Latest / Juicy Scoop with Heather McDonald / Juicy Crimes with Matt Murphy on Menendez Brothers, Marijuana, Murders, and Serial Killers
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- 0:00Speaker 1: From morning swims in Sandy Cove to coffee in Ranelagh
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- 0:28Speaker 2: Heather MacDonald has got the Juicy Scoop. When you're on
- 0:35Speaker 2: the road, when you're on the go, Juicy Scoop is
- 0:39Speaker 2: the show to know. She talks Hollywood tales for real life.
- 0:42Speaker 3: Mr.
- 0:43Speaker 4: Saving Serial Data and Serial Sisters.
- 0:46Speaker 2: You'll be addicted and addicted fast to the number one
- 0:49Speaker 2: tabloid real life podcast. Listen in, listen up. Woo, woo.
- 0:54Speaker 2: Heather MacDonald. Juicy Scoop. Hello and welcome to Juicy Scoop. Well,
- 1:01Speaker 2: you guys, I'm so excited. I'm getting ready to come
- 1:03Speaker 2: to the East Coast and I'm bringing Juicy Scoop, the
- 1:07Speaker 2: hilarious comedians that have come on the show before, Andrea
- 1:11Speaker 2: Lopez and Anna Roisman. You know them, you love them.
- 1:15Speaker 2: They're gonna be featuring with me. We're gonna be doing
- 1:18Speaker 2: some funny sketches, some improv, some standup, all of it.
- 1:22Speaker 2: And that is February 14th at the Palladium in New York.
- 1:25Speaker 2: Then we go to DC on the 15th. and on
- 1:28Speaker 2: the 16th, Red Bank, New Jersey. Everything is at heathermcdonald.net. Now,
- 1:34Speaker 2: before we get into my really juicy interview with everyone's
- 1:37Speaker 2: favorite prosecutor, Matt Murphy, you're going to die. We get
- 1:40Speaker 2: into a lot of it. But first, I just want
- 1:43Speaker 2: to give a little update on the Blake versus Justin
- 1:48Speaker 2: legal battle. You know, The last two times I've talked
- 1:53Speaker 2: about it, I've gotten a lot of comments like, Heather,
- 1:55Speaker 2: I can't believe that you are at all siding with Blake.
- 2:00Speaker 2: Like Justin has been in your position where people have
- 2:05Speaker 2: said lies about you and you want to prove that
- 2:07Speaker 2: these are not true. And I have done more research
- 2:11Speaker 2: on it. Look, it's a lot of pages. It's a
- 2:13Speaker 2: lot of things. And I will say that more and
- 2:16Speaker 2: more is coming out. I see why the majority of
- 2:20Speaker 2: people are team Justin Baldoni. I really do. And it
- 2:24Speaker 2: is very interesting. And now, originally, I thought maybe this
- 2:28Speaker 2: is why he's doing this $ 400 million lawsuit is just
- 2:32Speaker 2: to get this lawsuit out in the public so that
- 2:36Speaker 2: people can read it all and see all of his
- 2:39Speaker 2: text messages. And he's got all these uncut scenes and
- 2:44Speaker 2: videos because it's his production company that was in charge
- 2:49Speaker 2: of this film to prove his point that he was
- 2:53Speaker 2: not ever acting inappropriately to Blake Lively and all of this.
- 2:58Speaker 2: There are so many details to it. So he recently,
- 3:02Speaker 2: his people put out a video from the movie, which
- 3:05Speaker 2: they were shooting for a montage. So it was going
- 3:09Speaker 2: to be just parts of music so they could talk.
- 3:12Speaker 2: And but they had to be like romantic and act
- 3:14Speaker 2: like they're dancing. And they're having this conversation and they're
- 3:20Speaker 2: trying to like act like they're about to kiss. And
- 3:22Speaker 2: she goes, oh, my God, this is so many noses.
- 3:26Speaker 2: And he's like, oh, I have a big nose. And
- 3:27Speaker 2: she's like, yeah. And, you know, I want to talk
- 3:30Speaker 2: to you about that. And they're kind of joking. And
- 3:33Speaker 2: she's like, you know, you could take a day off
- 3:35Speaker 2: or we could do an insurance months or something, meaning
- 3:38Speaker 2: like stop production and get you a nose job. And
- 3:42Speaker 2: then he goes, oh, yeah, that's why we hired Jenny Slate,
- 3:45Speaker 2: because they play brother and sister. And so that I
- 3:49Speaker 2: kind of thought was like a dig to her. But,
- 3:53Speaker 2: you know, whatever. But also then people did some research,
- 3:59Speaker 2: and Blake Lively indisputably has had a nose job, which
- 4:03Speaker 2: maybe that's why she was like talking about it. Maybe
- 4:05Speaker 2: she would have confessed to him. Maybe he already knew.
- 4:08Speaker 2: If you look at her first movies– She has a
- 4:11Speaker 2: very different nose than she has now. Just a little interesting.
- 4:14Speaker 2: But in this, he was like, look, clearly we had
- 4:19Speaker 2: an easy relationship. She's comfortable with me. I'm supposed to
- 4:23Speaker 2: be acting romantic with her for this montage scene. So
- 4:27Speaker 2: he's sniffing her neck and she's like, oh, sorry, that's
- 4:31Speaker 2: my spray tan. It must smell. He's like, no, it
- 4:33Speaker 2: smells good. So he puts that out and then her
- 4:37Speaker 2: team are like, good, I'm glad you put it out.
- 4:39Speaker 2: Now you can see how inappropriate it was and how
- 4:42Speaker 2: uncomfortable I was. And I was saying these weird jokes
- 4:44Speaker 2: because I was so uncomfortable with you. I don't think
- 4:48Speaker 2: the audience is buying it. I think this is a
- 4:51Speaker 2: real fine line because it's a movie and because you
- 4:55Speaker 2: are playing a romantic couple. So it is very, very strange.
- 5:00Speaker 2: And now he has set up a Web site. so
- 5:03Speaker 2: that everybody can go to this website and see for
- 5:07Speaker 2: themselves all this evidence. Blake Lively's team has asked a
- 5:12Speaker 2: judge to stop this, and his attorney doing interviews and everything.
- 5:20Speaker 2: There is a consensus of, was she secretly in love
- 5:24Speaker 2: with Justin, flirting with him, and once he officially rejected her,
- 5:28Speaker 2: then she went on this campaign to you know, destroy
- 5:34Speaker 2: his life? Did Ryan Reynolds maybe see these long texts
- 5:38Speaker 2: that now we are privy to and think that it
- 5:40Speaker 2: was inappropriate or flirty on her end and therefore he
- 5:44Speaker 2: also went after Justin? It's weird because the movie, we
- 5:49Speaker 2: knew they weren't getting along. The movie was a success.
- 5:53Speaker 2: We kind of forgot about it. We forgot that they
- 5:56Speaker 2: didn't– when I saw this like a month and a
- 5:58Speaker 2: half ago before the lawsuits, I wasn't thinking, oh, that's right.
- 6:01Speaker 2: The two of them didn't really like each other when
- 6:03Speaker 2: they were at the premiere. I had totally forgotten about it.
- 6:06Speaker 2: She came forward with all these complaints to say, you
- 6:09Speaker 2: have destroyed my reputation. I didn't think her reputation was
- 6:13Speaker 2: at all destroyed, but was it a little tarnished? Did
- 6:15Speaker 2: we think she was a little bit? She's sure, but
- 6:17Speaker 2: not to the point that no one wanted to work
- 6:18Speaker 2: with her. But because she did that, then he– then
- 6:23Speaker 2: he had– To go after her. Otherwise, he was staying
- 6:26Speaker 2: silent about it. So what do we think is going
- 6:29Speaker 2: to come of it? There are predictions from he will
- 6:33Speaker 2: get a settlement that we will never know because she
- 6:36Speaker 2: won't want to go to trial with this because it
- 6:38Speaker 2: appears he has so much evidence in his favor to
- 6:41Speaker 2: say that her, you know, her complaints were invalid. And or,
- 6:47Speaker 2: you know, will they end up getting will she and
- 6:49Speaker 2: Ryan end up breaking up over this? Like what is
- 6:52Speaker 2: going to happen? My prediction, or will it go to
- 6:56Speaker 2: trial like Johnny Depp and Amber Heard? I don't know.
- 7:01Speaker 2: I'm going to say it does get settled and he
- 7:07Speaker 2: ends up prevailing and he ends up getting a lot
- 7:10Speaker 2: of work because of it. And she goes away for
- 7:14Speaker 2: a little bit. We just don't really hear from her
- 7:16Speaker 2: in a while. And then she comes out and does
- 7:19Speaker 2: something really good in about like two or three years,
- 7:23Speaker 2: like a series or something. And this is all forgotten.
- 7:26Speaker 2: People forget about it. And as long as whatever new
- 7:30Speaker 2: project she does, she brings cookies and it is a
- 7:33Speaker 2: delight and looks everyone in the eye. And Ryan Reynolds
- 7:36Speaker 2: is nowhere to be seen on the set, providing they're
- 7:40Speaker 2: still together. Then I think everyone could be fine. So
- 7:42Speaker 2: that is my prediction settlement. And Ryan continues to have
- 7:46Speaker 2: a successful career. She goes away for a little bit,
- 7:48Speaker 2: comes back, continues to have a successful career. But where
- 7:53Speaker 2: their relationship is as Ryan and Blake, I don't know.
- 7:57Speaker 2: But Ryan will continue with Deadpool and continue to be
- 8:01Speaker 2: successful because he's a dude and nobody cares. Girls are
- 8:04Speaker 2: much harder on Blake, for sure, and judging her behavior
- 8:08Speaker 2: than anything Ryan could do. Also, Real Housewives of New York. Wow.
- 8:14Speaker 2: I know I haven't talked much about it. I've said
- 8:15Speaker 2: it's boring. The finale was very upsetting and weird. Juicy,
- 8:22Speaker 2: like I leaned forward, I watched it. It involves Brynn
- 8:27Speaker 2: straight up possibly lying about a situation with Uba. And
- 8:34Speaker 2: I'm going to get into it because I have a
- 8:36Speaker 2: lot of theories and some personal things that I know
- 8:39Speaker 2: about the players involved. But I noticed that even though
- 8:44Speaker 2: I thought it was a really juicy episode, again, nobody
- 8:47Speaker 2: was really talking about it because I think that you
- 8:49Speaker 2: guys have lost interest in it. But I will share
- 8:53Speaker 2: that and so much more on my Patreon. You guys
- 8:56Speaker 2: have to join my Patreon if you have not already.
- 8:59Speaker 2: I've been doing it for eight years. You get access
- 9:01Speaker 2: to all the past episodes. They We get into so
- 9:07Speaker 2: much juicy stuff with Matt Murphy that we go long,
- 9:10Speaker 2: and I saved the more controversial, juicy conspiracy theories, things
- 9:15Speaker 2: like that, for a special episode of Juicy Crimes, which
- 9:20Speaker 2: is on that tier of Patreon. Also, you'll be getting
- 9:23Speaker 2: that this weekend. All of that and the tickets to
- 9:26Speaker 2: my shows, as well as March 1st at Agua Caliente
- 9:30Speaker 2: in Palm Springs, are at heathermcdonald.net. Okay, now for my interview.
- 9:35Speaker 2: Hello and welcome to Juicy Scoop. I have returned author,
- 9:39Speaker 2: former prosecutor, everyone's favorite surfer, Matt Murphy. Welcome back to
- 9:44Speaker 2: Juicy Scoop.
- 9:45Speaker 5: Thank you. Me and Kelly Slater, we're colleagues.
- 9:49Speaker 2: Are you guys, do you know him?
- 9:50Speaker 5: No, I got paid to do, I got a Hulu
- 9:54Speaker 5: thing coming out on a three-parter and they wanted to
- 9:56Speaker 5: do some B-roll with me surfing.
- 9:57Speaker 2: Okay.
- 9:58Speaker 5: Which was the worst thing. day of surfing in the
- 10:01Speaker 5: history of Manhattan Beach. It was like two feet, even smaller.
- 10:04Speaker 5: Just like embarrassing. Tiny, tiny little waves.
- 10:05Speaker 2: Super gray.
- 10:06Speaker 5: Super gray. Like nothing that I could possibly do, but
- 10:10Speaker 5: technically I got paid for it, which makes me a
- 10:12Speaker 5: pro surfer, which means Kelly Slater is my colleague.
- 10:14Speaker 2: Are they going to use it in the Hulu thing? Yeah,
- 10:15Speaker 2: they're going to use it. And what is the Hulu
- 10:17Speaker 2: thing on?
- 10:18Speaker 5: So the Hulu thing is on my Nayiri case, my
- 10:20Speaker 5: last trial as a DA that we were going to
- 10:23Speaker 5: go into.
- 10:23Speaker 2: Okay, we're going to get into this. Your book is out.
- 10:26Speaker 2: Juicy Scoopers have loved it. And I wanted to ask you,
- 10:31Speaker 2: the first thing you said when you got here, I
- 10:33Speaker 2: was like, ooh, has anybody wanted to make this a
- 10:37Speaker 2: series or a movie about your life in general? Because
- 10:39Speaker 2: the book covers juicy murders, but also your life as
- 10:42Speaker 2: a prosecutor in Newport Beach.
- 10:45Speaker 5: So right when I left the DA's office, and this
- 10:49Speaker 5: is really kind of fun, Jerry Bruckheimer bought my life rights.
- 10:53Speaker 5: And that was a really interesting ride for me. So
- 10:57Speaker 5: I go from 26 years as a government public servant
- 11:01Speaker 5: doing all these interesting cases, And they really liked the
- 11:05Speaker 5: idea of, like, a surfing prosecutor.
- 11:08Speaker 2: So for, like, a series.
- 11:09Speaker 5: For a series, yeah. For, like, a scripted series. They
- 11:11Speaker 5: loved the base. They hired these two great writers who
- 11:14Speaker 5: I really liked. They write for the show Bull. And
- 11:18Speaker 5: we completely, we hit it off. But this is, COVID
- 11:22Speaker 5: is just kind of starting to set in.
- 11:24Speaker 3: Yeah.
- 11:24Speaker 5: It was a weird time. Yeah. And then we wound up...
- 11:27Speaker 5: they put together this idea, and it was like sort
- 11:32Speaker 5: of an ensemble, like who's your investigator.
- 11:35Speaker 2: Who's your pro-legal. Yeah, I can totally see it.
- 11:37Speaker 5: You're going to murder scenes, and essentially it was all
- 11:40Speaker 5: loosely based on real life.
- 11:41Speaker 2: I can totally see it. It's like your character holding
- 11:44Speaker 2: the surfboard, and then you're like, what's my investigator doing here?
- 11:48Speaker 2: And he's like, It's, you know, here's a coffee. Well,
- 11:51Speaker 2: let me tell you what I got. Like, I could
- 11:53Speaker 2: totally see it.
- 11:55Speaker 5: Which the funny thing is, you can see it on TV,
- 11:57Speaker 5: and that's the way it really kind of was. And
- 12:01Speaker 5: that's the thing about working for a vertical homicide unit
- 12:03Speaker 5: for all those years, because they let you stay. I
- 12:05Speaker 5: was in homicide for 17 years. And I had Newport,
- 12:08Speaker 5: Costa Mesa, as you know, Laguna Beach, and Irvine. So
- 12:11Speaker 5: every one of those murders, I was at Costa Mesa
- 12:13Speaker 5: yesterday doing some admin work.
- 12:15Speaker 2: Well, I still think this has got to happen. Because
- 12:19Speaker 2: the made-up cases could be so fun if we stick
- 12:24Speaker 2: to that area, which is true to you and now
- 12:28Speaker 2: America is much more familiar with because of TV and
- 12:31Speaker 2: Real Housewives of OC and all of that. Yeah. Oh,
- 12:36Speaker 2: I think this, okay, we got to make it happen.
- 12:38Speaker 2: So this deal is dead now. We need to find
- 12:39Speaker 2: a new buyer to sell your TV show.
- 12:42Speaker 5: Yeah, so the book came out in September. And I've got,
- 12:45Speaker 5: my agent's a guy named Mark McGrath at CAA. And
- 12:48Speaker 5: he is a rock star. I love him. And so
- 12:50Speaker 5: he's got, he's one of the, he's constantly thinking, he's
- 12:53Speaker 5: constantly got ideas. So this is like next phase.
- 12:56Speaker 2: Well, this episode of Juicy Scoop is what's going to
- 12:58Speaker 2: seal your deal. I make careers happen.
- 13:01Speaker 5: Which is very nice of you.
- 13:01Speaker 2: I'll tell you what the show idea is going to be.
- 13:04Speaker 2: And there could be some humor in it. You know,
- 13:07Speaker 2: a real housewife could make, you know, there could be
- 13:09Speaker 2: some crime. And actually one real housewife is like a
- 13:12Speaker 2: witness or something. She's an ex-wife of somebody. And she's like,
- 13:16Speaker 2: I don't want this. And then you're like, wait, there's
- 13:19Speaker 2: a look at this episode of Watch What Happens Live
- 13:21Speaker 2: with Andy Cohen. Wait, go back. Go back. What did
- 13:25Speaker 2: she say right there? And like, oh. Done! My God,
- 13:29Speaker 2: why is this not already happening?
- 13:31Speaker 5: I'm all for you being a soothsayer, especially since I've
- 13:33Speaker 5: been cheating on you with Megyn Kelly.
- 13:35Speaker 2: Right. Let's get into the real issues here. Yes, I
- 13:39Speaker 2: saw you on Megyn Kelly. You know what? I just,
- 13:43Speaker 2: it's fine.
- 13:45Speaker 5: You know, there are people we could see, you know?
- 13:48Speaker 5: They could talk to us, you know? I think we
- 13:51Speaker 5: could make great progress with a professional.
- 13:54Speaker 2: But you did say this is more your favorite. You
- 13:56Speaker 2: do enjoy me more than my blonde counterpart.
- 13:59Speaker 5: This is absolutely my favorite. Here's the thing with Megyn Kelly.
- 14:03Speaker 5: And I also, Sunny Haasen had me on as well.
- 14:06Speaker 5: And in the Venn diagram of those two women politically
- 14:10Speaker 5: in the world, I may be the one point of
- 14:12Speaker 5: agreement because I actually get along great with both of them.
- 14:15Speaker 5: Of course.
- 14:15Speaker 2: Why wouldn't you?
- 14:17Speaker 5: But Megyn Kelly is such, she's like, she's such a
- 14:22Speaker 5: pro when you, when you sit down with her, that it's,
- 14:24Speaker 5: to me, it's almost weirdly intimidating because she's got like,
- 14:28Speaker 5: every clip is lined up perfectly, you know, like she's,
- 14:31Speaker 5: and she's just, and, and they don't, she doesn't tell you,
- 14:35Speaker 5: you know, ahead of time. And so I wind up
- 14:36Speaker 5: with like, she's like, she, she pulled ancient clips of
- 14:40Speaker 5: me in court doing a cross examination. She's like, I'm
- 14:44Speaker 5: telling her a story and she's like, Oh yeah, we
- 14:45Speaker 5: got that.
- 14:46Speaker 2: Here it is.
- 14:46Speaker 3: Boom.
- 14:47Speaker 5: And all of a sudden I'm watching myself and it's,
- 14:49Speaker 5: But yeah, she is. It's funny. We live in an
- 14:52Speaker 5: interesting time, though, because she she helped me talk about
- 14:55Speaker 5: the book, you know, and she's a true crime fan
- 14:58Speaker 5: to like just in general. And it is, you know,
- 15:03Speaker 5: you go on on Megyn Kelly show and I think
- 15:06Speaker 5: she's friggin awesome. And then and then I get Instagram
- 15:09Speaker 5: hate because I went on her show and then I
- 15:11Speaker 5: go on Sonny's Sonny show and I get like Instagram hate.
- 15:15Speaker 5: You know, like it's.
- 15:16Speaker 2: But you don't get any hate when you come online.
- 15:19Speaker 5: Very little.
- 15:19Speaker 2: Probably about certain opinions or something.
- 15:21Speaker 5: You know what I got in trouble was when we
- 15:23Speaker 5: were talking about the Karen Reid case.
- 15:26Speaker 2: People were freaks about the Karen Reid case. Like they,
- 15:29Speaker 2: you know what it is, is with certain legal cases,
- 15:32Speaker 2: which I do talk about, I'm talking a lot about
- 15:35Speaker 2: Blake and Justin, you know. And some of the people
- 15:40Speaker 2: that are really, really into it. It happened with Johnny
- 15:42Speaker 2: Depp and Amber Heard. And I'm like, let me remind
- 15:47Speaker 2: you people. And even though I am doing some juicy
- 15:49Speaker 2: crime stuff with you, I am not a lawyer. I
- 15:52Speaker 2: did not read 179 pages of the case. I was
- 15:55Speaker 2: not on the jury. But there are lay people that
- 15:59Speaker 2: really have put in 8 to 10 hours. And they're
- 16:03Speaker 2: watching other people that have put in 8 to 10 hours.
- 16:05Speaker 2: And then I do seven minutes on it. And I'm
- 16:08Speaker 2: doing a comedic commentary. I'm like, that's the show. It's
- 16:10Speaker 2: comedic commentary on pop culture and crimes and stuff. I
- 16:13Speaker 2: don't know it. I'm just saying this is out there
- 16:16Speaker 2: and this is what I find is interesting. Like, chill out.
- 16:18Speaker 2: But I love that it sparks any kind of. Emotion
- 16:23Speaker 2: for someone to write something good, bad, or whatever.
- 16:26Speaker 5: I told you Camille Vasquez. I told you she was
- 16:29Speaker 5: my old student, right?
- 16:30Speaker 2: Yeah. Who was the Johnny Depps?
- 16:33Speaker 5: She was the lawyer that cross-examined Amber Heard.
- 16:35Speaker 2: Well, a lot of people are comparing this Justin Blake
- 16:38Speaker 2: Lively stuff to that kind of a situation. And people
- 16:44Speaker 2: really already, before we even get to any kind of
- 16:46Speaker 2: trials or whatever with Justin, everyone has shifted to pro-Justin.
- 16:52Speaker 2: An anti, you know, anti-Blake, which I can understand why. However,
- 16:59Speaker 2: you know, we'll see. We'll see. I think it'll never
- 17:01Speaker 2: make it to trial. I think we're heading towards some
- 17:04Speaker 2: type of like quiet shut up, but we'll see what happens.
- 17:07Speaker 5: You know, I think we talked about this back in
- 17:10Speaker 5: the day about Johnny Depp. Like I kind of thought
- 17:12Speaker 5: when that first got filed, that was the best result
- 17:14Speaker 5: for everybody. If it's just, you know, without really understanding
- 17:17Speaker 5: it before I talked to Camille about it.
- 17:18Speaker 2: Yeah.
- 17:19Speaker 5: I thought like this should just quietly go away and
- 17:21Speaker 5: everybody kind of goes their own. But, you know, it
- 17:24Speaker 5: wound up being sensational. It wound up being a trial.
- 17:26Speaker 5: And I understand why he did it now. Like he wanted,
- 17:28Speaker 5: he was trying to restore his reputation after getting just mauled.
- 17:31Speaker 2: And that's what just, apparently that's what Justin is doing too.
- 17:34Speaker 2: And it's kind of like he got, I think both
- 17:36Speaker 2: of the men feel like they're in a place where
- 17:38Speaker 2: they're like, I've got nothing to lose.
- 17:40Speaker 5: Yeah.
- 17:41Speaker 2: I already lost it. And so it's like, no, let's go.
- 17:44Speaker 2: Let's go. And so.
- 17:46Speaker 4: Christmas shopping has already started in our house. My daughter
- 17:50Speaker 4: is so organised, already planning Christmas gifts from Macaulay. Hair
- 17:54Speaker 4: care for her aunt and a fab fragrance for her bestie.
- 17:57Speaker 2: But the apple doesn't fall far from the tree.
- 17:59Speaker 4: I'm an early bird, buying one present a week from
- 18:01Speaker 4: now till Christmas, which makes budgeting less stressful. I can
- 18:04Speaker 4: buy in-store or online from Macaulay.ie for home delivery or
- 18:08Speaker 4: free click and collect.
- 18:10Speaker 2: So easy.
- 18:11Speaker 4: Gifts they'll cherish at prices you'll love.
- 18:16Speaker 3: I'm Darman, and this is What Happens Next. Each week
- 18:19Speaker 3: on the show, I sit down with extraordinary people who
- 18:22Speaker 3: have faced tremendous setbacks, and yet somehow have found a
- 18:27Speaker 3: way to turn them into their greatest strengths.
- 18:29Speaker 1: Life is one long lesson of chaos.
- 18:32Speaker 5: I'm heading to the Emmys, and I have police complaints
- 18:35Speaker 5: filed against me.
- 18:36Speaker 1: When your free will was about to be taken from you,
- 18:38Speaker 1: what would you do if it was given back?
- 18:41Speaker 3: Where did that need come from, where you thought that
- 18:43Speaker 3: you had to succeed in order to feel loved?
- 18:46Speaker 5: He said, I have a work dad. I need a
- 18:47Speaker 5: home dad. What happens next?
- 18:49Speaker 2: When I came in, he started crying.
- 18:51Speaker 5: Everybody in life encounters hardships.
- 18:53Speaker 3: What defines them is not those hard moments that they
- 18:56Speaker 3: go through.
- 18:57Speaker 5: It's about what happens next.
- 18:59Speaker 2: I decided to risk it all.
- 19:00Speaker 5: I realized how valuable every day was. You're worth the work.
- 19:03Speaker 2: Listen, Dara, I'm not going to pull punches. You can
- 19:06Speaker 2: use your voice even if it shakes.
- 19:08Speaker 3: The stories are different, but the impact is the same.
- 19:11Speaker 3: Only one question matters. What happens next?
- 19:22Speaker 2: Well, let's get into real quickly, too. You know, we
- 19:26Speaker 2: talked about right when you got here, what are your
- 19:30Speaker 2: thoughts about the L.A.
- 19:32Speaker 3: Fires?
- 19:33Speaker 2: And this is where it gets a little juicy, a
- 19:34Speaker 2: little controversial. Might have to put this on Patreon. Tell
- 19:38Speaker 2: me what you think.
- 19:38Speaker 5: Well, first of all, I lived in the Palisades. When
- 19:41Speaker 5: I was in high school going to Loyola, I had
- 19:44Speaker 5: some problems with my dad. And he wound up kicking
- 19:46Speaker 5: me out for a while. And the family that took
- 19:48Speaker 5: me in was one of my friends at Loyola, still
- 19:51Speaker 5: one of my best friends, Greg Maffei. His parents are
- 19:53Speaker 5: now 90. They live in the Castlemore section of the Palisades,
- 19:56Speaker 5: and half their neighborhood burned down. I don't think.
- 19:59Speaker 2: I ever want to see. They're still alive and their
- 20:01Speaker 2: house is standing?
- 20:02Speaker 5: Their house is standing. How it is standing. It's probably
- 20:05Speaker 5: just good old fashioned, like asbestos, everything, you know, asbestos
- 20:08Speaker 5: bricks because their next door neighbor, the house behind them,
- 20:11Speaker 5: like literally all in a ring and their fences burned down. And,
- 20:16Speaker 5: but they're, they're 90 years old and that, and it
- 20:19Speaker 5: was traumatic for them.
- 20:20Speaker 2: Of course.
- 20:21Speaker 5: I never want to see another 90 year old man cry.
- 20:24Speaker 5: And it is, and we grew up here, right? everybody
- 20:28Speaker 5: in LA knows somebody that was fundamentally traumatized by this.
- 20:32Speaker 2: Oh yeah.
- 20:33Speaker 5: And look, and this is more than, this is not,
- 20:35Speaker 5: not getting political here, but when you hear that the
- 20:38Speaker 5: fire hydrants weren't frigging working and we had an empty
- 20:40Speaker 5: reservoir and everybody from the governor on down, it's just
- 20:43Speaker 5: trying to point fingers somewhere else. It is infuriating when
- 20:46Speaker 5: you see the actual, like, you know, um, like somebody
- 20:50Speaker 5: needs to step up and take some responsibility for that.
- 20:52Speaker 5: And we haven't seen it yet. And it is, when
- 20:55Speaker 5: you get into the nitty, like the actual human trauma
- 20:59Speaker 5: of that, that everybody in LA has experienced vicariously with
- 21:02Speaker 5: somebody like my buddy, I'm going to, I'm going to
- 21:06Speaker 5: Samoa on Saturday, like two days on a surf trip
- 21:08Speaker 5: with my buddy, Sean, who I've talked about before we
- 21:11Speaker 5: go on all the trips. He's in the book. Um,
- 21:13Speaker 5: you know, he lost his house, his mother's house and
- 21:16Speaker 5: his mother-in-law's house in those fires. And now he's obviously
- 21:19Speaker 5: not going on the trip. Like This was.
- 21:21Speaker 2: Do they have kids? Does he have kids?
- 21:22Speaker 5: Yeah, he's got kids. Everybody is... It's awful. And, like,
- 21:25Speaker 5: finding new schools. Right.
- 21:27Speaker 2: I mean, that's the thing with the kids. You know, like,
- 21:29Speaker 2: the finding new schools, the sports, all of that. You know,
- 21:32Speaker 2: I think I saw something recently when someone said, you know,
- 21:36Speaker 2: it's hard because you might know five people. And one
- 21:40Speaker 2: person really might be doing okay. They, you know, weren't
- 21:44Speaker 2: super sentimental about their house. They're grateful that they have
- 21:47Speaker 2: money or whatever. And then another person... It was all
- 21:52Speaker 2: about their house. And that was their sanctuary. That was
- 21:55Speaker 2: their memories. There was this. So it's like in speaking
- 21:58Speaker 2: to someone just like in death or whatever, you have
- 22:00Speaker 2: to be really kind of careful. And because one person
- 22:03Speaker 2: seems like they're OK, you know, and then it'll go
- 22:06Speaker 2: in waves. You know, so it's like a lot like
- 22:09Speaker 2: people need to be around and do stuff for people
- 22:13Speaker 2: six months from now. Maybe that's when they need the
- 22:15Speaker 2: fun to buy the furniture. You know what I mean? Like,
- 22:17Speaker 2: so we have to be there for the long haul for.
- 22:21Speaker 5: Yeah. Then you see the clips of the looters, you know,
- 22:23Speaker 5: and you see the clips of people trying to light
- 22:25Speaker 5: stuff on fire. Like all the I mean, there's like
- 22:28Speaker 5: there's consequences to the way L.A. has been run.
- 22:31Speaker 2: Right.
- 22:32Speaker 5: And we're seeing it, you know, in stark, you know.
- 22:37Speaker 5: high definition right now. It's, it's, and it, it's kind of, um,
- 22:41Speaker 5: it's maddening. And also like their house is there, but the,
- 22:44Speaker 5: like they can't go back to it. Their entire neighborhood's closed.
- 22:47Speaker 5: And what's happening right now in a lot of those,
- 22:49Speaker 5: I mean, this is a very wealthy part of the
- 22:51Speaker 5: city for those who haven't heard or don't know. A
- 22:53Speaker 5: lot of people have safes and fire safes with like,
- 22:56Speaker 5: you know, jewelry in there and diamonds. And if they
- 22:59Speaker 5: didn't get out in time and get their, get their safes.
- 23:01Speaker 5: So these looters are going into those areas. And, um, Fortunately,
- 23:06Speaker 5: we've got Nathan Hockman now, and George Gascon is out,
- 23:08Speaker 5: thank God. Our former DA in Los Angeles that was,
- 23:12Speaker 5: I think, responsible for a lot of the lawlessness that
- 23:14Speaker 5: we're seeing. But that might be a little political. But
- 23:17Speaker 5: Hockman is– he's coming down much harder on them and
- 23:20Speaker 5: hopefully going to offer a little deterrence. But, no, it's
- 23:24Speaker 5: really– I went from being brokenhearted over it to kind
- 23:28Speaker 5: of semi-furious. And I think a lot of us are
- 23:31Speaker 5: entering that– the five stages of death.
- 23:33Speaker 3: Yeah.
- 23:34Speaker 5: What– like– when they're able to move back into their house,
- 23:36Speaker 5: their neighborhood is all burned down. Like there's no stores there.
- 23:39Speaker 5: There's no, you know, not 90 year olds. I don't
- 23:41Speaker 5: know if they'll ever go back even though the house
- 23:43Speaker 5: is still standing.
- 23:44Speaker 2: It's going to be a long haul, but since you
- 23:46Speaker 2: brought up the prosecutor, I'm actually going to get right
- 23:48Speaker 2: into the Menendez brothers. You know, I've talked a lot
- 23:53Speaker 2: about it. I don't need to remind everybody, anybody of
- 23:55Speaker 2: the Menendez brothers, but the latest one is The re-sentencing
- 23:58Speaker 2: hearing for Lyle and Eric Menendez has been postponed due
- 24:01Speaker 2: to disruptions caused by recent L.A. county fires. And originally
- 24:04Speaker 2: it was scheduled for January 30th, but now the new
- 24:07Speaker 2: dates are March 20th and 21st. What are your thoughts about,
- 24:12Speaker 2: did you watch the series?
- 24:14Speaker 5: Yes.
- 24:15Speaker 2: Of Ryan Murphy. Okay, so let's just hear what your
- 24:17Speaker 2: thoughts are on everything and what your memories were back
- 24:21Speaker 2: when it was happening to us in real life and
- 24:24Speaker 2: people our age were able to watch court TV and everything.
- 24:28Speaker 5: OK, so the the what we saw on Netflix was
- 24:31Speaker 5: this is something that it's like this is not a
- 24:36Speaker 5: it's not a documentary documentary like that, especially the dramatized version.
- 24:40Speaker 5: You know, the Netflix, though, it's it's something that was
- 24:43Speaker 5: written successfully to evoke emotion as as any good movie.
- 24:47Speaker 2: Right.
- 24:47Speaker 5: And it's based on real life. But look, we. I
- 24:52Speaker 5: was a baby DA when that case was going down.
- 24:54Speaker 5: And this was the case of the world back then, right?
- 24:57Speaker 5: Everybody's paying attention to it. I knew David Cohen, who
- 25:00Speaker 5: was the second prosecutor, pretty well. And he was a no-nonsense, good,
- 25:06Speaker 5: fair guy. And what Gascon did was massively unpopular in
- 25:14Speaker 5: the LADA's office. Among the rank and file, the actual
- 25:16Speaker 5: people that prosecute cases for a living that have dedicated
- 25:19Speaker 5: their life to public safety, like.
- 25:21Speaker 2: What he did just a few months ago.
- 25:23Speaker 5: Recommending that they be re-sentenced. Yeah.
- 25:25Speaker 2: Oh, okay.
- 25:26Speaker 5: Yeah. So when we watch that- Do.
- 25:28Speaker 2: You think he did that as a Hail Mary to
- 25:31Speaker 2: get re-elected because he knew that there was such a
- 25:34Speaker 2: sentiment in LA of like, they've done enough time, this
- 25:38Speaker 2: evidence of molestation of the siblings and the, not the siblings,
- 25:43Speaker 2: but the cousins having evidence and they weren't being able
- 25:45Speaker 2: to be heard in the second trial and all of that.
- 25:49Speaker 2: You know, which, again, I personally, as a taxpayer, if
- 25:54Speaker 2: they got out, I am OK with that, too. Like,
- 25:57Speaker 2: I feel like 35 years or whatever it's been, I
- 26:00Speaker 2: don't think they're going to go and kill anyone else's parents.
- 26:05Speaker 2: So for me, I feel like it's been done. But,
- 26:07Speaker 2: you know, there's a lot more legal stuff that I
- 26:09Speaker 2: want you to of why that maybe shouldn't happen or
- 26:12Speaker 2: like looking at.
- 26:13Speaker 5: It that way. Objectively, it's like you're 100 percent right.
- 26:16Speaker 5: Like it's it's it's an inter-family homicide. OK. And it
- 26:20Speaker 5: is a and they've done what, 35 years.
- 26:23Speaker 3: Right.
- 26:23Speaker 5: So.
- 26:24Speaker 3: Yeah.
- 26:24Speaker 5: So when you just look at the numbers, you ask,
- 26:27Speaker 5: you know, am I going to lose any sleep if
- 26:28Speaker 5: they get out? Answers no. Right. And I mean, probably
- 26:31Speaker 5: same for me, kind of, maybe. But here's here's the
- 26:35Speaker 5: real deal here is that, you know, when you when
- 26:39Speaker 5: you talk about victims of sexual abuse and that's the
- 26:42Speaker 5: emotion behind it and that's Kim Kardashian going to prison
- 26:44Speaker 5: and going, I think they were sexually abused. Okay, so
- 26:46Speaker 5: when you break it down legally, and I've done these
- 26:49Speaker 5: cases where when you have murder for financial gain in
- 26:51Speaker 5: the state of California, if any part of the motive
- 26:55Speaker 5: is financial gain, you have satisfied all the elements of that. Okay,
- 26:58Speaker 5: so you can be motivated by 90% revenge against somebody
- 27:04Speaker 5: that sexually abused you. But if you know that you're
- 27:06Speaker 5: going to gain financially, the idea goes back to ancient Rome.
- 27:11Speaker 5: 99% motivation to go to the gym means we sit
- 27:13Speaker 5: on our couch. right? Like it means you don't go.
- 27:15Speaker 5: 99% motivated to do something means it doesn't happen. 100%
- 27:20Speaker 5: equals a whole. So if you're motivated 99% by being
- 27:24Speaker 5: molested in the past or something else, and that 1%
- 27:28Speaker 5: thing is, and I'm also going to inherit a whole
- 27:30Speaker 5: bunch of money, you know, and that's all it takes.
- 27:33Speaker 2: That's really interesting. I don't think anyone has laid it
- 27:37Speaker 2: out like that, you know, and you know that because
- 27:39Speaker 2: of the law.
- 27:40Speaker 5: That's the law in the state of California.
- 27:41Speaker 2: You're right. And you know, they... Definitely proved that, you know,
- 27:46Speaker 2: even like you said, even if it was just that
- 27:48Speaker 2: one percent, it's like, well, why shouldn't we have that money? Or,
- 27:52Speaker 2: you know, even when they they brought up the fact
- 27:53Speaker 2: that the one older brother didn't like the brand new
- 27:57Speaker 2: car that he was presented with. It was like, well,
- 28:01Speaker 2: if you were being abused for all these years and
- 28:04Speaker 2: part of the deal was, if you don't tell, I'm
- 28:07Speaker 2: going to get you a Ferrari and now you've got
- 28:09Speaker 2: a Carrera. or whatever, it was like, he could still
- 28:13Speaker 2: be mad about that. But you're right. It involves money.
- 28:16Speaker 5: It involves money.
- 28:17Speaker 2: And if you're following the law, then it involves money.
- 28:20Speaker 2: And I mean, we knew from what they did that
- 28:23Speaker 2: they were absolutely, and there were so many things with
- 28:26Speaker 2: the movie script that they wrote before about the two
- 28:29Speaker 2: boys that kill their parents.
- 28:30Speaker 5: Buying shotguns with fake IDs.
- 28:35Speaker 2: Right.
- 28:35Speaker 5: And another, part of the way that it's been discussed
- 28:37Speaker 5: by Kardashian, by George Gascon, is, quote unquote, the victims, right?
- 28:42Speaker 5: As if they're one block and the family as if
- 28:44Speaker 5: they're a block. So legally, when you break it down,
- 28:47Speaker 5: you get an imperfect self-defense, the Ninth Circuit Court of Appeal.
- 28:50Speaker 5: So after it goes through the state system, it winds
- 28:53Speaker 5: up in what are called habeas proceedings in front of
- 28:55Speaker 5: the Ninth Circuit. They are no rubber stamp for the prosecution.
- 28:58Speaker 5: And some of the cases, including Dating Game Killer, which
- 29:00Speaker 5: we're going to talk about, is they reverse that at
- 29:02Speaker 5: one point. They view every conviction with a very skeptical eye.
- 29:07Speaker 5: The Ninth Circuit, which is all... long been viewed as
- 29:10Speaker 5: the most liberal district court in the federal court system
- 29:13Speaker 5: in the United States, wrote the most scathing opinion about
- 29:16Speaker 5: the Menendez brothers and their defense, which is what is
- 29:19Speaker 5: known as imperfect self-defense, which means actual but unreasonable, which
- 29:23Speaker 5: means Eric and Lyle had to actually believe that Kitty Menendez,
- 29:28Speaker 5: not dad, Kitty Menendez posed a threat of death or
- 29:31Speaker 5: great bodily harm at the time they blew her face
- 29:34Speaker 5: off with a shotgun. Okay, so when you take California
- 29:37Speaker 5: law and you put it over, you overlay these facts,
- 29:41Speaker 5: you know, these guys started this.
- 29:43Speaker 2: That was the instructions for the jury.
- 29:45Speaker 5: Yeah, that's California law.
- 29:46Speaker 2: And I don't think there's anybody that believes... That that
- 29:51Speaker 2: night they felt it's either now or tomorrow. We're going
- 29:55Speaker 2: to die. And that whole thing of they took us
- 29:57Speaker 2: on a boat and because they were going to throw
- 30:00Speaker 2: our bodies over when they like rented a boat with
- 30:03Speaker 2: like the with like the captain and the. And the
- 30:05Speaker 2: guy that made the sandwiches. And I was just like,
- 30:08Speaker 2: I don't think anybody believed that. But did they believe
- 30:10Speaker 2: that they felt there was no way getting out? The
- 30:14Speaker 2: one brother, he's like, you're staying here. You can't live
- 30:17Speaker 2: in the dorms at UCLA so that I could, you know,
- 30:20Speaker 2: abuse you for the next four years. And I'm just saying,
- 30:24Speaker 2: so I'm saying I get when you watch it all,
- 30:26Speaker 2: you're like, this was the most horrific family, horrible person.
- 30:29Speaker 2: I definitely think that he was an abuser. I think
- 30:32Speaker 2: he probably abused some of the people from Minuto as well.
- 30:35Speaker 2: But you're right. If those are your instructions as a jury,
- 30:39Speaker 2: you have to say, no, I don't think they actually
- 30:41Speaker 2: thought they were going to be murdered that next day.
- 30:44Speaker 5: And as a prosecutor, you look at that. Number one,
- 30:46Speaker 5: Eric was a professional athlete at that point. And his
- 30:50Speaker 5: mom weighed, what, 120 pounds. And so let's just say
- 30:54Speaker 5: for the sake of argument that Jose Menendez did all
- 30:56Speaker 5: that and it was all true.
- 30:58Speaker 3: Okay.
- 30:59Speaker 5: You don't get to blow your mom's face off, and
- 31:00Speaker 5: that's what they did. These were Mossberg 12-gauge shotguns, and
- 31:03Speaker 5: I've seen murder scenes.
- 31:05Speaker 2: Do you think if she was away that weekend with
- 31:07Speaker 2: her sister and they just did it to their dad,
- 31:10Speaker 2: do you think they could have either got a lesser
- 31:13Speaker 2: sentence or be more likely to get out or never
- 31:16Speaker 2: be convicted at all?
- 31:17Speaker 5: Well, I think that what they would be able to
- 31:18Speaker 5: do is they'd be able to say this is motivated
- 31:20Speaker 5: by something other than financial gain and be believed.
- 31:23Speaker 2: Because you're right, because then Kitty would have gotten the money.
- 31:27Speaker 2: But by killing her too.
- 31:29Speaker 5: Why kill mom?
- 31:30Speaker 2: You're right.
- 31:31Speaker 5: And, and, and I mean, there's so many problems with
- 31:33Speaker 5: it and everything you just said about, you know, going
- 31:35Speaker 5: on the boat and all that. The fundamental problem with
- 31:38Speaker 5: everything that we're seeing right now is it comes from them.
- 31:40Speaker 5: These are guys that lied to the 911 operator. They
- 31:43Speaker 5: lied to the responding officers. They lied to the detectives.
- 31:46Speaker 5: Then they have this whole thing with Dr. Oziel and
- 31:50Speaker 5: who believed that Lyle was going to murder him, which
- 31:52Speaker 5: is the only reason why they were able to violate, um,
- 31:55Speaker 5: The confidentiality. The confidentiality. That's the only reason why that
- 31:57Speaker 5: was ruled admissible. And they never said anything about sexual abuse.
- 32:02Speaker 5: They never said a word. So you're talking to a shrink.
- 32:04Speaker 5: Like when we see our counselor about my Megyn Kelly problem,
- 32:07Speaker 5: we will have confidentiality when we go to our couples
- 32:10Speaker 5: counseling on that. And we can– everybody's been in therapy
- 32:15Speaker 5: at one point or another and you have confidentiality. And
- 32:18Speaker 5: you talk about murdering your parents and they told him
- 32:21Speaker 5: the reason why they killed their mom was it was
- 32:23Speaker 5: a mercy killing. because the dad was cheating. There was
- 32:26Speaker 5: nothing about sexual abuse until we got a legal defense.
- 32:28Speaker 2: And Leslie Abramson- So wait, hold on, I have a question.
- 32:30Speaker 2: Because I remember thinking maybe when, so they, according to
- 32:35Speaker 2: what I recall, they had to go see this therapist
- 32:38Speaker 2: as part of this to get out of the fact
- 32:41Speaker 2: that they were robbing homes in Calabasas.
- 32:43Speaker 5: Eric was. And then he began talking about the case
- 32:45Speaker 5: and then Lyle began seeing him. And again- And then.
- 32:48Speaker 2: Also did the dad find this shady person- and also
- 32:54Speaker 2: tell the boys, don't share any, you have to go
- 32:57Speaker 2: do this so you don't go to juvenile hall. But
- 33:00Speaker 2: in doing it, you better not say anything about what
- 33:02Speaker 2: goes on in our house. So maybe they didn't share
- 33:04Speaker 2: it prior.
- 33:05Speaker 5: Right, and the source of that was 100% the same
- 33:08Speaker 5: guys who killed their mom. She survived somehow this volley
- 33:13Speaker 5: of 12 gauge rounds. And this has conclusively been proven.
- 33:16Speaker 5: Lyle went out to the car, reloaded the shotgun and
- 33:20Speaker 5: put the shotgun against his mom's face and blew off
- 33:22Speaker 5: her mom's face. Having been to shotgun murders, I can
- 33:25Speaker 5: tell you, like, the visceral brutality of that act, you
- 33:29Speaker 5: better have a pretty good frigging reason to kill your mom,
- 33:32Speaker 5: as in something that mom did. And another thing is, remember, Lyle,
- 33:38Speaker 5: after the first trial and it hung, Lyle picked up
- 33:40Speaker 5: a court groupie who began visiting him in jail who
- 33:43Speaker 5: tape recorded a series of conversations where he was bragging
- 33:47Speaker 5: about how effectively he lied on the stand in the
- 33:50Speaker 5: first trial. So not only did they lie to the cops,
- 33:52Speaker 5: and apparently their therapist, if you believe their story, then
- 33:56Speaker 5: they go to court. Eric got caught in one of
- 33:59Speaker 5: the biggest cross-examinations. The prosecutor's guy named Lester Kuriyama who
- 34:04Speaker 5: caught him in a flat-out lie about the shotguns, like
- 34:07Speaker 5: demonstrable falsehood on the stand. So he lied to the jury.
- 34:11Speaker 5: He lied to the judge. They lied to literally everybody.
- 34:14Speaker 5: And here we are, and Kim Kardashian thinks they should
- 34:16Speaker 5: get out. And here's my biggest problem with this. When
- 34:20Speaker 5: we start out, we watch these shows, and I dedicate
- 34:23Speaker 5: my professional life to fighting and advocating on behalf of
- 34:25Speaker 5: victims of sexual abuse. It's been my, from my junior
- 34:29Speaker 5: law clerk summer to my private practice where I represent
- 34:32Speaker 5: victims pro bono in sex cases. It has been my
- 34:36Speaker 5: entire professional career. When you, in the state of California,
- 34:41Speaker 5: there's a huge movement here to eliminate LWOP, or Life
- 34:44Speaker 5: Without Possibility of Parole, as a sentence. The three groups
- 34:47Speaker 5: that serve LWOP are Rapists, child molesters and murderers. Like
- 34:52Speaker 5: those are the people serving life sentences in the state
- 34:55Speaker 5: of California are overwhelmingly those three.
- 34:57Speaker 2: Those crimes.
- 34:58Speaker 3: Yeah.
- 34:58Speaker 5: And this has become the poster case essentially for the
- 35:01Speaker 5: elimination of life without possibility of parole, which is what
- 35:03Speaker 5: they were sentenced to, which is the sentence if you
- 35:06Speaker 5: kill somebody for money.
- 35:07Speaker 3: Right.
- 35:07Speaker 5: So if this goes through and if they are resentenced,
- 35:11Speaker 5: I have I think that it's what's going to happen next.
- 35:15Speaker 5: Every single one of these people in California state prison
- 35:18Speaker 5: is going to line up for their resentencing. And if
- 35:21Speaker 5: this is successful, the people that will benefit most aren't
- 35:24Speaker 5: even Lyle and Eric because it won't end with them.
- 35:27Speaker 5: It's called precedent, stare decisis. Our entire legal system is
- 35:30Speaker 5: based on what other judges do on similar cases or
- 35:33Speaker 5: on cases with similar charges. And the people that are
- 35:36Speaker 5: going to benefit most on this are child molesters and rapists.
- 35:39Speaker 5: And if they start getting out, these people that are
- 35:41Speaker 5: motivated by wanting to advocate on behalf of purported victims
- 35:46Speaker 5: of sexual abuse— will wind up creating more victims of
- 35:50Speaker 5: sexual abuse because the last people we want out, trust me,
- 35:54Speaker 5: people in the state of California who are in there
- 35:55Speaker 5: doing LWOP are the worst human beings on the planet.
- 36:00Speaker 5: And if we make it easier for them to get out,
- 36:03Speaker 5: it's like, I mean, I love my state. I grew
- 36:07Speaker 5: up here like you did. It's like we just keep
- 36:10Speaker 5: shooting ourself in the public safety foot over and over
- 36:12Speaker 5: and over again. And so we start out with empathy
- 36:15Speaker 5: because we see a documentary or a purported documentary or
- 36:18Speaker 5: a show on Netflix and we see the way it's portrayed,
- 36:22Speaker 5: there's so much that is left out of that. Like
- 36:24Speaker 5: we would need another, we'd need two hours to go
- 36:26Speaker 5: through what they did not include that were actual facts.
- 36:30Speaker 5: Like Jose Menendez was talking about writing them out of
- 36:32Speaker 5: the will. That happened beforehand.
- 36:34Speaker 2: Right.
- 36:35Speaker 5: It's well documented. And that's what we call, you know,
- 36:38Speaker 5: a clue. Like if they think they're about to lose
- 36:40Speaker 5: all the money regarding the timing of this, like So
- 36:43Speaker 5: when you talk to DAs in the L.A. DA's office,
- 36:46Speaker 5: the real pros, like a buddy of mine, Jeff Lewin,
- 36:49Speaker 5: or John Lewin, his brother, who's a very well-known, he's
- 36:52Speaker 5: a guy that prosecuted Robert Durst in the Jinx. Or
- 36:57Speaker 5: my co-counsel on Rodney Alcala, Gina Sotrano, her whole career
- 37:01Speaker 5: is parallel to mine. It's all sexual abuse. The idea
- 37:05Speaker 5: that these two guys might get out because of a
- 37:08Speaker 5: friggin' Netflix story and everybody watches this and They don't
- 37:11Speaker 5: read the transcripts. None of your viewers probably, and this
- 37:14Speaker 5: is not a criticism, but who reads the Ninth Circuit opinion?
- 37:18Speaker 5: Unless you're a lawyer. I've read it and it is
- 37:20Speaker 5: probably the most accurate takedown of these legal concepts with
- 37:26Speaker 5: these guys who keep getting caught and lie after lie
- 37:29Speaker 5: after lie and now we believe them all of a sudden?
- 37:33Speaker 2: Let me ask you this because the fascination to me
- 37:36Speaker 2: is that they're brothers with just a couple years in
- 37:39Speaker 2: between and there's something beautiful about the fact that they
- 37:43Speaker 2: got to finally be in the same prison. I remember
- 37:45Speaker 2: feeling like, I know they're murderers, but, and then I
- 37:48Speaker 2: also understood why they were separated back then because they,
- 37:53Speaker 2: you know, my sister who's a criminal defense attorney is like,
- 37:55Speaker 2: you put two sociopaths together and they're multiple times more dangerous.
- 38:00Speaker 2: There's something. And so now you have, you know, murdering
- 38:04Speaker 2: brothers who are also most likely abused in a fucked
- 38:07Speaker 2: up home. And one has more power over the other,
- 38:11Speaker 2: the older. Like, do you feel that Lyle is and
- 38:15Speaker 2: was more dangerous than Eric? And do you think he
- 38:18Speaker 2: at all, like, if this was just, if Eric had
- 38:21Speaker 2: been an only child and even suffered this abuse, would
- 38:25Speaker 2: he have ever gotten to this place of killing his parents?
- 38:28Speaker 5: Well, number one.
- 38:28Speaker 2: Just hypothetically.
- 38:29Speaker 5: Yeah. So we're talking about big brother, little brother. Yeah.
- 38:31Speaker 5: So there's that dynamic that I think is very much
- 38:34Speaker 5: in play here. But I don't know.
- 38:35Speaker 2: Right.
- 38:36Speaker 5: It certainly seemed that way to me. Eric is the
- 38:38Speaker 5: one that is basically giving this tearful thing to Oziel.
- 38:41Speaker 2: Right.
- 38:42Speaker 5: And then Lyle comes in. Like, Oziel thinks Lyle's going
- 38:46Speaker 5: to kill him.
- 38:47Speaker 2: The counselor.
- 38:47Speaker 5: He's the counselor.
- 38:48Speaker 3: Yeah.
- 38:48Speaker 5: Right? And then so we learn about all this because
- 38:51Speaker 5: of what he perceives as a danger. Then who's involved?
- 38:55Speaker 5: And Lyle is the one that actually went hands-on and
- 38:58Speaker 5: murdered his mother. Yeah. Right? And in the most gruesome way,
- 39:02Speaker 5: Ken answers.
- 39:03Speaker 2: He's the one who came back.
- 39:04Speaker 5: He's the one that loaded Rosalind. A Mossberg 12-gauge shotgun
- 39:07Speaker 5: and blew his mom's face off, literally. Somehow she'd survived
- 39:10Speaker 5: the initial thing. By the way, her brother is totally
- 39:13Speaker 5: opposed to them being released, her brother Milton. So like
- 39:15Speaker 5: when they talk about the family, the family.
- 39:17Speaker 2: But then isn't his sister, isn't her sister also.
- 39:21Speaker 5: Wanting them out?
- 39:22Speaker 2: She wants them out, yeah.
- 39:23Speaker 5: Right, and like on an emotional level, we can sort
- 39:25Speaker 5: of understand Yeah. But at the same time, he's also
- 39:29Speaker 5: entitled to– he's considered a victim and he's entitled under
- 39:32Speaker 5: California Constitution. It's Article 1, Section 28 of the California Constitution.
- 39:36Speaker 5: It's known as finality in sentencing because he is a
- 39:39Speaker 5: victim of violent crime, the brother. So it's like– and
- 39:42Speaker 5: also going back to Gascon, there's two legal pathways here.
- 39:46Speaker 5: One is just a motion to resentence. The other is
- 39:47Speaker 5: what's known as a habeas proceeding. Where it's like, hey,
- 39:51Speaker 5: we got new evidence, which is the letter and this
- 39:53Speaker 5: thing from this Menudo guy.
- 39:54Speaker 2: The letter from his cousin that it looks like the
- 39:58Speaker 2: letter was written by Eric to the cousin a couple
- 40:01Speaker 2: years before and it was stating the abuse.
- 40:05Speaker 5: It was supposedly about six months before.
- 40:08Speaker 3: Okay.
- 40:08Speaker 5: It's undated. It's vague. He comes in. You can't understand
- 40:13Speaker 5: how much I hate him. It's vague. There is no date.
- 40:15Speaker 5: That cousin has now died. But here's my problem with
- 40:17Speaker 5: the letter.
- 40:18Speaker 2: But also someone could argue– that if this was sent
- 40:21Speaker 2: six months prior, that the pre-planning of the murder, because
- 40:26Speaker 2: they're going to be cut out of the will, we're
- 40:29Speaker 2: dropping seeds that maybe we were abused. You could argue
- 40:32Speaker 2: that too, right?
- 40:33Speaker 5: Every murder that I've done where it's a murder for
- 40:36Speaker 5: financial gain, there's fake evidence put in front of it.
- 40:38Speaker 5: Not saying that necessarily is, but here's another problem that
- 40:40Speaker 5: I've got with that, is that this was the biggest
- 40:43Speaker 5: trial in the world. This was the case right back then.
- 40:47Speaker 5: And he has one of the best defense lawyers, and
- 40:50Speaker 5: they've got virtually unlimited funding for their defense because the
- 40:53Speaker 5: family is wealthy. Did Eric forget he wrote the letter? Like,
- 40:56Speaker 5: they have subpoena power. They've got the cousin who actually
- 40:59Speaker 5: testified in the first trial.
- 41:01Speaker 2: So you're saying why didn't Eric bring it up back then?
- 41:02Speaker 5: How come we didn't see it then? Yeah.
- 41:04Speaker 2: And why do you think that? Why would that?
- 41:06Speaker 5: Well, I've got a friend in the DA's office who
- 41:08Speaker 5: will remain nameless who is convinced that the letter is
- 41:10Speaker 5: complete BS. It's fake. He thinks it's fake. It came out.
- 41:14Speaker 5: It came. It was delivered by a family member. who
- 41:17Speaker 5: has always advocated for their release. And who knows? And
- 41:21Speaker 5: that's what's known as foundation. Like somebody could say, I
- 41:24Speaker 5: found it in my, in my son or my cousin's
- 41:26Speaker 5: stuff as I was going through it after he died.
- 41:28Speaker 5: That's probably enough foundation to get it in, but that
- 41:31Speaker 5: doesn't like, there's no, their allegations of sexual abuse were
- 41:36Speaker 5: never really corroborated by anybody except for them and each other.
- 41:41Speaker 5: And that's it. And, and, when you, I did sex
- 41:44Speaker 5: crimes for four years before I went into homicide. Okay.
- 41:47Speaker 2: Wait, finish your thought, but then I want to ask
- 41:50Speaker 2: you a question about that. Go ahead.
- 41:51Speaker 5: Yeah. So, I mean, look, if you've got, if this
- 41:53Speaker 5: is the smoking gun that everybody wants it to be now, right?
- 41:56Speaker 5: If this is Gascon, who sat on the habeas petition
- 41:59Speaker 5: for 18 months, by the way, like that sat on
- 42:01Speaker 5: his desk for a year and a half. So there's
- 42:02Speaker 5: a lot of people in that office who think, yes,
- 42:04Speaker 5: he waited until the last minute because he was about
- 42:07Speaker 5: to lose an election by 30 points. So he wanted to,
- 42:11Speaker 5: this was a Hail Mary. People think that I don't
- 42:13Speaker 5: know what he's thinking on that. But when it comes
- 42:16Speaker 5: to that letter, like if it is that important, Eric
- 42:22Speaker 5: wrote it. Eric knew about it. He's got one of
- 42:25Speaker 5: the finest defense lawyers. He's got a cooperative person who
- 42:28Speaker 5: received it. Why are we hearing about it 35 years later?
- 42:31Speaker 5: Why didn't we know about it then if it's so important?
- 42:34Speaker 5: If that was the smoking gun that corroborated the sexual abuse,
- 42:36Speaker 5: and it is vague. He doesn't say my dad is
- 42:38Speaker 5: molesting me. He keeps coming in here. You have no
- 42:40Speaker 5: idea how bad it is. could be interpreted that way.
- 42:43Speaker 5: Maybe that's exactly what was happening. But I'll tell you
- 42:47Speaker 5: who isn't in the letter. My mom is sexually abusing me,
- 42:49Speaker 5: or my mom is holding me down as my dad
- 42:51Speaker 5: is doing it, or my mom has, like, there's nothing
- 42:53Speaker 5: about mom in there at all. And if you kill
- 42:56Speaker 5: one person for financial gain, if you give them a
- 42:59Speaker 5: freebie murder on dad, you cannot kill your mom if
- 43:03Speaker 5: financial gain is the motive. If it's 10%, 20%, 1%,
- 43:08Speaker 5: If you kill your mom with a Mossberg shotgun, and
- 43:11Speaker 5: one of the very first things they did after as
- 43:13Speaker 5: they began this exorbitant spending spree with Porsches and Rolexes
- 43:17Speaker 5: and 24-hour security and, you know, is they got a
- 43:22Speaker 5: locksmith to get into the safe because based on the
- 43:25Speaker 5: prosecution to get into the will because they thought he
- 43:28Speaker 5: might have actually written them out of the will and
- 43:31Speaker 5: they wanted to get that before anybody else did. That
- 43:34Speaker 5: is totally consistent with with the idea that they murdered
- 43:38Speaker 5: their dad before he had a chance to do it
- 43:40Speaker 5: because there was evidence of that that was presented multiple times.
- 43:43Speaker 5: I wish David Cohen was alive today to come in
- 43:46Speaker 5: and address this because that guy- Who was that, the prosecutor?
- 43:48Speaker 5: He was the prosecutor in the second trial, the one
- 43:50Speaker 5: that actually convicted them. I mean, I knew him. I
- 43:53Speaker 5: had cases with him. That guy was the real deal.
- 43:57Speaker 5: He's everything that you would want as far as a
- 43:59Speaker 5: professional prosecutor who's fair and listens and considers all the
- 44:04Speaker 5: evidence like, That was that guy, and he passed away
- 44:08Speaker 5: seven or eight years ago now. And I just wish
- 44:11Speaker 5: he was here to address it.
- 44:13Speaker 2: Well, I will– one thing, and then I want to
- 44:17Speaker 2: ask you this. I will say Lyle cheated on his
- 44:20Speaker 2: first wife by having other people came in, Anna Menendez.
- 44:24Speaker 2: Then he had another wife for like 25 years, and
- 44:27Speaker 2: it's just been revealed that he has been cheating on
- 44:30Speaker 2: her with this other– young. I think she's German. She's blonde.
- 44:34Speaker 2: She's in her twenties. She's been visiting him. They have
- 44:36Speaker 2: photos together. So now they're going through a divorce. Do
- 44:40Speaker 2: you imagine being the woman that visited him for like
- 44:43Speaker 2: 30 years? And you're like talking to your sister-in-law, who's
- 44:46Speaker 2: also married to Eric for 30 years, being like, we're
- 44:49Speaker 2: going to get them out for Christmas only to find
- 44:51Speaker 2: out that he is seeing like a blonde 24 year old.
- 44:55Speaker 5: Yeah, well.
- 44:56Speaker 2: So, I mean, I know cheaters don't mean murderers, but,
- 44:59Speaker 2: you know, come on, not a great character.
- 45:02Speaker 5: This is, like, this is not... These aren't nice guys,
- 45:08Speaker 5: you know? Like, they killed their friggin' mom, guys. Like,
- 45:12Speaker 5: have we forgotten? Kitty Menendez was crawling away. They blew...
- 45:15Speaker 5: Lyle Menendez blew his mom's face off with a shotgun.
- 45:19Speaker 5: It's like, that visual alone... You like you better have
- 45:24Speaker 5: something better than it was a mercy killing because our
- 45:26Speaker 5: dad was cheating on her. Like you can't you know,
- 45:29Speaker 5: so people see that they see the cute kid, this
- 45:31Speaker 5: cute brothers. And like we think victims of sexual abuse. And,
- 45:35Speaker 5: you know, look, I did four years in sexual assault.
- 45:38Speaker 2: Let me ask you this as a prosecutor of it.
- 45:41Speaker 2: Have you ever in your career been prosecuting a case
- 45:47Speaker 2: and there is something that you're like, oh, fuck the victim?
- 45:51Speaker 2: victim is lying. Maybe it didn't happen. And how do
- 45:55Speaker 2: you handle that?
- 45:57Speaker 5: So not in the middle of trial, but absolutely. Especially
- 46:02Speaker 5: in murders, because when you catch the guy, typically you
- 46:05Speaker 5: catch the guy pretty quickly, or the woman. You catch
- 46:07Speaker 5: them pretty quickly, and then the investigation really begins. That's
- 46:10Speaker 5: when you send in the computers. Like I had one,
- 46:13Speaker 5: I had a case out of Newport. Very, very wealthy family.
- 46:18Speaker 5: And this guy was, they were in... having a divorce
- 46:22Speaker 5: and we, there's so much cash. There are Newport coast
- 46:25Speaker 5: or neighbors of Kobe, Kobe Bryant. And this guy, um,
- 46:30Speaker 5: I filed the special search because it really looked like
- 46:32Speaker 5: they were arguing about money, that that was a part
- 46:34Speaker 5: of it. And it only has to be, again, it
- 46:35Speaker 5: only has to be a part of the motive. And
- 46:37Speaker 5: he strangled his wife in the bathtub and he wound
- 46:39Speaker 5: up like dumping her body in San Diego. This crazy, crazy,
- 46:43Speaker 5: super rich guy. And, um, and we wind up, we,
- 46:48Speaker 5: And that's when– like I would go to the autopsies.
- 46:50Speaker 5: Like I remember standing watching this autopsy and she had
- 46:53Speaker 5: been– it was all the classic signs of strangulation. He
- 46:57Speaker 5: came up with a story about a painter at the
- 46:58Speaker 5: house murdering her and putting her in a car. It
- 47:00Speaker 5: was absolutely preposterous. So I charge him with that and
- 47:04Speaker 5: he can't get out because it's a no-bail hold on
- 47:07Speaker 5: a special circuit of murder for a financial gain. And
- 47:11Speaker 5: then we get the computers back and it turns out
- 47:13Speaker 5: what this guy was doing, frigging weenie that he is,
- 47:16Speaker 5: He was having sex with hookers. I'm sorry, sex workers,
- 47:20Speaker 5: I believe is the correct term. Sex workers without a
- 47:23Speaker 5: condom and bringing home STDs for his mom. I mean,
- 47:26Speaker 5: for his wife, for the mom of these kids, because
- 47:29Speaker 5: they had dead three boys. So yeah, he's infecting his wife.
- 47:33Speaker 5: That's what they were arguing about. And as the investigation
- 47:35Speaker 5: goes on, turns out her family's got a ton of money.
- 47:37Speaker 5: His family's got a ton of money. It was 0%
- 47:40Speaker 5: about money. Now I've got a very wealthy guy And
- 47:44Speaker 5: I have an ethical obligation. And to answer the question,
- 47:47Speaker 5: you must dismiss it or strike that enhancement immediately. You
- 47:50Speaker 5: do not stop, go. As soon as you entertain a
- 47:52Speaker 5: subjective doubt as to somebody's guilt or the efficacy of
- 47:56Speaker 5: any sort of charge or enhancement, your ethical obligation is
- 47:59Speaker 5: to immediately dismiss that. A lot of people don't know that.
- 48:02Speaker 2: To dismiss that it was not. So then you have
- 48:04Speaker 2: to say this was not money motivated.
- 48:06Speaker 3: Yep.
- 48:06Speaker 2: This was like truly a crime of passion.
- 48:09Speaker 5: I had to strike the enhancement. Which allowed that guy
- 48:14Speaker 5: to make bail, which sucked because then he fled to Mexico.
- 48:18Speaker 5: He's on the lam and he killed somebody in Mexico.
- 48:21Speaker 2: Who?
- 48:21Speaker 5: Like some other girl? He killed some poor– he was
- 48:26Speaker 5: driving super aggressively. He had two Mexican sisters that were
- 48:30Speaker 5: in his car that came from a nice family, like
- 48:34Speaker 5: nice people. He killed one. He crashed and he killed
- 48:37Speaker 5: one and permanently disabled the other.
- 48:39Speaker 2: In the car accident.
- 48:40Speaker 5: In the car accident. Absolutely horrific. And he was– so
- 48:43Speaker 5: this guy was just– Is.
- 48:44Speaker 2: That how then you guys found him? From the car accident?
- 48:47Speaker 5: We had great work from the U.S. Marshal's office and
- 48:49Speaker 5: a bunch of like actual heroes behind the scenes. And
- 48:51Speaker 5: Newport Peach, a guy named Court Depwig, who was head
- 48:54Speaker 5: of the homicide unit down there, who– detective, sergeant, like studs.
- 48:58Speaker 5: So what happened to him? They brought him back, finally
- 49:01Speaker 5: prosecuted him up here in– well, in Orange County. And
- 49:05Speaker 5: he was convicted of murder and he got a life sentence.
- 49:07Speaker 5: He'll get a parole hearing too soon because that's, it
- 49:10Speaker 5: turns out being a second degree murder. But like, there's no,
- 49:13Speaker 5: like that guy should never get out. You know, he
- 49:15Speaker 5: shouldn't get out. He, you know, like, but but, but
- 49:18Speaker 5: I had to dump it.
- 49:18Speaker 2: It was second degree because it wasn't planned. It was
- 49:20Speaker 2: an argument that went to murder. It wasn't, I'm coming
- 49:24Speaker 2: home tonight. She's here. I bought the guns three days ago.
- 49:28Speaker 5: It's no, it was nowhere near as bad as, and
- 49:30Speaker 5: then another one with a guy who, um, he was a, uh,
- 49:33Speaker 5: he was a finance manager, manager at a car dealership
- 49:35Speaker 5: and he had this big history of domestic violence. And he's, um,
- 49:39Speaker 5: He called 911. She already had rigor. His fiance's beautiful
- 49:43Speaker 5: young woman and rigor is rigor mortis. So she'd been
- 49:47Speaker 5: dead for a while. She'd clearly been choked. She's got
- 49:50Speaker 5: particular hemorrhaging in her eyes, which are like all the
- 49:52Speaker 5: classic signs. She's got the finger marks on her neck,
- 49:55Speaker 5: the whole deal. And and cause of death was asphyxia.
- 50:00Speaker 5: So that looks like he choked on. He's been arrested
- 50:03Speaker 5: multiple times for doing that to previous wives, girlfriends, whatever.
- 50:07Speaker 5: And then. Three weeks, four weeks later, I get the
- 50:10Speaker 5: tox results, and it turns out they had a huge fight.
- 50:13Speaker 5: He was a choker. He choked her out, and she
- 50:15Speaker 5: went in and took about 150 sleeping pills. So when
- 50:19Speaker 5: we get that back, it's like, I've got a huge
- 50:21Speaker 5: causation problem. Even though, like, on a moral level, he
- 50:24Speaker 5: basically killed her, but she suicided. So that's another one
- 50:28Speaker 5: I had to dismiss right away. So, yes.
- 50:30Speaker 2: So then he could only get, so was he convicted
- 50:32Speaker 2: of anything?
- 50:33Speaker 3: Yes. Just abuse.
- 50:33Speaker 5: No, no, no.
- 50:34Speaker 2: But just abuse, but not murder.
- 50:35Speaker 5: I then gave that to a guy who went to, Actually,
- 50:38Speaker 5: the guy I was so good at, he wound up
- 50:39Speaker 5: becoming my boss in Homicide. His name is Brahim Betai.
- 50:42Speaker 2: But you've never had like a female try to say
- 50:47Speaker 2: I was sexually assaulted by somebody and you are totally convinced.
- 50:51Speaker 2: And then as you do the interviews and stuff, you're like,
- 50:54Speaker 2: you know what? There isn't enough here. Or even in
- 50:57Speaker 2: your brain, you're like, this girl's lying. Has that ever happened? Yeah.
- 51:00Speaker 5: We have. Tons of those. Tons, but we don't file those.
- 51:04Speaker 5: When you look at those, and it's sexual assault, you're
- 51:08Speaker 5: just reviewing sex cases all the time. So when you
- 51:12Speaker 5: have one of those, I'll tell you the common one,
- 51:13Speaker 5: and this is sad, in custody disputes, when you've got
- 51:16Speaker 5: a little girl or a little boy, and the complaint comes,
- 51:18Speaker 5: and you look, and it's almost like a script. It's like,
- 51:22Speaker 5: custody dispute? Okay. Mom reported. No corroboration. You see that.
- 51:28Speaker 5: You actually see that a lot.
- 51:29Speaker 2: Or saying that the dad that she's divorcing, she believes,
- 51:33Speaker 2: is sexually assaulting her or a child.
- 51:36Speaker 5: Yes. You see a lot of that.
- 51:37Speaker 2: And then she kind of coaches the child.
- 51:40Speaker 5: Right. And a good detective spot those a mile away.
- 51:42Speaker 5: There was a guy named.
- 51:43Speaker 2: That, I think, has to be, like, the cruelest thing
- 51:48Speaker 2: that someone can do.
- 51:49Speaker 5: Well, people go crazy when— in divorces, people can go crazy.
- 51:52Speaker 3: Right.
- 51:52Speaker 5: It's the ultimate— And when they're fighting over their kids—
- 51:55Speaker 5: There is no limit of what they'll do. There's no
- 51:57Speaker 5: lie they won't tell.
- 51:57Speaker 2: Right.
- 51:58Speaker 5: You know, and sometimes it turns out to be absolutely true.
- 52:01Speaker 5: But those who do falsely report are totally unfair to
- 52:04Speaker 5: the people that are actually suffering.
- 52:06Speaker 2: Right.
- 52:07Speaker 5: Because it comes in with such skepticism when, you know,
- 52:12Speaker 5: when it comes in with five fake ones and there's
- 52:15Speaker 5: a real one in there. So you try very hard
- 52:19Speaker 5: to figure those out before you file. You know, and
- 52:21Speaker 5: it's critically important. That's one of the hardest parts of
- 52:24Speaker 5: the job are when you or the opposite when you
- 52:26Speaker 5: have somebody that you absolutely believe was being abused, especially
- 52:29Speaker 5: with little kids, and you just don't have any points
- 52:31Speaker 5: of corroboration and you believe the kid. And California law
- 52:35Speaker 5: says you can proceed on those, but the only thing
- 52:37Speaker 5: worse than some poor kid getting molested is some poor
- 52:40Speaker 5: kid getting rejected by a jury after they come in
- 52:42Speaker 5: and testify. So those are refusing the ones that you
- 52:45Speaker 5: can't corroborate. It's emotionally taxing, but it's still a critical
- 52:50Speaker 5: part of the job because at the end of the day,
- 52:52Speaker 5: people are presumed innocent and it's a real thing. And,
- 52:54Speaker 5: you know, you got to be, you have to be,
- 52:57Speaker 5: you need smart detectives, smart prosecutors, smart judges, and ultimately
- 53:01Speaker 5: a good jury, you know, and following California law, they get,
- 53:05Speaker 5: they make the right call about 99% of the time,
- 53:07Speaker 5: you know, in those, the jury will come to the
- 53:10Speaker 5: right decision when the case gets that far. But it,
- 53:12Speaker 5: you know, but you gotta be, you gotta be very
- 53:14Speaker 5: careful as a DA on any case.
- 53:16Speaker 3: Okay.
- 53:16Speaker 2: So now let's talk about a case that you did
- 53:19Speaker 2: prosecute back in 2019. um, about a man who was, uh,
- 53:26Speaker 2: was he left for dead or why don't you tell
- 53:29Speaker 2: the story? This is your story. This is your case.
- 53:31Speaker 2: So this is reading a little bit on it. Cause
- 53:33Speaker 2: I knew you were going to tell me about it.
- 53:34Speaker 2: And I'm like, I have so many questions. So let's
- 53:36Speaker 2: just tell the juicy.
- 53:37Speaker 5: This is, yeah, this is a wild one. So this
- 53:39Speaker 5: is when it'd be my last trial as a DA.
- 53:41Speaker 5: So this is a, I got a three part Hulu
- 53:44Speaker 5: docuseries coming out in February.
- 53:46Speaker 2: Oh, okay.
- 53:46Speaker 5: Yeah. Um, and, It is a– this is the Hussein
- 53:51Speaker 5: Nayiri case. So this is a guy who is– California,
- 53:55Speaker 5: when we passed that medical marijuana thing back in the 90s, right?
- 53:59Speaker 5: I don't think it.
- 54:00Speaker 2: Was in the 90s. Oh, the medical was 90s and
- 54:02Speaker 2: then 2000– around like 2008, then it's like.
- 54:06Speaker 5: Just legal.
- 54:06Speaker 2: Yeah, right. Okay.
- 54:08Speaker 5: So here's the trick that nobody knows. That F of
- 54:10Speaker 5: the FDIC that we see on the front of every
- 54:12Speaker 5: bank we go to stands for federal, okay? So marijuana cultivation, sales, use,
- 54:18Speaker 5: all that is straight up legal. It's not decriminalized. It's
- 54:21Speaker 5: legal in the state of California. However, it's still a
- 54:26Speaker 5: federal crime. So what that means is the banks cannot
- 54:30Speaker 5: do business with marijuana dispensaries or marijuana shops. So what
- 54:34Speaker 5: that means is- A lot of cash. There's a lot
- 54:37Speaker 5: of cash. And there's cash. There's a big pile of
- 54:39Speaker 5: cash waiting in those businesses for the successful businesses. At
- 54:42Speaker 5: the end of every workday, there's a pile of money.
- 54:45Speaker 5: And the people in the marijuana world, it's like the
- 54:48Speaker 5: Wild West right now. Still. Still. And there haven't been
- 54:52Speaker 5: a lot of really good solutions to this. And look,
- 54:57Speaker 5: they're one of the biggest investing groups in marijuana businesses
- 55:04Speaker 5: and marijuana in the state of California. A lot of
- 55:06Speaker 5: detectives believe are Mexican drug cartels. So this is not–
- 55:10Speaker 5: it is a very complex dynamic thing to this day.
- 55:14Speaker 5: But the bad guys, so marijuana for decades was just
- 55:17Speaker 5: ruled by criminals, like that whole world. To grow it,
- 55:20Speaker 5: you're a criminal. To sell it, you're a criminal. Like
- 55:22Speaker 5: even to use it for a long time, you're committing crimes.
- 55:25Speaker 5: So when they made it legal, a lot of legitimate
- 55:28Speaker 5: business people saw the opportunity there and they came in
- 55:31Speaker 5: with doing these hydroponic grows. And what it did is
- 55:34Speaker 5: it drove the margins down and you get business people
- 55:36Speaker 5: that come in that are like honoring contracts and paying
- 55:39Speaker 5: people a fair amount and like– Shocking, like they're actually
- 55:43Speaker 5: engaging in fair business practices because they're business people. And
- 55:46Speaker 5: for the criminal element, their margins used to be huge.
- 55:50Speaker 5: And then they get smaller and smaller and smaller, and
- 55:53Speaker 5: they know who's doing well. And, you know, like the
- 55:57Speaker 5: marijuana world, there are unicorn-riding hippies who grow it and
- 56:00Speaker 5: sell it, and that's always been sort of part of it.
- 56:03Speaker 5: But the truth is a lot of the people in
- 56:06Speaker 5: that business, especially before it went legal, were hardened people.
- 56:10Speaker 5: gnarly criminals who committed murders and would rip each other off.
- 56:15Speaker 5: And I mean, one of the most vicious murders I
- 56:16Speaker 5: had was a guy who got murdered in, uh, Irvine
- 56:20Speaker 5: over a $ 7, 000 marijuana debt. And they, they killed him
- 56:24Speaker 5: with a meat cleaver and drove him up to freaking, um,
- 56:28Speaker 5: Humboldt and buried him in a place called Stinky Beach.
- 56:31Speaker 5: I mean, it's just awful. 22 years old. A family
- 56:34Speaker 5: who loved him.
- 56:34Speaker 2: So let's get into this one. So this guy had
- 56:36Speaker 2: his own dispensary.
- 56:37Speaker 5: He has his own dispensary. And he's very successful because
- 56:40Speaker 5: he's one of those business guys. Didn't even use marijuana himself.
- 56:43Speaker 5: But he's running a business.
- 56:46Speaker 2: And it's successful.
- 56:47Speaker 5: He gets kidnapped in the middle of the night. And
- 56:49Speaker 5: these guys pop out of nowhere in his apartment. And
- 56:53Speaker 5: he lives in Newport. He's sharing this townhome with another
- 56:55Speaker 5: guy whose girlfriend was over. So they both wind up
- 56:59Speaker 5: getting kidnapped. But they tie her up. They throw her
- 57:02Speaker 5: in a van. But with him, they wake him up
- 57:05Speaker 5: by beating him with a 12-gauge shotgun. So in the
- 57:08Speaker 5: face with the barrel. And they tie him up. They
- 57:12Speaker 5: take him down out of the stairs face down by
- 57:15Speaker 5: the feet. So his face bumps on every stair like
- 57:18Speaker 5: immediately ultra-violent, super heavy. And they throw him in this van.
- 57:24Speaker 5: And they torture him all the way out. into the desert.
- 57:28Speaker 5: And they had a blowtorch on them. They've got like...
- 57:31Speaker 5: And they get out there and the whole time they're
- 57:33Speaker 5: demanding the million bucks, wherever that comes from. And they...
- 57:39Speaker 5: He keeps telling them the money's in the safe in
- 57:42Speaker 5: the business. And they drive them out into the middle
- 57:44Speaker 5: of the Mojave Desert, in the middle of nowhere.
- 57:46Speaker 2: What were they hoping that he would say, though? Like,
- 57:49Speaker 2: I also don't get.
- 57:50Speaker 5: They ultimately, we learned, they thought that he had buried
- 57:53Speaker 5: money in the desert.
- 57:54Speaker 2: Did some other... criminal tell them that? How did they
- 57:58Speaker 2: get that idea?
- 57:58Speaker 5: Eventually we learned that the mastermind in this had put
- 58:03Speaker 5: trackers on his car and he'd gone out into the
- 58:05Speaker 5: desert on a meaningless real estate trip with some friend
- 58:08Speaker 5: of his and they drove around for a while in
- 58:10Speaker 5: this area and this guy who puts together this super
- 58:13Speaker 5: elaborate plan over months gets it in his head. He
- 58:17Speaker 5: must be burying money in the desert. So they drive
- 58:20Speaker 5: him to those GPS coordinates because he had those and
- 58:24Speaker 5: that's where they believe the money was. There's so many
- 58:26Speaker 5: problems with the conclusion, but that's what they believed. So
- 58:30Speaker 5: it's three men in this van. He's been tortured the
- 58:33Speaker 5: entire way out. And he's like, for the last time,
- 58:35Speaker 5: the money's in the safe. Let's go there. I'll give
- 58:38Speaker 5: you every penny of it. And they say, fuck you.
- 58:41Speaker 5: And they cut off his penis.
- 58:43Speaker 2: While he's alive?
- 58:43Speaker 5: While he's alive.
- 58:45Speaker 2: And does he live?
- 58:46Speaker 5: And he lives. And they take it with them, which
- 58:50Speaker 5: is another thing. The penis? They don't just cut it off.
- 58:53Speaker 2: So there's no way he could. it can be attached
- 58:55Speaker 2: or anything.
- 58:56Speaker 5: There is. And you know, it's funny. I mean, it's,
- 58:59Speaker 5: this is every woman that, that I've talked to about
- 59:02Speaker 5: this case has, it's like, can't they, isn't there something
- 59:04Speaker 5: they can do?
- 59:05Speaker 2: And it's, well, just because– forget about sex. But like
- 59:09Speaker 2: you pee. That just means you're going to be– have
- 59:12Speaker 2: some attachment down there for the rest of your life.
- 59:14Speaker 5: It's like losing an eye.
- 59:15Speaker 2: Yeah.
- 59:16Speaker 5: The poor guy is going to have no nerves. And
- 59:17Speaker 5: they cut it off at the base. It's absolutely horrific.
- 59:20Speaker 5: But they– so basically what happens is they wind up
- 59:23Speaker 5: in the desert. They cut it off. They drive off
- 59:25Speaker 5: into the night. He is in shock. And the girlfriend
- 59:29Speaker 5: who wasn't supposed to be there.
- 59:30Speaker 2: So they leave him in the desert, though.
- 59:31Speaker 5: They leave him in the middle of the desert, bound.
- 59:33Speaker 2: Okay.
- 59:33Speaker 5: Tied up, bound. There's almost no way that this guy
- 59:36Speaker 5: should have lived.
- 59:37Speaker 3: Right.
- 59:37Speaker 2: Okay.
- 59:38Speaker 5: So the girlfriend of his roommate, she manages to– they
- 59:44Speaker 5: throw a knife in the bushes, the knife they used.
- 59:46Speaker 5: She gets to the knife, cuts the bindings off her feet,
- 59:50Speaker 5: can't get the bindings off her hands, which are behind
- 59:52Speaker 5: the back, tries to cut his bindings off, winds up
- 59:54Speaker 5: severely cutting his palm.
- 59:55Speaker 2: Her own boyfriend.
- 59:56Speaker 5: No, no, no. So her boyfriend was out of town.
- 59:59Speaker 5: This is the victim, the male victim's roommate's girlfriend.
- 1:00:03Speaker 2: Right, but he's in the desert. So what are you
- 1:00:06Speaker 2: talking about? Who's the guy she's trying to cut?
- 1:00:08Speaker 5: Sorry. So they kidnapped them together.
- 1:00:11Speaker 2: Oh, she went. She was in the desert too.
- 1:00:13Speaker 5: She was thrown in the van.
- 1:00:15Speaker 2: I thought she was. Oh, sorry, sorry. Okay, continue.
- 1:00:17Speaker 5: So they drive them both out there. But they took
- 1:00:22Speaker 5: her so that she wouldn't be able to call the police.
- 1:00:23Speaker 5: She wasn't a part of their plan. She wasn't even
- 1:00:25Speaker 5: supposed to be in the house. So they take her
- 1:00:27Speaker 5: as like an also add on. They leave him with
- 1:00:31Speaker 5: like middle of nowhere, middle of the night, bleeding, totally exposed.
- 1:00:36Speaker 5: And he's been he has been tortured. Also, they they
- 1:00:38Speaker 5: pour bleach all over him before they drove away, which
- 1:00:42Speaker 5: is forensically significant because bleach destroys DNA. So this is
- 1:00:46Speaker 5: something that immediately stands out to detectives as something that
- 1:00:48Speaker 5: was thought out.
- 1:00:49Speaker 2: Right.
- 1:00:50Speaker 5: But she manages to. get the bindings cut off of
- 1:00:54Speaker 5: her feet. She tries to free him. She can't. She
- 1:00:57Speaker 5: gets the blindfold up just enough that she can see.
- 1:01:00Speaker 5: And off in the distance, she sees lights and begins
- 1:01:04Speaker 5: running barefoot through the open frigging Mojave Desert. And you
- 1:01:10Speaker 5: can't make this up. The very first car she sees
- 1:01:12Speaker 5: is an off-duty sheriff's deputy, Deputy Williams, who's on his
- 1:01:16Speaker 5: way to work in his patrol car. And he sees
- 1:01:18Speaker 5: this woman in her pajamas running, bound, Like duct tape
- 1:01:22Speaker 5: and like stuff all over her head, bound behind with
- 1:01:25Speaker 5: zip ties behind her back, running across the highway. And
- 1:01:29Speaker 5: he stops. And this guy was so good. He takes
- 1:01:31Speaker 5: photos right away. So this whole thing is documented with photos.
- 1:01:35Speaker 5: And then she is able to lead him back to
- 1:01:38Speaker 5: our poor victim. And they immediately do a grid search.
- 1:01:41Speaker 5: And like they take him to the hospital. But everybody
- 1:01:44Speaker 5: that– the responding cops, they do what's called a grid
- 1:01:47Speaker 5: search where they're looking literally through every inch of the area.
- 1:01:50Speaker 5: And they realize that these guys took it with them. So,
- 1:01:53Speaker 5: and this is cool. They do a canvas. And we
- 1:01:56Speaker 5: have nothing. He has no idea who would do this
- 1:01:58Speaker 5: to him, our poor victim. And this is like unbelievably cool, right?
- 1:02:02Speaker 5: And they do a canvas around the apartment where the
- 1:02:06Speaker 5: kidnapping happened. And a canvas is basically where they just
- 1:02:08Speaker 5: knock on the doors of neighbors. And you almost never
- 1:02:11Speaker 5: get anything on a canvas. It's like a due diligence
- 1:02:13Speaker 5: to say that you did it, that you did everything
- 1:02:14Speaker 5: you could. And people want to help. So it's like, yeah,
- 1:02:16Speaker 5: I heard somebody screaming down the street, but it might
- 1:02:18Speaker 5: have been my neighbor's loud wife or whatever. I did
- 1:02:20Speaker 5: hear a noise, but it could have been raccoons in
- 1:02:22Speaker 5: the trash can. What you get is you get a
- 1:02:25Speaker 5: bunch of red herrings that suck up a lot of resources,
- 1:02:28Speaker 5: and you almost never get anything good. And they talk
- 1:02:30Speaker 5: to a woman who's one of the neighbors across the
- 1:02:34Speaker 5: alley behind the house. And she's like, they knock on
- 1:02:38Speaker 5: the door, and she's like, you know, I did see
- 1:02:40Speaker 5: something weird. I saw three boys in yellow hard hats,
- 1:02:43Speaker 5: but the hard hats looked too clean to be real.
- 1:02:45Speaker 5: And I saw them put a ladder against that house.
- 1:02:48Speaker 5: but I didn't see two of them come out. And
- 1:02:50Speaker 5: they're like, you know, that's like potentially home run of
- 1:02:53Speaker 5: home runs. And they're like, please tell us you can
- 1:02:55Speaker 5: describe the car they're using. And she's like, well, I
- 1:02:58Speaker 5: wrote down the license plate. Will that help? And these,
- 1:03:01Speaker 5: can I swear?
- 1:03:02Speaker 3: Oh, yeah, yeah, yeah.
- 1:03:03Speaker 5: These dipshits, these dipshits had a rented van and they
- 1:03:08Speaker 5: went to all of these elaborate lengths to hide their
- 1:03:11Speaker 5: identity and to put this plan together that went on
- 1:03:14Speaker 5: for months. There's this planning. And on this one day,
- 1:03:18Speaker 5: One of these guys was a mastermind, really, really smart guy,
- 1:03:23Speaker 5: Hussein Nayer, who put the whole thing together. The rest
- 1:03:26Speaker 5: of them were basically idiots. And one of these idiots
- 1:03:29Speaker 5: used his own truck. So with his license plate, we
- 1:03:32Speaker 5: show up at his house. The first thing the cops
- 1:03:34Speaker 5: smell is bleach. And then we start finding zip ties
- 1:03:37Speaker 5: that match. And they find a blue nitrile glove underneath
- 1:03:41Speaker 5: his car seat. And we send everything into the crime lab.
- 1:03:47Speaker 5: And we get So we arrest him.
- 1:03:49Speaker 2: Did you find the penis?
- 1:03:50Speaker 5: No, never. So they took it with them, which is like,
- 1:03:54Speaker 5: which full circle I did eventually get to ask this
- 1:03:58Speaker 5: guy about. But this is a, I almost don't want
- 1:04:01Speaker 5: to blow the ending here, but what happens is, so
- 1:04:04Speaker 5: we arrest the burnout idiot that drove his own truck
- 1:04:08Speaker 5: and we were prosecuting him. The mastermind has fled back
- 1:04:12Speaker 5: to Iran where he's originally from. He grew up here.
- 1:04:15Speaker 5: He's an American guy. He was in the Marines for
- 1:04:16Speaker 5: about a minute before he went AWOL. But he's an
- 1:04:19Speaker 5: American kid, but he's got Iranian citizenship. And he's got
- 1:04:23Speaker 5: family back there. So he flees back to Iran. And
- 1:04:27Speaker 5: he's gotten away. So the conventional move on that is
- 1:04:29Speaker 5: you issue a warrant and you hope one day he's
- 1:04:32Speaker 5: dumb enough to come back to the United States. But
- 1:04:35Speaker 5: we wanted to catch him because it was one of
- 1:04:37Speaker 5: the cruelest cases I saw in 26 years as a prosecutor.
- 1:04:41Speaker 5: So his wife was a law student. And their family
- 1:04:46Speaker 5: hired a guy named Lou Rosenblum, who was my mentor.
- 1:04:49Speaker 5: He brought me into homicide. He's one of the best
- 1:04:51Speaker 5: lawyers I've ever known. He's one of the best humans.
- 1:04:54Speaker 5: And Lou wants to save her because she's up to
- 1:04:56Speaker 5: her eyeballs in this thing too. And Lou begins plotting.
- 1:05:01Speaker 5: And he was the head of the homicide unit. He's
- 1:05:03Speaker 5: a hunter. Like he loves to catch the bad guy.
- 1:05:06Speaker 5: And so here Lou has this young woman. who was
- 1:05:10Speaker 5: in this horrifically abusive relationship with this guy. Her family
- 1:05:13Speaker 5: didn't even know they were married, and she comes from
- 1:05:14Speaker 5: a very good family out of Fresno, and he can
- 1:05:19Speaker 5: save her from incredible legal jeopardy because she was looking
- 1:05:22Speaker 5: at potentially life in prison.
- 1:05:24Speaker 2: Why would she?
- 1:05:25Speaker 5: Because she was on the periphery of this conspiracy. There's
- 1:05:28Speaker 5: a thing you learn in law school called wagon wheel
- 1:05:30Speaker 5: conspiracies where if you do anything to aid, abet, or
- 1:05:33Speaker 5: facilitate— Is.
- 1:05:34Speaker 2: That what they mean with, like, let's circle the wagons?
- 1:05:37Speaker 5: Well, kind of, yeah. So in the middle, you can
- 1:05:39Speaker 5: have one person that's running the whole thing. Every wagon wheel,
- 1:05:43Speaker 5: even though the wagon, I'm sorry, even every spoke of
- 1:05:46Speaker 5: the wagon wheel, even though the spokes might not even
- 1:05:48Speaker 5: know the other spokes exist, if you're helping the hub
- 1:05:51Speaker 5: in any way, you're on the hook. And it's an
- 1:05:54Speaker 5: ancient legal concept. It's not unique to California. So basically
- 1:05:57Speaker 5: conspiracy law. If you help somebody knowingly in any way
- 1:06:01Speaker 5: in a criminal enterprise, even if you don't know the
- 1:06:03Speaker 5: full scope of the conspiracy, you don't know who the
- 1:06:05Speaker 5: other conspirators are, If you do anything to assist, you
- 1:06:09Speaker 5: face legal jeopardy for that. And she– I've never believed
- 1:06:13Speaker 5: that she was a full-blown planner in this. And the
- 1:06:17Speaker 5: more we learned about the abusive nature of the relationship,
- 1:06:20Speaker 5: the more sympathy I had for her. My co-counsel, Heather Brown,
- 1:06:23Speaker 5: the detective. And so basically she's– like she– there was
- 1:06:29Speaker 5: a high-speed chase involving this car that was in her
- 1:06:33Speaker 5: name like a week before the kidnapping. And it was
- 1:06:38Speaker 5: still an impound and she went to go get it.
- 1:06:40Speaker 5: And that had a bunch of this surveillance equipment in it.
- 1:06:43Speaker 5: And she signed this thing indicating she, it was her car.
- 1:06:46Speaker 5: She knew who's driving it. Like, you know, and she
- 1:06:49Speaker 5: reported it stolen, but it's, she faced great legal jeopardy
- 1:06:52Speaker 5: and she was, she was a life worth saving. And
- 1:06:54Speaker 5: the job of a prosecutor really is to do justice, right?
- 1:06:57Speaker 5: So if you got somebody that, that doesn't deserve the
- 1:07:00Speaker 5: full weight of the lot of land on them, you
- 1:07:02Speaker 5: have to show discretion in that. You have to, you
- 1:07:06Speaker 5: have to, recognize points of mitigation. And so her husband's
- 1:07:09Speaker 5: a psycho who has been abusing her for years. And
- 1:07:12Speaker 5: we've got corroborating domestic violence call outs to their house. And,
- 1:07:16Speaker 5: you know, and she is clearly not the heavy in this.
- 1:07:20Speaker 5: And he but he's gone away. So Lucy is an opportunity.
- 1:07:23Speaker 5: And it's like, you know, maybe, you know, we can
- 1:07:25Speaker 5: save her life and catch the bad guys. So we
- 1:07:28Speaker 5: wind up enlisting her to lure him out of Iran.
- 1:07:32Speaker 5: It took us almost a year.
- 1:07:34Speaker 2: Of her to just be like, I'm so in love
- 1:07:36Speaker 2: with you and I miss you.
- 1:07:37Speaker 5: All of that. We sent her to her uncle's funeral.
- 1:07:39Speaker 5: And it's an incredible story. Never gotten to do anything
- 1:07:42Speaker 5: this cool probably my whole time as a prosecutor. And
- 1:07:44Speaker 5: then we wind up buying a ticket for her post-bar
- 1:07:50Speaker 5: trip that she'd been talking about taking with his sister.
- 1:07:53Speaker 5: Who didn't know we were doing any of this.
- 1:07:54Speaker 2: She passed the bar?
- 1:07:55Speaker 5: Passed the bar.
- 1:07:56Speaker 2: So she was a lawyer too?
- 1:07:58Speaker 5: She was in law school when all this went down.
- 1:07:59Speaker 2: Oh my God.
- 1:08:00Speaker 5: And then we, we went to bat for her with
- 1:08:02Speaker 5: the state bar because she was under investigation. we really,
- 1:08:06Speaker 5: and I, and Lou, she, she owes a debt of
- 1:08:08Speaker 5: gratitude to Lou Rosenblum that I don't think she will
- 1:08:10Speaker 5: ever fully appreciate or repay because that guy saved her
- 1:08:14Speaker 5: life because she was on, she was on the short
- 1:08:16Speaker 5: bus to state prison because this is such a horrific crime.
- 1:08:19Speaker 5: There was, Everybody was going down in one way or another,
- 1:08:22Speaker 5: but the main guy had gotten away. And Iran is
- 1:08:26Speaker 5: never going to accelerate back to the United States. So
- 1:08:28Speaker 5: by the time we were able to identify him based
- 1:08:30Speaker 5: on the DNA from the glove, which took weeks, he
- 1:08:33Speaker 5: was in Iran within days.
- 1:08:35Speaker 2: I have a question. There are certain countries that people
- 1:08:38Speaker 2: go to because even if you are like, this person's
- 1:08:43Speaker 2: up for murder, they're like, we don't care. We don't cooperate.
- 1:08:46Speaker 2: We don't send them back. Why... What are those countries?
- 1:08:50Speaker 2: Are there a handful of them or are there like
- 1:08:52Speaker 2: 50 of them? And why do some countries, why do
- 1:08:56Speaker 2: they want the potential murder? I would be like, what?
- 1:08:59Speaker 2: Here you go.
- 1:09:00Speaker 5: It's a great question. And look, there are countries that
- 1:09:03Speaker 5: just to kind of stick their thumb in the eye
- 1:09:05Speaker 5: of the U.S., like Cuba, Venezuela, Iran, probably even, I mean,
- 1:09:12Speaker 5: maybe I'm sure Russia now. So there are countries that
- 1:09:14Speaker 5: are basically at diplomatic war with the United States. There
- 1:09:19Speaker 5: are geopolitical adversaries, enemies, whatever. So they won't extradite anybody.
- 1:09:25Speaker 5: And so you have all those dissonance that went to
- 1:09:27Speaker 5: Cuba in the 60s, like the LA radical terrorists that
- 1:09:30Speaker 5: were blowing stuff up. But he was able to go
- 1:09:36Speaker 5: to Iran. And they wouldn't just blanket accept a child
- 1:09:39Speaker 5: molester who fled. But counterintuitively, so part of this was,
- 1:09:44Speaker 5: as we put this whole plan together, were communicating with
- 1:09:49Speaker 5: the FBI in various places and proving that there's at
- 1:09:53Speaker 5: least one person with a sense of humor in the FBI,
- 1:09:55Speaker 5: which I've doubted many times. They call themselves Task Force
- 1:09:58Speaker 5: Welcome Home. So the people that are out there to
- 1:10:01Speaker 5: repatriate violent criminals back to the United States, they call
- 1:10:04Speaker 5: themselves the Welcome Home Unit, which is funny and kind
- 1:10:08Speaker 5: of cool. So this guy, I got a whole education
- 1:10:11Speaker 5: on it. So we're going to fly him out of
- 1:10:14Speaker 5: Iran to Spain, which is where they'd been talking about this,
- 1:10:18Speaker 5: and we want to route him someplace that we can
- 1:10:20Speaker 5: throw a net on him and catch him, right?
- 1:10:22Speaker 2: A literal net?
- 1:10:23Speaker 5: Well, no. Okay. No, a cooler net, like this one
- 1:10:28Speaker 5: involved police dogs and big cops with mustaches. Yeah. So
- 1:10:33Speaker 5: he's like, look, and counterintuitively here, you know one of
- 1:10:37Speaker 5: the worst countries to extradite back to the United States?
- 1:10:40Speaker 5: The U.K. The U.K. is a pain in the ass.
- 1:10:44Speaker 5: And they think that we're savages and our legal system,
- 1:10:48Speaker 5: even though it's based on common law. And that's where
- 1:10:52Speaker 5: your question really is. I don't know why the U.K.
- 1:10:54Speaker 5: is in love with all of our child molesters, but
- 1:10:56Speaker 5: there are so many in the U.K. right now living
- 1:10:59Speaker 5: freely that have escaped the United States that are dragged
- 1:11:02Speaker 5: down in extradition proceedings. Wow. I didn't know that. France
- 1:11:06Speaker 5: is bad. Spain is bad. Like, yeah. I mean, there
- 1:11:10Speaker 5: was a guy who murdered Einhorn, who was a radical
- 1:11:12Speaker 5: in the 60s, who murdered his girlfriend. And he was
- 1:11:15Speaker 5: like an academic, like Vietnam War protester guy. And he
- 1:11:18Speaker 5: sat in France for decades before we found out about France.
- 1:11:21Speaker 2: Where did Roman Polanski end up?
- 1:11:22Speaker 5: France.
- 1:11:23Speaker 4: Oh.
- 1:11:23Speaker 5: Yes.
- 1:11:24Speaker 3: Yes.
- 1:11:24Speaker 5: So there are all these countries that will, there's countries
- 1:11:27Speaker 5: that just won't extradite. And then there's others that are
- 1:11:30Speaker 5: massive pains in the ass.
- 1:11:31Speaker 2: And it's scary for the people that live in France
- 1:11:33Speaker 2: and England. Well, not only that.
- 1:11:35Speaker 5: It's a huge slap in the face to the victims
- 1:11:37Speaker 5: of violence.
- 1:11:38Speaker 2: Yeah.
- 1:11:39Speaker 5: Wow. So anyway, so we get him in the Czech
- 1:11:41Speaker 5: Republic because all the former Soviet bloc countries apparently love
- 1:11:45Speaker 5: the U.S. and trust our judicial system, for fairness. So
- 1:11:49Speaker 5: we get him in the Czech Republic. He winds up
- 1:11:51Speaker 5: spending a year in solitary confinement in a prison built
- 1:11:54Speaker 5: by the Nazis during World War II. And then we
- 1:11:57Speaker 5: extradite him. We get him back Everything is good. Full
- 1:12:01Speaker 5: steam ahead. We've already prosecuted Hanley. We got everybody in
- 1:12:03Speaker 5: the conspiracy.
- 1:12:04Speaker 2: So you already had the two other guys.
- 1:12:07Speaker 5: We got we got everybody involved in this. And we've
- 1:12:10Speaker 5: got in various stages of like, you know, we worked
- 1:12:13Speaker 5: some immunity deals with some like and, you know, we're
- 1:12:15Speaker 5: and others are doing less time.
- 1:12:17Speaker 2: And this guy of the three, he was there hurting him, too.
- 1:12:22Speaker 2: Or was he just the mastermind?
- 1:12:23Speaker 5: We've always believed he was the he was the movement shaker.
- 1:12:26Speaker 5: He's the mastermind of the whole thing. And we proved
- 1:12:29Speaker 5: he was the mastermind.
- 1:12:30Speaker 2: Of the whole thing. But you don't know if he
- 1:12:32Speaker 2: was there that night?
- 1:12:33Speaker 5: No, I know that he is. In one of the
- 1:12:36Speaker 5: interviews we did of one of his co-conspirators, the co-conspirator
- 1:12:39Speaker 5: flat out said he's the one that cut off the penis.
- 1:12:41Speaker 2: Oh, so he was there.
- 1:12:42Speaker 5: No, we have information. We didn't introduce that into evidence,
- 1:12:44Speaker 5: but that is as a matter of empirical truth here,
- 1:12:48Speaker 5: whoever is ever watching this, I've got that tape. One
- 1:12:51Speaker 5: of the co-defendants pointed his finger at him. And when
- 1:12:54Speaker 5: you look at the background of all these guys, this
- 1:12:56Speaker 5: guy was He was a really smart guy and he
- 1:12:58Speaker 5: was in the marijuana world and he just wasn't making
- 1:13:01Speaker 5: the margins and all of that stuff. And he was
- 1:13:04Speaker 5: also involved in a homicide, a voluntary or involuntary manslaughter
- 1:13:08Speaker 5: of a friend of his that he did in a
- 1:13:10Speaker 5: rollover car accident and killed him, you know, accidentally, but
- 1:13:13Speaker 5: like driving recklessly, you know. So we get him back
- 1:13:17Speaker 5: in Orange County Jail. All is well. Takes us probably
- 1:13:20Speaker 5: two years later and I get a call from the
- 1:13:23Speaker 5: sheriff's department that They had a count, which is when
- 1:13:27Speaker 5: they count the prisoners. And he was classified as what's
- 1:13:30Speaker 5: known as a white bander, which is like DUI guys
- 1:13:33Speaker 5: or misdemeanor domestic violence guys. Somehow this manipulative mother effer
- 1:13:38Speaker 5: convinced them that he was not a risk. This is
- 1:13:40Speaker 5: a guy who's fled to Iran. Takes us like over
- 1:13:42Speaker 5: a year to catch this guy. And he has escaped
- 1:13:46Speaker 5: from the Orange County Jail. And when he escaped, he
- 1:13:48Speaker 5: left my photo on his bunk. He had a photo
- 1:13:52Speaker 5: of me and my co-counsel, Heather Browne. On his bunk.
- 1:13:56Speaker 5: And he had tunneled out, like literally escaped from Alcatraz
- 1:14:00Speaker 5: through a vent in this dorm with 50 other prisoners.
- 1:14:03Speaker 5: Took them months. They got hacksaws. They hacksawed through a
- 1:14:06Speaker 5: bunch of bars.
- 1:14:06Speaker 2: Just like that movie where they would, yeah.
- 1:14:08Speaker 5: Just like the movie.
- 1:14:08Speaker 2: Do a little every night.
- 1:14:10Speaker 5: Just like the movie. It's like Shawshank Redemption meets Escape
- 1:14:14Speaker 5: from Alcatraz, only way less sympathetic characters. And he escaped
- 1:14:18Speaker 5: with two other guys that were charged with murder. And
- 1:14:22Speaker 5: they rappelled off the roof, got a cab driver. Went up,
- 1:14:25Speaker 5: and I am convinced this guy, it was like 18
- 1:14:29Speaker 5: hours between the time he was actually out and the
- 1:14:31Speaker 5: time they missed him in the first count. It was like,
- 1:14:34Speaker 5: because these are the least secure prisoners. Like, if you're
- 1:14:36Speaker 5: a white bander, you're a misdemeanor, basically. Then it goes yellow, orange, red,
- 1:14:41Speaker 5: and then blue. All the way up through, like, blue
- 1:14:43Speaker 5: is medical, but red bander's the most dangerous. Like, this
- 1:14:46Speaker 5: guy should have been a friggin' red bander the second
- 1:14:48Speaker 5: he walked in. But they gave him a white band
- 1:14:50Speaker 5: designation because he's so, you know.
- 1:14:52Speaker 2: He's so manipulative.
- 1:14:53Speaker 5: Did they find him?
- 1:14:55Speaker 2: Or do you want to save it and make everybody.
- 1:14:57Speaker 5: Read your book? No, I'll do the big reveal. Hopefully,
- 1:15:00Speaker 5: there's a lot more in the book. But no, we
- 1:15:02Speaker 5: get him. And then he's captured a week later. All
- 1:15:05Speaker 5: you need to do is head south. Iran has an
- 1:15:08Speaker 5: embassy in Tijuana. And they don't check IDs when you
- 1:15:10Speaker 5: go south. You can drive across the border. All you
- 1:15:13Speaker 5: need to do is go south. And instead, they went north.
- 1:15:16Speaker 5: And we went and recaptured all the guys. They were
- 1:15:19Speaker 5: in San Francisco. They were busted in a van in
- 1:15:22Speaker 5: Golden Gate Park smoking weed. And yeah, it's like Lou
- 1:15:26Speaker 5: kept calling it 95% genius, 5% pure dipshittery. It's like
- 1:15:31Speaker 5: all the planning. And then he figures the money's in
- 1:15:34Speaker 5: the desert because of the GPS.
- 1:15:35Speaker 2: Coins that are one day. Yeah, let's just go join
- 1:15:37Speaker 2: San Fran.
- 1:15:38Speaker 5: They won't look there. All he has to do is
- 1:15:39Speaker 5: go south, show up in the mirror. And like, I
- 1:15:41Speaker 5: was convinced he was, he should have escaped. The guy
- 1:15:45Speaker 5: we outsmarted, outsmarted us. So anyway, we wound up on
- 1:15:48Speaker 5: the stand in my last trial and I'm cross-examining him.
- 1:15:51Speaker 5: And that was my final question was, we're all wondering, man,
- 1:15:55Speaker 5: why not just leave it there? So the poor guy
- 1:15:58Speaker 5: at least has a chance to reattach it. Why not?
- 1:16:01Speaker 5: And he, and he, it's called flashing where you get the,
- 1:16:04Speaker 5: the guy accused of the violent crime to get super angry.
- 1:16:06Speaker 5: And he freaking threatened me from the stand in between
- 1:16:10Speaker 5: a superior court judge and the jury that's going to
- 1:16:12Speaker 5: decide his fate. And he's like, you, you are done.
- 1:16:14Speaker 5: And he knew, he knew what we had done. We
- 1:16:18Speaker 5: turned his wife against him. We like, we, and, and
- 1:16:20Speaker 5: that itself was just the process. Like that, I'd never
- 1:16:24Speaker 5: heard of anything like that. And we, but we did
- 1:16:26Speaker 5: it and we caught this guy and, and he hated me.
- 1:16:29Speaker 5: He like personalized a lot of it. And so he
- 1:16:32Speaker 5: is just like, he's like, you, you are done. I'm like,
- 1:16:35Speaker 5: I'm done. What do you mean I'm done? He's like,
- 1:16:36Speaker 5: you personally, you're done. Super menacing, which is what you
- 1:16:40Speaker 5: want when you're like trying to draw it out. And
- 1:16:41Speaker 5: then to the jury, it's like, ladies and gentlemen, think
- 1:16:43Speaker 5: about this. He's threatening me. I'm a senior deputy district
- 1:16:48Speaker 5: attorney in a superior court, literally in between a superior
- 1:16:51Speaker 5: court judge and you, and we're surrounded by armed police
- 1:16:55Speaker 5: officers and bailiffs. Imagine what that guy is like in
- 1:16:57Speaker 5: the back of a van when he's not getting the
- 1:16:59Speaker 5: million bucks that he's fantasized he's about to get. Like,
- 1:17:03Speaker 5: is that the type of guy who would cut off
- 1:17:05Speaker 5: a penis when he, you know, like, and it's, I mean,
- 1:17:09Speaker 5: the trial itself was so wild and he was convicted
- 1:17:11Speaker 5: and he's been sentenced to life without possibility in California
- 1:17:14Speaker 5: state prison. And hopefully- He will never get out.
- 1:17:17Speaker 2: Wow.
- 1:17:18Speaker 5: Yeah.
- 1:17:19Speaker 2: Well, so that's on Hulu this month, but you can
- 1:17:22Speaker 2: also read about it in the book. Listen, tell everybody
- 1:17:25Speaker 2: where they can get the book and what else you
- 1:17:27Speaker 2: have going on.
- 1:17:28Speaker 5: Yeah.
- 1:17:28Speaker 2: The Hulu thing, you don't know. It's in February. It's
- 1:17:31Speaker 2: coming up.
- 1:17:31Speaker 5: It's coming out in February. Yeah. I think it comes
- 1:17:35Speaker 5: out on the 7th.
- 1:17:37Speaker 4: Okay.
- 1:17:37Speaker 5: I don't think they've made a final determination, but it's
- 1:17:40Speaker 5: coming out soon.
- 1:17:41Speaker 2: Great.
- 1:17:41Speaker 5: We will be watching. Yeah. So- So the book is
- 1:17:45Speaker 5: available on Amazon. Barnes & Noble, I just found, and
- 1:17:48Speaker 5: this is cool, they've run out of copies in their warehouses.
- 1:17:50Speaker 2: Wow.
- 1:17:51Speaker 5: So that's pretty good to hear. The Audible also, I
- 1:17:55Speaker 5: narrated it myself. I don't get it because I hate
- 1:17:59Speaker 5: the sound of my own voice, but that's done really well.
- 1:18:01Speaker 5: People seem to really like the Audible. You can download
- 1:18:04Speaker 5: that on Audible, on Amazon. And then one of the chapters,
- 1:18:08Speaker 5: one last final thing, is on my Dating Game Killer case.
- 1:18:11Speaker 5: Anna Kendrick has a movie right now.
- 1:18:13Speaker 2: Oh, yes. I have it right here.
- 1:18:14Speaker 5: Go ahead. She has a movie.
- 1:18:16Speaker 2: I watched it. It was great.
- 1:18:16Speaker 5: Called Woman of the Hour. And she brought me in
- 1:18:19Speaker 5: as a consultant. Danny Lovato is the actor on that.
- 1:18:22Speaker 5: I had to deal with Alcala in court every day
- 1:18:25Speaker 5: because he represented himself. And that actor did such a
- 1:18:28Speaker 5: phenomenal job.
- 1:18:29Speaker 2: Oh, really?
- 1:18:30Speaker 5: Absolutely fantastic. And they brought me in. For anybody who's wondering,
- 1:18:34Speaker 5: Anna Kendrick is lovely. I loved dealing with her. She
- 1:18:38Speaker 5: was absolutely fantastic. That's nice to hear. And I just,
- 1:18:41Speaker 5: it was such a good experience overall. They let me
- 1:18:43Speaker 5: come to the set.
- 1:18:44Speaker 2: Meanwhile, she had a little bit of a, there's been
- 1:18:47Speaker 2: some weird videos of her and Blake.
- 1:18:49Speaker 5: Oh, absolutely. did not know that.
- 1:18:50Speaker 2: Because they did a show called A Simple Favor, which
- 1:18:52Speaker 2: is a great movie, too. But it's interesting to hear, like,
- 1:18:57Speaker 2: Blake does not have a good reputation about people who've
- 1:19:00Speaker 2: worked with her on set. But Anna does. So that's
- 1:19:03Speaker 2: sort of.
- 1:19:04Speaker 5: Anna was fantastic. And very quick, funny story. She invites
- 1:19:08Speaker 5: me to the premiere.
- 1:19:09Speaker 3: Yeah.
- 1:19:09Speaker 5: So I get, I get, I, and I, I almost,
- 1:19:12Speaker 5: I was going to do an interview. They asked me
- 1:19:14Speaker 5: to do an interview for entertainment tonight or one of those,
- 1:19:17Speaker 5: one of the dailies and they wouldn't let me on
- 1:19:19Speaker 5: the red carpet. The bouncer wouldn't let me on because
- 1:19:21Speaker 5: I'm by myself and apparently looked like I did not belong.
- 1:19:25Speaker 5: Finally talked my way out of that. But then I
- 1:19:26Speaker 5: wound up sitting in between people that turned out to
- 1:19:29Speaker 5: be Anna Kendrick's agent on one side of me and
- 1:19:33Speaker 5: her manager on the other. And the manager is, turns
- 1:19:36Speaker 5: to me and she has no idea who i am
- 1:19:38Speaker 5: and she's like it's like so and i'm i'm with
- 1:19:40Speaker 5: like the the heavyweights right yeah and and she goes
- 1:19:43Speaker 5: so who are you again and i'm like i was
- 1:19:46Speaker 5: the prosecutor on the case and she's like oh oh
- 1:19:48Speaker 5: and then that's it and then movie ends she's on
- 1:19:51Speaker 5: her feet and out and then so i go they
- 1:19:53Speaker 5: had the the after party and this is the day
- 1:19:55Speaker 5: yeah it's a premiere this is super fun for me
- 1:19:57Speaker 5: i'm by.
- 1:19:57Speaker 2: Myself yeah of course but if anyone yeah and.
- 1:20:00Speaker 5: I go in and and and then Anna shows up
- 1:20:03Speaker 5: and I got to work with her a bunch and
- 1:20:05Speaker 5: really kind of got to be friends, you know, like,
- 1:20:08Speaker 5: and we kind of hit it off and she's smart
- 1:20:11Speaker 5: as hell, funny as can be. And I really kind
- 1:20:14Speaker 5: of felt like I made like a new friend. So
- 1:20:16Speaker 5: she comes in, she's like, take me to the bar
- 1:20:19Speaker 5: and let's get a drink. And I go in and
- 1:20:20Speaker 5: then she starts introducing me to people. And I've got
- 1:20:23Speaker 5: this like semi-circle around and they're like, so what was
- 1:20:26Speaker 5: he really like? And I'm talking about dealing with rodent alcohol.
- 1:20:28Speaker 5: And this woman, the manager comes back and she's like, wait,
- 1:20:31Speaker 5: who are you again? And I'm like, I told you
- 1:20:33Speaker 5: I was the prosecutor on the case. She goes, I
- 1:20:36Speaker 5: thought you were like a prosecutor from some scene that
- 1:20:39Speaker 5: we cut because you didn't make the movie.
- 1:20:41Speaker 2: Oh, an actor.
- 1:20:42Speaker 5: I thought you finangled your way in as like some
- 1:20:44Speaker 5: cheeseball actor. I'm like, yeah, I got it written all
- 1:20:47Speaker 5: over my face. And I'm like, no, it's the actual
- 1:20:49Speaker 5: prosecutor on the case. And it was, that was such
- 1:20:52Speaker 5: a good experience from beginning to end. And I, she was,
- 1:20:55Speaker 5: I brought her down and introduced her to the lead
- 1:20:57Speaker 5: detective who's a spirit court judge and a friend of mine.
- 1:21:00Speaker 5: And she was like fricking smart and had all like,
- 1:21:04Speaker 5: she was asking questions of us that like 20 year
- 1:21:07Speaker 5: detectives ask when you're, when you're sitting there at lunch going,
- 1:21:10Speaker 5: what do you think these guys think? Or what's the rule?
- 1:21:12Speaker 5: Like she was already at that level and she just
- 1:21:15Speaker 5: really wanted to understand it. I was blown away by it.
- 1:21:17Speaker 5: And one of those things that we all wonder, it's like,
- 1:21:21Speaker 5: who would get in the car with the serial killer?
- 1:21:22Speaker 5: You know, who would be dumb enough to like go
- 1:21:25Speaker 5: into the woods with this guy. And then when you
- 1:21:27Speaker 5: actually deal with them, okay. Like, like with Rodney, five
- 1:21:31Speaker 5: minutes after dealing with him on the first day after
- 1:21:33Speaker 5: he went pro-pro representing himself, it's like, that's why. Because
- 1:21:36Speaker 5: you get that... Yeah, like a Ted Bundy, yeah. You
- 1:21:39Speaker 5: get the Ted Bundy, you get that hard dose of
- 1:21:41Speaker 5: superficial charm.
- 1:21:42Speaker 2: Right.
- 1:21:43Speaker 5: And it's like, which is one of the most fascinating
- 1:21:45Speaker 5: things about serial killers in general, but this actor friggin'
- 1:21:49Speaker 5: nailed it.
- 1:21:50Speaker 2: Yeah.
- 1:21:50Speaker 5: And he did such a good job, and you saw it,
- 1:21:53Speaker 5: of going from that charming guy to going dark. And
- 1:21:56Speaker 5: that was Rodney Alcala, and that movie was... phenomenal.
- 1:22:00Speaker 2: I really, really good.
- 1:22:01Speaker 3: Yeah.
- 1:22:02Speaker 5: So anyway, it's a chapter out of the book for everybody.
- 1:22:04Speaker 2: Get, get the book or the audio. And then we're
- 1:22:07Speaker 2: going to watch the three part on the Hulu. Now
- 1:22:09Speaker 2: that we know something about it, it'll be that much
- 1:22:11Speaker 2: more interesting to watch.
- 1:22:13Speaker 1: Thank you.
- 1:22:14Speaker 4: Okay.
- 1:22:14Speaker 2: Well now we, we have even more, we want to discuss,
- 1:22:18Speaker 2: but the time is up. So that is going to
- 1:22:20Speaker 2: be over on my Patreon. You go to heathermcdoll.net, join Patreon,
- 1:22:24Speaker 2: and you can see the tier that includes Juicy Crimes,
- 1:22:27Speaker 2: and that will be, we will cover Luigi, we will
- 1:22:30Speaker 2: cover Epstein, we will cover P. Diddy, and so much more.
- 1:22:35Speaker 2: That is all over on the Patreon. The car is beautiful.
- 1:22:40Speaker 2: Where did you end up going for it? This exclusive
- 1:22:43Speaker 2: place that Dad has connections with. They have more cars
- 1:22:45Speaker 2: for more dealerships than like anywhere else. You have to
- 1:22:48Speaker 2: put me in touch. What's it called? It's Dune ADL.
- 1:22:52Speaker 4: Where?
- 1:22:53Speaker 2: Dune ADL. There's an accent on the E. Do you mean... Yes,
- 1:22:58Speaker 2: I got it on Done Deal Cars. Lift, please. Are
- 1:23:01Speaker 2: you going past Kimmage? Oh, Kimmage.
- 1:23:04Speaker 5: No.
- 1:23:05Speaker 2: Done Deal Cars. You couldn't possibly go anywhere else.