Latest / True Crime with Gavin Fish / Legal Analysis of the Ellen Greenberg Murder with Joshua Ritter from Courtroom Confidential
Transcript
- 0:12Well, hello there, my friend. Welcome back to the channel.
- 0:15My name is Gavin. Thank you for being here on my
- 0:17channel. We're into true crime.
- 0:20We do our very best to cut through the nitty gritty.
- 0:22A cut to the nitty gritty of true crime.
- 0:25Cut past the sensationalism, cut past the fluff, and have
- 0:27meaningful conversations for the purpose of educating ourselves.
- 0:32And we entertain ourselves a little bit here, too.
- 0:34But if that's what you like, then you're on the right.
- 0:37You're at the right place, and I'm glad you are.
- 0:40Hey, today I am. We're continuing our coverage of
- 0:44the murder of Ellen Greenberg today.
- 0:47We are joined by a friend of mine.
- 0:52I'm so glad that he's here. Josh Ritter from Courtroom
- 0:55Confidential. Josh, thank you for being here.
- 0:57I pushed the wrong button. Need to be there.
- 0:59We go. Welcome.
- 1:01Thank you. So much for having me.
- 1:03I've been looking forward to this.
- 1:04I I am glad that you're on. I'm glad for a little inside
- 1:09baseball. For those that are watching the
- 1:12true crime genre. We don't do a lot of
- 1:14collaborations in the genre. It does feel like we're in
- 1:17competition with one another, but Josh and his team really
- 1:21came in and changed that. Yeah.
- 1:22Which has been terrific. When yeah, yeah.
- 1:26When I, when I watch a show, it's good to see faces that I
- 1:29know. And and thanks for thanks for
- 1:31kind of breaking that that ceiling in in true kind.
- 1:35Hey, the internet's big, big enough for all of us, and all
- 1:39ships rise with the tide, so I'm I'm happy to do it.
- 1:42Plus it gives me somebody to chat with rather than staring at
- 1:45my computer the whole time, so I appreciate it.
- 1:48It does feel that way, right? You're just like, oh, it's just
- 1:51me again, sitting in front of my computer, make eye contact with
- 1:55the camera. Let me do my best.
- 1:57Yeah. Now.
- 1:58Well, it's good to have you on. And a little background on Josh.
- 2:01Josh is a he's a lawyer. He is a former prosecutor.
- 2:06Did you what? What prosecutor's office did you
- 2:08work in, Josh? I was at the LA District
- 2:11Attorney's Office for just about 10 years.
- 2:15What was that like? What is it like to that's a huge
- 2:18office? It is huge.
- 2:20Actually. Fun fact, it is the largest
- 2:23prosecuting office, prosecutorial agency in the
- 2:27world. At least that's what they would
- 2:29tell us. It certainly is the biggest in
- 2:31the United States. And if you think about it it, it
- 2:34handles all the prosecutions for felonies and a lot of the
- 2:37misdemeanors in all of Los Angeles County, which is the
- 2:40most populous county in the United States.
- 2:44So we had, it's huge. It's a huge office we had when I
- 2:48was there, at least we had over 1000 attorneys, over 1000
- 2:53prosecutors. Oh my goodness.
- 2:55Add, add to that support staff and everything else.
- 2:57So when I listen, I loved it. It was, it was my favorite
- 3:03career as a lawyer and I classify it just by saying as a
- 3:08lawyer because I love what I'm doing now with the whole YouTube
- 3:11world and everything else. But it was fantastic.
- 3:15It, you know, it was one of those jobs where every single
- 3:17day you felt like your, your job was to do the right thing.
- 3:22You, you were tasked with pursuing justice and doing the
- 3:27right thing And you're doing incredibly difficult cases.
- 3:32You're doing a lot of cases that nobody knows about that don't
- 3:35make the headlines that are very, very important though to
- 3:37the people that they affect and are involved.
- 3:40And you're, it's a, it's a, it's a trial by fire because I mean,
- 3:45they throw you in the deep end. You're starting trials from day
- 3:48one day literally after training the first day I was a a ADA
- 3:54assigned to a courtroom. I started picking a jury that
- 3:57day. So it is, it is like you're
- 3:59thrown in the deep end and you just kind of sink or swim.
- 4:02How far out of how far out of law school were you when you
- 4:05took that job? Oh, I, I was a law clerk in the
- 4:08D as office when I was still in law school.
- 4:11So I graduated law school and immediately that was my first
- 4:14job out of law school. Wow, Yeah, wow.
- 4:17No. Well, one of the things that
- 4:20kind of how do I say this, you're talking about hard cases
- 4:25in cases that mean that are meaningful to to the people that
- 4:29are involved, right, the families, the victims and stuff
- 4:32like that. I would imagine that I would
- 4:35imagine that it that there's some hard conversations that you
- 4:38have to have with some of these families.
- 4:42Oh yeah, oh, oh, it, it, you get a real eye opener as to this
- 4:49isn't just about, you know, the, oh, I've got a police report and
- 4:53oh, I've got to prove these elements and I've got to make
- 4:55these arguments in court that this is like real life stuff
- 4:59happening. These are real people whose
- 5:01lives are very much affected, both as from the victim's
- 5:05perspective and from the defendant's perspective.
- 5:07I mean, you get, you know, you, you, you realize you're putting
- 5:11people in prison and that's going to affect their life and
- 5:14their families lives moving forward.
- 5:16I'll never forget early on in my career, I, I had a case and I
- 5:21was talking to the defense attorney and I'm like, I felt
- 5:25that the offer we had given them was really good.
- 5:27And it was for for about 16 months in prison.
- 5:30And I'm like, what is going on here?
- 5:32Why won't he take this? I don't understand that, you
- 5:34know, that this is a great offer.
- 5:36Why are we pushing this to trial?
- 5:38And the defense attorney turns to me and he goes, he's never
- 5:41been to prison, man. And it was like, oh.
- 5:47Scares the crop out of. Swallow Yeah.
- 5:49This guy's having a rough time with the idea.
- 5:51For the first time, he's going to be going to prison.
- 5:53Wow. That's something I need to
- 5:55appreciate and understand moving forward.
- 5:58And from the victim's perspective, I will never forget
- 6:01this. When this was early, like, you
- 6:03know, within my first year, I was handling A misdemeanor case
- 6:07involving child like abuse, but not sexual.
- 6:14I'm talking about like the the children were being beaten
- 6:17essentially by their father and handled the case.
- 6:21Did the trial, felt all proud of myself.
- 6:23And the the mother of the children came to me afterwards
- 6:27and they were a an immigrant family.
- 6:29And she's speaking broken English and she tears in her
- 6:31eyes saying thank you so much for helping us.
- 6:34And it was like, wow, this isn't about wins or losses.
- 6:38This isn't about my, my trial stats.
- 6:41Like these people's lives have now been affected by this and
- 6:44hopefully for the better moving forward.
- 6:46So it's to to your point, it is definitely you are dealing with
- 6:50absolute real life drama and real life consequences for
- 6:55people. Well, and like I, I as a
- 6:58reporter in this local area and I don't know what it is about
- 7:02our area. Actually, I, I have theories out
- 7:05here in Western Pennsylvania, this used to be a very, very
- 7:09wealthy area because of the oil industry.
- 7:12And in the 90's the oil industry literally just picked up and
- 7:15left and went to Texas and it left this place just desolate.
- 7:20And that was, that was a prime opportunity for a, a drug
- 7:24epidemic to just sweep through. And that, that's what ended up
- 7:27happening. So we have, we have a lot of
- 7:30crime for, for a place that's so rural because we're now 30 years
- 7:37into this battle with, with drugs.
- 7:40And, but so in my reporting, I will often talk with families
- 7:48where something has happened to a loved 1 of theirs and they
- 7:51will say, you know, DA so and so doesn't care.
- 7:58He just doesn't care. He won't prosecute, right.
- 8:00And it's very hard for me to communicate to them that he has
- 8:04a duty to only prosecute a case that he knows, he knows he can
- 8:10win or he has, he has a very, or he's confident that one, the
- 8:15person that he would be prosecuting is guilty, he has.
- 8:18And two, that he could win, he'd he'd be able to prove.
- 8:21It may not be that he doesn't care.
- 8:23It just may be that he can't prove it.
- 8:27And I I bet that's got to be tough.
- 8:29It's extremely tough. And I've had many of those
- 8:32conversations or conversations where you, you charge someone
- 8:37with a crime and then you, you know, you, you start to
- 8:41understand how difficult this might be to prevail at trial.
- 8:45And so you make an offer. And that might be way below what
- 8:50the, the victim's family members are hoping for.
- 8:53I mean, they, you know, they're, they've in the case of, let's
- 8:57say a murder, they've lost a loved one.
- 8:59And the price of that to them is there's no, there's no value you
- 9:05can put on it, right? But at least they want the
- 9:08prosecutor to get the maximum. And when you make a plea deal,
- 9:13it necessarily includes you probably offering something less
- 9:16than the maximum. And so they believe that
- 9:19therefore you don't feel their loved 1 is worth that.
- 9:23And you, they start to feel like you're frankly a coward or that
- 9:27you don't want to put in the work or that you're lazy, or
- 9:30that you're just trying to move your caseload along.
- 9:33And you're trying to explain to people that no, I, I want a win
- 9:36here. I don't want to go to trial and
- 9:39lose. And then you, you get 0 justice
- 9:42for your loved 1. And so I'm making the difficult
- 9:45decision of offering something less than the maximum, but
- 9:48hopefully that that does some level of justice.
- 9:52And those are difficult conversations.
- 9:55Well. You're people leaving very
- 9:57unhappy with you. You're.
- 9:58Right. Sure.
- 9:59And, and that's a good transition into the case that
- 10:01we're talking about tonight, Ellen Greenberg, because one,
- 10:05this is a case that never made it far enough along in the in
- 10:11the investigative process to really have that kind of a hard
- 10:14conversation, but it did, it did end up, I don't know if you're
- 10:20familiar with this, but there was a guy that worked as an ADA
- 10:25in the Philadelphia District Attorney's office named Guy
- 10:28D'andrea. Every time I say there's this
- 10:30guy, and I know his name is Guy should stop, I should stop doing
- 10:33that. But he was Guy D'andrea was told
- 10:37about this case from, I mean, it was like a Six Degrees of Kevin
- 10:44Bacon kind of thing that he found out about this thing.
- 10:46And he found the file in a closet where they kept their
- 10:51holiday decorations. And he looked at it and he
- 10:54thought, hey, I've got a homicide here.
- 10:56I would like to prosecute this homicide.
- 10:59But the police were adamant that it was not a homicide.
- 11:04And I would imagine in in the shoes of a prosecutor, that
- 11:09might be a pretty steep hill to climb.
- 11:14Yeah, I can't even, I first of all, I don't even have a, a
- 11:18situation that I can call upon that's even similar to that.
- 11:21Because I mean, just so your listeners understand, usually
- 11:26the way it works is the one making the calling the shots on
- 11:30whether or not something's a homicide and whether or not to
- 11:32bring charges and pursue it is the DA's office.
- 11:35I mean, this is another difficult conversation.
- 11:38Many times you get officers who come in with a file and they've,
- 11:41they've been they've put a tremendous amount of work into
- 11:44it and they want you to file something and you go, sorry,
- 11:47guys, we don't have it. You need to go do more
- 11:50investigation or we just don't have enough that we feel we can
- 11:53prove this beyond a reasonable doubt.
- 11:55And your your cops will be very frustrated with you thinking you
- 11:58don't, you don't got the guts, you don't want to do it, you're
- 12:00lazy, whatever. But I can't think of a situation
- 12:04I've ever encountered where the prosecutor takes a look, goes, I
- 12:08think this is good for murder. And the officers, the Police
- 12:12Department saying, no, we don't, we don't think it's there.
- 12:15I mean, that's just not the way it works.
- 12:16The, the people who decide are the prosecutor's office and the
- 12:20people who do the investigation are the the police.
- 12:22And they make suggestions. But it usually doesn't work that
- 12:25way. So I can't imagine what he must
- 12:28have gone through and the frustration and what
- 12:30conversations he may have had with his supervisors.
- 12:33But I mean, listen, if your police are not on board and they
- 12:37believe that something is one thing and you believe it's
- 12:39something else, even if you decide to pursue it, it's going
- 12:42to make it incredibly give difficult.
- 12:44And you you imagine putting your officers on the stand to talk
- 12:48about a case where they don't even believe that a crime was
- 12:50committed. That's that's not going to be a
- 12:52very successful day in court. Yeah, Now this case is one that
- 12:57just to give a quick primer to everybody, Ellen Greenberg was a
- 13:0127 year old woman living in the Manayunk neighborhood of
- 13:05Philadelphia. She was engaged to be married to
- 13:07a guy named Sam Goldberg. And one night in January of 2011
- 13:14is January 26th, 2011, so the story goes, she was discovered
- 13:19on the kitchen floor with a knife sticking out of her chest
- 13:22and nineteen additional stab wounds, half of which were to
- 13:25the back of her head and neck. When the medical examiner
- 13:30examined her body, he, I think correctly in my opinion, ruled
- 13:34her death a homicide. But under pressure from police
- 13:37and actually a member of the DA's office as well, allegedly,
- 13:41I should say that that's what her parents allege, he changed
- 13:46it. Well, actually, I, he has
- 13:49testified to that. I guess I, I, I don't have to
- 13:51put a ledge on that. He testified to it.
- 13:55But under pressure from members of the Philly PD and at least
- 14:01one assistant District Attorney, he was pressured to change the,
- 14:04her manner of death to suicide. And her parents have been trying
- 14:11to get this, this error corrected for 14 years now.
- 14:16They're still they're still in a fight, Josh.
- 14:21In fact, on the 14th of is is tomorrow, October.
- 14:25Are we in October tomorrow, crying out loud.
- 14:28OK, that's crazy. Yeah.
- 14:30October is my birth month, and I am having a midlife crisis right
- 14:34now, so I'm not really excited for my birthday.
- 14:37But on October 14th. Thank you.
- 14:40Thank you. It's Friday.
- 14:43I turn 50 on Friday. I turn 50 on Friday.
- 14:48You don't look it, my friend, I don't.
- 14:49Like it the the skunk stripes don't give it away.
- 14:54No, you're talking to the Oh dude, no, I appreciate to the.
- 14:58Converted. I was turning. 50 And I was like
- 15:00silver oh, I'd be in, I'd be in. But anyway, on the 14th, they
- 15:07have a hearing again in front of Judge Linda Carpenter because
- 15:13they're trying to get the city of Philadelphia to just do what
- 15:15they settled to do, which was expeditiously do a review of
- 15:21this because now Doctor Osborne is saying, no, it's not suicide.
- 15:25So y'all take a look at it. And in the last hearing, I wish
- 15:29you could have been there, Josh. It was amazing.
- 15:31Judge Carpenter really lit into him.
- 15:34And she actually said, I would love to hear your thoughts on
- 15:37this. She she actually goes, this is
- 15:40not verbatim, but she goes, I think I have the power to
- 15:45declare this a homicide. Tell me how I don't have that
- 15:48power. Yeah.
- 15:50And then everybody was like, do you think a, a judge can I, I
- 15:57know that through mandamus, a judge can force action, but I
- 16:01don't, I don't know that a judge can say, no, this is a homicide,
- 16:05make a homicide. First of all, I love, I love
- 16:09this judge. I, I did not, I have not seen
- 16:12video, but I've read the reports of the comments that she's made
- 16:15in court. And I love her because she's,
- 16:17she's just so sick of it. And she's really putting
- 16:20pressure on on the it's the city, right?
- 16:24It's the city of Philadelphia. That's the defending, if you
- 16:27want to call it in this action. And why haven't they done what
- 16:31they promised they're going to do?
- 16:32And she she, she she starts, she starts thinking outside of the
- 16:37box while she's on the bench. Can she officially declare this
- 16:42a homicide? I don't believe so.
- 16:44I don't, I don't think, you know, you're talking about a, a,
- 16:46a conflict between the executive branch and the judicial branch
- 16:50of our governments. And I don't think she can from
- 16:52the bench, take an action which is in the purview of the
- 16:55executive branch, which is law enforcement, right?
- 16:58Yeah. But I think she can certainly
- 17:01have place on the docket in order to show causes to why it
- 17:06hasn't been done and what what is the what's taking so long and
- 17:10what what evidence do they have that is preventing them from
- 17:14making that decision right away. And I think that she is
- 17:17essentially doing that is, you know, turning up the temperature
- 17:20as much as she can to say enough with this.
- 17:23This is why are we still sitting here with unanswered questions
- 17:26on this case? Yeah, her ultimate threat was, I
- 17:29think I'm just going to put this back on the docket.
- 17:31Let's take it to trial. Yeah, I love it.
- 17:35Yeah. Judge Linda Carpenter.
- 17:37I see. The Commonwealth of Pennsylvania
- 17:40is lame. They they don't allow cameras
- 17:42and you cannot record. You can't record any, any court
- 17:46proceedings, period. And a zoom hearing, which is
- 17:50what it was. I just wanted to, like, record
- 17:52it. And then I wanted to put it like
- 17:55those cars in the World War 2 movies playing Édith Piaf and
- 17:59their little loud speakers. I wanted to drive through Philly
- 18:06and just just play what it was that she said.
- 18:09But I hope that the city, the city quibbles.
- 18:11The city is not a defendant. They're former employees of the
- 18:15city that are defendants. But it's a city attorney that
- 18:18that is representing them. So maybe we'll see this getting
- 18:23back on. And all that they're asking for,
- 18:26right, is just to begin the investigation.
- 18:30It's not even, it's not even that they're asked the judges
- 18:34ordering them to come to a certain conclusion is that, am I
- 18:38getting that right? Like, it's to me, it's, it's I,
- 18:42I don't, I understand backlogs, bureaucracies, the government, I
- 18:47work for the government. I, I get it.
- 18:49I get how, you know, doing the simplest of tax tasks and
- 18:53somehow can sometimes seem like, you know, insurmountable.
- 18:57But when the idea is just simply beginning an investigation that
- 19:04doesn't need not seem like the greatest of undertakings that
- 19:06can't be accomplished. And especially if the if the
- 19:10outcome of that investigation is not somehow being dictated, it's
- 19:14like, OK, we we've got people assigned to this, they're taking
- 19:18a look, they're opening up an investigation.
- 19:21Yeah, you got that right. So what happened was in
- 19:24February, I was actually there for this.
- 19:28It was like, it was like this a scene from a very dramatic law
- 19:32movie. And and I hate watching legal
- 19:35dramas because they're all just so terrible.
- 19:36But it it felt like that, right? And yeah, the settlement that
- 19:42that they came to was that Josh and Sandy, OK, the lawsuit was
- 19:49over. Josh and Sandy alleged that
- 19:52there was a conspiracy to cover up the murder of Alan Greenberg
- 19:55by members of the city, members of the medical examiner's
- 19:59office, members of the Police Department, members of the DA,
- 20:03member of the DA's office, The DA, the the suit against the DA
- 20:08got kicked like that because she enjoys, you know, high official
- 20:12immunity, but. OK, so they're, they're suing
- 20:17over this alleged conspiracy to cover up the murder of their
- 20:21daughter. The settlement that the city
- 20:22came to literally the, a panel of jurors were in the the
- 20:27courtroom getting ready for jury selection and they sat there for
- 20:31probably 3 hours while all these hearings and negotiation was
- 20:35happening in other rooms. But the settlement was we'll pay
- 20:41Josh and Sandy Greenberg a certain amount of undisclosed
- 20:44money be to make them whole, hopefully for everything that
- 20:48they've spent trying to trying to get justice for their
- 20:52daughter, which they said was that they said they sent spent
- 20:55about 800 grand on this so far. And so you're pushing 1,000,000
- 20:59bucks. And then the second part of that
- 21:03is that they would, and the word was expeditiously review Doctor
- 21:09Osborne's work with the new staff in the medical examiner's
- 21:13office, because they're all new to see what it was that they
- 21:16think. And that was it.
- 21:18And they didn't act like you said, they didn't ask to make it
- 21:21a homicide or make it undetermined.
- 21:23It was just review it and that's all they're asking.
- 21:28It and to me, and I hope I'm not oversimplifying it, but to me
- 21:33that is sounds nearly as simple as taking a file from the bottom
- 21:37of the stack and putting it to the top of the stack there.
- 21:40Yeah. No one's asking for the the the
- 21:44the review to even have been completed.
- 21:47No is no one's asking for a certain result.
- 21:49No one's asking for all sorts of further investigation being
- 21:53done. It's just, hey, can you have
- 21:55somebody, a new set of eyes, objectively take a look at this,
- 21:59that again, I don't understand why that can't be accomplished
- 22:02in the town, the time that they've been given.
- 22:05And I think that didn't the judge have some great, great
- 22:08line about under what universe or something does this appear to
- 22:12be expeditiously? I, I, I, I remember something
- 22:14along those lines too, that it's like, right, what do we, what is
- 22:18the dragging of feet for at this point?
- 22:20Because what the what they're asking for seems incredibly
- 22:24reasonable given the circumstances.
- 22:27I agree now and like you said, and I think the Greenbergs have
- 22:31been this way too, where I mean Philadelphia is a violent place
- 22:37with many murders every year. It's like 2-3 hundred people
- 22:40that get murdered every year in Philadelphia and they have a
- 22:44staff. I don't think it's very big,
- 22:46maybe six or seven medical examiner's, right.
- 22:50So that is a that's that that's, that's a lot of work that can
- 22:56backlog. Yeah.
- 22:59However, I don't think they need anything more than the file.
- 23:02The doctor like just don't read his autopsy.
- 23:05Just read the reports, look at the photos, look at the tissue
- 23:09samples. Right.
- 23:10But the, the city in that hearing was asking for well, the
- 23:14police files need to be delivered and oh, there's been a
- 23:17strike and oh, you know, the Courier and oh, the this and oh
- 23:20the that. And Judge Carpenter brought up,
- 23:25you don't need any of that. Why do you need any of that?
- 23:28Just look at the you have files, don't you?
- 23:31It's pretty crazy. Well, and also begin the
- 23:36process, right. I mean, it's, it's one thing to
- 23:38say like, well, we're, we've started the process and we're
- 23:42continuing our review, but we're waiting on whatever the police
- 23:47to hand over such and such, you know, certain documents to be
- 23:49refined, but you're telling me you can't even get started until
- 23:54you feel like you've got all those pieces in place.
- 23:57It's like I again, I, I, I, I having been in government,
- 24:04there's a little bit of sympathy on my part realizing the
- 24:06bureaucracies that they deal with.
- 24:08But, but it seems as simple as assigning this to a medical
- 24:12examiner and having that person start a review and then they can
- 24:16say we've we've accomplished at least what the what the
- 24:20settlement was about and we will update the court to our
- 24:23progress. Yeah, OK, so by the way, one of
- 24:28the things that I really love about Josh and Sandy and I, and
- 24:30I expressed this last night, just so you know, Josh.
- 24:36So Sandy has become like a second mom to me.
- 24:39I talked to her on the phone sometimes daily.
- 24:42Like, like she's my buddy at this point.
- 24:44I really love him to death, but one of the things that I've
- 24:48really loved about Josh and Sandy is they've never asked for
- 24:52a homicide investigation. They've that's never even and
- 24:56people pressure them. What is that they want out of
- 24:58this? I want the world to know that my
- 25:00daughter did not do this to herself.
- 25:02Well, who did it? Who do you think did it to her?
- 25:05It does not matter. That is for the police.
- 25:08What matters to me is that the world knows that my daughter did
- 25:11not do that to herself. And they've, they've kept on
- 25:13that the whole time. However, I'm kind of in the
- 25:18other camp where I'm like, OK, well, there, there is a suspect
- 25:21here and, and there should be, well, I have a suspect.
- 25:26I, I imagine if police investigated correctly, they
- 25:30would have a suspect or two maybe.
- 25:33But say, say the medical examiner comes back and I don't
- 25:38have high hopes for this because it's Philadelphia, but the
- 25:41medical examiner's office comes back and says we agree that this
- 25:44is a homicide. OK, So now it has to actually be
- 25:49investigated as a homicide. So let's say that it goes
- 25:52through a five year investigation for a homicide
- 25:54investigation and then it makes it back to ADA and they bring it
- 26:00back in. OK.
- 26:01Mr. Ritter. Mr. DA Ritter, Sir, here is our
- 26:05file. This is our case.
- 26:06Yeah. It started out, We thought for
- 26:0815 years that she had did it to herself.
- 26:11And then we fought with them for all of these years.
- 26:15And then they forced us to do this.
- 26:17And then we actually did it. Like, as ADA, are you going to
- 26:21be able to take up that case? Like, are you going to be able
- 26:23to tell a jury? Such a great question because I
- 26:27feel like people don't people who follow this kind of don't
- 26:31understand that element of it as well.
- 26:33Is that the, the, like you said, remarkably, the city could
- 26:39change their posture on this thing completely.
- 26:42And you could have a detective who takes a look at this and
- 26:45goes, wait, wait a minute. Not only do I feel this was a
- 26:48homicide, I've got my lead suspect already put together an
- 26:52entire investigation. Hand that to the DA's office and
- 26:55they could say, and this is not an unlikely scenario, they could
- 26:59say, great work. I agree with you.
- 27:02We don't have enough to file because that's a different
- 27:06standard. There's a, you know, there's a
- 27:08wide chasm between suspicion by the Police Department, even the
- 27:12gathering of evidence identifying A suspect and ADA
- 27:17believing that they have proof beyond a reasonable doubt of who
- 27:22they're going to charge 'cause that's the standard.
- 27:24We don't, we don't. DA's offices don't throw it
- 27:28against the wall and see what sticks.
- 27:30They've got to only file charges where they believe that if they
- 27:34need to, they can stand in front of 12 people and prove this case
- 27:37beyond a reasonable doubt. That's the highest legal
- 27:39standard that we have. And that is there's a big
- 27:42difference, like I said, between suspicion and beyond a
- 27:46reasonable doubt. And they just might not feel
- 27:48that they have it. And it could be not for reasons
- 27:53of laziness or they don't believe, you know, they don't
- 27:57want to take the chance. Or it could just be we don't the
- 28:01evidence has disappeared because of a lack of investigation of
- 28:04the last 10 years or the evidence disappeared within the
- 28:08first two days when they brought in professional cleaners to
- 28:11clean up that. I mean, it could just be that
- 28:13that case was never going to make it to a filing because the
- 28:17evidence got lost early on. I think the good news in all
- 28:21this is that I think Josh and Sandy would just be happy if the
- 28:24world recognized that something that that happened to their
- 28:28daughter, that Ellen was killed. Ellen did not do it to herself.
- 28:31And, and I think I think that they will find comfort in that.
- 28:39I will not, not at all. But I could imagine being a
- 28:43prosecutor and standing in or well, I could imagine being a
- 28:46prosecutor sitting at my desk in a courtroom.
- 28:49You've got your 12 people over in the jury box that are
- 28:51listening to everything that you say.
- 28:53And then in the opening statement, a defense attorney
- 28:56gets up and goes, this is not a homicide.
- 28:58They didn't even think it was a homicide for 15 years.
- 29:01You know, like holding that against, which I think would be
- 29:05a compelling argument. It'd be a good argument.
- 29:07Yeah, I mean, a defense attorney.
- 29:09I mean, listen, he's going to call that medical examiner and
- 29:13go wait a minute. You're.
- 29:15You declared this a homicide. Fine.
- 29:17Then you received further information and declared it a
- 29:20suicide. Were you lying at that time,
- 29:23Sir? Are you on the stand telling us
- 29:24that was a lie when you declared this a suicide?
- 29:27No, no, no, no, no. I received other information.
- 29:30OK, great. And then you got sued, right?
- 29:33And then you declared this. His determination isn't.
- 29:38He said other than suicide. Other than suicide, I mean, that
- 29:42is. Listen, if you're 12 people who
- 29:44know nothing about this case and you're hearing that you're kind
- 29:47of going, what am I doing here? How have they proven this?
- 29:50I mean it, again, I feel your frustration and I share your
- 29:54frustration. But if we're talking about how
- 29:57this actually plays out at a trial, it is it's going to be a
- 30:01real difficult undertaking for a prosecutor, even if they get
- 30:05friendly investigators involved. You know, there is a there's a
- 30:11line from the movie Men in Black delivered beautifully, perfectly
- 30:15by Tommy Lee Jones. That is like, it is a truth that
- 30:19I live by, OK. And it came from a stupid movie.
- 30:23And the line is a person is smart, people are stupid.
- 30:28I have been a juror on a murder trial.
- 30:33And I sat in that box for the two weeks of the trial looking
- 30:38at all the evidence, listening to all the witnesses, looking at
- 30:42all the forensic everything. And I was so excited to go back
- 30:47into that jury room and go, oh, I'm glad this is going to be
- 30:50fast because Thanksgiving is just a couple days away and
- 30:53we're planning on traveling right and get into the jury room
- 30:57and the dill hole idiot people that I was on a jury with, I
- 31:02couldn't believe it. I could not believe that they
- 31:07were even sitting in the same trial that I was.
- 31:10So how do you do that? Like as a prosecutor and even at
- 31:13because you're, you are now a defense attorney, right?
- 31:16Do you do criminal defense? Is that?
- 31:18What you do? OK.
- 31:20So how much faith do you have in juries?
- 31:23Tell tell me a little bit about that.
- 31:27Yeah, if you ever really want to test your faith in humanity, go
- 31:31go watch jury selection in just a random courtroom somewhere.
- 31:35And it is, it is amazing. Listen, you, you, you've got,
- 31:41you've got a lot of good folks who want to do the right thing.
- 31:44You've got a lot of people who just want to get out of jury
- 31:47duty. You've got people who've got
- 31:49wild and ridiculous beliefs. And you're given the shortest
- 31:56amount of time to try to weed through all of those people to
- 31:59find folks that you hope are reasonable to sit on the jury.
- 32:03You know, everybody thinks that jury selection is this kind of,
- 32:08you know, process where you're trying to pick the jurors that
- 32:12you want to be on and they'd like, oh, that juror, juror
- 32:16number perspective juror #13 is fantastic for us.
- 32:20And I'm going to make sure he know you're, you're what you're
- 32:23doing is you're picking the people you don't want on you're
- 32:26you're with your limited time as you're trying to identify all
- 32:29those people who are just have ridiculous kind of world views
- 32:34and what you're left with then. And this happens to me every
- 32:36single time as you go through this whole process and you kick
- 32:40and the other side kicks and you go back and forth.
- 32:41And finally you reach that climactic moment where you both
- 32:45accept the jury as currently impaneled.
- 32:47They swear them in. And you look over and you see 12
- 32:51people that you know nothing about because they're the people
- 32:54who probably kept their mouth shut through the whole thing and
- 32:56so therefore didn't identify themselves as having kind of
- 33:00ridiculous views. But then you go through this
- 33:04trial and many times afterwards, you'll speak with jurors and you
- 33:08are blown away by some of the stuff that they were talking
- 33:11about while deliberating and some of the things that they got
- 33:15hung up on. And I've, I've got, you know, I
- 33:18wake up in cold sweats still sometimes thinking about some of
- 33:21the things that I've heard jurors say afterwards that
- 33:24affected whether or not they had a conviction on a case or not.
- 33:27It's it is you listen, I firmly believe we have the best system
- 33:33in the entire world. I firmly believe that we, we, we
- 33:36do it as best that we possibly can.
- 33:38But you're right, you're putting it into the faith of, of, of
- 33:43people and people. People.
- 33:45What? What was the code?
- 33:46Yeah, a person is smart, people are stupid.
- 33:49Yeah. Yeah, that's and it's true.
- 33:52It's absolutely true. When we get into to groups of
- 33:55people, I remember our deliberations.
- 33:59Oh, Dang it, there was this I was juror #2 juror number one
- 34:05was this sweet little old lady. She she looked like something
- 34:10out of like, I don't know, our town.
- 34:14She she even had like she even had like a, a a fur stole.
- 34:20I mean, it looked like you couldn't even you couldn't even
- 34:22write this person right. But she was the cutest little
- 34:25old lady. And she was so just
- 34:28conscientiously writing notes, man.
- 34:30She, she was taking notes. And I, and the entire time I was
- 34:34thinking, man, I'm glad that we have her.
- 34:36She is paying close attention and she's taking these copious
- 34:40notes, right? And we get into the jury room
- 34:44and it turns out she's deaf. She cannot hear anything that
- 34:49anybody is saying. And she thinks that she heard
- 34:52things that just never happened. Just never happened, you know?
- 34:58Incredible. Yeah.
- 35:01Yeah, those stories. So yeah, anyway, with, with
- 35:05Ellen, I don't, I, I guess I don't have a lot of faith that
- 35:10this would will end someday in a, in a conviction, but.
- 35:16I mean, well, not to not to dash everyone's hopes, but you know,
- 35:22sometimes in cases like this, if this is a murder, right, you'll
- 35:30see a break in a breakthrough route will come, but it won't
- 35:33come in the sense of some sort of forensic change.
- 35:37And it won't come in the sense of like, you know, you get a
- 35:39medical examiner that says, oh, I found the missing piece that
- 35:43nobody saw over the past decade that in that proves this is
- 35:47murder. It could come in the form of
- 35:51someone who can't keep their mouth shut and someone after a
- 35:54decade of keeping their knowing something can't can't hold it
- 35:58inside of them anymore and a guilty conscience.
- 36:01And they come forward and they say, I had a conversation with
- 36:04so and so and so and so told me XY and Z.
- 36:07And that is where you usually see the breakthroughs in these
- 36:10things. But if this case, as as it is
- 36:12right now and everything that we know about it remains true, it
- 36:15is, it is even even with the full force and confidence of the
- 36:22prosecutors and detectives behind, it is an incredibly
- 36:26difficult case to bring in front of a jury.
- 36:29Yeah, yeah. Well, I, I think I brought our
- 36:32audience down with that same opinion.
- 36:34But I mean that this is This is why it's so important that I
- 36:40mean, I think I said this on your show, or at least the call
- 36:44in video that I sent you, where like everything about this case
- 36:49started with just shoddy police work because they were in the
- 36:54middle of a nor'easter and had and you know what?
- 36:59I've had bad days. You know, I've had really bad
- 37:03days. And they do seem to kind of
- 37:07those bad days seem to accumulate around natural
- 37:11disasters. And you know, those, those, I
- 37:14guess what would we call them? Things in your life, you know,
- 37:17that are that are going wrong and stuff like that.
- 37:19So I can understand people having a bad day, but this all
- 37:24comes down to had they just like, I don't know, rotated her
- 37:29body and went oh, oh, yeah. Or said to themselves, I don't
- 37:35know that anybody really does that to themselves by stabbing
- 37:39them in their heart. Why don't we put, why don't we
- 37:41put an extra 15 minutes into this, You know, if they would
- 37:43have just done that. Yeah, You know, that's I'm so
- 37:48glad you say this that way because that's something I've
- 37:51thought about this too, is that, you know, we always look at this
- 37:54as they really dropped the ball in the beginning and therefore
- 37:58somebody got away with murder and that is 1 conclusion you
- 38:01could arrive at. But just being objective and I
- 38:05don't know how people are going to respond to this.
- 38:07Another way of looking at it at is they dropped the ball in the
- 38:11beginning and therefore someone who did take their life in a
- 38:15very bizarre way. Now we are all left with all
- 38:19these unanswered questions and frustrations because you didn't
- 38:22do it handle it properly to begin with.
- 38:24In other words, my point being, like, even if it was a suicide
- 38:29and they believe that, they should have still investigated
- 38:32it thoroughly so that we're not all sitting here going, well,
- 38:35what about this and what about that?
- 38:36And wait a minute, you're telling me that they witnessed
- 38:39him breakdown the door, but nobody witnessed him breakdown?
- 38:41Like, give us the answers so that at least people are not
- 38:45tormented, including her mother and father over the last 10
- 38:48years, that they just feel like somebody got away with it
- 38:52because you didn't ask those questions early to begin with,
- 38:57does. That make sense yeah.
- 38:58And I I guess another layer to that for me when I think about
- 39:01the Philly PD again, I just think everybody was having a bad
- 39:05day. It was a hard day and and I can
- 39:09understand that the, my, my real problem with the Philly PD is
- 39:13when I think they recognized we've got a problem here because
- 39:18Doctor Osborne said we've got a homicide.
- 39:20Did you know she was stabbed in the back of her head 10 times,
- 39:23right? They didn't to my observation
- 39:28anyway, in my opinion, they didn't go, oh crap, we have made
- 39:32a mistake here. Let's, let's see if we can, you
- 39:34know, investigate this thing. No, they doubled down and like,
- 39:40they did it through the media. They did like a public pressure
- 39:43campaign through the media to make the medical examiner's
- 39:47office change their mind. And and that to me is like, OK,
- 39:52you know, you can, you can make a mistake, but when you endeavor
- 39:55to cover up those mistakes, then then I've got a problem.
- 39:59Yeah, yeah, yeah. And why?
- 40:02Why pressure the conclusion too with the medical examiner like?
- 40:09I feel like we wouldn't even have been as set on fire by this
- 40:14whole thing as if they had listened.
- 40:17Listen, you want cops presenting as much evidence to the medical
- 40:21examiner as possible, right? And if you feel like if the
- 40:24medical examiner's getting it wrong, you want those police
- 40:27doing the right thing and presenting him with evidence.
- 40:29So let's try to assume for a moment that everybody's got
- 40:32honest hearts here and you've got a medical examiner that
- 40:35draws A conclusion that the police feel like is not
- 40:37supported by the evidence. And you want them going to him
- 40:41and going, hey, did you know at the time that you arrived at
- 40:44this conclusion, XY and Z? But then leave it there, right?
- 40:50Let him do his job. And if he wants to come back and
- 40:52say, well, even in spite of all of that, I stand by my original
- 40:56conclusion or now that I've received this new information,
- 40:59I'm going to put it down as undetermined.
- 41:01But it was like they, you know, from what we know, it sounds
- 41:05like they, they wanted this conclusion of suicide so that
- 41:09they could close it and end it and walk away from it and hope
- 41:13that that would be the end of it.
- 41:14And that added to the conspiracy.
- 41:17And like I said, the fuel to the fire that everybody's still
- 41:19inflamed about to this day. Yeah, I, I also, I wonder, I
- 41:27wonder how many families this has happened to a couple things.
- 41:31And I'd loved your your thought on this number one, most people
- 41:35don't have 1,000,000 bucks to fight the system for the I mean,
- 41:41Josh and Sandy are getting up in years, man.
- 41:43They've been spending their their entire, well, it's not
- 41:48their entire life, but it's their entire, let's call it
- 41:50would have been grandparent stage of their life, right,
- 41:55fighting for their daughter. And it just so happens that they
- 41:59have the resources and really the grit to do it.
- 42:02I mean that the, the, the grit that these two people show is
- 42:08pretty remarkable. It is, as they say, True Grit,
- 42:11right? There's they're those kinds of
- 42:14people. So most so I'm wondering how
- 42:17many families have been kind of bulldozed by something like this
- 42:22happening. And then the second thing is I
- 42:25wonder what your thoughts are like when you were ADA, did you
- 42:29ever get a file and thumb through it and look at, oh,
- 42:32that's the assistant medical examiner I got on this case.
- 42:35Crap, he sucks. He is the worst witness.
- 42:39He does such shoddy work because Doctor Osborne, I mean, he did
- 42:44copy and paste errors. He just did copy and paste
- 42:46errors. He said there was nothing
- 42:48remarkable about her neck, but took pictures of the hemorrhage
- 42:51inside her neck, you know, and the bruises on her neck.
- 42:54I mean, is, is that a thing that I guess, is that something that
- 43:00you've experienced where you're like, oh, it's this
- 43:02investigator, it's this Emmy, This is not going to go well.
- 43:06Yeah, I mean, there were there because you know, the the DA's
- 43:14office at least in, in, I'm going off of my experience here
- 43:17in LA County, they're they're separate government agencies,
- 43:20right? Like they're, they don't work
- 43:21with or for each other. The, the, and that's the way it
- 43:26should be. The coroner's office should be
- 43:27an independent office that does the work of, you know,
- 43:31examinations and autopsies. And then they compile their
- 43:35reports and they hand it over to the DA's office.
- 43:37And there should be very little influence between the two.
- 43:41Now, sometimes you go back and you'll ask for clarification on
- 43:45something or you'll ask for, did you run a toxicology on this and
- 43:49whatever, you know, whatever. But because of because of that,
- 43:55we had, you know, the DA's office can't decide who is
- 43:58assigned to a case or whether or not somebody should still be in
- 44:03that office. That's their office and they can
- 44:05run it how they want. I imagine, you know, there are
- 44:07people who were in the DA's office that weren't the cops
- 44:10wouldn't like bringing their case to a certain prosecutor
- 44:13'cause they don't feel like they do a great job.
- 44:14So, yeah, there were medical examiner's that you thought,
- 44:17God, I wish so and so had been assigned to this, but they
- 44:21weren't. And now I've got this report and
- 44:23I know this person's not great and not even to the point of
- 44:26saying that they get their evaluations wrong, but maybe
- 44:29they're just awful on the stand and they can't explain
- 44:32themselves and they can't, they don't perform well during a,
- 44:36during a, during a, you know, testimony.
- 44:41And a lot of times too, the medical examiner, they don't
- 44:45necessarily know the public profile that a case is going to
- 44:49get when they first get it. So they.
- 44:51Might. You know, they might just be
- 44:53assigning this to whoever's up next.
- 44:55Oh, it's your turn for for an autopsy.
- 44:58And that might not be the best person for a case that's going
- 45:01to become an incredibly controversial case.
- 45:04So, yeah, I mean, I've, I've it is a frustration and a part of
- 45:09it is a result of, of that objectiveness that you want to
- 45:14exist. But then another part of it is
- 45:16that you, it leads to, you know, consequences like this.
- 45:19I mean, yeah. I mean, it's, it's it's I again,
- 45:25I'm trying to think of how would, how would this case play
- 45:27out if you had to put him on the stand and it would be a problem.
- 45:31Yeah, here in here in western Pennsylvania, there used to be a
- 45:36pathologist that worked at the. He's retired the but at the Erie
- 45:40County P as medical examiner's office.
- 45:42And I loved it when he was the when he was the pathologist
- 45:47because he was the best giver of testimony he could speak to.
- 45:52First of all, he spoke loud enough, you know, he was he was,
- 45:58oh, man, his testimony was awesome.
- 46:00And yeah, I I hear that. And I remember back when when I
- 46:04was on that jury, there was this one was a shooting death.
- 46:08And what happened with the young men who got shot was they they
- 46:13were like shot center mass and then they were shot on the side
- 46:17and then they were shot in the back.
- 46:19And I remember the prosecutor saying, So what is your
- 46:23conclusion that they were that they the victims were turning
- 46:29and running. And the forensic pathologist
- 46:31said, my opinion is that either the gun was going around them or
- 46:38they were going around inside where the gun was.
- 46:41And I remember as a juror, I was like, you know, it was it was
- 46:45completely clear understood what she was saying.
- 46:48She was looking at it from a scientific perspective and she
- 46:51wasn't drawing any conclusions. It was cool.
- 46:54So having those witnesses are pretty amazing.
- 46:56Hey, Mooney is my one of my mods.
- 46:59She's my OG. She's been supporting my channel
- 47:02since forever, she said. Can you ask Josh Josh if he ever
- 47:05worked with Emily Baker? Hi Mooney, Emily and I were in
- 47:12the office at the same time, but I never was assigned to the same
- 47:16place she was assigned. Like I said that the DA's office
- 47:19in LA is enormous and there is a dozen different courtrooms and
- 47:24actually more than that, courthouses that are staffed by
- 47:27DAS. And so you get assigned all
- 47:29around the county. And I just never crossed paths
- 47:32with her. But I I do know that we were in
- 47:34the office at the same time and we know a lot of the the same
- 47:36folks and I hear nothing but good things.
- 47:41She's an impressive YouTube, I'll tell you that.
- 47:43Yes. Oh.
- 47:44My goodness, yeah. I I imagine working with a staff
- 47:47of 1000 lawyers, with all the other support staff and
- 47:50everything. You can't possibly know
- 47:51everybody in the office. No, that's like going to a
- 47:55liberal arts, funny, small liberal arts college.
- 47:58You've got to. Yeah, that's what it's.
- 48:00Like, yeah, you know, a lot of you know enough that, like I
- 48:04said, there's usually only 1° of separation.
- 48:06So I know people who were assigned with her, but I was
- 48:10never assigned with her myself. Cool.
- 48:14Let's see, T Suze says. Gavin and Josh, was there
- 48:17anything that surprised you in the dock talking about the
- 48:19docuseries that came out on Hulu?
- 48:21Did you check out that at all? I did.
- 48:23I did. What did you think of it?
- 48:27I thought it was incredibly well done, but I don't know this case
- 48:30to the granular level like you do.
- 48:32I I thought it was incredibly well done and I thought they did
- 48:35a very good job. Well, again, I want to hear your
- 48:39opinion, but I thought they did a good job of kind of trying to
- 48:43be as objective and not point you towards the conclusion that
- 48:47at the end of it, I felt probably about as confused as I
- 48:51was to begin with, which is kind of a good thing sometimes in
- 48:54these documentaries. I mean, it certainly drove home
- 48:57the points that you've already made tonight about this was
- 49:00handled poorly to begin with. There was a lot of pressure
- 49:03campaigns and politics playing a role in this that should not
- 49:06have played a role. But at the end of the day, it
- 49:09was kind of like, I remember turning to to T Suze, who's my
- 49:12wife, by the way. Oh yeah.
- 49:15Yeah. This is Tiffany.
- 49:17This is Tiffany turning, turning to her and going, you know what?
- 49:22I have not heard anything yet that makes me go this is
- 49:26absolutely this or absolutely that.
- 49:29Like it's everything about this case and that's why we're still
- 49:31talking about it 10 plus years later.
- 49:34Everything about it, you, there's things that are
- 49:37convincing and questionable kind of on both sides.
- 49:40I don't know though. How do you feel after watching
- 49:42it? So I, I haven't given this much
- 49:47detail about the doc, but the documentary started as a Laura
- 49:51Diamond Gavin Fish project. And yeah, and Laura and I worked
- 49:56together for about 3-4 years on it and I was happy to help as,
- 50:03as a source and to help her get to the right place.
- 50:07Now, I, I don't want to take away anything the Laura did
- 50:10because freaking Laura is an amazing reporter that I can't
- 50:13believe the people that she chased down.
- 50:14She's just absolutely amazing. But Laura and I worked on that
- 50:18together for a few years. And then when Black Fan, which
- 50:22was bought by Lionsgate, kind of became involved.
- 50:28I just don't like the entertainment industry.
- 50:31I just, I, I don't like the business of it.
- 50:33I like the product of it. So everything that is in that
- 50:36document, I am there in that docu series.
- 50:40I am intimately familiar that it was going to be there, or at
- 50:43least that they were talking about putting it there.
- 50:45And I know all the things that they weren't going to put in
- 50:47there. So there wasn't anything that
- 50:49surprised me in the doc. There were some things that were
- 50:51missing. But I think that to your point,
- 50:56they did that on purpose, one, because they had to stay
- 50:58objective, right? That this is an ABC News
- 51:01documentary. They have to stay objective
- 51:04third party. And yeah, so like the whole Josh
- 51:09Shapiro thing, they didn't really get into the whole James
- 51:12Schwartzman, Kamian Schwartzman thing.
- 51:14They didn't get into. They didn't get into the
- 51:17strangulation aspect of it. They didn't get into a lot that
- 51:20well, They barely did. They kind of did right there.
- 51:24But also what was it, you know, 345 minute, you know, episodes.
- 51:30So it's not like it's not like you can cover that in, in that
- 51:34the entire case in that amount of time.
- 51:36So I've been, but I was impressed.
- 51:39I was I was deeply impressed. And as soon as it was, as soon
- 51:43as I watched it, I reached out to Laura, I reached out to
- 51:45Nancy, who's the director and executive producer.
- 51:47I reached out to everybody on there just to congratulate them
- 51:50on on what they did. I couldn't participate in it
- 51:54because if I did, I'm sure there would have been a murderer and I
- 51:58would have been accused of. I just hate the entertainment
- 52:01business so much. But it would have driven me to
- 52:05murder. But they barely John.
- 52:13I also felt too, I really appreciated the the way that
- 52:19they portrayed her mother, Josh and Sandy.
- 52:27I could have easily have seen in the hands of different
- 52:31documentarians, them almost making them look a little, you
- 52:36know, Don Quixote ish, that they're kind of chasing after a
- 52:39thing that's unattainable. But they, they, I felt it was
- 52:42kind of a loving portrayal of a of, you know, parents lost their
- 52:46only child and they've now made it a mission to make sure that
- 52:50she has not been forgotten and mistreated by the by the system.
- 52:55I thought that was well done. Yeah.
- 52:58I think one of the things that that I think is pretty freaking
- 53:03remarkable about Josh and Sandy is that through all of this,
- 53:06they have remained faithful and loving to one another.
- 53:10Like that is the gauntlet that they have been running through.
- 53:14And the fact that they've held hands the entire time is pretty
- 53:16impressive. And I'm glad that I'm glad that
- 53:19they, that they portrayed it that way because it I, I know.
- 53:25And they and they said in the dock, too, that that it was
- 53:28difficult on them at different times.
- 53:31And I so, yeah, I loved that. I loved the little scenes with
- 53:34Caroline, who is Sandy's niece. And yeah, they, they, they did
- 53:42the Greenbergs, right. And I was really grateful for
- 53:44that. Let's see.
- 53:46O Contrera wants to know if I can tie my hair up yet.
- 53:48I can. Yes, I can tie up my hair.
- 53:54Let's see. Shopping addicts just got here.
- 53:56So happy to see it's a collab between you 2.
- 53:59Glad that we glad that we did. It's pretty fun.
- 54:03I just want to see if there are any other questions here instead
- 54:06of just going through. Was it a hung jury?
- 54:10I think she might be asking about my No, no, I was a
- 54:14convincing politician in that jury and I, I Josh, I'm not
- 54:22super proud of this, but we had to negotiate as a junior and I
- 54:27ended up, I ended up giving, I wanted two first degree murders
- 54:32and we negotiated one first degree, one second degree.
- 54:36That's how we ended up doing that.
- 54:38Well. Can I say something?
- 54:39Though too, you do, you know, how many like to your point of
- 54:43how these things end up and how do they ever come up with a
- 54:46conviction? What if there wasn't a you in
- 54:49that in that room? There may have been somebody as
- 54:51thoroughly convinced by you, but just not in it for the fight.
- 54:54And when people say they we, we can't decide, OK, you know, I
- 54:57want to go home. OK, I'm not going to I'm not
- 54:59going to put in the work. I mean, how many how many trials
- 55:03do we see end up in hung juries? And I think that's just because
- 55:05people don't want to really give it the time and effort.
- 55:08They just kind of go, oh, OK, let's all agree to disagree and
- 55:11get out of here. And hopefully the judge declares
- 55:13A mistrial and we're on our way home.
- 55:15We saw one yesterday in the murder of Kirby Carpenter down
- 55:18in Ripley County. No, I'm sorry.
- 55:21Ripley, Ms. Yeah, they, they they deliberated for something
- 55:27like 6 hours and said no, we we are impossibly deadlocked.
- 55:33Well, apparently none of you are married.
- 55:35Have you ever had an actual argument?
- 55:37Come on. Pretty crazy.
- 55:40OK, let's see if there are any other questions.
- 55:45No, let's see, has the Pi or family, Jen says, looked into
- 55:49how easy it is to Jimmy those door locks so it can look like
- 55:52it was locked from the inside. Yeah, but I don't think that's
- 55:56the question. They've they've looked at all
- 55:58that, but I don't even think that's the right question.
- 56:01It's the question that people often ask.
- 56:03And yeah, no shade at you, Jen, but I I think what we should be
- 56:09asking is, was the door actually locked?
- 56:13And I don't think it was. Yeah.
- 56:16No, but there is one witness, one neighbor who said that they
- 56:20saw Sam outside of the door. But.
- 56:25Struggling to get in or something.
- 56:26Yeah, but I don't think the door was locked that that's me and I
- 56:32think that's it. So Josh, thanks for coming, man.
- 56:36That was a fun conversation. This was.
- 56:38Great. This time flew by, by the way.
- 56:41Yeah, holy crap. It's been, we're coming up on an
- 56:44hour that did fly by. What's going on in your channel?
- 56:47What? What do you want people to know
- 56:49on your channel? You know what I would love for
- 56:51them to know first of all, if they don't subscribe, please
- 56:54come over to courtroom confidential and subscribe.
- 56:57We'd love to have you. And, and we have a, an interview
- 57:02with Gavin that we kind of did turn the tables on the
- 57:06investigative reporter and asked him about his, his life and
- 57:09background, which you guys should check out.
- 57:10But we put a lot of work into a recent video that's up on our
- 57:15channel right now where we did a deep dive into the Rex Heuermann
- 57:19case and we put a lot of time into it.
- 57:22We did some interviews with people who've been following the
- 57:24case very closely, a lot of kind of background information and
- 57:29archive footage and everything. And it's, it's up right now.
- 57:32It's called case notes. Rex Heuermann I really invite
- 57:37people to go check that out, 'cause we just really kind of
- 57:41put a lot of sweat and tears into it.
- 57:42And it, I, I'm very proud of the product.
- 57:45I, I, you know, the amount, the amount of, the amount of
- 57:49resources and time and people that somebody has like a
- 57:52dateline has working on it. I, I feel like we're, we're,
- 57:56we're giving them a run for their money on a, on a shoelace
- 57:59and Scotch tape budget. So do you know, man, what I'm
- 58:05blanking on his name. I've known him for years.
- 58:09Do you know John Ray? He's he's an attorney who
- 58:12represents one of the, well, a couple of the families of
- 58:16victims out there. No, but I when you said the
- 58:20name, I immediately kind of recognized it and I think that's
- 58:22why, but I do. Not know he's always in a fancy
- 58:25hat. He's he's always dressed for the
- 58:27name that guy. If you want an introduction, if
- 58:29you want to do a follow up and talk with a fascinating person,
- 58:32I will introduce you to John Ray.
- 58:34Oh, absolutely. He knows that case inside and
- 58:37out. So yeah, everybody head on over
- 58:40to Courtroom confidential. I've got it.
- 58:42LinkedIn the title and in the description, give him a, give
- 58:46him a subscribe if you think he's earned it.
- 58:48I think he has. And yeah, that's so thankful
- 58:52that you came on and hopefully we'll do this every once in a
- 58:56while. It'd be great to have you
- 58:57anytime. Love to.
- 58:58All right, cool, hang out for just one second while I do my
- 59:01outro. Hey guys, just again, big thanks
- 59:05to Joshua Ritter from Courtroom Confidential to come in on
- 59:08tonight. That was amazing.
- 59:10For those of you who are come who are watching, who are
- 59:13viewers of Josh's, thanks for coming over and watching over
- 59:16here. I just want to real quickly give
- 59:19a quick little plug to the website.
- 59:21There is a page on the Ellen Greenberg case that is thorough.
- 59:26I'm just going to zoom on past there.
- 59:28You can see all the stuff, so if you want to know about the Alan
- 59:34Greenberg case, that is a great place to go while you're on my
- 59:37website. If you ever want to reach out to
- 59:39me and click on this little envelope right there, that will
- 59:42be the way that you can contact me.
- 59:44Having a hard time loading right now?
- 59:46And then if you click on this little fishy logo the right
- 59:48there, that will take you to the fish tank on Facebook where we
- 59:50hang out coming up on 5500 folks that are in the tank right now.
- 59:55If you are on Facebook and that is your thing, we invite you to
- 59:58come and join us and chat about true crime with that.
- 1:00:02With again thanks to Josh for coming on.
- 1:00:04I bid you adieu and I will see you on the next one.
- 1:00:07Take care. Thank you very much for watching
- 1:00:10this video. If you liked what you saw,
- 1:00:12please consider subscribing and if you have any questions or
- 1:00:16comments, please leave them below.