Latest / Sid & Friends In The Morning / Donna Rotunno | Criminal Defense Lawyer Updates Listeners on the Trial of Lindsay Clancy

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Donna Rotunno | Criminal Defense Lawyer Updates Listeners on the Trial of Lindsay Clancy · Sid & Friends In The Morning

• 0:00
  Speaker 1: Our good friend Donna Rotuno. Donna, good morning. How are you?
• 0:03
  Speaker 1: Good morning, Sid.
• 0:04
  Speaker 2: I'm great.
• 0:05
  Speaker 1: How are you? I'm great. Before we get to the
• 0:07
  Speaker 1: Lindsay Clancy stuff, I just played a cut from Colin Coward.
• 0:09
  Speaker 1: You know him, very famous sports guy. And he says
• 0:13
  Speaker 1: Caleb Williams and the Bears will finish second to the Lions.
• 0:19
  Speaker 1: Any thoughts?
• 0:21
  Speaker 2: You know, Sid, here's the thing about being a Bears fan.
• 0:24
  Speaker 2: You can make all the predictions you want, and you're
• 0:26
  Speaker 2: usually wrong. So I would love to say that because
• 0:30
  Speaker 2: Ben Johnson has it out for the Lions, that he
• 0:33
  Speaker 2: will do everything he can do to make sure that
• 0:35
  Speaker 2: doesn't happen. But, you know, any given Sunday, Sid.
• 0:38
  Speaker 1: That's well said. You're right. And he does have it out,
• 0:41
  Speaker 1: Ben Johnson, for the Lions. All right, let's get to
• 0:43
  Speaker 1: what he does. So the other day, I had you on,
• 0:48
  Speaker 1: and we talked about this case. And they put the
• 0:50
  Speaker 1: Instagram clip up on my page, and you have since
• 0:52
  Speaker 1: liked it. And I said that day, I said, I
• 0:55
  Speaker 1: don't think Lindsey Clancy is evil. I think the combination
• 0:59
  Speaker 1: of the meds she was on and obviously postpartum depression. Look,
• 1:03
  Speaker 1: what she did was evil. You murder your own children.
• 1:07
  Speaker 1: But I don't think that a maximum security prison is
• 1:10
  Speaker 1: where she belongs. I think she belongs in a crazy house.
• 1:13
  Speaker 1: They're going to start the, I guess, the closing arguments
• 1:16
  Speaker 1: at 9 o'clock this morning. What are you thinking?
• 1:20
  Speaker 2: I agree with you, Sid. I think the problem is
• 1:22
  Speaker 2: people are looking at this in two very black and
• 1:25
  Speaker 2: white ways. They're saying you killed three people. You're an
• 1:27
  Speaker 2: awful human and you should go to prison. Or they're saying,
• 1:31
  Speaker 2: you know, we feel so sorry for her. She's the victim.
• 1:33
  Speaker 2: I think neither one of those are true. I don't
• 1:36
  Speaker 2: think she's a victim, but I do think she deserves
• 1:39
  Speaker 2: the mental health defense that's available to her given the
• 1:43
  Speaker 2: documented history of mental health treatment, mental health diagnoses, medications
• 1:48
  Speaker 2: that she was on. So two things can be true
• 1:51
  Speaker 2: at one time. It can be an awful, horrible situation,
• 1:54
  Speaker 2: but also she's entitled to the defense when the defense
• 1:58
  Speaker 2: fits the facts. And that doesn't mean she's a victim.
• 2:01
  Speaker 2: So I think that there's something lost in translation here.
• 2:04
  Speaker 2: It's like, if you say that you don't think she
• 2:06
  Speaker 2: should go to prison, all of a sudden you're, you're,
• 2:08
  Speaker 2: you know, on her side. No, it's not that you're
• 2:11
  Speaker 2: on her side, right? You're right. You're saying that she
• 2:15
  Speaker 2: has this.
• 2:15
  Speaker 1: Right to have this defense. And I agree with you.
• 2:18
  Speaker 2: She should be in a hospital and frankly said, whatever
• 2:21
  Speaker 2: they do to her today or tomorrow or whatever the
• 2:24
  Speaker 2: jury makes the decision. She will never live a normal life.
• 2:28
  Speaker 2: She will live in a prison.
• 2:30
  Speaker 1: In her mind.
• 2:30
  Speaker 2: So I'm just not sure what justice really looks like.
• 2:34
  Speaker 2: What does it really do to put her in prison
• 2:36
  Speaker 2: for the rest of her life? What does that solve?
• 2:38
  Speaker 1: My dear friend Joe Takapina is on the show every Friday.
• 2:41
  Speaker 1: Great defense attorney. You know, 47 years we've been friends.
• 2:45
  Speaker 1: And Friday I brought up a story. It's a horrible
• 2:47
  Speaker 1: story about this young Pennsylvania guy. And he's dating this
• 2:52
  Speaker 1: very young girl on her way to a school in
• 2:55
  Speaker 1: Pennsylvania on a soccer scholarship. Two beautiful kids, both very
• 2:59
  Speaker 1: good looking. They're very, very cute. They go out and
• 3:02
  Speaker 1: he calls her to the house. He wants to give
• 3:04
  Speaker 1: her something. He runs inside the house. She thinks... He's
• 3:08
  Speaker 1: getting her what she's going to get. And what she
• 3:10
  Speaker 1: got was a brutal knife attack, and he murdered her
• 3:13
  Speaker 1: in the car. Now, he says, demons told me to
• 3:17
  Speaker 1: do it. Takapina said, okay, but hold on. He also
• 3:22
  Speaker 1: told his mom, help me. The mother cleaned the car.
• 3:25
  Speaker 1: They disposed of the body. So unlike the Lindsay Clancy case...
• 3:30
  Speaker 1: where I think the mental health argument is much easier.
• 3:33
  Speaker 1: But this guy, Moser, in Pennsylvania, he did way too
• 3:37
  Speaker 1: much before and after for that demon stuff to work
• 3:41
  Speaker 1: because we also found out he said she didn't like
• 3:44
  Speaker 1: something he didn't like, I should say, something she said
• 3:47
  Speaker 1: to him. So it looks to me like that kid's
• 3:49
  Speaker 1: in bigger trouble. What do you think? Well, absolutely.
• 3:52
  Speaker 2: And we have heard no evidence that that kid has
• 3:54
  Speaker 2: had any history of any mental health treatment whatsoever. So what,
• 3:58
  Speaker 2: all of a sudden, this normal, healthy guy hears voices?
• 4:01
  Speaker 2: I think that's a lot different than a woman who
• 4:03
  Speaker 2: has a documented history of seeking help and progressively getting worse. So, yes,
• 4:08
  Speaker 2: everybody says, well, you know, are these defenses going to
• 4:10
  Speaker 2: get out of control because of Lindsey Clancy?
• 4:13
  Speaker 1: No, they're not.
• 4:14
  Speaker 2: I mean, there may be people that make these claims
• 4:16
  Speaker 2: to the police when they get arrested. But if there's
• 4:19
  Speaker 2: no evidence of it, no lawyer is going to put
• 4:21
  Speaker 2: that forward in court.
• 4:23
  Speaker 1: Has there been new evidence with Kohlberger? He's the guy
• 4:25
  Speaker 1: accused of killing those four beautiful people in Idaho inside
• 4:29
  Speaker 1: that house off the college campus. Because I know there's
• 4:32
  Speaker 1: a hearing and he may have a chance to withdraw
• 4:34
  Speaker 1: the pleas. Why is that the case?
• 4:38
  Speaker 2: So Kohlberger has filed a motion to withdraw his plea,
• 4:41
  Speaker 2: stating basically ineffective assistance of counsel, that his rights were
• 4:45
  Speaker 2: violated because his lawyer told him all these things that
• 4:48
  Speaker 2: were not true. His lawyer kept pieces of evidence from
• 4:51
  Speaker 2: him that he.
• 4:51
  Speaker 1: Was unaware of.
• 4:53
  Speaker 2: And if he was aware of those things, he never
• 4:55
  Speaker 2: would have entered his plea. So the judge has set
• 4:58
  Speaker 2: a hearing down for this for next summer. So it's
• 5:02
  Speaker 2: a while away where Kohlberger is going to be able
• 5:05
  Speaker 2: to have a hearing and then the judge will determine
• 5:07
  Speaker 2: whether or not he can withdraw his plea. It will
• 5:09
  Speaker 2: depend what he claims at that hearing. My guess is
• 5:13
  Speaker 2: it will be denied, but it's a little too soon
• 5:15
  Speaker 2: to say, you know, given just what we know so far,
• 5:18
  Speaker 2: but he will have a hearing and the judge is.
• 5:21
  Speaker 1: Giving him one.
• 5:22
  Speaker 2: And frankly, you know, whatever happens in Coburger, whether he
• 5:25
  Speaker 2: can't withdraw his plea or if he can, and then
• 5:27
  Speaker 2: there's a trial, I think the judge will, you know,
• 5:32
  Speaker 2: if he gives them a trial, then they're going to
• 5:34
  Speaker 2: ask for the death penalty again. And, you know, nothing
• 5:37
  Speaker 2: is really lost. So whatever happens, happens.
• 5:39
  Speaker 1: I think, although it would.
• 5:40
  Speaker 2: Be horrible for these families to have to go through
• 5:42
  Speaker 2: this again, if the guy wants a trial, give him
• 5:45
  Speaker 2: a trial and let the government ask for death.
• 5:47
  Speaker 1: Well, you've been following this trial. You've heard the evidence.
• 5:49
  Speaker 1: Is there any doubt in your mind that Kohlberger did this?
• 5:52
  Speaker 2: There really isn't. And I've talked to, on my podcast,
• 5:57
  Speaker 2: Christopher Whitcomb, who wrote the book Broken Plea. I also
• 6:01
  Speaker 2: talked to Dr. Brent Turvey, who was one of the
• 6:03
  Speaker 2: criminologists who actually says that there was evidence that he
• 6:07
  Speaker 2: thought the defense should have explored. But again, you know,
• 6:11
  Speaker 2: I think the theory is, is that all of that
• 6:13
  Speaker 2: information was available to the defense at the time of
• 6:16
  Speaker 2: the plea. So the question will be, you know, his
• 6:20
  Speaker 2: lawyer will have to come and testify and Taylor, and
• 6:22
  Speaker 2: she will have to say what he was aware of
• 6:25
  Speaker 2: and what he wasn't. He has been appointed new lawyers. So,
• 6:28
  Speaker 2: you know, we'll see how it comes down in terms
• 6:30
  Speaker 2: of the evidence itself. I think that there is evidence to,
• 6:33
  Speaker 2: to convict him.
• 6:34
  Speaker 1: Overwhelming. We'll see. Yeah, we'll see. Final minute. No, you
• 6:36
  Speaker 1: have to go on Fox News here momentarily, but I
• 6:39
  Speaker 1: love watching you on TV. You do a great job.
• 6:41
  Speaker 1: So what are they talking about? You're welcome. Kohlberger or
• 6:44
  Speaker 1: Moser or Clancy. Every time I see Donna Ratuno on
• 6:48
  Speaker 1: Fox News, somehow they find a way to include Luigi Mangione.
• 6:54
  Speaker 1: What about today? Yes, they do.
• 6:57
  Speaker 2: I don't think we'll talk Luigi today, but Luigi today
• 7:00
  Speaker 2: is now a convicted felon in federal court, and he
• 7:03
  Speaker 2: is seeking to have his state court charges in New
• 7:06
  Speaker 2: York dismissed. There is a hearing set for that. I
• 7:09
  Speaker 2: think they go to court in October and then again
• 7:12
  Speaker 2: December 10th, and then he has his sentencing in federal
• 7:16
  Speaker 2: court December 18th. So, You know, his fate, regardless one
• 7:20
  Speaker 2: way or another, he will spend a very, very long
• 7:22
  Speaker 2: time in prison, regardless of what happens with the state charges.
• 7:26
  Speaker 1: He's a coward and a scumbag.
• 7:27
  Speaker 2: No question.
• 7:30
  Speaker 1: Don, I love you. I'll be watching you on Fox News.
• 7:32
  Speaker 1: I got it on inside my studio right here in
• 7:33
  Speaker 1: about seven minutes. Thank you for another amazing appearance. We'll
• 7:36
  Speaker 1: talk again very, very soon. Thank you. Anytime, sir. Thanks.
• 7:39
  Speaker 1: Donna Rotuno right there, Fox News. And she really is great.
• 7:42
  Speaker 1: All these big cases and lots of crazy people out there, Justin.
• 7:46
  Speaker 1: My crazy people. Crazy. Yeah, I'm one of them. Yeah,
• 7:49
  Speaker 1: but you haven't committed any awful crimes. That's true. I mean,
• 7:51
  Speaker 1: you are crazy, but you're not a criminal.
• 7:55
  Speaker 2: No.
• 7:55
  Speaker 1: As far as I know. I don't know. I'm not
• 7:57
  Speaker 1: with you all day, every day. I don't know what
• 7:58
  Speaker 1: you do.
• 7:59
  Speaker 2: He's crazy.
• 7:59
  Speaker 1: He is, right? Yeah, he's crazy. He has a bed.
• 8:02
  Speaker 1: Small misdemeanors. He has a loft. He lives in a
• 8:05
  Speaker 1: very small apartment, Justin, in New York City.
• 8:07
  Speaker 2: Okay?
• 8:07
  Speaker 1: Very small.
• 8:08
  Speaker 2: Yeah.
• 8:08
  Speaker 1: And he has a bed. It's a loft. It's a loft.
• 8:10
  Speaker 1: So what he does is, because he's a filthy degenerate,
• 8:14
  Speaker 1: he makes the girl walk up the stairs first. The stairs?
• 8:18
  Speaker 1: It's a ladder. The ladder. He makes the girl walk
• 8:21
  Speaker 1: up the ladder first so he can look at her.
• 8:25
  Speaker 1: Hopefully she's wearing, for Justin at least, a mini skirt
• 8:28
  Speaker 1: or I don't know what. Usually nothing, but that's fine.
• 8:31
  Speaker 1: Is that right? God, look at you. That's not true.
• 8:35
  Speaker 1: Is that true? No. But why did that story come out?
• 8:38
  Speaker 1: Did he make the girl walk up first, even? Why
• 8:40
  Speaker 1: did that even come out? I don't know. You seem
• 8:42
  Speaker 1: to get some weird things out of me sometimes, so... Oh,
• 8:45
  Speaker 1: so you actually did tell me that? Yeah, I said
• 8:47
  Speaker 1: it on the air. I don't remember if it was
• 8:48
  Speaker 1: Noam or somebody else. Yeah, I think so. So you
• 8:50
  Speaker 1: were bragging about that? Yes, yes. Yeah, for sure. Okay,
• 8:53
  Speaker 1: so you do have, at least, at the very least,
• 8:55
  Speaker 1: a deviant, right?
• 8:57
  Speaker 2: Um.
• 8:58
  Speaker 1: Yeah. Yes. Is your mom listening right now? I would
• 9:01
  Speaker 1: say that's being generous. All right. Donna does a great job.
• 9:07
  Speaker 1: And we covered four major cases here on Sid and
• 9:10
  Speaker 1: Friends in the morning.
• 9:12
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• 9:15
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• 9:18
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• 9:21
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• 9:26
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• 9:31
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• 9:37
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• 9:39
  Speaker 4: never have to wonder. What the heck is going on here?