disabled and having all these things.
- 53:57Speaker 5: Her mother was a horrible human being who was, well,
- 54:01Speaker 5: she was mentally ill for sure. And what she put
- 54:04Speaker 5: her daughter through was horrific.
- 54:06Speaker 3: Okay.
- 54:06Speaker 5: So Gypsy Rose getting out is a— I understand it. I
- 54:13Speaker 5: don't have a problem with it because of everything. You
- 54:16Speaker 5: talk about— we were talking about mitigating evidence in a death penalty.
- 54:19Speaker 5: That's a great example of mitigating evidence. My problem with
- 54:23Speaker 5: the Gypsy Rose case is her boyfriend, who essentially came
- 54:29Speaker 5: into this in a super misguided way.
- 54:31Speaker 1: Met her online. I mean, they weren't even like— Believed.
- 54:35Speaker 5: He was doing a good thing by killing the mom.
- 54:37Speaker 5: he's still doing life in prison. And I think that's
- 54:40Speaker 5: one of those things. There's a thing in the law
- 54:41Speaker 5: known as transferred intent. Like if you decide to murder me,
- 54:44Speaker 5: hopefully I never make you that mad, but if you
- 54:47Speaker 5: decide to murder me and you miss and you hit
- 54:49Speaker 5: somebody else in the studios, the intent that you have
- 54:53Speaker 5: to murder me is transferred to that other person, okay?
- 54:56Speaker 5: I think that you almost have to do the same
- 54:59Speaker 5: thing in reverse when you have something like this. If
- 55:01Speaker 5: her intent in murdering her mother is ameliorated and it's
- 55:04Speaker 5: mitigated and.
- 55:04Speaker 3: The slayer here that that she got to.
- 55:08Speaker 5: Do it um you know believed all that and it
- 55:11Speaker 5: was true like she really was horribly abused by her
- 55:13Speaker 5: mother i think that he needs to get the benefit
- 55:16Speaker 5: of that i that's that's my view it's.
- 55:18Speaker 1: So it's so interesting because i she has her own
- 55:21Speaker 1: reality show and i watched a little of it because
- 55:23Speaker 1: my friend was like i'm fascinated and you know it
- 55:27Speaker 1: is kind of strange she got a husband and She
- 55:30Speaker 1: decided all of a sudden when all the press ended
- 55:33Speaker 1: and she was just filming her reality show in their
- 55:35Speaker 1: boring Louisiana town, she was like, I don't want this.
- 55:38Speaker 1: She gets rid of that husband who looks just like
- 55:40Speaker 1: her mother, by the way. Then she goes back to
- 55:43Speaker 1: another boyfriend that she had that the viewers all felt
- 55:47Speaker 1: were gay, has his baby. Now she's divorcing him. And
- 55:52Speaker 1: allegedly there's letters where she's writing him saying, I know
- 55:56Speaker 1: you're gay and da-da-da-da. And that while she was in prison,
- 56:00Speaker 1: she was one of those women, allegedly, who would, you know,
- 56:03Speaker 1: get a lot of men to put money on the
- 56:06Speaker 1: books and all that kind of stuff and kind of
- 56:08Speaker 1: manipulate this. But I don't, you know, again, you're in prison.
- 56:12Speaker 1: What are you going to do? Like, you're a famous person.
- 56:14Speaker 1: You're having guys write you.
- 56:15Speaker 5: That's one of the few cases that you'll ever hear
- 56:18Speaker 5: me say, I kind of feel sorry for the killer.
- 56:20Speaker 4: Yeah.
- 56:21Speaker 3: Like the guy that's. Yeah. His appeals have been, I think,
- 56:25Speaker 3: up to this point, they've all been rejected, you know,
- 56:28Speaker 3: and technically, legally.
- 56:29Speaker 1: Yeah.
- 56:29Speaker 3: For very good reasons. It was a first degree murder
- 56:31Speaker 3: all the way.
- 56:32Speaker 1: And like, yeah, if you were that manipulated, that easy
- 56:34Speaker 1: to do it, who's to say who you're going to
- 56:36Speaker 1: get wrapped up with five years from now when you're out? Like, obviously,
- 56:40Speaker 1: your judgment is horrible.
- 56:41Speaker 3: Remember that case? I'm sorry.
- 56:43Speaker 1: No, go ahead.
- 56:44Speaker 5: That case in Texas was the same thing. She got
- 56:45Speaker 5: the special forces soldier who'd.
- 56:47Speaker 3: Been deployed a million times, got blown up, had brain
- 56:49Speaker 3: damage in Texas.
- 56:50Speaker 1: Oh, yes, we covered that one, yeah.
- 56:51Speaker 5: Yeah, and he went and committed the murder of her husband.
- 56:54Speaker 5: It wasn't real. She'd manipulated him to do it. But
- 56:57Speaker 5: that was another one.
- 56:58Speaker 3: Honestly, I felt... I felt sorry for that guy. I
- 57:02Speaker 3: really did. Because he believed that he was, it was
- 57:05Speaker 3: his girlfriend from high school. He thought he was helping her.
- 57:08Speaker 3: She said that she was horrifically abused sexually by this
- 57:11Speaker 3: guy and really manipulated this poor man who was a
- 57:16Speaker 3: war hero. And he went in and killed the husband.
- 57:17Speaker 1: Speaking of that, Sherry Papini came on the show. Everyone
- 57:21Speaker 1: knows the story, but it was very similar. in that
- 57:25Speaker 1: she shared with her boyfriend that she was just doing
- 57:28Speaker 1: communication on the phone with her old boyfriend, but she
- 57:30Speaker 1: was talking to him on the phone. Allegedly, she shared
- 57:35Speaker 1: that she wasn't in a good marriage. Now she's coming.
- 57:39Speaker 1: She came on my show, said she was talking to him,
- 57:43Speaker 1: never meant to see him that day, did not intend
- 57:45Speaker 1: to get in his car, did not intend to go
- 57:47Speaker 1: to Costa Mesa. I always thought, again... So he said
- 57:53Speaker 1: I was doing the right thing. I was being a
- 57:56Speaker 1: friend to her when she said, beat the crap out
- 57:58Speaker 1: of me and throw a hockey up my nose, hockey
- 58:00Speaker 1: pick up my nose or whatever, hockey stick. Burn me
- 58:03Speaker 1: with the, you know, Hobby Lobby branding to make me
- 58:07Speaker 1: look like that. I was always like, look, yes, I
- 58:10Speaker 1: don't think she's telling us all the truth now or then.
- 58:13Speaker 1: I really don't. However, what kind of guy agrees to
- 58:16Speaker 1: do that? So I always thought that was very, very bizarre. And,
- 58:21Speaker 1: you know.
- 58:22Speaker 4: Dumb ones. What?
- 58:23Speaker 3: Dumb ones. And we do see that. We see that
- 58:27Speaker 3: quite a bit.
- 58:28Speaker 5: Like my Naposki case, my Bill McLaughlin, the one that
- 58:32Speaker 5: was at Balboa Cove.
- 58:34Speaker 1: Oh, how we first met because I was renting the
- 58:36Speaker 1: house down the street.
- 58:36Speaker 3: Because you were like four houses down the road.
- 58:39Speaker 5: That's one where an extremely manipulative, horrific woman named Nanette Johnston.
- 58:44Speaker 1: Yeah.
- 58:45Speaker 5: Who manipulated this dummy named Eric Naposki, who was a.
- 58:50Speaker 5: Played for the NFL and same sort of thing. She
- 58:53Speaker 5: convinced him that she was being sexually assaulted, we believe,
- 58:56Speaker 5: by Bill McLaughlin, who never abused her in any way.
- 59:01Speaker 5: Gave her an awesome place for her kids, was kind
- 59:03Speaker 5: to her daughter and to her son, and was very wealthy.
- 59:06Speaker 3: And she was all about stealing from him.
- 59:10Speaker 1: Like you say, when there's a financial gain to it,
- 59:13Speaker 1: in that particular case, once he got rid of the
- 59:16Speaker 1: horrible man for her, they were looking for houses.
- 59:18Speaker 4: Big time.
- 59:19Speaker 2: Oh, yeah.
- 59:19Speaker 3: They knew that- He knew he was going to benefit,
- 59:21Speaker 3: and she was too. Right.
- 59:23Speaker 4: Yeah.
- 59:23Speaker 5: But he bought into it all, and he was manipulated,
- 59:27Speaker 5: and he deserves everything he gets.
- 59:28Speaker 3: Don't get me wrong.
- 59:29Speaker 4: Yeah.
- 59:30Speaker 5: It's just I'm not saying he's a good guy at all.
- 59:32Speaker 5: I'm saying that the guy the guys that these women.
- 59:34Speaker 3: Get to do their dirty work.
- 59:37Speaker 5: For lack of a better term, are they tend to
- 59:40Speaker 5: be really dumb. And Papini, that guy, he was he
- 59:43Speaker 5: he meant well and he didn't kill anybody. But, you know,
- 59:46Speaker 5: my problem and Sherry Papini is not a one off.
- 59:49Speaker 5: There are women. This is a thing where they will
- 59:52Speaker 5: stage kidnappings. There's another one in Georgia, very famously. And
- 59:55Speaker 5: the problem.
- 59:56Speaker 1: Oh, was that the girl that said I saw a
- 59:57Speaker 1: baby on the side of the road?
- 59:59Speaker 4: Yes.
- 59:59Speaker 3: Oh, yeah.
- 1:00:00Speaker 5: And it's almost a trope, right? It's almost like they
- 1:00:03Speaker 5: go to school for it. She left her Walkman on
- 1:00:05Speaker 5: the side of.
- 1:00:05Speaker 3: The road or her, you know, her iPad or whatever
- 1:00:09Speaker 3: it was. I know I'm aging myself there.
- 1:00:11Speaker 5: Whatever her mobile listening musical device was on the side
- 1:00:14Speaker 5: of the road. And that's exactly what Sherry Pippini did.
- 1:00:17Speaker 3: And it was staged.
- 1:00:19Speaker 5: I've done some commentary on that case. I've researched that case.
- 1:00:23Speaker 5: And it's a great get. I'm glad she came on
- 1:00:25Speaker 5: the show.
- 1:00:25Speaker 3: However, she's full of shit if she says that the
- 1:00:29Speaker 3: guy just happened to be there. He lived in Huntington Beach.
- 1:00:31Speaker 3: They were in Northern California. Absolutely. And I got to confess,
- 1:00:36Speaker 3: I didn't watch that episode yet, if you've aired it.
- 1:00:38Speaker 4: I know.
- 1:00:38Speaker 1: I did air it. I feel like, in talking about it,
- 1:00:43Speaker 1: if she really wanted to tell the truth, I think
- 1:00:48Speaker 1: I would forgive her and I would believe it if
- 1:00:50Speaker 1: she said this. I was talking to this guy. because
- 1:00:55Speaker 1: I was in a shitty marriage and I liked the attention.
- 1:00:58Speaker 1: It was an extracurricular thing that I could look forward to. And,
- 1:01:02Speaker 1: you know, and then it was like, okay, let's meet,
- 1:01:05Speaker 1: let's whatever. And what, how would my husband that doesn't
- 1:01:09Speaker 1: treat me well, that is not into me, how would
- 1:01:12Speaker 1: he react if I went missing? Then he would love me.
- 1:01:14Speaker 1: Then he would care for me. I think if the
- 1:01:18Speaker 1: intent was to go away for a couple of days
- 1:01:19Speaker 1: and then it got out of hand and went to
- 1:01:21Speaker 1: 22 days, I think the intent was not to be famous.
- 1:01:25Speaker 1: I think the intent was to try to make her
- 1:01:27Speaker 1: husband realize that she is so valuable and like have
- 1:01:32Speaker 1: this like moment. And I think the whole plan went
- 1:01:35Speaker 1: awry when she saw how much publicity she was getting.
- 1:01:38Speaker 1: And either that he then got weird realizing you've now
- 1:01:42Speaker 1: put me in a place where I could be a kidnapper.
- 1:01:44Speaker 1: So now you're not going to leave. But I still
- 1:01:47Speaker 1: don't feel even though she sat right across from me,
- 1:01:49Speaker 1: I don't feel like she was telling me all the truth.
- 1:01:51Speaker 1: And I'm bummed that I didn't ask her about the haircut.
- 1:01:54Speaker 5: Well, if you ever get her back on, let me know,
- 1:01:56Speaker 5: and I'll put together some cross-examination questions for you.
- 1:01:59Speaker 3: That I would love to ask her.
- 1:02:00Speaker 1: Because I want to ask her. So her hair, which
- 1:02:02Speaker 1: was like my length, was then chopped. And I always
- 1:02:05Speaker 1: thought that was weird when she said I was kidnapped
- 1:02:08Speaker 1: by these two.
- 1:02:09Speaker 3: Two Mexican women.
- 1:02:10Speaker 1: So I'm like, if they were looking because they thought
- 1:02:12Speaker 1: you were 15 and they wanted to traffic you, why
- 1:02:14Speaker 1: would they cut your valuable hair? But then when we
- 1:02:18Speaker 1: find out later, well, she said he was into S
- 1:02:21Speaker 1: & M and that's why she was beaten and all
- 1:02:23Speaker 1: his creepy stuff. I'm like, who cut your hair, though? Like,
- 1:02:27Speaker 1: that's not part of S & M. And then someone
- 1:02:30Speaker 1: was like, Heather, it was like a cute bob. It
- 1:02:31Speaker 1: wasn't like it was self-cut, but it wasn't like she
- 1:02:34Speaker 1: shaved her head or chopped it like a Barbie doll.
- 1:02:37Speaker 1: So I don't know.
- 1:02:38Speaker 5: The California jury instruction that every juror gets, which is.
- 1:02:42Speaker 5: from 500 years of common law experience. And that is
- 1:02:45Speaker 5: if somebody tells you one lie, you as a jury,
- 1:02:48Speaker 5: you're entitled to believe anything you want that they say
- 1:02:50Speaker 5: after that.
- 1:02:51Speaker 3: And you're also.
- 1:02:51Speaker 5: Entitled to disregard literally every single other word out of
- 1:02:55Speaker 5: their mouth. Sheriff Papini is one of those. I think
- 1:02:57Speaker 5: Lyle and Eric Menendez are another example of that. Liars
- 1:03:01Speaker 5: who lie, who lie. My problem with the Papinis of
- 1:03:04Speaker 5: the world is, number one, they suck up.
- 1:03:08Speaker 3: Our friend Dr.
- 1:03:09Speaker 5: Drew would say it is the ultimate display of narcissism
- 1:03:11Speaker 5: for them to do that. But what they do is
- 1:03:13Speaker 5: they suck up incredibly scarce, valuable resources when there are
- 1:03:17Speaker 5: real victims out there. And they have police. Those are
- 1:03:20Speaker 5: all hands on deck. Kidnapping things, I've worked those before.
- 1:03:24Speaker 5: You have the FBI coming in. You have like every
- 1:03:27Speaker 5: cop in the area drops what they're doing with real
- 1:03:29Speaker 5: victims and real crimes trying to find that person. So
- 1:03:32Speaker 5: it's a tremendous waste of resources. But the real problem
- 1:03:36Speaker 5: is when you have real victims on hard cases— When
- 1:03:40Speaker 5: jurors go in and they sit down and everybody remembers
- 1:03:42Speaker 5: the Sherry Papinis, they're far more likely to indulge wild
- 1:03:47Speaker 5: theories and wild defenses that go to the pure detriment
- 1:03:51Speaker 5: of actual victims of kidnappings and sexual abuse.
- 1:03:55Speaker 1: Like the couple who really– where the girl really was kidnapped.
- 1:03:58Speaker 3: Yes. That's right. That's right.
- 1:04:00Speaker 1: And that's that Netflix doc.
- 1:04:02Speaker 5: Also, same area, like Central California. And that's the effect
- 1:04:06Speaker 5: of that woman's narcissism and her– her husband seemed like
- 1:04:11Speaker 5: everything he was doing was appropriate. You know, like he was,
- 1:04:14Speaker 5: he was doing public pleas, trying to get her home.
- 1:04:16Speaker 5: It seemed like he really.
- 1:04:17Speaker 3: Did love her.
- 1:04:17Speaker 1: Now she kind of says that, you know, he came
- 1:04:20Speaker 1: in and he was miked the minute he saw her,
- 1:04:23Speaker 1: you know, and, um, I don't know. And I don't care.
- 1:04:26Speaker 1: Like it, it was hard though. It was interesting when
- 1:04:28Speaker 1: she was talking to me, you know, because she was
- 1:04:31Speaker 1: a guest, you know, I wanted to get as much
- 1:04:33Speaker 1: out and be polite. But then when I listened back
- 1:04:36Speaker 1: before publishing it, I did, it's when someone's looking at you,
- 1:04:41Speaker 1: you know, in the eye, it's like, she lied to
- 1:04:44Speaker 1: my face. It's easier to believe that when you're actually
- 1:04:47Speaker 1: listening with no visual, which I thought was fascinating that
- 1:04:51Speaker 1: I was like, Oh, okay.
- 1:04:53Speaker 5: I would love to cross that woman. And I, and
- 1:04:55Speaker 5: I have, you have a bigger heart than me. I
- 1:04:56Speaker 5: have zero freaking sympathy for her.
- 1:04:59Speaker 1: Well, I, I, I, I was always like, there were
- 1:05:01Speaker 1: things I've talked about it. There were things that I
- 1:05:03Speaker 1: was like, And then when she reached out to come
- 1:05:06Speaker 1: on the show, I was like, I knew she was
- 1:05:08Speaker 1: kind of making the rounds, but I still was like,
- 1:05:10Speaker 1: I've spent so many hours talking about this. I shared
- 1:05:13Speaker 1: about how I had like a template for a movie
- 1:05:16Speaker 1: idea of like a comedian that fakes her own kidnapping
- 1:05:19Speaker 1: just to like, you know, get some press on hard copy.
- 1:05:22Speaker 1: Like I thought, so to me, it was always fascinating
- 1:05:25Speaker 1: as a woman that needs attention. But getting to this,
- 1:05:29Speaker 1: we'll move on. The Menendez brothers could have their murder
- 1:05:32Speaker 1: conviction thrown out This was today's TMZ. I don't know
- 1:05:36Speaker 1: if there's any more on this or if they just
- 1:05:38Speaker 1: like to tease us with it for a headline every
- 1:05:41Speaker 1: once in a while. What's the latest?
- 1:05:44Speaker 5: Yeah, I don't see that happening. The Ninth Circuit, for
- 1:05:47Speaker 5: your viewers that are interested, there's a Ninth Circuit opinion
- 1:05:50Speaker 5: on this that is scathing about the Menendez brothers, how
- 1:05:53Speaker 5: much they lied, that affirmed their original conviction. And they
- 1:05:58Speaker 5: were very lucky to get their resentencing approved. My problem
- 1:06:03Speaker 5: with this is that a lot of people who advocated
- 1:06:06Speaker 5: for them after watching the Netflix special believe they were
- 1:06:08Speaker 5: advocating for victims of sexual abuse.
- 1:06:11Speaker 3: And they were they received life without possibility of parole.
- 1:06:15Speaker 5: The people that are serving prison time for with life
- 1:06:18Speaker 5: without possibility of parole are the worst of the worst.
- 1:06:22Speaker 5: It means that they were most of them are special
- 1:06:24Speaker 5: circumstance murderers. Some of them are kidnappers like my case
- 1:06:28Speaker 5: where they severed the penis in the desert. They're the
- 1:06:30Speaker 5: most violent, the most brutal, and they're all lining up
- 1:06:33Speaker 5: now in California for their resentencings as.
- 1:06:35Speaker 3: A result of this.
- 1:06:36Speaker 5: So the precedent, we exist in a system with what's
- 1:06:40Speaker 5: known as stare decisis. So it's what came before. We
- 1:06:44Speaker 5: base our rulings and our.
- 1:06:46Speaker 3: Law on other cases. It's called precedent. This sets a
- 1:06:50Speaker 3: horrific precedent.
- 1:06:51Speaker 5: I know this is controversial among some of your viewers
- 1:06:55Speaker 5: that love the Menendez brothers.
- 1:06:58Speaker 3: I'm not a fan. I think that they and.
- 1:07:01Speaker 5: If you take it at its absolute worst, let's say
- 1:07:03Speaker 5: Jose Menendez did everything they said and more. There's no
- 1:07:08Speaker 5: reason you don't get a free murder of the mother.
- 1:07:10Speaker 5: And each one of them is an individual. People talk
- 1:07:12Speaker 5: about them as being the parents. And she had a
- 1:07:16Speaker 5: right to live. And Lyle Menendez reloaded the shotgun and
- 1:07:20Speaker 5: put it to her face and literally blew her face off.
- 1:07:23Speaker 5: She was still alive somehow. after receiving multiple shots.
- 1:07:27Speaker 3: And then they.
- 1:07:27Speaker 5: Proceeded to lie to everybody from the detectives to the
- 1:07:31Speaker 5: 911 operator. And the only reason Lyle didn't testify in
- 1:07:35Speaker 5: the second trial was because he was caught on a
- 1:07:37Speaker 5: hot mic with a court group, everybody forgets this, where
- 1:07:40Speaker 5: he was bragging about how well he lied during the
- 1:07:42Speaker 5: first trial. So again, like Papini, when you got people
- 1:07:45Speaker 5: that lie, lie, lie again, get caught in lies, they
- 1:07:48Speaker 5: lied about the shotguns. There's the prosecutor, one of the
- 1:07:51Speaker 5: two in the original trials, a guy named Lester Kuriyama,
- 1:07:54Speaker 5: And it was something that they trained us in, in
- 1:07:57Speaker 5: the DA's office because they, he caught Eric in the
- 1:08:00Speaker 5: lies about the shotguns and obtaining the shotguns. It's called
- 1:08:03Speaker 5: putting the witness in a box. And he got, these
- 1:08:05Speaker 5: guys lied over and over and over again. They had
- 1:08:08Speaker 5: cell phones in their possession in the months leading up
- 1:08:10Speaker 5: to it. I know Mark, Gary goes, I like Mark.
- 1:08:14Speaker 5: We get along great. We've done a bunch of panels together.
- 1:08:16Speaker 5: We had cases together back in the day. Mark, I
- 1:08:18Speaker 5: think is a, is a, is a fine defense attorney,
- 1:08:20Speaker 5: but he's doing a job, you know? And, um, You know,
- 1:08:25Speaker 5: good for these guys. They did 35 years.
- 1:08:27Speaker 1: I do think if they got out, I definitely don't
- 1:08:29Speaker 1: think they'd be a dangerous society.
- 1:08:31Speaker 3: I agree.
- 1:08:31Speaker 1: But I understand how the law works. Karen Reid, she
- 1:08:35Speaker 1: got a book deal. Now, we know a book deal comes.
- 1:08:38Speaker 1: We know a TV show and all these other things
- 1:08:40Speaker 1: will probably come as well, either with her being a
- 1:08:43Speaker 1: part of it or someone just writing from afar. Along
- 1:08:47Speaker 1: with unpopular opinions, I'm going to let you share yours now.
- 1:08:51Speaker 1: What did you think of the whole thing?
- 1:08:53Speaker 3: Okay.
- 1:08:53Speaker 5: So number one, I got to preface it. She's presumed innocent.
- 1:08:57Speaker 5: You know, that's the way our system works.
- 1:08:59Speaker 3: She was acquitted. Good for her. Okay.
- 1:09:03Speaker 5: What breaks my heart about this case is that the
- 1:09:05Speaker 5: man that died here, everybody forgets, he adopted his sister's
- 1:09:10Speaker 5: two kids. So his sister's kids, his sister and her
- 1:09:17Speaker 5: husband were.
- 1:09:17Speaker 3: Killed in a tragic car accident. This is a good guy.
- 1:09:20Speaker 1: No, they didn't die in a car accident.
- 1:09:21Speaker 3: Didn't they die in a car accident?
- 1:09:23Speaker 4: No.
- 1:09:24Speaker 1: The sister died first, and then like months later, the
- 1:09:29Speaker 1: husband died of like– the sister was sick, and then
- 1:09:31Speaker 1: months later, the husband died of like a heart attack.
- 1:09:33Speaker 4: Okay.
- 1:09:33Speaker 3: I stand corrected.
- 1:09:34Speaker 1: And then he was raising the kids.
- 1:09:37Speaker 3: He adopted the kids.
- 1:09:38Speaker 1: He was raising the kids. And I think he was great.
- 1:09:39Speaker 1: That still doesn't mean that if she didn't do it–
- 1:09:43Speaker 1: Of course.
- 1:09:43Speaker 4: Of course.
- 1:09:43Speaker 1: What did you think of all– I mean, I can
- 1:09:47Speaker 1: see why they ran with thinking that she hit him
- 1:09:50Speaker 1: with a car for a number of reasons, including her
- 1:09:52Speaker 1: saying it on the scene.
- 1:09:53Speaker 3: Because she hit him with the car also?
- 1:09:55Speaker 1: Well, what about the woman that said he was not
- 1:09:58Speaker 1: hit with a car, emphatically? I thought that was a
- 1:10:00Speaker 1: pretty great moment.
- 1:10:01Speaker 3: So, again, she's presumed innocent. I know Alan Jackson, the
- 1:10:04Speaker 3: defense lawyer.
- 1:10:06Speaker 5: He's a buddy of mine. And we came up— I was
- 1:10:08Speaker 5: in Orange County. He came up in the ranks. He
- 1:10:10Speaker 5: is an immensely talented trial lawyer.
- 1:10:13Speaker 3: He's a good dude. He is— He's the real deal.
- 1:10:16Speaker 5: And I think that the prosecution from the very beginning,
- 1:10:18Speaker 5: they over filed the case. Originally they, they went for
- 1:10:21Speaker 5: a first degree murder because of all the acrimony and
- 1:10:23Speaker 5: the problems in their relationship and the 53 voicemails, you know,
- 1:10:27Speaker 5: where she kept saying, and I don't think I'll ever
- 1:10:29Speaker 5: hear the term again. And I can swear on your,
- 1:10:30Speaker 5: on your show, right?
- 1:10:31Speaker 3: Motherfucker, motherfucker.
- 1:10:33Speaker 5: You know, she, that's worth a listen just for, you know,
- 1:10:38Speaker 5: she clearly believed that he was alive afterwards because she
- 1:10:40Speaker 5: kept leaving these.
- 1:10:41Speaker 1: Voicemails, um, The only thing I was going to say,
- 1:10:44Speaker 1: because that's the way I think about things. So I
- 1:10:47Speaker 1: do think when she left, she thought he was in
- 1:10:49Speaker 1: the party. Okay? This is one theory. And then she
- 1:10:54Speaker 1: left all those messages. Again, just like the young girls
- 1:10:58Speaker 1: at the Idaho house, when you've had lots of drinks,
- 1:11:02Speaker 1: and then when she woke up then at 4.45 a.m.
- 1:11:04Speaker 1: and he wasn't there.
- 1:11:05Speaker 3: If.
- 1:11:08Speaker 1: I thought I left my fucker boyfriend who's a swinger
- 1:11:11Speaker 1: or whatever at the house and he wasn't there at 445.
- 1:11:14Speaker 1: I would still be like, okay, like we're done. I
- 1:11:17Speaker 1: wouldn't immediately panic and think something must have happened at
- 1:11:22Speaker 1: that house. I better call my friends to come pick
- 1:11:24Speaker 1: me up and take him. But I think she panicked
- 1:11:27Speaker 1: because I think there was one moment if just Karen,
- 1:11:31Speaker 1: Karen Cole, just give me a minute. If there might've
- 1:11:34Speaker 1: been one minute in the back of her mind as
- 1:11:36Speaker 1: she was leaving angrily that he might have, he might've
- 1:11:39Speaker 1: gotten in a fight in the house. He might've walked out.
- 1:11:41Speaker 1: And just at that moment was like, wait. And then
- 1:11:44Speaker 1: she inadvertently felt like she hit something. Didn't really, didn't
- 1:11:48Speaker 1: stop or think and was like, fuck it. So drunk,
- 1:11:51Speaker 1: drove home, yelled all the messages, went to bed, woke up.
- 1:11:55Speaker 1: And then a few hours later, still drunk a little bit,
- 1:11:57Speaker 1: but remembering, I think something bad happened. Because otherwise, you
- 1:12:03Speaker 1: would just be like, and on top of it, you
- 1:12:06Speaker 1: never came home? Like you wouldn't, what would make you
- 1:12:09Speaker 1: think that something bad happened at a house party besides
- 1:12:12Speaker 1: you having sex with a girl that isn't you?
- 1:12:14Speaker 3: Right.
- 1:12:15Speaker 1: That's the only thing. And I also think it's interesting
- 1:12:17Speaker 1: that all the people that they do think are responsible
- 1:12:20Speaker 1: for it, the McCabe girl and the Alberts, that they
- 1:12:25Speaker 1: did interviews after. I'm kind of like, if I knew
- 1:12:28Speaker 1: I was seen as somewhat of a suspect after I
- 1:12:31Speaker 1: gave testimony and the whole world thinks that my family
- 1:12:35Speaker 1: is in this conspiracy, I wouldn't be doing interviews, but
- 1:12:39Speaker 1: who knows?
- 1:12:39Speaker 5: Or you might be because that turtle boy guy had
- 1:12:42Speaker 5: people picketing in front of your house and you've been
- 1:12:44Speaker 5: accused of a murder you didn't commit and you'd want
- 1:12:46Speaker 5: to set the record straight. And by the way, you
- 1:12:48Speaker 5: got a bunch of cops inside a house and they
- 1:12:50Speaker 5: murder somebody inside and their grand plan to get him
- 1:12:52Speaker 5: near to the body is to dump him in the
- 1:12:54Speaker 5: snow in the driveway.
- 1:12:54Speaker 3: I mean, that's absurd.
- 1:12:57Speaker 4: Okay.
- 1:12:57Speaker 1: The other thing I'm thinking, which we'll never know, The
- 1:13:00Speaker 1: only person that knows what happens is the dog, okay? Dogs,
- 1:13:04Speaker 1: once AI can figure out what a dog is thinking,
- 1:13:06Speaker 1: think how many crimes we'll solve, okay? From OJ to whatever.
- 1:13:09Speaker 1: But the other thing I was thinking is, if you
- 1:13:13Speaker 1: want to say that somehow, yes, he was beaten up,
- 1:13:16Speaker 1: but yes, a car hit him without intent, like just
- 1:13:19Speaker 1: being drunk and hitting. I always wondered if they got
- 1:13:23Speaker 1: in a physical fight, the dog scratched him, they got
- 1:13:25Speaker 1: in a physical fight, but he left drunk. with his
- 1:13:28Speaker 1: two feet walking out. Something happens. He either collapsed or
- 1:13:31Speaker 1: the car hit him and he's on the ground. Then
- 1:13:34Speaker 1: the Higgins guy leaves and is like, holy shit. What
- 1:13:40Speaker 1: the fuck just like he left. He was fine. Like, yeah,
- 1:13:42Speaker 1: I hit him. But like and that's when he starts
- 1:13:45Speaker 1: calling Albert. And that's when they stay in the house
- 1:13:47Speaker 1: when the cops come because they they didn't know that
- 1:13:49Speaker 1: they killed him. But something happened between him getting hit
- 1:13:53Speaker 1: in the house and him walking out of the house.
- 1:13:55Speaker 1: I don't think he died in the house and they
- 1:13:57Speaker 1: lifted him up and placed him there.
- 1:13:59Speaker 5: I know this was a this was a botched investigation
- 1:14:02Speaker 5: and it was a botched prosecution from the very beginning.
- 1:14:05Speaker 1: Right.
- 1:14:05Speaker 5: And against an immensely talented defense lawyer. who outgunned the
- 1:14:09Speaker 5: prosecution from the word go in both trials. And that's,
- 1:14:13Speaker 5: you know, and I think that that accident, the accident
- 1:14:15Speaker 5: that you were talking about is the last time I
- 1:14:17Speaker 5: was on the show. And I got, I got tons
- 1:14:19Speaker 5: of heat from your juicy viewers.
- 1:14:20Speaker 3: Okay.
- 1:14:21Speaker 1: So I, we, I will, we will do it.
- 1:14:24Speaker 3: I have done a million of these.
- 1:14:26Speaker 6: Okay.
- 1:14:27Speaker 3: This is a, this is so average.
- 1:14:30Speaker 5: It's been all the, the drunken accident that kills somebody
- 1:14:33Speaker 5: are a dime a dozen everywhere. And she was on
- 1:14:36Speaker 5: video at the falls and, She had a million frigging drinks.
- 1:14:40Speaker 3: She had a very high blood alcohol level.
- 1:14:43Speaker 5: In the data recorder on the car, she had a
- 1:14:45Speaker 5: 74% acceleration rate going backwards, which is punching it. You
- 1:14:51Speaker 5: put all those pieces together, but they over-filed it as
- 1:14:54Speaker 5: a first-degree murder, which it clearly never was. So the
- 1:14:58Speaker 5: question in cases like that is, is this a gross
- 1:15:03Speaker 5: vehicular manslaughter, which is an accident, or is it an
- 1:15:06Speaker 5: implied malice murder which is also an accident. So they
- 1:15:10Speaker 5: misfiled it.
- 1:15:11Speaker 3: They misprosecuted it.
- 1:15:12Speaker 1: So do you think if at the time she's freaking out,
- 1:15:16Speaker 1: I can't believe I hit him, blah, blah, blah, blah, blah,
- 1:15:18Speaker 1: and then they were like, we're arresting you for manslaughter,
- 1:15:23Speaker 1: and then she gets an attorney to defend her on manslaughter,
- 1:15:26Speaker 1: not first-degree murder, what, in your opinion, say that was
- 1:15:31Speaker 1: the case, because she's drunk and she doesn't remember and
- 1:15:33Speaker 1: she believes it, it's what she thought when she woke
- 1:15:35Speaker 1: up at 4.45 a.m., What would you think the result
- 1:15:39Speaker 1: would have been, like three years in prison?
- 1:15:40Speaker 5: First of all, we never hear about this case. This
- 1:15:42Speaker 5: happens every weekend somewhere in the United.
- 1:15:44Speaker 1: States where somebody drunk hits.
- 1:15:46Speaker 5: Somebody, hits some kid on a bike on accident. These
- 1:15:50Speaker 5: are accidental deaths. And look, she was acquitted of even that.
- 1:15:54Speaker 5: So I got to say, she's presumed innocent. She's innocent
- 1:15:57Speaker 5: in the law.
- 1:15:57Speaker 1: I'm an attorney.
- 1:15:59Speaker 3: But what do.
- 1:16:00Speaker 1: You think she would have gotten had they never gone
- 1:16:02Speaker 1: for first degree? Like do you think they would have
- 1:16:04Speaker 1: settled and she would have done like a couple years?
- 1:16:06Speaker 3: Yeah.
- 1:16:07Speaker 5: So this would be a– and it depends on the state.
- 1:16:10Speaker 5: But a gross vehicular manslaughter where somebody who's intoxicated who
- 1:16:14Speaker 5: hits somebody, again, state by state, they'll wind up getting–
- 1:16:19Speaker 5: that's typically like somewhere in the five-year range. Maybe they're
- 1:16:24Speaker 5: out in three because it's an accidental death where they're drunk.
- 1:16:27Speaker 5: That's what you see.
- 1:16:28Speaker 3: A lot. Some version of that.
- 1:16:30Speaker 5: And again, the sentencing range depends on state by state.
- 1:16:33Speaker 5: I think it's 11 years in California is the penalty
- 1:16:38Speaker 5: for gross. I could be wrong on that. And I
- 1:16:40Speaker 5: think they've changed it recently, but somewhere in there. And
- 1:16:42Speaker 5: then you do, sometimes you'll do 50%. So that'd be
- 1:16:45Speaker 5: five and a half years actual. Sometimes there's a range
- 1:16:48Speaker 5: of sentences that are available, but that's the type of
- 1:16:51Speaker 5: thing that you see. Somebody accidentally hits a kid on
- 1:16:53Speaker 5: a bike and maybe it's the first DUI or they're
- 1:16:56Speaker 5: drunk and they're trying to, Make a phone call on
- 1:16:59Speaker 5: their cell phone. Accidents happen all the time. Drunken accidents happen.
- 1:17:02Speaker 5: Somebody dies in every state every weekend in a case
- 1:17:06Speaker 5: like this. But the reason why there was so much,
- 1:17:08Speaker 5: she's pretty. Jackson is amazing, Alan Jackson. And they went
- 1:17:14Speaker 5: with this first-degree murder theory of a police officer in
- 1:17:16Speaker 5: the snow, and then that's where the sensation comes.
- 1:17:19Speaker 1: Right.
- 1:17:20Speaker 5: And then we have the conspiracy theories and the online sleuths,
- 1:17:23Speaker 5: and we're off to the races. We never would have
- 1:17:25Speaker 5: heard about this if the prosecution had handled it correctly.
- 1:17:27Speaker 4: Right.
- 1:17:28Speaker 3: And it would have been absolutely average if the police
- 1:17:31Speaker 3: had done the investigation the right way.
- 1:17:33Speaker 1: Last thing, Diddy, he's being sentenced October 3rd. My question is,
- 1:17:38Speaker 1: why do they do that where they keep him in
- 1:17:41Speaker 1: prison for several months? Is it because they think he's
- 1:17:45Speaker 1: not going to get that much time, so at least
- 1:17:46Speaker 1: he was in prison for like a year throughout it?
- 1:17:49Speaker 1: What is the motivation? Why is it three months away?
- 1:17:51Speaker 5: Okay, so it could be a couple different things. But
- 1:17:53Speaker 5: in the federal system, judges place a great deal of
- 1:17:56Speaker 5: weight on essentially the federal probation department will do an
- 1:18:02Speaker 5: assessment and they will make a sentencing recommendation for the
- 1:18:05Speaker 5: Mann Act violations here.
- 1:18:07Speaker 3: So the federal judges.
- 1:18:08Speaker 5: Tend to place a lot of weight in the federal
- 1:18:11Speaker 5: probation department's investigation. And they will almost always go through
- 1:18:17Speaker 5: that process. I think the reason why the court didn't
- 1:18:20Speaker 5: release them immediately is either the court intends to impose
- 1:18:23Speaker 5: more time or I think, and just This is pure
- 1:18:29Speaker 5: speculation by me. Remember when he was using other prisoners'
- 1:18:33Speaker 5: code numbers to call people from the jail? Remember when
- 1:18:36Speaker 5: he got in trouble for that?
- 1:18:37Speaker 3: That is the type of stuff that pisses judges off
- 1:18:41Speaker 3: because you can't follow the rules in jail. Judges, especially
- 1:18:44Speaker 3: federal judges, tend to take that personally. So you think
- 1:18:48Speaker 3: they're giving them a leash law?
- 1:18:50Speaker 1: Leash to fuck up?
- 1:18:51Speaker 2: No, no.
- 1:18:51Speaker 5: I think that when he did that, when he did
- 1:18:54Speaker 5: that originally, he pissed off this judge.
- 1:18:56Speaker 3: And that's why. Yeah. Now that's my guess. But look,
- 1:18:59Speaker 3: the Mann Act is a morality crime. It's a prostitution crime.
- 1:19:04Speaker 5: It's something that was designed essentially to to try to
- 1:19:08Speaker 5: go after pimps around the turn of the century. And
- 1:19:10Speaker 5: this is like, this is prohibition era type stuff.
- 1:19:14Speaker 3: It is.
- 1:19:16Speaker 5: Every lonely divorced guy in New York City, where I've
- 1:19:19Speaker 5: been spending a bunch of time.
- 1:19:20Speaker 3: For the ABC stuff lately, who gets.
- 1:19:22Speaker 5: Divorced and pays for an Uber for some sex worker
- 1:19:26Speaker 5: to come across from New Jersey across the bridge. That's
- 1:19:31Speaker 5: technically a Man Act violation. It is some of the
- 1:19:34Speaker 5: least offensive crimes. It's a morality crime. I don't– and
- 1:19:38Speaker 5: I could be wrong here. I just can't imagine a
- 1:19:40Speaker 5: big– Sentence.
- 1:19:43Speaker 3: A big sentence. Can I tell a funny story along
- 1:19:45Speaker 3: with this?
- 1:19:45Speaker 4: Yeah, yeah.
- 1:19:46Speaker 5: Okay, so now that I'm– since I'm spending all this
- 1:19:48Speaker 5: time in New York, I've been meeting all these fancy people. Okay,
- 1:19:51Speaker 5: and I've got a friend who knows this billionaire guy
- 1:19:54Speaker 5: who has a party over Fourth of July.
- 1:19:55Speaker 3: Weekend, and I get invited to it.
- 1:19:57Speaker 5: And they've got this awesome rhythm and blues band from
- 1:20:01Speaker 5: New Orleans, and it's what you'd expect. It's in the Hamptons,
- 1:20:05Speaker 5: which– It's super fancy. And you've been there. I've never
- 1:20:08Speaker 5: been there before, like last summer. And it's like, it's
- 1:20:10Speaker 5: where all the rich people go from New York in
- 1:20:12Speaker 5: the summertime. So I'm at this crazy party and I'm
- 1:20:16Speaker 5: standing next to this kid who's watching the music and
- 1:20:19Speaker 5: we strike up a conversation. Couldn't have been nicer. Couldn't
- 1:20:22Speaker 5: have been more respectful. And we're talking about the music.
- 1:20:26Speaker 5: And so my friend.
- 1:20:27Speaker 3: Who was our, she goes, hey, do you know who
- 1:20:30Speaker 3: that is? That's Diddy's son, Quincy. And so, and I
- 1:20:33Speaker 3: just got to say.
- 1:20:34Speaker 1: Is he the oldest one?
- 1:20:35Speaker 3: I don't know where he fits on it.
- 1:20:36Speaker 1: Because there's three.
- 1:20:37Speaker 3: Three reviewers.
- 1:20:38Speaker 1: There's two or three. Quincy, Justin, and Christian, I think.
- 1:20:41Speaker 5: Yeah, regardless of how anybody feels about Diddy, and I
- 1:20:44Speaker 5: know that's– passions run deep on that for very good reasons. Quincy,
- 1:20:49Speaker 5: in my 30-minute conversation, couldn't have been a nicer kid
- 1:20:52Speaker 5: for what it's worth.
- 1:20:53Speaker 1: But you also, you know, aren't a cute girl on
- 1:20:55Speaker 1: a yacht. Parting hard and being a vulnerable physician.
- 1:20:59Speaker 3: I have very little to worry about when it comes
- 1:21:00Speaker 3: to baby oil.
- 1:21:02Speaker 1: There are busboys all over L.A. that said O.J. was
- 1:21:04Speaker 1: the nicest guy in the world. You know, you weren't Nicole.
- 1:21:08Speaker 3: Very true.
- 1:21:09Speaker 1: Speaking of which, thank you so much for coming. And
- 1:21:14Speaker 1: for people that still have not bought your book and
- 1:21:17Speaker 1: want a good juicy book to read, The Book of Murder,
- 1:21:20Speaker 1: where can they get it? Where can they follow you?
- 1:21:22Speaker 5: So Matt Murphy Law on Instagram. And I will respond
- 1:21:27Speaker 5: to all.
- 1:21:30Speaker 3: Of the DMs.
- 1:21:31Speaker 5: If anybody wants to find me, follow me, and send
- 1:21:33Speaker 5: me a DM, I will respond. Please be kind. Last
- 1:21:37Speaker 5: time I just got ripped on the comments for my
- 1:21:40Speaker 5: thoughts on Karen Reid before she was acquitted.
- 1:21:42Speaker 1: But just please don't hold mean comments against me. I
- 1:21:45Speaker 1: don't control what people write my guests.
- 1:21:48Speaker 3: Right, right. A lot of passion out there. Yeah.
- 1:21:50Speaker 5: It's available everywhere. It's Disney Books, it's Hyperion Publishing, but Amazon.
- 1:21:55Speaker 5: It's also the Audible. And this is, again, really good
- 1:21:58Speaker 5: for me.
- 1:21:58Speaker 1: Yeah, people love an Audible for a long trip.
- 1:22:01Speaker 3: I read it myself.
- 1:22:02Speaker 5: It's 4.9 stars still. And Disney's happy. It's sold a bunch.
- 1:22:07Speaker 5: I just submitted the proposal for my next book on
- 1:22:10Speaker 5: serial killers.
- 1:22:11Speaker 3: We submitted it Friday.
- 1:22:14Speaker 1: Love it.
- 1:22:14Speaker 5: So yeah, hopefully it goes well. But this is This
- 1:22:18Speaker 5: chronicles my career in the homicide unit. I talk about
- 1:22:21Speaker 5: the things I learned. I kind of take the reader
- 1:22:23Speaker 5: through the 17 years I spent, you know, the different
- 1:22:26Speaker 5: kinds of murder cases, the stuff I did. I did
- 1:22:28Speaker 5: the Golden State Killer case that's actually not in the book.
- 1:22:30Speaker 5: Rodney Alcala is a dating game killer. Tom and Jackie Hawks,
- 1:22:35Speaker 5: Ed Shin, some of my more notable cases.
- 1:22:38Speaker 1: Thank you so much. I always appreciate when you come.
- 1:22:40Speaker 3: You're a great friend. I love being here.
- 1:22:41Speaker 1: This was great. Thank you. Everybody go to HeatherMcDowell.net. to
- 1:22:45Speaker 1: get your tickets to my show in Vegas. It is
- 1:22:48Speaker 1: selling out quick. So go get that November 14th, heathermontel.net.
- 1:22:53Speaker 1: Thank you.
- 1:22:53Speaker 4: Bye.