Latest / Sid & Friends In The Morning / Donna Rotunno | Criminal Defense Lawyer | 07-07-26

Transcript

Donna Rotunno | Criminal Defense Lawyer | 07-07-26 · Sid & Friends In The Morning

• 0:00
  Speaker 1: Let's talk about what's happening here in the United States, Utah. Yesterday,
• 0:04
  Speaker 1: Tyler Robinson, the alleged murderer of Charlie Kirk in the courtroom,
• 0:09
  Speaker 1: first time ever that Charlie's widow, Erica Kirk, and Charlie's
• 0:13
  Speaker 1: mom and dad were in the same room staring base
• 0:16
  Speaker 1: to base with the alleged killer. Very emotional day. And
• 0:21
  Speaker 1: who better to speak to than my friend Donna Rutuno,
• 0:23
  Speaker 1: who does an amazing job covering all these big case issues,
• 0:26
  Speaker 1: a big time attorney for Fox News. So with that said, Donna,
• 0:30
  Speaker 1: welcome back. How are you a sweetheart?
• 0:32
  Speaker 2: Welcome for me to thank you said, I'm so happy
• 0:35
  Speaker 2: to be welcomed by you. How are you this morning?
• 0:37
  Speaker 1: I'm great. You know, yesterday before you get to Tyler
• 0:40
  Speaker 1: Robinson on the program, he made his debut first time
• 0:43
  Speaker 1: ever Hall of Fame linebacker number fifty four, Brian Urlacker
• 0:48
  Speaker 1: of the Chicago Bears. He was on yesterday because he
• 0:51
  Speaker 1: loves Trump and he loves me. Turns out now he
• 0:54
  Speaker 1: likes me. He likes all my stuff on Instagram. That's
• 0:57
  Speaker 1: how I found out he likes me. The end him,
• 0:58
  Speaker 1: I go, hey, are you following me? He goes, I
• 1:00
  Speaker 1: love you. So I put him on the show yesterday
• 1:03
  Speaker 1: and I brought up you and I said, my friend
• 1:05
  Speaker 1: Donna Watuna was telling me that the Bears may leave Chicago.
• 1:08
  Speaker 1: And he said, look, I don't like JB. Pritzker, I
• 1:11
  Speaker 1: don't like Brandon Johnson, and that still may happen. The
• 1:15
  Speaker 1: Bears may still leave Chicago. Is that true?
• 1:19
  Speaker 2: You know, we keep trying to convince ourselves that it's
• 1:22
  Speaker 2: not true. But I have to tell you, said, I
• 1:25
  Speaker 2: don't see any other paths from them now. Granted, we
• 1:28
  Speaker 2: can talk about the Bears organization and why the billionaire
• 1:31
  Speaker 2: owners should put their own money into this stadium and
• 1:34
  Speaker 2: why they should stay, and I agree with all that,
• 1:36
  Speaker 2: but at the same time, from a business decision, you
• 1:39
  Speaker 2: would understand why people would say, I want to get
• 1:41
  Speaker 2: out of Chicago. So we'll see what happens. Of course,
• 1:44
  Speaker 2: as fans, we are continuing to hold on to hope
• 1:47
  Speaker 2: that they will stay. But I'm telling you I don't
• 1:49
  Speaker 2: have great feeling about it. They're definitely not staying in
• 1:52
  Speaker 2: the city. Will they stay in Illinois, possibly, But I
• 1:55
  Speaker 2: don't see any paths in which they stay in the
• 1:57
  Speaker 2: city of Chicago, which makes me incredibly sad.
• 2:00
  Speaker 1: Oh my god, it makes me said till I'm a
• 2:01
  Speaker 1: Giant fan. I have no love for the Bears, but
• 2:03
  Speaker 1: I've been the soldier field and the rich history. You know,
• 2:06
  Speaker 1: I mentioned Earl Lockers in the Hall of Fame before him,
• 2:09
  Speaker 1: linebackers like Mike Singletary and Dick Buckets, all those great
• 2:12
  Speaker 1: defensive players, and that amazing eighty five team that beat
• 2:15
  Speaker 1: the Patriots and won the Super Bowl. Jim McMahon, I
• 2:18
  Speaker 1: mean that team can't leave. If they do leave Illinois,
• 2:20
  Speaker 1: were they talking about.
• 2:21
  Speaker 2: Going, They're talking about going to Indiana, right over the
• 2:24
  Speaker 2: border and a much more friendly business state. Indiana is
• 2:29
  Speaker 2: trying to welcome them with open arms. Now I'm hearing
• 2:31
  Speaker 2: that there's some problems with the land that they're looking
• 2:35
  Speaker 2: at in Indiana for a variety of reasons. So we'll
• 2:37
  Speaker 2: see what happens. But this is definitely dragging on, and
• 2:40
  Speaker 2: you know, we're just we're very sad. It if it
• 2:43
  Speaker 2: were to come home.
• 2:44
  Speaker 1: Mike, you're telling me that they could end up being
• 2:46
  Speaker 1: the Indiana Bears.
• 2:48
  Speaker 2: Well, you know, they would still call them the Chicago Bears.
• 2:51
  Speaker 2: I think, just like the Giants and the Jets, they
• 2:54
  Speaker 2: play in New Jersey, right, so I do think that
• 2:56
  Speaker 2: they would probably still call them the Chicago Bears. But
• 2:59
  Speaker 2: you know, I don't know. Will be a sad day
• 3:02
  Speaker 2: if it happens, and just not as I think fun
• 3:05
  Speaker 2: to say, I'm going to the Bears game Indiana.
• 3:08
  Speaker 1: So it makes no sense. No, it's terrible, all right,
• 3:11
  Speaker 1: So I'll keep my eye on that. I'm actually rooting
• 3:13
  Speaker 1: for you. I know you and your dad, Donna, You'll
• 3:15
  Speaker 1: love to watch your Bears there at Sojier Field in Chicago.
• 3:18
  Speaker 1: So hopefully the team doesn't leave. Well, let's get to
• 3:21
  Speaker 1: the issue at hand, which is Erica Kirk and Charlie
• 3:25
  Speaker 1: Kirk's mom and dad in the courtroom yesterday. Correct me
• 3:28
  Speaker 1: if I'm wrong, but I believe this hearing, which is
• 3:31
  Speaker 1: all week long, is all about making sure there is
• 3:35
  Speaker 1: enough evidence to bring a murder charge to Tyler Robinson.
• 3:39
  Speaker 1: Is that right?
• 3:40
  Speaker 2: Yes, that's exactly right. So a preliminary hearing is a
• 3:43
  Speaker 2: probable cause standard to show that the government has enough
• 3:47
  Speaker 2: evidence that a crime occurred and that it is possible
• 3:51
  Speaker 2: that mister Robinson committed that crime. So it's a very
• 3:54
  Speaker 2: low standard. They do not need to establish evidence, as
• 3:58
  Speaker 2: you would at a trial where the standard of proof
• 4:01
  Speaker 2: is beyond a reasonable doubt. Really, these are normally very routine.
• 4:06
  Speaker 2: This has been very strange out in Utah. How long
• 4:09
  Speaker 2: this is taking, this process. I mean, remember Charlie was
• 4:12
  Speaker 2: shot in September and here we are now July. And
• 4:15
  Speaker 2: in most jurisdictions where you live, where I live, preliminary
• 4:19
  Speaker 2: hearings or indictments happen within thirty to sixty days. So
• 4:23
  Speaker 2: this has just been a very labor labored and long process.
• 4:28
  Speaker 2: And so I'm hoping that this week this is wrapped
• 4:32
  Speaker 2: up and we can move on to getting ready for
• 4:35
  Speaker 2: the trial phase of this case.
• 4:36
  Speaker 1: And once I get to the trial, correct me if
• 4:38
  Speaker 1: I'm wrong, but the prosecution ideally would like the death
• 4:42
  Speaker 1: penalty for Tyler Robinson.
• 4:43
  Speaker 2: Yes, that is correct, Thanks, correct, all.
• 4:46
  Speaker 1: Right, So give me. You know, yesterday was so emotional
• 4:49
  Speaker 1: that I guess some of the testimony there was video
• 4:52
  Speaker 1: was so graphic that at one point Erica Kirk, Charlie's widow,
• 4:56
  Speaker 1: and Charlie's mom and dad had to leave the court
• 5:00
  Speaker 1: room they couldn't even watch it. I know, Donald Trump Junior,
• 5:04
  Speaker 1: who was very, very very close with Charlie, he was
• 5:07
  Speaker 1: sitting there too, So give me the gory details. Unfortunately
• 5:12
  Speaker 1: of what these court people went through yesterday.
• 5:15
  Speaker 2: Well you have to think about it, I mean, and
• 5:17
  Speaker 2: they put out statement yesterday saying that every time this
• 5:20
  Speaker 2: case goes to court they have to relive the awful
• 5:23
  Speaker 2: day where Charlie was murdered. And you can absolutely understand that.
• 5:27
  Speaker 2: You know, these court rooms have to be technical in
• 5:30
  Speaker 2: the sense that they have to go through what happened.
• 5:32
  Speaker 2: And obviously part of what happened was this awful shooting
• 5:35
  Speaker 2: and there's a video of the shooting that of course
• 5:38
  Speaker 2: was you know, online and many people saw. And so
• 5:42
  Speaker 2: when they got into the actual shooting and the you know,
• 5:46
  Speaker 2: the circumstances of that, the family got up and left
• 5:49
  Speaker 2: and the judge told them out of time that they
• 5:51
  Speaker 2: could absolutely do that if there were points that they
• 5:53
  Speaker 2: don't want to hear, and I'm sure it's just something
• 5:55
  Speaker 2: that they don't want to continue to relive. And frankly,
• 5:57
  Speaker 2: they probably don't want everyone sitting around that watching their
• 6:01
  Speaker 2: reaction to that. So I don't blame them. This is
• 6:04
  Speaker 2: something they live every day, whether it's happening in a
• 6:06
  Speaker 2: courtroom or not. But I'm sure having other people watch
• 6:09
  Speaker 2: and then be able to comment on your reaction is
• 6:12
  Speaker 2: not something that you want to have happened.
• 6:14
  Speaker 1: I remember that day so well, and I was on
• 6:16
  Speaker 1: a ferry and I saw the video and I said,
• 6:20
  Speaker 1: he's dead. I mean the amount of blood that was
• 6:23
  Speaker 1: shooting out of his neck. And I remember, and it
• 6:26
  Speaker 1: wasn't right of me, but I got angry with Glenn
• 6:28
  Speaker 1: Beck because Glen Beck was on with Megan Kelly going
• 6:32
  Speaker 1: on and on about how they've got blood transfusions and
• 6:35
  Speaker 1: he's improving, and I'm saying to myself, improving. He died
• 6:39
  Speaker 1: right there. I'm sorry, just like you know, the Savannah
• 6:42
  Speaker 1: Guckrie's mother. Okay, she's been dead since that night, since
• 6:46
  Speaker 1: that first night, and I was like why. And I
• 6:48
  Speaker 1: understand they wanted to, you know, hold out hope and
• 6:51
  Speaker 1: did want to destroy Erica and the family. But if
• 6:54
  Speaker 1: you watched that video, I'm sorry. There was no way
• 6:58
  Speaker 1: anyone can survive that you want.
• 7:01
  Speaker 2: Yeah, I agree with you. I watched it. I didn't
• 7:03
  Speaker 2: even know what I was watching. Someone sentence to me
• 7:05
  Speaker 2: and I clicked on it and I was like, oh
• 7:06
  Speaker 2: my god, Yeah, I agree. There was no coming back
• 7:09
  Speaker 2: from something as awful as that.
• 7:11
  Speaker 1: So, is there any reason to believe that there's not
• 7:14
  Speaker 1: enough evidence to try Tyler Robinson after this week?
• 7:18
  Speaker 2: No, not at all. There's going to be a finding
• 7:20
  Speaker 2: of probable cause all of this that we're going through
• 7:23
  Speaker 2: this process. Of course, you know, Tyler Robinson is entitled
• 7:26
  Speaker 2: to his due process and he is until proven guilty,
• 7:29
  Speaker 2: and his lawyers should challenge evidence. I do feel in
• 7:32
  Speaker 2: some ways they are going overboard in terms of some
• 7:35
  Speaker 2: of the challenges here. Some of this is legal one
• 7:37
  Speaker 2: O one. You know, some of the things they're objecting
• 7:40
  Speaker 2: to are coming in, no matter how many times they
• 7:42
  Speaker 2: object and jump up and down and yell about it. So,
• 7:45
  Speaker 2: you know, I do think it's all going to be
• 7:47
  Speaker 2: a formality in the end, and we will move on
• 7:50
  Speaker 2: and this case will eventually go to trial. And because
• 7:52
  Speaker 2: it's one hundred degrees here, I'm hoping that if it
• 7:54
  Speaker 2: does go to trial, it goes to trial, and the
• 7:55
  Speaker 2: weather is a little bit more.
• 8:00
  Speaker 1: It's very chilly in Utah, very very quickly, so you know,
• 8:03
  Speaker 1: you'll be fine. Do you have any idea why Tyler
• 8:06
  Speaker 1: Robinson has not entered a plea yet.
• 8:10
  Speaker 2: Yes, So it's very similar where I practice law, mostly
• 8:13
  Speaker 2: in Illinois. So normally a probable cause preliminary hearing it
• 8:18
  Speaker 2: has to happen before your formal charges are brought. So
• 8:22
  Speaker 2: the charges he is is facing are now technically signed complaints.
• 8:27
  Speaker 2: And once the judge finds probable cause, then it is
• 8:30
  Speaker 2: the information that is actually charging you. And once the
• 8:34
  Speaker 2: probable cause happens, that's when you will enter a plea.
• 8:38
  Speaker 2: So that's why normally in a lot of cases it
• 8:40
  Speaker 2: happens much faster because this process happens faster, and just
• 8:44
  Speaker 2: so people listening understand, a finding of probable cause at
• 8:48
  Speaker 2: a preliminary hearing is the exact thing as a true
• 8:52
  Speaker 2: bill after an indictment. Utah does not have a grand
• 8:56
  Speaker 2: jury process to get an indictment. If they did, my
• 9:00
  Speaker 2: guess is this would have been an indictment. We never
• 9:02
  Speaker 2: would have heard about this. It would have been done
• 9:04
  Speaker 2: in thirty days and he would have entered his flea
• 9:07
  Speaker 2: and we would be moving on. But Utah does not
• 9:09
  Speaker 2: have a grand jury process, got it, And.
• 9:11
  Speaker 1: Like you said, he's entitled to a bair trial. But
• 9:14
  Speaker 1: he's a scumbag, he's a murderer, he's a loser. Not
• 9:16
  Speaker 1: enough bad things that happen to this guy, this son
• 9:18
  Speaker 1: of a bit, you murder my friend Charlie. And it's
• 9:21
  Speaker 1: very similar to what's going on in New York with
• 9:22
  Speaker 1: this lowlight Luigi Mangioni. And every couple of weeks, I
• 9:26
  Speaker 1: see he's back in Corn. He's back in Corn. I mean,
• 9:28
  Speaker 1: what is going on with that case?
• 9:31
  Speaker 2: So right now, remember there's two jurisdictions dealing with Mangioni.
• 9:34
  Speaker 2: You have State court New York State Court. You have
• 9:37
  Speaker 2: federal court in New York also, so he's facing his
• 9:40
  Speaker 2: trials in both places. It's been very strange the last
• 9:44
  Speaker 2: that case has been moving along. I think fairly well.
• 9:47
  Speaker 2: I think his lawyers have done a good job for him.
• 9:50
  Speaker 2: And state court they were able to have the charges
• 9:53
  Speaker 2: that involved the murder of terrorism tossed out, which would
• 9:57
  Speaker 2: have made him mandatory life. And then on the federal side,
• 10:01
  Speaker 2: they had the top charge tossed out because they argued
• 10:06
  Speaker 2: that stalking was not a violent crime under the statute.
• 10:09
  Speaker 2: And frankly, the way the judge read that statute I
• 10:11
  Speaker 2: think was correct.
• 10:13
  Speaker 1: That would have been the dut penalty right correct.
• 10:16
  Speaker 2: And we may not like that judge's decision, but it's
• 10:19
  Speaker 2: actually legally correct. And she said, it's a fraught decision.
• 10:23
  Speaker 2: It's hard to do this, and on that end, I
• 10:25
  Speaker 2: think they need to change the law. But beside that,
• 10:28
  Speaker 2: so he has these two cases pending. What was very
• 10:30
  Speaker 2: strange in the last several weeks was that the defense
• 10:34
  Speaker 2: filed this extreme emotional distress defense basically, and then the
• 10:41
  Speaker 2: next day they withdrew it. So that was a little
• 10:43
  Speaker 2: bit suspect. So nobody knows why they did that and
• 10:46
  Speaker 2: then with drew it. But that case is going to
• 10:48
  Speaker 2: go to trial. The state case should go to court
• 10:52
  Speaker 2: before the federal case, given the way eleanor, given the
• 10:55
  Speaker 2: way New York deals with those sovereign issues, So you
• 10:59
  Speaker 2: know he's going to go to The fear in that
• 11:01
  Speaker 2: case is you get some crazy rogue jerr that comes
• 11:05
  Speaker 2: in and says, I can be fair, I can be fair,
• 11:07
  Speaker 2: I can be fair, but will never convict Luigi Mangioni
• 11:10
  Speaker 2: because they agree with the ideology. And that's the fear.
• 11:14
  Speaker 1: Ah yeah, yea disgusting, You're amazing. One of these days
• 11:18
  Speaker 1: we're going to do that dinner me, Danielle, your husband
• 11:21
  Speaker 1: at Promola. I know you love it there, so do I.
• 11:24
  Speaker 1: But I do love you. I think you're great on TV.
• 11:26
  Speaker 1: You're great here too. Next time come in. But what
• 11:28
  Speaker 1: a spectacular appearance, Dona, thank you so much.
• 11:31
  Speaker 2: Said, let me say one thing really quick. I know
• 11:33
  Speaker 2: we talk about my dad all the time. Today is
• 11:35
  Speaker 2: his birthday, So if I could just wish my dad
• 11:37
  Speaker 2: a happy birthday? No way?
• 11:38
  Speaker 1: Really? Yes, is he listening right now?
• 11:41
  Speaker 2: If he's not listening now, he will definitely listen when
• 11:44
  Speaker 2: it drops on the app because he always does. What's
• 11:46
  Speaker 2: his name, Tony Rotino?
• 11:49
  Speaker 1: Tony Rotino? And how old is your dad today?
• 11:52
  Speaker 2: Seventy seven on July seven.
• 11:54
  Speaker 1: Seventy seven, WABC, seventy seven. How about that? Look at
• 11:58
  Speaker 1: all these seventy sevens. Hey, God bless your father. I
• 12:01
  Speaker 1: know he's a wonderful man and he should have a
• 12:03
  Speaker 1: wonderful enjoy enjoy his birthday today. And God bless all
• 12:06
  Speaker 1: you guys. Donna, thank you so much.
• 12:08
  Speaker 2: Thanks a great day, you too.
• 12:10
  Speaker 1: Donna Rutanol right there from Fox News. An amazing attorney,
• 12:14
  Speaker 1: great on TV and become a go to guy, a girl,
• 12:17
  Speaker 1: I should say, a go to girl on this show
• 12:20
  Speaker 1: for all the legal stuff. She really is terrific.
• 12:23
  Speaker 3: Thanks for listening to sit in. Friends in the morning.
• 12:26
  Speaker 3: You can hear Sit and Friends in the morning weekday
• 12:28
  Speaker 3: mornings at six. If you like the podcast, share it
• 12:32
  Speaker 3: with your friends and listen anytime at WABC radio dot
• 12:35
  Speaker 3: com and download the WABC Radio app. Hit that subscribe
• 12:39
  Speaker 3: button on all major podcasts platforms. Plus, follow WABC on
• 12:44
  Speaker 3: social on Instagram, TikTok, Facebook, and X see you next
• 12:48
  Speaker 3: time for a new episode, so you never have to
• 12:51
  Speaker 3: wonder
• 12:51
  Speaker 1: What the heck is going on here