Latest / NO FILTER / Firefighter accused of sexual assault_ Father claims slaying of children_s mother was self-defense(MP3_160K)
Transcript
- 0:10Speaker 1: Hello, and welcome to the Sidebar presented by True Crime News,
- 0:13Speaker 1: taking you inside the courtrooms of high profile and notorious
- 0:16Speaker 1: cases from across the country. I'm your host, Joshua Ritter.
- 0:19Speaker 1: I'm a criminal defense lawyer based on Los Angeles and
- 0:21Speaker 1: previously an LA County prosecutor for nearly a decade. You
- 0:25Speaker 1: can find me on all social platforms at Joshua Ritter
- 0:28Speaker 1: EESQ or at Joshua ridd dot com. We're recording this
- 0:32Speaker 1: on Wednesday, October twenty second, twenty twenty five. In this
- 0:36Speaker 1: week's episode, a Florida woman facing trial and the fatal
- 0:39Speaker 1: shooting of rapper Juliofulio, plus a father claiming self defense
- 0:44Speaker 1: after allegedly slaying the mother of his children. But first,
- 0:49Speaker 1: the retrial of an Irish firefighter accused of assaulting a
- 0:52Speaker 1: woman in a Boston hotel room. I'm flying solo today,
- 0:56Speaker 1: so let's go ahead and just jump right in. First
- 0:59Speaker 1: out of Boston. In Massachusetts, a man accused of sexual
- 1:02Speaker 1: assault took the stand in his own defense this week,
- 1:06Speaker 1: claiming he never made physical contact with the alleged victim.
- 1:10Speaker 1: Dublin firefighter Terence Crosby is facing trial for the second
- 1:14Speaker 1: time after jurors failed to reach an unanimous verdict in June.
- 1:17Speaker 1: At the time of the incident, Crosby was visiting Boston
- 1:20Speaker 1: to take part in the city Saint Patrick's Day parade
- 1:23Speaker 1: and rooming in a hotel with fellow firefighter Liam O'Brien.
- 1:28Speaker 1: The victim alleges that she had a consensual sexual encounter
- 1:31Speaker 1: with O'Brien before the pair fell asleep, and she later
- 1:35Speaker 1: awoke to Crosby forcibly penetrating her. Police questioned Crosby following
- 1:40Speaker 1: the victim's allegation, and following the questioning, Crosby changed his
- 1:44Speaker 1: return flight from Ireland to leave immediately. The defendant was
- 1:48Speaker 1: eventually arrested on the flight and charged. Crosby testified that
- 1:51Speaker 1: he had been drinking heavily the entire day of the incident,
- 1:55Speaker 1: as had all parties involved, but denied ever making physical
- 1:59Speaker 1: contact with his accuser. DNA evidence taken from the victim
- 2:03Speaker 1: confirmed she had been with two different sexual partners the
- 2:06Speaker 1: evening of the incident, but the forensic evidence could not
- 2:09Speaker 1: be matched to Crosby or O'Brien. Closing arguments are set
- 2:14Speaker 1: for the day we're recording this and Crosby's fate will
- 2:17Speaker 1: be in the hands of a jury by the time
- 2:18Speaker 1: you're listening. A lot to get into on this case.
- 2:22Speaker 1: First of all, is this one of those cases where
- 2:24Speaker 1: the defendant may have needed to take the stand? One
- 2:28Speaker 1: of those rare instances where a contrary to popular belief
- 2:34Speaker 1: and what defense attorneys would normally counsel, is this one
- 2:37Speaker 1: of those cases where a defendant might need to take
- 2:39Speaker 1: the stand. I think it might be because it's one
- 2:43Speaker 1: of those cases where it really comes down to a
- 2:45Speaker 1: he said, she said, most literally, and if he's not
- 2:49Speaker 1: actually speaking for himself, jurors might make the, even though
- 2:54Speaker 1: it's wrong, conclusion that therefore he's got something to hive.
- 2:58Speaker 1: I don't care how many times you tell jurors that
- 3:00Speaker 1: a defendant doesn't have it, has the right not to
- 3:03Speaker 1: testify and can sit on their hands, doesn't have to testify,
- 3:06Speaker 1: doesn't have to present evidence. If in a case like this,
- 3:10Speaker 1: he does not take the stand, that might be a problem.
- 3:12Speaker 1: And it's one of those cases too, where he's not
- 3:15Speaker 1: claiming self defense. He's not claiming I did something, but
- 3:19Speaker 1: not what I'm accused of. He's saying this never happened,
- 3:22Speaker 1: and that might be the easiest position to defend. There's
- 3:25Speaker 1: not a lot of detail and simply saying this never happened.
- 3:29Speaker 1: What I'm accused of, I did not do, and so
- 3:32Speaker 1: therefore it might not be the type of case where
- 3:34Speaker 1: you're worried all that much about cross examination. I think
- 3:38Speaker 1: it was a case where he needed to testify and
- 3:39Speaker 1: it just might be the difference maker in this case.
- 3:43Speaker 1: Then there's the issue with all of the parties being
- 3:45Speaker 1: heavily intoxicated, even according to their own admission. How does
- 3:50Speaker 1: that complicate things? Well, first of all, as far as
- 3:53Speaker 1: consent goes, it should not change the idea of consent.
- 3:57Speaker 1: If you cannot give consent because you either don't want
- 4:00Speaker 1: to do something, which she's clearly claiming here, or even
- 4:04Speaker 1: you're too intoxicated to give consent, that should be the
- 4:07Speaker 1: end of the story. But it really isn't when it
- 4:09Speaker 1: comes to jurors. But did prosecutors do enough this time
- 4:13Speaker 1: around to gain a conviction. Well, I'll say this, they
- 4:19Speaker 1: put on a strong case. They presented the evidence that
- 4:22Speaker 1: they had. The unfortunate part for prosecutors is the evidence
- 4:26Speaker 1: that they had. They can't change that, and part of
- 4:29Speaker 1: that evidence is the DNA evidence. In this case that
- 4:33Speaker 1: came back to two unknown males, that there's an argument
- 4:38Speaker 1: to be made that she had sexual encounters with two
- 4:40Speaker 1: unknown males close in time to when she says she
- 4:44Speaker 1: was sexually assaulted. Now does that corroborate her story that
- 4:48Speaker 1: she had a consensual encounter with one roommate but then
- 4:51Speaker 1: had a non consensual encounter with Crosby. Sure it does.
- 4:55Speaker 1: But the problem is is they cannot identify with the
- 4:58Speaker 1: DNA who it belongs to to and if it's even
- 5:01Speaker 1: either of the men. And there's where arguments and reasonable
- 5:05Speaker 1: doubt can start to creep in. If a defense attorney
- 5:08Speaker 1: can say, listen, they've got the evidence, the evidence doesn't
- 5:13Speaker 1: point to our client. That can be a problem. That
- 5:16Speaker 1: can be an argument, That can be something that can
- 5:18Speaker 1: have a jury questioning themselves. It would be one thing
- 5:22Speaker 1: if it came back to the defendant. Then you've got
- 5:27Speaker 1: a solid case for the prosecution. And then you've got
- 5:30Speaker 1: the defense just arguing, well, yes it took place, but
- 5:35Speaker 1: it was all done consensually. Here he's able to say
- 5:39Speaker 1: I never even touched that woman. I never even touched
- 5:42Speaker 1: that woman, And they don't even have the evidence to
- 5:44Speaker 1: say that I did, and I think that might be
- 5:46Speaker 1: the difference maker for the defense. It might be why
- 5:49Speaker 1: we might be looking at another hung jury in this case.
- 5:53Speaker 1: That's my prediction. By the time this comes out, I'll
- 5:55Speaker 1: probably be proven wrong, but that is at least where
- 5:59Speaker 1: I feel the evidence is going in this case. It's
- 6:01Speaker 1: just a difficult case based upon the evidence itself.
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- 7:56Speaker 1: But let's leave it there for me now and move
- 7:58Speaker 1: to Manchester, New hand Sure, where a father is claiming
- 8:02Speaker 1: he acted in self defense while facing charges for an
- 8:05Speaker 1: allegedly murdering the mother of his children. Marine Vett Dustin
- 8:10Speaker 1: Duran has been charged with second degree murder, reckless conduct
- 8:14Speaker 1: with the deadly weapon, and a child engagement in the
- 8:17Speaker 1: death of Caitlin Nafsinger. Police issued a Amber alert for
- 8:22Speaker 1: the couple's two children after Nafsinger was found shot to
- 8:26Speaker 1: death and later located Duran with the two girls unharmed. Allegedly,
- 8:32Speaker 1: authorities were tipped to Nofsinger's death by Duran's parents after
- 8:36Speaker 1: the man made a troubling confession about Nafsinger's murder, saying
- 8:40Speaker 1: he was quote going dark. Now, Duran's defense is claiming
- 8:44Speaker 1: that the man shot naf Singer as the mother was
- 8:47Speaker 1: trying to kidnap the couple's children. Allegedly, Napsinger had threatened
- 8:52Speaker 1: to take the children in the middle of the night,
- 8:54Speaker 1: and Duran, who suffered from PTSD, saw his daughter being
- 8:58Speaker 1: held hostage and thought who is in danger? A jury
- 9:01Speaker 1: interprets all of this remains to be seen, but we
- 9:04Speaker 1: will continue to follow this one closely. This is an
- 9:09Speaker 1: interesting case when it comes to the question of self defense.
- 9:13Speaker 1: We talked about self defense many many times before, and
- 9:15Speaker 1: self defense always comes down to the issue of reasonableness.
- 9:20Speaker 1: Was it reasonable for the defendant to perceive a threat.
- 9:24Speaker 1: Was it reasonable for the defendant to interpret that threat
- 9:27Speaker 1: threat to be life threatened to either himself or to
- 9:30Speaker 1: someone else. Was it reasonable for him to respond with
- 9:36Speaker 1: the use of deadly force to that threat again, that
- 9:40Speaker 1: concept of reasonableness comes back again and again and again.
- 9:44Speaker 1: This case adds an interesting element to it because jurors are,
- 9:51Speaker 1: in the case of self defense cases, supposed to some extent,
- 9:55Speaker 1: place themselves in the minds of the defendant. Would the
- 10:00Speaker 1: defendant perceive the threat to be a threat to life
- 10:05Speaker 1: under the circumstances placed in the position of the defendant. Well,
- 10:09Speaker 1: part of placing yourself in the position of the defendant
- 10:12Speaker 1: in this case has to do with his mental state,
- 10:16Speaker 1: the idea that he was suffering from PTSD, and the
- 10:19Speaker 1: idea that he may have perceived this actions on the
- 10:25Speaker 1: part of the mother differently than others might have. Because
- 10:28Speaker 1: if we take out the PTSD, if we take out
- 10:31Speaker 1: his mental state has perhaps heightened sensitivity to that situation,
- 10:37Speaker 1: then I think there's very little argument here for self
- 10:39Speaker 1: defense because where is the argument that she was placing
- 10:44Speaker 1: the children's lives in danger. You could say that he
- 10:46Speaker 1: was upset, You could say that he was felt that
- 10:49Speaker 1: they were going to be taken from him, that he
- 10:53Speaker 1: wanted to do something about that, that the children were
- 10:56Speaker 1: going to be you know, quote unquote kidnapped by the mother,
- 11:00Speaker 1: That it was a tense situation, But where's the threat
- 11:04Speaker 1: to anyone's life? There's where the problem lies. He can
- 11:09Speaker 1: say that he wanted to do something to stop it,
- 11:11Speaker 1: but using deadly force to stop it is where we
- 11:14Speaker 1: lose the idea of reasonableness, where his actions become unreasonable
- 11:19Speaker 1: and therefore self defense wouldn't apply. But now, when you
- 11:23Speaker 1: go back and add in that element of the PTSD
- 11:27Speaker 1: of his exceptionally heightened sensitivity to this situation, is there
- 11:34Speaker 1: an argument to be made that perhaps he did perceive
- 11:37Speaker 1: that differently and therefore it was reasonable to him under
- 11:41Speaker 1: the circumstances. I still think you run into a problem
- 11:44Speaker 1: as far as his response, though. Was it reasonable, even
- 11:47Speaker 1: given what he felt was going on, for him to
- 11:50Speaker 1: respond in the way that he did. Perhaps it might
- 11:53Speaker 1: be one of those situations where we're talking about imperfect
- 11:56Speaker 1: self defense, where there was an honest yet unreach reasonable
- 12:00Speaker 1: perception of the threat and an honest yet unreasonable response
- 12:04Speaker 1: to the threat is where we might end up here.
- 12:07Speaker 1: But that could be a difference maker. It could be
- 12:09Speaker 1: the difference between murder and manslaughter in this case. We'll
- 12:12Speaker 1: see how this all turns out, but it is interesting
- 12:15Speaker 1: to see how the particularities of a defendant can affect
- 12:21Speaker 1: a self defense case. Again, that trial is ongoing and
- 12:26Speaker 1: we will continue to keep our eyes on it for you.
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- 13:59Speaker 1: It's finally moved to Tampa, Florida, where a woman in
- 14:03Speaker 1: a rapper's murder is facing trial for her alleged part
- 14:06Speaker 1: in the killing. Alicia Andrews is the first suspect to
- 14:09Speaker 1: face a jury in the murder of rapper Julio Fulio,
- 14:13Speaker 1: who is gunned down at a Holiday Inn parking lot
- 14:16Speaker 1: as part of an alleged gang war. Andrews is one
- 14:19Speaker 1: of five suspects in the case, though prosecutors note she
- 14:22Speaker 1: does not affiliate with any gang. They say that her
- 14:25Speaker 1: boyfriend and his associates were all connected to the feuding factions.
- 14:30Speaker 1: Andrews allegedly drove from Jacksonville to Tampa with her boyfriend
- 14:34Speaker 1: and associates, where they tracked down the victim and eventually
- 14:37Speaker 1: shot him. Prosecutors say that Andrews acted as a quote
- 14:41Speaker 1: unquote spotter, providing real time updates as the victims whereabouts
- 14:45Speaker 1: before he was gunned down out of trial. Andrew's defense
- 14:49Speaker 1: wanted to introduce evidence of domestic violence, claiming she was
- 14:52Speaker 1: coerced into her role. However, a judge ruled she was
- 14:56Speaker 1: ineligible ineligible to use duress as a def defense after
- 15:01Speaker 1: opening statements. It appears that Andrews defense is going to
- 15:04Speaker 1: contend that the woman was not a willing participant, simply
- 15:07Speaker 1: a woman trying to reconnect with their boyfriend who ended
- 15:10Speaker 1: up in the wrong place at the wrong time. This
- 15:13Speaker 1: case is ongoing and we will continue to keep you
- 15:15Speaker 1: updated as it progresses. This case presents a really interesting
- 15:22Speaker 1: concept that we don't get all that much opportunity to
- 15:26Speaker 1: talk about here, and it's a i think an underutilized
- 15:32Speaker 1: area of criminal defense, and that is the concept of
- 15:35Speaker 1: duress as a defense. Duress has to do with the
- 15:39Speaker 1: idea that a person acted without reasonable alternatives. In other words,
- 15:48Speaker 1: they were compelled to do something because they had no
- 15:54Speaker 1: according to them, no reasonable alternative, but to do that
- 15:57Speaker 1: thing that they didn't otherwise want to do. It goes
- 16:00Speaker 1: to that idea of wilfulness. Many crimes, especially general intent crimes,
- 16:06Speaker 1: talked about the idea that the defendant acted wilfully, or
- 16:10Speaker 1: we're talking about a specific intent case, we're talking about
- 16:12Speaker 1: that the defendant did something with a named type of intent.
- 16:18Speaker 1: When you're talking about premeditated murder, you're saying that the
- 16:21Speaker 1: person committed an act with the intent to murder. It's
- 16:25Speaker 1: that specific intent, the specific intent to murder someone. An
- 16:31Speaker 1: arson case, they lay lit a fire with the specific
- 16:35Speaker 1: intent of burning that building down. General intent crimes just
- 16:41Speaker 1: require that the person acted wilfully. You might see this
- 16:44Speaker 1: in a battery case where a person you can say
- 16:47Speaker 1: that a person touched another person wilfully without that person's consent. Well,
- 16:53Speaker 1: wilfully just means that you did it of your own volition,
- 16:57Speaker 1: not with any kind of specific intent, not with the
- 17:00Speaker 1: intend to hurt that person, not with the intent to
- 17:02Speaker 1: offend or harm that person, but just you did that
- 17:05Speaker 1: act wilfully. Dress goes towards that concept wilfully. What does
- 17:10Speaker 1: it mean to be doing something wilfully if you're doing
- 17:13Speaker 1: it against your own will? In other words, are you
- 17:16Speaker 1: being compelled to do it, forced to do it by
- 17:19Speaker 1: someone else because you don't feel that there's a reasonable
- 17:21Speaker 1: alternative to refuse to do that? Thing. Now. The judge
- 17:27Speaker 1: didn't allow for that argument in this case, which I
- 17:29Speaker 1: found to be interesting because if there is evidence of
- 17:32Speaker 1: domestic violence taking place between the defendant and her boyfriend,
- 17:37Speaker 1: who was, according to the prosecution, a gang member, a
- 17:40Speaker 1: person involved in this coordinated murder, and she felt that
- 17:45Speaker 1: she didn't have a reasonable alternative to refuse him based
- 17:49Speaker 1: on that prior domestic violence, it seemed to me it
- 17:53Speaker 1: would be an absolute opportunity for her to say I
- 17:57Speaker 1: was under dress. Now, maybe what's happening here is that
- 18:01Speaker 1: the judge took a look at the actual facts and
- 18:03Speaker 1: circumstances of the case and realize that that argument would
- 18:07Speaker 1: be a stretch. Just because an argument can be made
- 18:10Speaker 1: doesn't mean an argument should be allowed. And I think
- 18:12Speaker 1: that's what may have happened here is the judge took
- 18:14Speaker 1: a look at that circumstances, took a look at her cooperation,
- 18:17Speaker 1: took a look at how she took steps beyond even
- 18:20Speaker 1: what she was being asked to do to help coordinate
- 18:22Speaker 1: this murder, and said, no, dice duress doesn't apply here.
- 18:27Speaker 1: It's interesting. It could be a game changer in this
- 18:30Speaker 1: case because if she had been allowed to make that argument,
- 18:33Speaker 1: she may have had a reasonable opportunity to raise some
- 18:37Speaker 1: reasonable doubt with some of these jurors, But it is
- 18:40Speaker 1: a conspiracy case, and it always gives us an opportunity
- 18:43Speaker 1: to talk about what that involves. Conspiracy, at its most
- 18:47Speaker 1: simple terms, is the idea that you have more than
- 18:51Speaker 1: one person coming to some sort of agreement and that
- 18:56Speaker 1: someone takes a step in furtherance of that. And if
- 18:59Speaker 1: you've got group of a dozen people and they all
- 19:04Speaker 1: in some way have an agreement, not even at the
- 19:07Speaker 1: same time, not even in the same group, but they
- 19:09Speaker 1: were all operating under a similar understanding, and one of
- 19:15Speaker 1: those people is taking some sort of steps in furtherance
- 19:20Speaker 1: of that conspiracy. It is such a powerful concept because
- 19:24Speaker 1: it allows the prosecution to bring in the entire dozen
- 19:27Speaker 1: of people as long as they can prove that they
- 19:30Speaker 1: understood what was happening, they were part of that agreement,
- 19:33Speaker 1: and that someone took a step in furtherance of it.
- 19:35Speaker 1: In other words, you could have people who did nothing
- 19:38Speaker 1: themselves who are still wrapped up as part of a conspiracy. Now,
- 19:43Speaker 1: in this case, their prosecution is going to point towards
- 19:46Speaker 1: the idea that she was acting as a spotter. So
- 19:49Speaker 1: even though she's not the one who pulled the trigger,
- 19:51Speaker 1: even though she may not have been the getaway driver,
- 19:53Speaker 1: even though she may not have been part of the gang,
- 19:55Speaker 1: even though she may not have been the one to
- 19:58Speaker 1: lure him there at as the spotter was enough with
- 20:01Speaker 1: the understanding that she knew what was going to take place.
- 20:05Speaker 1: She was part of that conspiracy, and therefore she's as
- 20:07Speaker 1: guilty as anybody else is for the murder that took place.
- 20:11Speaker 1: In that case, we will see how this all turns out.
- 20:13Speaker 1: It's an interesting case for many a number of different
- 20:16Speaker 1: reasons and different legal concepts that we've talked about today,
- 20:19Speaker 1: and we will continue to keep you updated on it.
- 20:22Speaker 1: But that is our quick show for this week. We'd
- 20:26Speaker 1: like to think give a special thing to our listeners
- 20:29Speaker 1: and viewers for tuning in. I, as always am your host,
- 20:32Speaker 1: josh Ritter. You can find me on Instagram and Twitter
- 20:34Speaker 1: at Joshua Ritter EESQ, and if you want to hear
- 20:37Speaker 1: my thoughts and coverage on even more true crime cases,
- 20:40Speaker 1: you can also check out my new YouTube channel, Courtroom Confidential,
- 20:45Speaker 1: and you can of course find all of our sideby
- 20:47Speaker 1: our episodes wherever you get your podcasts, and we would
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