Latest / NO FILTER / OnlyFans model found dead in bathtub_ Woman allegedly stabs boyfriend to death(MP3_160K)
Transcript
- 0:00Speaker 1: A word of warning. This podcast explores graphic and disturbing
- 0:03Speaker 1: stories and includes some strong language. It therefore may not
- 0:07Speaker 1: be suitable for our young listeners or other folks who
- 0:11Speaker 1: may find it disturbing. Hello and welcome to True Crime News,
- 0:14Speaker 1: the podcast covering high profile and under the radar cases
- 0:17Speaker 1: from across the country. Every week. I'm your host, Ana Garcia.
- 0:22Speaker 1: Our cases This week, what is going on with the
- 0:26Speaker 1: women on Only Fans. One has just been found dead
- 0:30Speaker 1: in a bathtub. Police suspect foul play and she was
- 0:34Speaker 1: last seen alive with a famous rapper. And another OnlyFans
- 0:39Speaker 1: model has been sitting in jail for three years awaiting
- 0:43Speaker 1: her day in court. She is accused of killing her boyfriend.
- 0:48Speaker 1: We are recording this on Friday, November seventh of twenty
- 0:50Speaker 1: twenty five. Our guest today is Rachel Fassay, an attorney
- 0:54Speaker 1: based in Los Angeles, a legal analyst, and a dear
- 0:57Speaker 1: friend of the show. Rachel, how are you welcome back?
- 1:00Speaker 2: Thanks so much for having me. All is well, It's
- 1:03Speaker 2: great to see you.
- 1:05Speaker 1: Excellent, excellent. I always love your take on things because
- 1:08Speaker 1: you practice so many different levels of law, and you've
- 1:14Speaker 1: had some of the most interesting clients I've ever heard
- 1:16Speaker 1: of that. You always bring this incredible perspective. So I'm
- 1:20Speaker 1: just so happy you're here for these two cases.
- 1:23Speaker 3: They're certainly interesting, similar yet very different, exactly exactly.
- 1:28Speaker 1: So we're discussing these two cases because of the connection
- 1:31Speaker 1: to only fans. Both women were models, one is dead
- 1:35Speaker 1: and one is in jail. So first we're going to
- 1:39Speaker 1: discuss an influencer who was found dead in a hotel
- 1:43Speaker 1: bathtub in Kowala, Lampur, Malaysia. Authorities have launched a murder
- 1:48Speaker 1: investigation into the death of a popular Taiwanese influencer, thirty
- 1:53Speaker 1: one year old Iris shay Now. Her body was found
- 1:57Speaker 1: in a bathtub in a hotel. Taiwan News Plus reports
- 2:02Speaker 1: that police in Malaysia say that a Malaysian rapper with
- 2:06Speaker 1: the name of name Wi was the last person to
- 2:09Speaker 1: see her alive. He was reportedly staying or in that
- 2:12Speaker 1: hotel room with Iris. Name We whose real name is
- 2:17Speaker 1: wimng Che is forty two and he was arrested on
- 2:20Speaker 1: drug charges right after Iris's death. Now here's the thing
- 2:26Speaker 1: about this case. It's very perplexing. We're dealing with a
- 2:29Speaker 1: jurisdiction that we do not understand, these are not our laws.
- 2:33Speaker 1: They have their own own laws here. The initial arrest
- 2:37Speaker 1: of the rapper, Rachel, was allegedly for drug charges. Now
- 2:43Speaker 1: in Malaysia, a drug charge can lead to the death sentence.
- 2:49Speaker 1: This is a very conservative country. So then he is released,
- 2:54Speaker 1: and then he is he turns himself back in and
- 2:58Speaker 1: is currently, as my understand is still in the custody
- 3:01Speaker 1: of the Malaysian authorities, but he hasn't been charged with
- 3:04Speaker 1: the murder. So what do you think what happens when
- 3:07Speaker 1: someone remands himself is in custody but isn't charged with
- 3:12Speaker 1: a murder, Like they're just holding on to him.
- 3:15Speaker 3: It's hard to say what they're doing in Malaysia and
- 3:18Speaker 3: what turning yourself in looks like?
- 3:20Speaker 1: There?
- 3:21Speaker 3: What does turning yourself in look like? And I think
- 3:26Speaker 3: he is allegedly cooperating with this investigation. He believes the
- 3:30Speaker 3: truth will come out. The initial thought on her death
- 3:34Speaker 3: related to nothing nefarious, and now it's turned around into
- 3:39Speaker 3: this investigation. So it's going to be a bit secretive
- 3:42Speaker 3: what is going on. I think we're not going to
- 3:45Speaker 3: know all the ins and outs of the processes that
- 3:47Speaker 3: are happening in Malaysia. But yes, I think he can
- 3:52Speaker 3: expect some very serious questioning and I don't think a
- 3:57Speaker 3: remand there is probably particularly pleasant for him. But again,
- 4:02Speaker 3: he is a star there as well. But he does
- 4:05Speaker 3: have other issues that has related to his rap there,
- 4:09Speaker 3: so I'm not sure how the government there is particularly
- 4:13Speaker 3: viewing him, particularly as it relates to all of the
- 4:17Speaker 3: issues just in his public image. And then again this
- 4:22Speaker 3: very serious drug charge, because they take drug charges so
- 4:26Speaker 3: seriously over there.
- 4:28Speaker 1: Exactly, and he has denied, he has absolutely denied having
- 4:31Speaker 1: drugs using drugs. The authorities alleged he had drugs in
- 4:36Speaker 1: his system. They allege that they found something in the
- 4:38Speaker 1: hotel room. And again I cannot stress this enough. Drug
- 4:46Speaker 1: charges in Malaysia are so serious that you could lose
- 4:48Speaker 1: your life, You could be put to death if you
- 4:50Speaker 1: are found guilty of certain drug charges. So I now
- 4:55Speaker 1: add the possibility of at least being a central figure
- 4:59Speaker 1: in a investigation. This is not looking very good for
- 5:03Speaker 1: the rapper, very complicated case. Now. Iris's real name is
- 5:08Speaker 1: shay Yushin and she was extremely popular in Asia with
- 5:13Speaker 1: more than two million followers on social media, not nearly
- 5:17Speaker 1: as popular as name. We I mean, this rapper is
- 5:20Speaker 1: off the charts there. And you also have to understand
- 5:24Speaker 1: she had her very adult content on only fans. Apparently
- 5:30Speaker 1: her Instagram account a few times had to be restricted
- 5:35Speaker 1: shut down because I guess she was crossing the line
- 5:39Speaker 1: in certain jurisdictions. Maybe not so much here in the US,
- 5:42Speaker 1: but in certain conservative countries. Perhaps her only Fans subscription
- 5:48Speaker 1: was about forty dollars a month, that's according to the
- 5:51Speaker 1: Daily Mail. Now, before becoming an influencer, she was in
- 5:54Speaker 1: nursing school, and then she became a content creator and
- 5:59Speaker 1: a lot of her followers called her the nurse goddess. Okay,
- 6:03Speaker 1: kind of keep now name we this is very important.
- 6:08Speaker 1: So he has a bad boy reputation that compliments the
- 6:12Speaker 1: rapper lifestyle, obviously singing about topics which are taboo in
- 6:16Speaker 1: Malaysia and some other Asian countries, especially upsetting the Chinese government.
- 6:21Speaker 1: So he would rap about obscenity, religion, about Chinese censorship.
- 6:27Speaker 1: He's actually banned according to the BBC. He's banned in China,
- 6:31Speaker 1: highly popular in Taiwan. I don't know if he's still
- 6:33Speaker 1: popular or if he's banned in Hong Kong. One of
- 6:39Speaker 1: his music videos and I think you were alluding to
- 6:42Speaker 1: this Rachel called oh my God was recorded in places
- 6:48Speaker 1: of worship and that really upset people. So he's certainly
- 6:54Speaker 1: I mean, he was even charged with violating I guess
- 7:00Speaker 1: I'm kind of censorship law. I don't even know how
- 7:04Speaker 1: to describe it for some of his videos. So he
- 7:07Speaker 1: certainly pushes the envelope in a conservative.
- 7:10Speaker 3: Country, absolutely, And while those things would likely be acceptable here,
- 7:17Speaker 3: I think there it's really tarnished his image. So we
- 7:20Speaker 3: need to understand how the government is viewing him. Are
- 7:24Speaker 3: they being particularly hard on him because of his content?
- 7:29Speaker 3: Is he hated in circles like that? Are they trying
- 7:33Speaker 3: to censor him? I mean, Malaysia is a fairly Muslim
- 7:37Speaker 3: country in a lot of ways, and that that there's
- 7:40Speaker 3: pretty strict boundaries as to where you can go relating
- 7:44Speaker 3: to religion. It's it's it's a conservative country and very
- 7:48Speaker 3: much and he's and he's pushing the envelope. Now doesn't
- 7:51Speaker 3: mean that he's a murderer, absolutely not.
- 7:55Speaker 2: In fact, it may be just that he would.
- 7:57Speaker 3: He's raising awareness over there, but it's hard to say.
- 8:04Speaker 2: Which way that cuts because fame.
- 8:06Speaker 3: Generally does help someone in these investigations sometimes there's a
- 8:10Speaker 3: little wiggle room when you're famous and have wealth, but
- 8:15Speaker 3: it also may be striking against him here.
- 8:19Speaker 1: Yeah, we cannot stress enough how things operate in Malaysia
- 8:24Speaker 1: because their legal system is a dual track system, so
- 8:28Speaker 1: they have their civil court system and then they also
- 8:32Speaker 1: follow the jurisdictions of Sharia law and for Muslims in
- 8:37Speaker 1: that country, specific matters of marriage, divorce, inheritance, those kinds
- 8:42Speaker 1: of things, they're handled by the Sharia courts. So again,
- 8:48Speaker 1: and here's another example, Judaism is not recognized in Malaysia.
- 8:52Speaker 1: If you have an Israeli passport, you have to have
- 8:54Speaker 1: permission to be in the country. It's a very strict
- 8:59Speaker 1: conservative country. And the reason I'm saying that is because
- 9:04Speaker 1: you have a rapper pushing the envelope and you know,
- 9:08Speaker 1: an adult only fans, content creator, and this is where
- 9:13Speaker 1: they choose to be. It's like this is this maybe
- 9:15Speaker 1: is not the best place for you, right.
- 9:19Speaker 3: I agree, because I also wonder how much they will
- 9:23Speaker 3: want to avenge her death or do they want to
- 9:26Speaker 3: There's a lot going on we will absolutely not know
- 9:30Speaker 3: as it relates to this investigation. He has made a
- 9:34Speaker 3: statement that the truth will come out where those kinds
- 9:38Speaker 3: of things, toxicology, all of that is is undetermined at
- 9:41Speaker 3: this point, and he does appear to be asserting his
- 9:44Speaker 3: innocence pretty strongly.
- 9:45Speaker 1: Yeah, that's such an interesting point that I had not considered.
- 9:49Speaker 1: Is it possible that the victim here may not get
- 9:54Speaker 1: the kind of respect and treatment and perhaps termination to
- 10:01Speaker 1: get justice for her because of the rules of that country?
- 10:08Speaker 3: Right, So under these types of laws and a lot
- 10:11Speaker 3: of countries, women are not treated equal to men. Does
- 10:16Speaker 3: that extend to the criminal courts? I mean, I've taken
- 10:20Speaker 3: multiple classes on this kind of thing through law school.
- 10:24Speaker 3: It is interesting international law and how divorces are handled,
- 10:29Speaker 3: how custody is handled, how adultery is handled in specific countries.
- 10:34Speaker 3: Does that extend to someone that they may not respect
- 10:37Speaker 3: as it relates to her premarital activities or what she
- 10:42Speaker 3: does online and her potential murder or you know, general
- 10:50Speaker 3: her death. So again, I think a lot of how
- 10:53Speaker 3: they treat this investigation relates to how they see him.
- 10:57Speaker 1: Yeah. Yeah, this is going to be very fascinating and
- 11:00Speaker 1: it's developing. We're recording this on Friday, so we want
- 11:03Speaker 1: you to know that, you know, he's expected to be
- 11:05Speaker 1: held for a few days, but a lot could change
- 11:07Speaker 1: in a few days. So Iris arrived in Kuala Lumpur
- 11:11Speaker 1: on October twentieth for what was supposed to be a
- 11:13Speaker 1: four day trip, and she was meeting up with the
- 11:16Speaker 1: rapper because he was going to direct some video with
- 11:19Speaker 1: her in it. So we don't know if it was
- 11:21Speaker 1: a music video or what, but supposedly that's why they
- 11:24Speaker 1: were meeting. Authorities discovered iris death dead two days later,
- 11:29Speaker 1: on October twenty second, at around one forty pm local time. Now,
- 11:34Speaker 1: no cause of death has been shared yet, other than
- 11:37Speaker 1: initially it was ruled a death and then after a
- 11:43Speaker 1: few days, the authorities changed it to a murder investigation.
- 11:47Speaker 1: And they say they did that because they uncovered new information,
- 11:51Speaker 1: but they haven't shared what that is, but clearly enough
- 11:54Speaker 1: to change the designation of this investigation to a murder investigation,
- 11:58Speaker 1: which presumably is quite serious there if even drug possession
- 12:03Speaker 1: is very serious. So CNA News reports that name we
- 12:09Speaker 1: found her in the bathtub, unresponsive and tried to give
- 12:13Speaker 1: her CPR. The news outlet claims that he called for
- 12:19Speaker 1: an ambulance, and he insists that the ambulance took an
- 12:23Speaker 1: hour to get there. So he's placing the blame on
- 12:26Speaker 1: her ultimate death on the long response time. Now, on
- 12:32Speaker 1: the same day that Iris's body was found, name We
- 12:34Speaker 1: was arrested on the drug related charge we were talking about.
- 12:38Speaker 1: Police say that they discovered pills believed to be ecstasy
- 12:41Speaker 1: in his possession while in custody. He was then tested.
- 12:45Speaker 1: The authorities say that he tested possitive positive for methan, fetamine, ketamine,
- 12:51Speaker 1: and THHC. He denies it. He put out a statement
- 12:56Speaker 1: on social media he denies using having drugs, and that's
- 13:01Speaker 1: a separate investigation. So then name We was detained by
- 13:05Speaker 1: authorities for two days, then he's released, and then following
- 13:09Speaker 1: his release from jail, the rapper then explained from his
- 13:13Speaker 1: perspective what he happened, what he believes happened. So he says,
- 13:16Speaker 1: you know, we waited for an hour and no one came,
- 13:18Speaker 1: and he says, you know, at most I was drinking,
- 13:22Speaker 1: denies the drug charges, and then also says he feels
- 13:27Speaker 1: terrible about Iris's passing. So what do you make of that.
- 13:35Speaker 3: Something so simple as a toxicology report is in dispute
- 13:40Speaker 3: in this case? And I think this is what the
- 13:44Speaker 3: evidence is going to look like to us as it
- 13:46Speaker 3: comes out that the authorities are saying one thing and
- 13:49Speaker 3: it's maybe possible that it's something else. So a toxicology
- 13:55Speaker 3: report we would want to see. Okay, here's the actual
- 13:58Speaker 3: results in a core in the United States. You would
- 14:01Speaker 3: be able to tie that toxicology report to that person
- 14:05Speaker 3: chain of custody. This is how it happened. This is
- 14:07Speaker 3: the blood sample I use. This is the methodology that
- 14:10Speaker 3: I got the report.
- 14:11Speaker 2: These are the.
- 14:11Speaker 3: Exact amounts of the drugs that are in this person system.
- 14:16Speaker 3: I don't know that we will ever get that through
- 14:19Speaker 3: this system. It might be that he had some of
- 14:23Speaker 3: these substances in his system, how much, when who did
- 14:27Speaker 3: the report, how did they analyze it, When did they
- 14:29Speaker 3: take the blood. There's a lot of things that we
- 14:33Speaker 3: may never know, but right now we know there is
- 14:35Speaker 3: even a dispute as to the basic facts of whether
- 14:39Speaker 3: he did drugs at some point such that they were
- 14:43Speaker 3: in his system, and that may or may not even
- 14:45Speaker 3: be related at all to the murder investigation.
- 14:48Speaker 1: It might not be, but it's so crucial. Again, I
- 14:52Speaker 1: can't stress this enough. If you could be given the
- 14:55Speaker 1: death penalty for possession of drugs, you're going to do
- 14:59Speaker 1: everything your power to deny that you had the drugs.
- 15:03Speaker 1: I mean absolutely, We're not talking about a slap on
- 15:08Speaker 1: the wrist here.
- 15:11Speaker 3: It is going to be difficult for him just from
- 15:15Speaker 3: that starting position to work his way out of a
- 15:22Speaker 3: murder investigation.
- 15:25Speaker 1: And again we do not know the cause of death. Yet,
- 15:27Speaker 1: we do not know the cause of death. Police have
- 15:30Speaker 1: been interviewing hotel staff of course, also reviewing security footage
- 15:35Speaker 1: as part of the investigation. As we said, you know name,
- 15:39Speaker 1: we turned himself in, then he gets released, and then
- 15:43Speaker 1: he comes back and he turns himself in again. So
- 15:47Speaker 1: I know that's really confusing, and we can't really shed
- 15:49Speaker 1: more light on it because not everything here is transparent.
- 15:56Speaker 1: It's believed he's going to be held for about six days.
- 15:59Speaker 1: That's what his lawyer is saying. Now Iris's body has
- 16:03Speaker 1: been released back to her family. We're still waiting on
- 16:07Speaker 1: the autopsy and toxicology reports for her, and of course
- 16:11Speaker 1: the death investigation continues. So this is where we are
- 16:15Speaker 1: on that case. We have an international influencer dead and
- 16:22Speaker 1: the person that police are looking at right now is
- 16:25Speaker 1: also an international star.
- 16:28Speaker 3: Wow, so much there, and I think we have to
- 16:33Speaker 3: just if I may go on a tangent for a moment,
- 16:35Speaker 3: imagine there were drugs in her system that they're tracing
- 16:39Speaker 3: back to him.
- 16:41Speaker 2: I wonder under their law.
- 16:43Speaker 3: If she died from that ingestion, if that leads back
- 16:49Speaker 3: to a drug charge leading to a murder charge, if
- 16:52Speaker 3: he gave her the drugs, which are cases that can
- 16:55Speaker 3: be made in multiple instances. But I wonder how they
- 16:58Speaker 3: tie that in if that is what happened in this case.
- 17:02Speaker 3: They initially thought she had a heart attack and had
- 17:07Speaker 3: gone down that or sudden death and had gone down
- 17:10Speaker 3: that path. But it just doesn't make a lot of
- 17:12Speaker 3: sense for this healthy woman to.
- 17:16Speaker 2: Have had that. So so much to.
- 17:19Speaker 3: Be determined here, and I still think we're not going
- 17:21Speaker 3: to get all of the answers that we would want
- 17:25Speaker 3: had this been given in a more perhaps a more
- 17:28Speaker 3: transparent environment that we were familiar with.
- 17:31Speaker 1: So now I want you to look at this next
- 17:35Speaker 1: case everyone, because it also involves an only fans model,
- 17:40Speaker 1: but the roles are completely reversed here. She is not
- 17:45Speaker 1: considered the victim by authorities. She is considered the alleged
- 17:49Speaker 1: killer here, although she says she's a victim of domestic violence.
- 17:53Speaker 1: This is a case that's been going on for three years,
- 17:56Speaker 1: and so far we are nowhere near getting to trial,
- 17:59Speaker 1: although we're told maybe maybe the beginning of the year. Now.
- 18:03Speaker 1: In this case, the OnlyFans model out of Miami is
- 18:07Speaker 1: accused of stabbing to death her boyfriend, and we think
- 18:15Speaker 1: maybe after the first of the year, it's possible it'll
- 18:18Speaker 1: go to trial. She's got two high powered attorneys whom
- 18:22Speaker 1: I've interviewed before, and they are really they're some of
- 18:26Speaker 1: the best attorneys in this country, and they have dropped
- 18:31Speaker 1: a bombshell a bombshell to try and get the case
- 18:35Speaker 1: dismissed against her. That hasn't quite happened yet, but they're
- 18:39Speaker 1: alleging that the police directed someone who was first on
- 18:45Speaker 1: the scene to delete video and photos that that person recorded.
- 18:53Speaker 1: So in essence, you're saying the police told someone to
- 18:58Speaker 1: delete evidence. Is that not tampering with evidence here?
- 19:02Speaker 2: So I think that is tampering with evidence. The police would.
- 19:05Speaker 3: Say it's after the fact, it wasn't actually evidence, etc.
- 19:09Speaker 3: But I think these lawyers absolutely know what they're doing.
- 19:14Speaker 3: When you're doing a case like this, you start with
- 19:18Speaker 3: procedure and processes without even looking at so much of
- 19:23Speaker 3: the facts of the case, procedure and processes.
- 19:26Speaker 2: Was this done right? Can we get out here?
- 19:30Speaker 3: And if you want to think back to the Alec
- 19:32Speaker 3: Baldwin case and how he eventually got out of the case,
- 19:37Speaker 3: you're back to procedure and processes, and that is what is.
- 19:42Speaker 2: The mark of a good lawyer.
- 19:44Speaker 3: They need to start at the very beginning, jurisdiction, procedure, processes,
- 19:51Speaker 3: police abuse, and how is the evidence obtained? You get
- 19:55Speaker 3: through all of that.
- 19:56Speaker 2: Now you got to go to the facts.
- 19:58Speaker 3: The facts are not always that helpful for you.
- 20:01Speaker 1: No, and not in this case in particular. So we
- 20:04Speaker 1: are talking here about the trial, the soon to be
- 20:07Speaker 1: trial of OnlyFans model Courtney Clenny. Now she her side
- 20:15Speaker 1: and the prosecutor's side recently said to a judge, we
- 20:19Speaker 1: each need time to review more evidence. But meanwhile she's
- 20:23Speaker 1: been denied bond each time, and as part of the
- 20:27Speaker 1: move to ask for bond again is like this bombshell
- 20:31Speaker 1: of police directed someone to delete evidence, to destroy evidence.
- 20:37Speaker 1: But the prosecutors are still saying, we think she's still
- 20:40Speaker 1: a flight risk and we're not giving her any bail yet.
- 20:45Speaker 1: It's possible, But the fact is she has been held
- 20:49Speaker 1: for three years for three years. Okay, Courtney, who is
- 20:53Speaker 1: twenty nine, She stands accused of fatally stabbing her boyfriend,
- 20:58Speaker 1: Christian Obenselli, who was twenty seven years old and at
- 21:01Speaker 1: the time of her arrest, Courtney was an OnlyFans model
- 21:04Speaker 1: and a content creator with more than two million followers online.
- 21:07Speaker 1: She went by the alias of Courtney Taylor, and Christian
- 21:11Speaker 1: worked in cryptocurrency. The two of them shared a bayfront
- 21:16Speaker 1: Miami condo, which was part of a lavish life that
- 21:19Speaker 1: Courtney often posted about, much of it, including Christian as well,
- 21:24Speaker 1: and prosecutors say she did very well on Only Fans.
- 21:27Speaker 1: She made more than a million dollars a year and
- 21:30Speaker 1: her best dear, she made one point eight million.
- 21:33Speaker 2: Dollars, a lot of money.
- 21:36Speaker 3: That is a lot of money as a content creator,
- 21:39Speaker 3: and a lot of money for a twenty nine year old.
- 21:42Speaker 1: Yeah yeah, yeah. Now, despite the glossy appearances on social media,
- 21:48Speaker 1: their two year relationship had a lot of serious problems.
- 21:52Speaker 1: Things had apparently become so bad between the two of
- 21:55Speaker 1: them that Christian had started to surreptitiously report Courtney's abusive out.
- 22:00Speaker 1: Police have been called to wherever these two were living
- 22:04Speaker 1: because they moved into this particular condo three months before
- 22:08Speaker 1: Christian's murder, and you know, so there's a documented history
- 22:15Speaker 1: of violence between the two of them and one on
- 22:20Speaker 1: the other. I do not believe that that is in
- 22:24Speaker 1: dispute here, but the question is, and we're going to
- 22:28Speaker 1: get into the details of what she said and what
- 22:31Speaker 1: happened in this relationship. She's claiming self defense here. Her
- 22:36Speaker 1: attorneys are making it clear that she's the victim. Her
- 22:39Speaker 1: parents have said, you know, if he didn't turn up dead,
- 22:44Speaker 1: then maybe she would have turned up dead, meaning someone
- 22:47Speaker 1: was going to seriously get hurt in this relationship, which
- 22:50Speaker 1: is really frightening.
- 22:53Speaker 2: It's a frightening relationship.
- 22:54Speaker 3: And when you review the record, it's so tumultuous, it's
- 22:58Speaker 3: really terrifying.
- 23:00Speaker 2: We'll talk about the recorded.
- 23:02Speaker 3: Messages, but I think the method of death, which we
- 23:08Speaker 3: will get into, is fascinating. And how she has claimed
- 23:12Speaker 3: that she killed him in self defense. That's the part
- 23:16Speaker 3: that is not lining up at all.
- 23:20Speaker 1: Right. She's saying that she threw a knife at him
- 23:24Speaker 1: from ten feet away and it just landed and sliced
- 23:28Speaker 1: a artery in his chest.
- 23:32Speaker 3: Feels really unlikely unless you've spent a lot of time
- 23:36Speaker 3: in the circus, and it's throwing knife throwing, and it
- 23:41Speaker 3: is verifiably something that can be determined distant the angle
- 23:48Speaker 3: of the knife, how it went, in general force that
- 23:51Speaker 3: was used. That's all stuff that is subject to a
- 23:55Speaker 3: forensic evaluation. And I think this part is very hard
- 23:59Speaker 3: for her to sell.
- 24:01Speaker 1: Interestingly enough, her attorneys. I watched an interview with them
- 24:06Speaker 1: and have read several articles where they're quoted. They say
- 24:10Speaker 1: they have found their own forensic experts and they can
- 24:15Speaker 1: replicate what she did allegedly did, and that they can
- 24:20Speaker 1: absolutely show that with no experience, from ten feet away,
- 24:25Speaker 1: you can throw a knife and have land in the
- 24:28Speaker 1: same position at the same angle. And they're going to
- 24:32Speaker 1: prove that in court. And if they can, Rachel, and
- 24:35Speaker 1: if they can, and what are the jurors going to
- 24:38Speaker 1: make of this?
- 24:42Speaker 3: Maybe people will go home and try it against a
- 24:44Speaker 3: wall with a dummy. I don't know. I think it's
- 24:48Speaker 3: a hard sell. I think they've got some high paid
- 24:50Speaker 3: experts that have made statements that it's plausible, it's possible,
- 24:57Speaker 3: it could happen, it could happen one in you know,
- 25:02Speaker 3: a thousand times, and maybe this is that case. I
- 25:06Speaker 3: still find that a hard cell. What I just think
- 25:09Speaker 3: of myself throwing a knife and hitting someone in the
- 25:13Speaker 3: exact spot that you would immediately cut an artery leading
- 25:18Speaker 3: to death with the knife even staying you know, at
- 25:23Speaker 3: an angle where it hits somebody. When you think of
- 25:26Speaker 3: ten feet away, that is a substantial distance. You know,
- 25:32Speaker 3: it's not two feet, which still seems pretty difficult. But
- 25:35Speaker 3: if you're really measuring it out, ten feet is There's
- 25:40Speaker 3: going to be demonstrations in the courtroom with these dueling experts,
- 25:45Speaker 3: and the jury's got to really think about the plausibility
- 25:48Speaker 3: of this happening.
- 25:51Speaker 1: Yeah, it's a complicated one, and the case is made
- 25:54Speaker 1: that much more difficult, and certainly a lot less empathy
- 26:01Speaker 1: for Courtney here, who claims that she was a victim
- 26:04Speaker 1: of domestic violence. I believe that this relationship was filled
- 26:08Speaker 1: with horrible violence on both parts, on both parts, just
- 26:13Speaker 1: based on what authorities have released, you know. So remember
- 26:18Speaker 1: how I said that Christian started videotaping her and her outbursts,
- 26:24Speaker 1: and there's about a dozen of these recordings, and they're horrific.
- 26:31Speaker 1: She's calling him the N word. For those of you
- 26:34Speaker 1: who are listening and not watching and can't see photos
- 26:37Speaker 1: of them. Courtney's white and Christian is black, so she's
- 26:41Speaker 1: using horrible racial slurs against him. She's slapping him, she's
- 26:46Speaker 1: hitting him. I mean, she's really freaking out now. Her
- 26:53Speaker 1: defense is saying, what you don't see in these videos,
- 26:56Speaker 1: and they don't want these videos to be used at trial,
- 27:00Speaker 1: is that he was gaslighting her. That is what they're saying.
- 27:04Speaker 1: You didn't see what led up to this. Okay, let's
- 27:08Speaker 1: say let's say he said and did something horrible. Okay,
- 27:13Speaker 1: so now what do you have an equal and opposite reaction?
- 27:16Speaker 1: I don't. I think it's hard. How does she defend
- 27:20Speaker 1: against that?
- 27:22Speaker 3: I think this is a really hard case. And I'm
- 27:25Speaker 3: going to go back to processes and procedures, and there
- 27:29Speaker 3: may have been a mistake in the investigation, there may
- 27:33Speaker 3: have been evidence tampering. That is where the attorneys are
- 27:36Speaker 3: trying to live before they take these facts to a jury.
- 27:42Speaker 1: I mean, can you imagine any instance in which the
- 27:47Speaker 1: judge is going to rule that these videos are not
- 27:50Speaker 1: important to this case. I can't see them being excluded.
- 27:54Speaker 3: I mean they're going to say it's more prejudicial than probative,
- 27:57Speaker 3: but that's just not the case because the stakes.
- 27:59Speaker 2: Are so high.
- 28:01Speaker 3: This is a murder charge, and I think it shows
- 28:06Speaker 3: their relationship, and the parents are gonna come up and
- 28:09Speaker 3: they're gonna they're gonna have witnesses testifying to his abuse
- 28:13Speaker 3: of her. Uh, he'll have witnesses or you know, the
- 28:17Speaker 3: prosecution will have witnesses testifying relating to her abuse.
- 28:22Speaker 2: And by all means this is a horrible relationship.
- 28:28Speaker 3: You know, this is just a tumultuous and a sad
- 28:32Speaker 3: relationship with the tragic ending. But I don't see where
- 28:37Speaker 3: these don't come in. They're arguing that it's her right
- 28:41Speaker 3: to privacy. She never consented to these videos in her
- 28:45Speaker 3: own home. It's hard to you know, I don't know.
- 28:48Speaker 3: We don't know everything they say. Does it say turn
- 28:51Speaker 3: off that you know, video camera. I don't consent. I mean,
- 28:55Speaker 3: we don't know what's on all of the videos. And
- 28:59Speaker 3: each state has particular laws as it relates to surreptitious recordings.
- 29:04Speaker 3: So maybe there is some argument that this was a
- 29:06Speaker 3: surreptitious recording. I think there are, you know, phone recordings
- 29:10Speaker 3: as well, so there's a chance that maybe some of
- 29:15Speaker 3: them will be excluded. But I don't see necessarily how
- 29:20Speaker 3: you get them all out, because the jury really wants
- 29:24Speaker 3: to see this relationship, and the prosecution is there on
- 29:28Speaker 3: behalf of the victim to show what happened, and these
- 29:32Speaker 3: show perhaps a progression of their relationship and what self
- 29:38Speaker 3: defense even.
- 29:39Speaker 2: Could look like.
- 29:41Speaker 1: In fact, before the killing, there is a video that's
- 29:46Speaker 1: been released of the two of them in an elevator
- 29:49Speaker 1: in their condo building and she gets in, he gets in,
- 29:54Speaker 1: and she's like, it's got an elevator. You know that
- 29:56Speaker 1: panel on the elevator where you push the buttons, but
- 29:58Speaker 1: this doesn't really have button. It's all you know, virtual,
- 30:02Speaker 1: like a computer screen, and she's banging on it and
- 30:05Speaker 1: then she hits him, and then she pulls his hair,
- 30:08Speaker 1: and then she lunges at him again, and he pushes
- 30:11Speaker 1: her away, and this is going on in the elevator.
- 30:16Speaker 1: You know, I don't I see her in this video.
- 30:21Speaker 1: Just based on the body language, I don't know. You
- 30:25Speaker 1: may think differently, it does seem like she because we
- 30:28Speaker 1: don't know what's being said, so he may be saying
- 30:30Speaker 1: something to start this, but she appears to be the aggressor,
- 30:36Speaker 1: meaning she keeps hitting him even when he pushes her
- 30:39Speaker 1: away and is trying to get her to stop. She
- 30:42Speaker 1: keeps coming toward him, but I don't know what he's
- 30:44Speaker 1: saying to her. I mean, he could be pushing her
- 30:46Speaker 1: away and saying horrific things. I just don't know. So
- 30:51Speaker 1: things have gotten so bad in this building that the
- 30:53Speaker 1: neighbors have been complaining about their fighting, and the management
- 30:58Speaker 1: company says they were working towards a victing these two.
- 31:01Speaker 1: So what does that tell you again about this relationship.
- 31:05Speaker 3: It's tumultuous, it's loud, it's somewhat public. All of those
- 31:10Speaker 3: witnesses are coming in.
- 31:12Speaker 2: They have this video.
- 31:14Speaker 3: There is some other audio regarding hers hitting him and
- 31:19Speaker 3: like I'm gonna get rid of the obscenities. But it's
- 31:22Speaker 3: something like take it like a man, I'm coming after you.
- 31:24Speaker 3: And as she's hitting him and he doesn't want to
- 31:27Speaker 3: be hit, but she is again appearing to be the
- 31:30Speaker 3: aggressor there. So I think there's just so much going on,
- 31:36Speaker 3: and there is, you know, likely the size differential between
- 31:39Speaker 3: the two of them. However, I think that there are
- 31:43Speaker 3: strong arguments she is the aggressor in some of these arguments,
- 31:48Speaker 3: and it's hard to show self defense in that in
- 31:54Speaker 3: that moment, unless with the story that I threw a
- 31:58Speaker 3: knife at him from ten feet away.
- 32:00Speaker 1: Yeah, And we're going to get to that day now
- 32:02Speaker 1: and what was recorded on on body camp. The final
- 32:06Speaker 1: fight was on April third of twenty twenty two, and
- 32:09Speaker 1: according to authorities, Christian returned home to the couple's apartment
- 32:12Speaker 1: around four thirty two. Courtney told police that they had
- 32:15Speaker 1: broken up a week before, they were trying to reconcile
- 32:18Speaker 1: and then they got into an argument and when the
- 32:20Speaker 1: police said, what were you arguing about? She couldn't answer it.
- 32:24Speaker 1: She just could not answer, which might be kind of
- 32:28Speaker 1: how they argue. It could like one thing leads to
- 32:31Speaker 1: another and before you don't even know what you're arguing about.
- 32:34Speaker 1: At four point fifty seven that evening, Courtney calls nine
- 32:37Speaker 1: to one one to report that Christian has been stabbed,
- 32:39Speaker 1: and authority say that Christian can be heard in the
- 32:42Speaker 1: background of the nine to one one call repeatedly saying
- 32:47Speaker 1: he was dying, that he couldn't feel his arm, and
- 32:51Speaker 1: he also reportedly said I'm so sorry baby to Courtney. Now,
- 32:58Speaker 1: what does that mean? And does that not maybe help Courtney?
- 33:03Speaker 3: That could help her for sure. I mean, if he's
- 33:06Speaker 3: apologizing to her, the defense will say he's apologizing to
- 33:11Speaker 3: her for coming at her and for causing her harm
- 33:15Speaker 3: and making her do this. And you know, there's a
- 33:19Speaker 3: million reasons he could be saying, I'm so sorry, baby,
- 33:23Speaker 3: But that is an interesting thing to say when you
- 33:27Speaker 3: have just been murdered or the death blow has just
- 33:32Speaker 3: been dealt.
- 33:34Speaker 2: So yes, that is helpful.
- 33:37Speaker 3: And these two likely thrived off of this energy in
- 33:41Speaker 3: the relationship, so it could be a general apology and
- 33:47Speaker 3: things just got far too elevated.
- 33:50Speaker 1: And it does lend credibility to the allegations that he
- 33:56Speaker 1: was the abusive one, that he was the aggressor I'm
- 33:59Speaker 1: sorry baby you We don't know. He could be apologizing
- 34:01Speaker 1: for any number of things, especially if he thinks so
- 34:03Speaker 1: that his life is literally slipping and this is his
- 34:08Speaker 1: last chance to say anything. Or he might be apologizing
- 34:11Speaker 1: for what may have triggered this, and maybe because she
- 34:14Speaker 1: does then make allegations to the police. Let's get right
- 34:18Speaker 1: to it. The authorities arrive at this scene, and it's gruesome.
- 34:21Speaker 1: There is blood everywhere, and the police body cam captures
- 34:24Speaker 1: all of this. Now, elevator door opens and the dog
- 34:28Speaker 1: is barking like crazy. She's screaming she's on top of
- 34:31Speaker 1: the body. The police are asking her to get the
- 34:33Speaker 1: dog away so they can get to her, and they
- 34:37Speaker 1: want her to step away from the body. She won't
- 34:39Speaker 1: step away from the body. The police are getting extremely forceful.
- 34:42Speaker 1: It's like, you've got to step away from the body.
- 34:44Speaker 1: She's wearing like a bra and underpants and she's covered
- 34:47Speaker 1: in blood. I mean, this thing is a mess. This
- 34:49Speaker 1: thing is a mess, and hanging in the balance is
- 34:52Speaker 1: a man's life. He gets transported to the hospital and
- 34:56Speaker 1: he ultimately dies. Now here's the rest of the body camp.
- 35:02Speaker 1: So police are saying, like, what happened? You know, you
- 35:05Speaker 1: got to start somewhere, and the Courtney says that he
- 35:10Speaker 1: pushed her against the wall, that he pinned her on
- 35:12Speaker 1: the floor, that he was choking her, and she says
- 35:15Speaker 1: she got away from him, and then she calls her mother.
- 35:19Speaker 1: So if someone is attacking me, I don't think I
- 35:22Speaker 1: call my mother. I think I call nine one one.
- 35:26Speaker 2: Or I get out, or I get out.
- 35:28Speaker 1: But she mean I have been able to get out.
- 35:29Speaker 1: If you look at the videos, she's the way is.
- 35:32Speaker 1: Police are coming in and he's on it's just they
- 35:35Speaker 1: can't even get through and pass by the dog. It's
- 35:38Speaker 1: like this weird, narrow area. So maybe she couldn't. I mean,
- 35:41Speaker 1: maybe she couldn't. So Okay, now this part is extremely hazy.
- 35:47Speaker 1: They're trying to figure out how it went from Okay,
- 35:50Speaker 1: he allegedly did all of this, You call your mother.
- 35:53Speaker 1: Then how does the knife end up in him? And
- 35:55Speaker 1: she can't exactly describe how he came at her and
- 36:00Speaker 1: where she was in relation to it, but she said
- 36:03Speaker 1: she felt threatened and he was coming toward her and
- 36:06Speaker 1: that she threw the knife at him and then it
- 36:09Speaker 1: lands in his chest from ten feet away. Yeah, and
- 36:17Speaker 1: now here's the other thing. So she gets taken to headquarters.
- 36:21Speaker 1: You know, she's handcuffed, she the interrogation tapes. She's she's
- 36:26Speaker 1: like sprawled on the table. It's there's a lot going on.
- 36:30Speaker 1: You know, she's obviously under a great deal of stress.
- 36:34Speaker 1: She is distressed, covered in blood. It's you know, blanket
- 36:38Speaker 1: covering her. It's horrible. Miami Herald says that she's ultimately
- 36:42Speaker 1: hospitalized for psychiatric evaluation while they try and figure out
- 36:46Speaker 1: what happened here. Now, police believe that Christian had likely
- 36:51Speaker 1: been bleeding for a longer period of time than it
- 36:54Speaker 1: took her to call. They think that maybe there was
- 36:57Speaker 1: a delay in there. The implication is that she didn't
- 37:01Speaker 1: react quickly enough. Forensics are going to have to be
- 37:04Speaker 1: able to prove that because I don't know how else.
- 37:07Speaker 1: You know, just saying it doesn't necessarily make it, so,
- 37:10Speaker 1: I don't know. She told police repeatedly that she was
- 37:14Speaker 1: defending herself, and she uses those terms self defense, self defense.
- 37:19Speaker 1: This is another murky point. So once she can't you know,
- 37:23Speaker 1: usually when something happens, you can describe it in great detail. Right,
- 37:26Speaker 1: So there's the murkiness of how exactly he came at
- 37:29Speaker 1: her from where that's not clear. Here's the next part. Okay,
- 37:34Speaker 1: I've it's my understanding that the knife was not in
- 37:40Speaker 1: him when the authorities arrived. That is my understanding, and
- 37:46Speaker 1: of course we don't have all of the facts. But
- 37:50Speaker 1: if that's true, does that not make you believe that
- 37:54Speaker 1: it's more of a stabbing. I'm holding a knife, I
- 37:58Speaker 1: drop the knife when I realize, oh, oh my gosh,
- 38:02Speaker 1: you know, like he's bleeding out. Or is it possible
- 38:06Speaker 1: that she threw the knife and then pulled it out.
- 38:10Speaker 1: That is not an easy thing to do.
- 38:13Speaker 2: It's not an easy thing to do.
- 38:14Speaker 3: I mean, what is possible is she didn't actually need
- 38:18Speaker 3: to kill him, right, So in that moment, she meant
- 38:21Speaker 3: to kill him, or she meant to maim him, or
- 38:24Speaker 3: she meant to do what she did and then felt
- 38:27Speaker 3: horrible about it and thought, Okay, if I take the
- 38:29Speaker 3: knife out, it'll stop. I don't think that's actually how
- 38:33Speaker 3: it works, because it causes more bleeding.
- 38:36Speaker 2: But perhaps that was.
- 38:40Speaker 3: A measure to make it better instead of some sort
- 38:46Speaker 3: of cover up or stopping. I think that is a
- 38:49Speaker 3: point she may be able to explain away. But again,
- 38:55Speaker 3: it does lead to the conclusion that she's waiting a
- 38:58Speaker 3: moment to make that phone call.
- 39:00Speaker 1: M H yeah, I think you know. The point here
- 39:06Speaker 1: being that she's been charged with second degree murder, that
- 39:11Speaker 1: the belief by prosecutors and police is that she didn't
- 39:15Speaker 1: set out to kill him that day. Right, This was
- 39:18Speaker 1: a horrible, horrible situation, a violent relationship, a violent argument,
- 39:24Speaker 1: and this is how it ended. That doesn't mean that
- 39:27Speaker 1: there aren't consequences here. And then we also have to
- 39:29Speaker 1: figure out how the jury is going to view her
- 39:33Speaker 1: as a victim of domestic violence. And in Florida, I've
- 39:38Speaker 1: seen juries go both ways.
- 39:41Speaker 3: I mean, the second degree murder is a smart charge
- 39:43Speaker 3: because it also encompasses her ten feet away theory, in
- 39:48Speaker 3: that it is so reckless to throw a knife as
- 39:53Speaker 3: to be so dangerous it leads to a murder charge.
- 39:57Speaker 3: So she could say I was just throwing a knife
- 40:00Speaker 3: into the air to make him stop. I wasn't necessarily
- 40:04Speaker 3: trying to hit him. But the charge still stands if
- 40:08Speaker 3: they find that level of recklessness in the tossing of
- 40:12Speaker 3: a deadly weapon that it does kill him.
- 40:15Speaker 2: So they're a little bit protecting themselves in that way.
- 40:18Speaker 3: And of course, I don't think you're going to have
- 40:22Speaker 3: not You're going to have not an argument that this
- 40:25Speaker 3: couple was acting in the heat of passion, right, regardless
- 40:29Speaker 3: of self defense and everything else. I mean, I think
- 40:32Speaker 3: the facts will show, if they're trying to reconcile the relationship, etc.
- 40:36Speaker 3: She didn't lure him there to kill him most likely.
- 40:39Speaker 1: Yeah, that seems pretty consistent here. And she does tell
- 40:43Speaker 1: police to verify everything with her mother, that her mother
- 40:46Speaker 1: can verify what was going on, So presumably obviously they
- 40:51Speaker 1: can get phone records and they can talk to the mom,
- 40:54Speaker 1: who is to a degree of witness in real time
- 40:57Speaker 1: about what she's hearing, you know absolutely, And if you
- 41:02Speaker 1: have a situation where there is already recorded documented violence
- 41:07Speaker 1: between the two of them, I think that the mother's
- 41:12Speaker 1: words will likely ring true. It just and you know,
- 41:16Speaker 1: there are some media reports that she Courtney had been
- 41:20Speaker 1: had previously allegedly stabbed her boyfriend in the leg during
- 41:24Speaker 1: an earlier violent fight. I would think that would be
- 41:28Speaker 1: a big deal.
- 41:31Speaker 3: I think it would show it could support her and
- 41:35Speaker 3: not support her in the same way. If the jury
- 41:37Speaker 3: is to believe this ten feet away toss theory, she
- 41:42Speaker 3: a toss of the knife or a kind of a
- 41:45Speaker 3: non deadly threatened threatening act by a knife might be
- 41:49Speaker 3: how she gets out of it.
- 41:50Speaker 2: So a stabbing in the leg is not likely meant
- 41:53Speaker 2: to kill.
- 41:54Speaker 3: It's violent, we don't know why, you know what the
- 41:57Speaker 3: circumstances are necessarily relating to the act defense or otherwise.
- 42:01Speaker 3: And is this just her way of maiming him, either
- 42:06Speaker 3: to make him stop or as an aggressor. And so
- 42:09Speaker 3: this is where the recklessness comes in again. If you
- 42:12Speaker 3: are to believe this was not an intentional act to kill.
- 42:18Speaker 1: Christian's death was ultimately ruled to be caused by a
- 42:22Speaker 1: knife wound punctured an artery on the right side of
- 42:25Speaker 1: his chest and he bled out. So this is just
- 42:30Speaker 1: like adds more drama to this tragedy that the wound
- 42:35Speaker 1: reportedly is just inches above a tattoo on his chest
- 42:39Speaker 1: of Courtney's name that was written in cursive, right, isn't
- 42:47Speaker 1: that something? It's like, ooh, that's chilling. Just can can
- 42:53Speaker 1: you imagine when they show that photo? No?
- 42:57Speaker 3: Oh, no, And I think that actually might hurt her
- 43:02Speaker 3: quite a bit as her defense was she stabbing it intentionally?
- 43:07Speaker 1: I don't know. I don't know. But then then I
- 43:10Speaker 1: could also look at it and say, oh, my god,
- 43:11Speaker 1: he really loved her. He had Courtney across his heart
- 43:15Speaker 1: and then he stabbed in the heart by her allegedly.
- 43:19Speaker 2: I'm so sorry.
- 43:20Speaker 3: I mean, this couple had something we may not be how.
- 43:27Speaker 1: Just a lot going on in this case, A lot
- 43:29Speaker 1: going on in this case. Now she's not arrested immediately
- 43:32Speaker 1: because police are doing their investigation and they have to
- 43:35Speaker 1: figure out what happened here. So you know, after the
- 43:40Speaker 1: death in June, she buys a one point three million
- 43:43Speaker 1: dollar house in Texas near her parents' home with all
- 43:47Speaker 1: the money that she's made so four months after Christian dies.
- 43:55Speaker 1: On August tenth, Courtney is charged with second murder. She's
- 44:01Speaker 1: arrested in Hawaii. She was there at a rehab facility
- 44:06Speaker 1: recovering from substance abuse and PTSD, and she's been behind
- 44:11Speaker 1: bars ever since. Do you think that that is a
- 44:14Speaker 1: mitigating factor, that she was seeking help at the time
- 44:17Speaker 1: that she was arrested.
- 44:20Speaker 2: I think so. I mean, it shouldn't be.
- 44:23Speaker 3: It's not something the jury is necessarily supposed to consider.
- 44:28Speaker 3: But will that come in because it makes you think
- 44:32Speaker 3: that her judgment was cloudy perhaps at the time all
- 44:36Speaker 3: of the things, and then she went to go improve
- 44:39Speaker 3: herself and she was seeking help for the death of
- 44:44Speaker 3: her boyfriend.
- 44:45Speaker 2: She was so traumatized.
- 44:49Speaker 3: I might say the prosecution will try to keep that
- 44:53Speaker 3: out in front of the jury. They may have a
- 44:57Speaker 3: decent chance of doing so. But yes, I think that
- 45:02Speaker 3: helps her case.
- 45:03Speaker 1: Mm hmmm, All right, now, her defense is claimed repeatedly,
- 45:08Speaker 1: and remember it started with Courtney on the cam immediately
- 45:11Speaker 1: to police. I did this in self defense. I did
- 45:14Speaker 1: this in self defense. And so her attorneys are still
- 45:17Speaker 1: saying that she did not mean to kill him, and
- 45:20Speaker 1: I think she probably didn't think that he would die, right,
- 45:25Speaker 1: I think that that's possible, that that was not the intent.
- 45:30Speaker 1: But you know, if either you throw or you stab
- 45:33Speaker 1: with a knife, there's a possibility you could seriously interest
- 45:37Speaker 1: someone or kill them, that's right.
- 45:40Speaker 2: So that's what second degree murder looks like a lot
- 45:42Speaker 2: of the time.
- 45:44Speaker 1: So I mean, the jury's got there were cut out
- 45:47Speaker 1: for them because we haven't even gotten to all the
- 45:49Speaker 1: other stuff here that goes to the processes and procedures
- 45:53Speaker 1: that you so richly discussed. Okay, so but before we
- 45:58Speaker 1: get there, I just want to get to one more
- 45:59Speaker 1: thing about the knife, that's all, and then we'll be
- 46:01Speaker 1: done with this part. So Courtney claimed that she did
- 46:03Speaker 1: just throw it. Right now, investigators say the Christian's wound
- 46:08Speaker 1: was slightly downward and far too deep at more than
- 46:13Speaker 1: eight centimeters into his chests to have been caused by
- 46:17Speaker 1: a knife that was thrown. Again, the forensics on both
- 46:21Speaker 1: sides are going to have to debate that one. I
- 46:23Speaker 1: got no idea. I think it's entirely plausible that you
- 46:26Speaker 1: throw a knife and you have a one in a
- 46:28Speaker 1: million chants it just hits where it shouldn't hit. You know,
- 46:33Speaker 1: it's entirely possible.
- 46:39Speaker 2: I'm going to go it possible, but unlikely.
- 46:43Speaker 1: Possible. So now Courtney's defense has said, look, Christian was
- 46:49Speaker 1: abusive both emotionally and physically, and they alleged that the
- 46:52Speaker 1: victim engaged in various gas lighting behaviors, claiming that he
- 46:57Speaker 1: would often provoke her until he got the achieved result
- 47:01Speaker 1: where she was just like losing it. And then they
- 47:04Speaker 1: get into a massive argument, and they also say, you know,
- 47:08Speaker 1: he recorded They say he recorded the videos not to
- 47:14Speaker 1: protect himself, but that he was using it allegedly to
- 47:18Speaker 1: threaten her, to blackmail her, that he was going to
- 47:21Speaker 1: release this video either her friends or family. I mean,
- 47:25Speaker 1: one would think that would really be something if he
- 47:29Speaker 1: released that to her fans or publicly, right, That's right.
- 47:33Speaker 3: So these are people that you know, she's somebody that
- 47:36Speaker 3: made her money in the public image, and so these
- 47:40Speaker 3: videos could be incredibly damaging to her. And absolutely, that's
- 47:46Speaker 3: a genuine threat that I think she would.
- 47:48Speaker 1: See, hm. Absolutely, And so obviously they're going to have
- 47:52Speaker 1: to prove that. They're going to have to have someone
- 47:54Speaker 1: who can corroborate that. Where is this coming from? Is
- 47:57Speaker 1: she the only one saying that it's possible, but it
- 48:00Speaker 1: would certainly be helpful if there's somebody else who could
- 48:03Speaker 1: coroborate such an allegation. So as we've said that the
- 48:07Speaker 1: case has been delayed numerous times because of filings and
- 48:11Speaker 1: well some may say mishaps and some would say some
- 48:14Speaker 1: really big problems. Let's get to the big problems here
- 48:17Speaker 1: because I think they're important. Because this goes back to
- 48:20Speaker 1: Karen Reid. You know, you had that dirty state trooper
- 48:24Speaker 1: who clearly had it out for her, and now as
- 48:29Speaker 1: a result, you know, and she was found not guilty twice,
- 48:33Speaker 1: you know, acquitted twice, I should say, in the murder
- 48:38Speaker 1: of her then boyfriend, a police officer. But that dirty cop,
- 48:43Speaker 1: that dirty cop. Now authorities are going back to several
- 48:47Speaker 1: cases because of all the text messages that they have
- 48:51Speaker 1: read and how horrible he was and the things he
- 48:55Speaker 1: said which could show that he was prejudice in these cases,
- 48:59Speaker 1: I mean, it's never ending. So in that case, they
- 49:03Speaker 1: were able to show that they alleged a conspiracy, that
- 49:07Speaker 1: she wasn't treated fairly, the text messages didn't lie, and
- 49:11Speaker 1: he ultimately lost his job after the first trial.
- 49:14Speaker 3: That's right.
- 49:16Speaker 1: So that's why I think what I'm about to say
- 49:17Speaker 1: is important, why it's important. So in March of twenty
- 49:21Speaker 1: twenty five, the Miami Assistant State Attorney Khalil Quinnin was
- 49:25Speaker 1: forced to step away from the case after a judge's
- 49:28Speaker 1: ruling the prosecutors had violated attorney client privilege and I'm
- 49:34Speaker 1: going to need you to help me sort this out
- 49:36Speaker 1: and what it means, because prosecutors had read texts and
- 49:42Speaker 1: emails that were exchanged between Courtney's parents and their attorneys,
- 49:48Speaker 1: which would be protected.
- 49:51Speaker 2: That's right.
- 49:52Speaker 3: So whenever prosecutors are going through emails, text messages, digital
- 50:00Speaker 3: data communications, they are required to protect attorney client privileged
- 50:06Speaker 3: information and the team of attorneys on the case are
- 50:12Speaker 3: not allowed to see those messages. So often they have
- 50:16Speaker 3: what is called a taint team, and the tainket team
- 50:20Speaker 3: goes through the emails and text messages and communications to
- 50:24Speaker 3: make sure that the real team doesn't get to see
- 50:29Speaker 3: anything relating to what is between a lawyer and their client.
- 50:36Speaker 3: So here the communications were taken from the parents and
- 50:42Speaker 3: just read by the prosecutor. They did not form any
- 50:46Speaker 3: safeguards for attorney client privileged information. Now, the prosecutor says,
- 50:52Speaker 3: I had no idea they had attorneys. Well, that's not
- 50:54Speaker 3: really an excuse. They are close to this investigation. Their
- 51:02Speaker 3: daughter's been charged and mom is a witness, and so
- 51:07Speaker 3: they likely have attorneys, and all cautions need to be
- 51:11Speaker 3: taken for that, because once the prosecutor reads the attorney
- 51:15Speaker 3: client privileged information in theory, yes, of course he can't
- 51:19Speaker 3: use them at trial, but he can't get him out
- 51:21Speaker 3: of his brain. So once it's in his brain, he's
- 51:25Speaker 3: be like, oh, now I know this, Why don't I
- 51:28Speaker 3: go ask that witness they were talking about? And everything
- 51:31Speaker 3: that flows from those tainted exposures of those communications should
- 51:38Speaker 3: be effectively taken out, but it's difficult to parse through
- 51:44Speaker 3: in someone's logical brain what's from one source and what's
- 51:47Speaker 3: from another.
- 51:48Speaker 2: So, yes, that was a.
- 51:51Speaker 3: True issue relating to the way the prosecution was handling
- 51:56Speaker 3: the case. And as the lawyers do, they brought that
- 52:02Speaker 3: up and were seeking to get them disqualified, and.
- 52:06Speaker 1: They did, and they did, and so damage done. But
- 52:10Speaker 1: they're moving forward and they have a new prosecutor. So
- 52:14Speaker 1: is that still something that's maybe going to be brought
- 52:17Speaker 1: up at trial or that doesn't really matter anymore? Like
- 52:20Speaker 1: that's been dealt with.
- 52:22Speaker 3: It probably won't come up at trial, but it does
- 52:24Speaker 3: form a basis for appeal down the road should she
- 52:27Speaker 3: be convicted.
- 52:28Speaker 1: Uh huh, all right, And when that prosecutor stepped down,
- 52:34Speaker 1: Khalil released this statement quote, it is my hope that
- 52:37Speaker 1: my withdrawal, which is interesting, I think maybe the judge
- 52:41Speaker 1: told you, but okay, right, okay, that my withdrawal will
- 52:51Speaker 1: facilitate the resolution of the defendant's meritless motions, correct the record,
- 52:56Speaker 1: and allow these proceedings to refocus on what truly matters
- 52:59Speaker 1: justice for Christian's Christian open selly, Okay, that is what
- 53:05Speaker 1: matters here, m M. But there were a couple of
- 53:09Speaker 1: digs in there. Weren't there a couple of digs there?
- 53:12Speaker 2: Oh, a lot of digs. And definitely mad about that.
- 53:17Speaker 3: But there are procedures, and this is a very you know,
- 53:21Speaker 3: privilege must be protected almost at all costs to keep
- 53:26Speaker 3: this legal system rolling.
- 53:29Speaker 1: Now, let's get to the bombshell, Okay, because I alluded
- 53:32Speaker 1: to this earlier a little bit so in the most
- 53:35Speaker 1: recent filing, which was an asking to dismiss the charges
- 53:39Speaker 1: and also going toward if that didn't work, let's reduce bond,
- 53:44Speaker 1: make it possible for her to get out. Courtney's attorneys
- 53:47Speaker 1: claimed that a civilian witness this was one of the
- 53:50Speaker 1: first people to respond to the apartment. A person who
- 53:54Speaker 1: works for the building responded, saw everything, took pictures in video,
- 54:00Speaker 1: and then when that person was interviewed by the police,
- 54:04Speaker 1: a police officer told him to delete all of these
- 54:11Speaker 1: recordings and photos. Her team believes that this is tampering
- 54:16Speaker 1: and destroying evidence, and they're trying to figure out why
- 54:22Speaker 1: in the world that an officer would direct someone to
- 54:27Speaker 1: do that when most of the time they are always
- 54:30Speaker 1: trying to get video and everything from everybody's angle, this
- 54:34Speaker 1: makes zero sense to me why they would be told
- 54:36Speaker 1: to do this.
- 54:39Speaker 3: I think in the moment, if there's any excuse, the
- 54:42Speaker 3: officer thought she was interfering with the investigation. I don't
- 54:47Speaker 3: know that that holds up in court, but that is
- 54:51Speaker 3: the only thing I can think of as an excusable
- 54:55Speaker 3: means of doing that.
- 54:58Speaker 2: I think it's problem.
- 54:59Speaker 1: Yeah, I think it's a huge problem. I really do,
- 55:02Speaker 1: because again, constantly, investigators are mining every camera that exists,
- 55:10Speaker 1: asking for people for video for anything, did you see
- 55:13Speaker 1: did you hear? And this falls into you know who knows?
- 55:18Speaker 1: And here's to me the most important part of this
- 55:22Speaker 1: this person, I believe it was a gentleman. This person
- 55:27Speaker 1: took these videos and photos before the police got there. Rachel.
- 55:33Speaker 1: I'm going to make an argument here that whether it
- 55:35Speaker 1: was two minutes, five minutes, or ten minutes, something in
- 55:39Speaker 1: that apartment could have changed, and you would have had
- 55:44Speaker 1: evidence prior to police arriving, and then to what police
- 55:48Speaker 1: see and capture with their own cameras and body camps,
- 55:51Speaker 1: and if there was a discrepancy in there, that would
- 55:55Speaker 1: be huge and we'll never.
- 55:56Speaker 2: Know processes and procedures, and this one might stick.
- 56:02Speaker 1: Yes, this one really really bothers me, really bothers me.
- 56:06Speaker 1: And then the question was brought up to her attorneys.
- 56:09Speaker 1: It's like, well, you know, nothing's ever really really gone.
- 56:12Speaker 1: And so the answer and listen, more information can come
- 56:16Speaker 1: out of trial. I have no idea, but the current
- 56:18Speaker 1: answer is that that witness hasn't been identified. That witness
- 56:24Speaker 1: then got a new phone since this happened. Hello, it's
- 56:28Speaker 1: been three years. Yeah, yeah, and it's entirely possible that
- 56:33Speaker 1: that has been lost. I don't know, it is it is.
- 56:36Speaker 3: I mean, you can recover a lot, but you can't
- 56:39Speaker 3: recover everything. And I have tried and tried and tried,
- 56:43Speaker 3: and there are some things that really are lost. So
- 56:45Speaker 3: it depends on how your phone saves and things roll over.
- 56:49Speaker 3: And if all of that is true, I think they
- 56:55Speaker 3: have real motion practice here and police misconduct is it's
- 57:00Speaker 3: very real, very real, and evidence tampering and this could.
- 57:07Speaker 2: Get her out.
- 57:08Speaker 1: Wow, really you think so?
- 57:10Speaker 3: I think this could get her out if they make
- 57:13Speaker 3: an argument that perhaps the police were trying to hide something,
- 57:18Speaker 3: that something was there and now it's not and now
- 57:20Speaker 3: she can't get a fair trial, and this relates to
- 57:23Speaker 3: her defenses.
- 57:24Speaker 2: They will make hay here.
- 57:27Speaker 1: Even if let's say this was more of non intentional
- 57:32Speaker 1: maybe a young officer. I have no idea. I'm just questioning,
- 57:36Speaker 1: what if it was stupidity incompetence, not malicious, Does it matter?
- 57:42Speaker 3: It matters a little bit, but it still doesn't change
- 57:47Speaker 3: how she could build her defenses if she had that evidence.
- 57:51Speaker 3: And so that's the part that we'll be focused on
- 57:54Speaker 3: in that case.
- 57:56Speaker 1: And another point that her attorneys made about this witness
- 58:00Speaker 1: that prosecutors never interviewed this person again for the case.
- 58:06Speaker 1: Presumably they were I guess and interviewed by the officer
- 58:10Speaker 1: who said get rid of it, delead it, but was
- 58:12Speaker 1: never reinterviewed again for this case. That seems a little
- 58:17Speaker 1: sloppy to me. Do you just disregard the person who
- 58:20Speaker 1: works in the building and is the first to arrive.
- 58:22Speaker 1: I kind of think you want to hear what they
- 58:24Speaker 1: have to say.
- 58:26Speaker 3: I mean, once you dig into so many cases, which
- 58:29Speaker 3: again they have funding, they have good lawyers, they are
- 58:33Speaker 3: able to turn over every stone, and once you turn
- 58:37Speaker 3: over every stone, there are mistakes, intentional or not. There
- 58:43Speaker 3: are things that went wrong in the investigation. And every
- 58:47Speaker 3: now and then, as a defense attorney defending a client,
- 58:51Speaker 3: you hit a big one and you can stay there
- 58:55Speaker 3: and the case does not proceed, or it gives them
- 58:59Speaker 3: leverage in a plea agreement, like, hey, we're going to
- 59:01Speaker 3: get this case thrown out based on this sloppy conduct
- 59:05Speaker 3: or intentional conduct and missing evidence. Why don't we go
- 59:10Speaker 3: down to manslaughter?
- 59:12Speaker 1: I wonder, just putting it out there, is it possible
- 59:16Speaker 1: that the prosecution you building this case may or may
- 59:21Speaker 1: not if they did know about the police officer telling
- 59:24Speaker 1: this witness to delete stuff. If the prosecution went like
- 59:28Speaker 1: this and just like said, you know what, we're just
- 59:30Speaker 1: going to leave that out of the rest of the investigation.
- 59:34Speaker 1: We don't want to talk to them again because if
- 59:35Speaker 1: we talk to them, it opens up a Pandora's box,
- 59:39Speaker 1: and I'm just going to pretend that just doesn't exist.
- 59:42Speaker 3: And that's called a Brady violation, and that's how you
- 59:45Speaker 3: get cases dismissed.
- 59:47Speaker 2: That is prosecutorial misconduct.
- 59:49Speaker 3: If you have evidence that can help the other side,
- 59:52Speaker 3: you are required to disclose it. You are not allowed
- 59:55Speaker 3: to ignore it in the way you just said.
- 59:58Speaker 1: And I'm not saying that they did. I was just
- 1:00:00Speaker 1: talking out loud, thinking hmmmm, this isn't gonna help my case,
- 1:00:04Speaker 1: and ultimately there's nothing really there. Wow, this is very interesting,
- 1:00:11Speaker 1: and she's got very sharp attorneys, very very sharp attorneys,
- 1:00:15Speaker 1: so no trial data set. Her attorneys seem to think
- 1:00:18Speaker 1: it'll be right after the first of the year. Is
- 1:00:20Speaker 1: their hope. You know, prosecution still says absolutely not to
- 1:00:26Speaker 1: releasing her because she's a flight risk. We are still
- 1:00:29Speaker 1: waiting to hear on that. Interestingly enough, Christian's family has
- 1:00:34Speaker 1: filed a wrongful death lawsuit against Courtney, and Courtney does
- 1:00:40Speaker 1: have some assets.
- 1:00:41Speaker 3: They're probably gonna win that different standard not beyond a
- 1:00:45Speaker 3: reasonable doubt more likely than not. Let's see you know,
- 1:00:49Speaker 3: we've got a ten foot knife throwing story.
- 1:00:52Speaker 2: Let's take it to the jury.
- 1:00:54Speaker 1: So we'll be watching this case everyone. We'll let you
- 1:00:56Speaker 1: know when it finally goes to trial. It is time
- 1:00:59Speaker 1: for us comments section. These are the crime cases you
- 1:01:02Speaker 1: all are talking about on social media. And here's our producer,
- 1:01:05Speaker 1: Will Updike.
- 1:01:06Speaker 4: Hey Will, Hey, Anna, how's it going good? How are
- 1:01:08Speaker 4: you doing good?
- 1:01:09Speaker 3: Rachel?
- 1:01:10Speaker 4: How are you good? To see you?
- 1:01:11Speaker 2: Great to see you?
- 1:01:12Speaker 4: All right, So this week we got a case of
- 1:01:15Speaker 4: some foot long justice after the sandwich guy was acquitted
- 1:01:19Speaker 4: on an assault charge. I'll run down who the sandwich
- 1:01:22Speaker 4: guy is if you're unfamiliar. This case comes out of Washington, DC,
- 1:01:25Speaker 4: where jurors couldn't stomach prosecutors charges for a man who
- 1:01:28Speaker 4: chucked a subway sandwich at the chest of a federal officer.
- 1:01:32Speaker 4: This incident, which unfolded during sort of the federal crime
- 1:01:37Speaker 4: crackdown on our nation's capital as well as some other cities.
- 1:01:40Speaker 4: This was captured on social media and it quickly became
- 1:01:42Speaker 4: kind of like a memeable symbol of resistance or whatever.
- 1:01:46Speaker 4: But in this highly circulated video, our defendant here thirty
- 1:01:49Speaker 4: seven year old Air Force veteran Sean C. Dunn is
- 1:01:52Speaker 4: seen approaching Customs and Border Patrol officers who were on
- 1:01:56Speaker 4: standboy by outside of a popular nightlife area. D Yeah,
- 1:02:02Speaker 4: there's a lot of officers there. There's like clearly some night
- 1:02:04Speaker 4: life and stuff going on. He's, you know, coming out
- 1:02:06Speaker 4: of a subway. Sean encounters the officers here. He's visibly
- 1:02:10Speaker 4: voicing his consternation. He says, fu you f ing fascists,
- 1:02:14Speaker 4: why are you here? I don't want you in my city,
- 1:02:17Speaker 4: and then he hurls a sandwich at the chest of
- 1:02:19Speaker 4: one of the officers, and he's then seen running away
- 1:02:22Speaker 4: and all the officers are chasing after him, and like,
- 1:02:25Speaker 4: I feel like, I'm sure someone's done it. But you
- 1:02:27Speaker 4: could definitely set the Benny Hill music to this and
- 1:02:30Speaker 4: have a fun little time with that footage. Authornities. However,
- 1:02:35Speaker 4: it didn't take this as quite as funny. They arrested Sean,
- 1:02:39Speaker 4: and then the charges here kind of go for a
- 1:02:41Speaker 4: roller coaster, and in the meantime, while this is all
- 1:02:43Speaker 4: getting storted out in court, Sean was fired from the
- 1:02:46Speaker 4: DOJ where he worked as a paralegal, which you know,
- 1:02:50Speaker 4: I think if you're seeing. If you work under federal
- 1:02:53Speaker 4: employment and you're seeing, you know, throwing a sandwich at
- 1:02:56Speaker 4: a federal officer, you might expect some personal repercussions there.
- 1:03:00Speaker 1: Yep.
- 1:03:00Speaker 4: Now, like I said, Sean sort of became an unlikely
- 1:03:03Speaker 4: symbol of resistance here, and prosecutors treated it as such. Initially,
- 1:03:08Speaker 4: they attempted to charge Sean in federal court on a
- 1:03:12Speaker 4: felony charge of assault on a law enforcement officer, but
- 1:03:16Speaker 4: a grand jury was not buying that five dollars foot long.
- 1:03:19Speaker 4: They could not return an indictment on that count.
- 1:03:22Speaker 1: Now I want to I want to stop you right there.
- 1:03:24Speaker 1: That is so interesting because Rachel, I think you would
- 1:03:27Speaker 1: know so better than anyone else. It's generally very easy
- 1:03:31Speaker 1: to get a grand jury indictment. You don't need a
- 1:03:33Speaker 1: lot to indict.
- 1:03:34Speaker 4: So what's the saying you can indict a ham sandwich.
- 1:03:38Speaker 2: Foot long ham sandwich?
- 1:03:41Speaker 1: What do you think about that? That they couldn't get
- 1:03:43Speaker 1: an indictment.
- 1:03:44Speaker 2: They had no case, no case.
- 1:03:46Speaker 1: Okay.
- 1:03:48Speaker 4: Prosecutors ultimately did opt to move forward with this this
- 1:03:52Speaker 4: time instead on a charge of a misdemeanor assault, which
- 1:03:56Speaker 4: under this ruling here the specific wording on the it
- 1:03:59Speaker 4: is it ok? Hey, But it's forcibly assaulting, resisting, opposing, impeding, intimidating,
- 1:04:04Speaker 4: or interfering with federal officials or employees who are engaged
- 1:04:08Speaker 4: in their official duties. So the little little broader there
- 1:04:11Speaker 4: not a felony. They did take this one to trial,
- 1:04:14Speaker 4: as I said, so we got a trial on our hands. Now.
- 1:04:16Speaker 4: A part of the like the big manner of dispute
- 1:04:19Speaker 4: here was the intent of this whole thing, the intent
- 1:04:23Speaker 4: of this sandwich throw, whether this really qualified like as
- 1:04:26Speaker 4: an insult or an intimidation and the victim here. Greg
- 1:04:30Speaker 4: lair Moore testified that he mostly, you know, when this
- 1:04:33Speaker 4: sort of unfolded. Initially, he tried to just ignore some
- 1:04:37Speaker 4: of these comments that were being made by Sean. I'm
- 1:04:40Speaker 4: sure it probably wasn't the first time someone approached them,
- 1:04:43Speaker 4: especially like I said, this is a nightlife area in DC.
- 1:04:47Speaker 4: There are certainly some polarizing opinions about you know, federal
- 1:04:50Speaker 4: officers being posted there in the first place, and he's
- 1:04:53Speaker 4: trying to ignore these comments and everything until he said
- 1:04:56Speaker 4: he felt the impact of the sandwich through his bulletproof vest.
- 1:05:01Speaker 4: In his testimony, he said, the sandwich kind of exploded
- 1:05:03Speaker 4: all over my uniform. It smelled of onions and mustard.
- 1:05:08Speaker 4: Very shell shocking, sounds like very sounds like a very
- 1:05:11Speaker 4: disturbing ordeal. However, this one didn't quite hold up under
- 1:05:15Speaker 4: cross examination. Defense attorney here Sabrina Shroth, displayed a photo
- 1:05:20Speaker 4: of the sandwich still in its wrapper, lying on the
- 1:05:23Speaker 4: ground and ask the agent whether the sandwich had really exploded.
- 1:05:27Speaker 4: And if you've seen the video, the sandwich is in
- 1:05:29Speaker 4: the wrapper like it's you know, it's not like it's
- 1:05:32Speaker 4: not four.
- 1:05:33Speaker 1: K wrap those subway sandwiches. Yes, So is it cut
- 1:05:39Speaker 1: in half? That's always my thing, They always in half?
- 1:05:42Speaker 4: There was this one was actually properly cut, and it
- 1:05:44Speaker 4: looks like a decent cut. Sometimes you get you know, six,
- 1:05:48Speaker 4: sometimes you get it. Sometimes you get an eight inch
- 1:05:50Speaker 4: and a four inch. Sometimes it's it's wild over there. Anyways,
- 1:05:54Speaker 4: So the agent for the officer further testified here that
- 1:06:01Speaker 4: he had mustard and condiments on his uniform and an
- 1:06:03Speaker 4: onion hanging from his radio antenna that night. Now I
- 1:06:07Speaker 4: want to say this because I'm having trouble delivering any
- 1:06:10Speaker 4: of this without a smile, but they largely took this
- 1:06:15Speaker 4: case pretty seriously in court. Both sides. It seems like
- 1:06:17Speaker 4: the jury thought about this, which I'll get into their
- 1:06:19Speaker 4: deliberations here in just a second, But despite some like
- 1:06:22Speaker 4: small some small cracks and decorum like that, you know,
- 1:06:25Speaker 4: this was treated in court as a serious case. Now
- 1:06:29Speaker 4: during closing arguments here, the defense to Sabrina questioned whether
- 1:06:34Speaker 4: the officer really felt threatened, and they kind of got
- 1:06:39Speaker 4: into how his coworkers and stuff treated this after the incident.
- 1:06:43Speaker 4: His coworkers gave him a plush toy sandwich as sort
- 1:06:45Speaker 4: of a gag gift, and he displayed it on his
- 1:06:48Speaker 4: office on a shelf, and they also gave him like
- 1:06:51Speaker 4: a little insignia that he reportedly put in his lunchbox
- 1:06:56Speaker 4: and it showed like, you know, sort of a drawing
- 1:07:00Speaker 4: of Sean here hoisting the sandwich above his head, and
- 1:07:04Speaker 4: it had the words fell any footlong on it. So
- 1:07:06Speaker 4: it's kind of like, just from the way other people
- 1:07:09Speaker 4: reacted to it, you know, like your own fellow officers
- 1:07:11Speaker 4: and stuff, it's hard to say, like what, like was
- 1:07:13Speaker 4: this really ever an assault? Like was this really ever
- 1:07:15Speaker 4: an intimidation? Like it's kind of you know, it's kind
- 1:07:18Speaker 4: of hard to say, but he.
- 1:07:19Speaker 1: Shouldn't have thrown the sandwich at the officer. I mean
- 1:07:23Speaker 1: to it.
- 1:07:23Speaker 4: We'll get to it.
- 1:07:24Speaker 1: Okay, Look, I mean I get it. But at the
- 1:07:29Speaker 1: end of the day, you can't be throwing things at officers.
- 1:07:33Speaker 4: I understand, and I agree with you. And but this
- 1:07:36Speaker 4: went to the jury.
- 1:07:37Speaker 1: He had lost an eye.
- 1:07:38Speaker 4: I'm just will that'd be a very different case. But
- 1:07:42Speaker 4: this was ultimately left in the hands of the jury, who,
- 1:07:44Speaker 4: according to sources, reportedly enjoyed sandwiches during their delivery.
- 1:07:48Speaker 1: We get to say it, and no, they didn't get
- 1:07:52Speaker 1: Subway sandwiches. The judge would put on that one.
- 1:07:55Speaker 4: Probably not. And I've never gotten picked for a ve
- 1:08:00Speaker 4: so I've never gotten to enjoy. You know, a government
- 1:08:03Speaker 4: provided sandwich in a jury deliberation. But you gotta imagine
- 1:08:07Speaker 4: that there were a couple of people wanting to test
- 1:08:10Speaker 4: this theory out and chuck in a couple of sandwiches.
- 1:08:12Speaker 4: You gotta imagine that people were like, how.
- 1:08:15Speaker 1: Hard the wedding cake when you put it on the
- 1:08:18Speaker 1: ride of the groom you smear it on them?
- 1:08:20Speaker 4: How hard would this really hit you in the chest?
- 1:08:22Speaker 4: Like what would happen here? Anyways, they did take their
- 1:08:25Speaker 4: time with us, Like I said, they took this seriously.
- 1:08:27Speaker 4: They took several hours before delivering their verdict acquitting Sean
- 1:08:30Speaker 4: here of all charges. I think the defense attorney here
- 1:08:34Speaker 4: kind of said it best in their in their clothing arguments.
- 1:08:39Speaker 4: They said, this case, ladies and gentlemen of the jury,
- 1:08:41Speaker 4: is about a sandwich. And I do agree that, like
- 1:08:45Speaker 4: you shouldn't be throwing stuff at officers and everything. I
- 1:08:49Speaker 4: don't know. I'm always curious because we've seen this, you know,
- 1:08:52Speaker 4: we just talked about some of the evidentiary issues and
- 1:08:55Speaker 4: how you know prosecutors trying to get Clinnie's parents involved
- 1:08:58Speaker 4: may have opened a Pandora's box for them. What do
- 1:09:01Speaker 4: you think about this, Rachel, like trying to go for
- 1:09:03Speaker 4: felony here? Like was this a prosecutatorial overreach? Like was
- 1:09:06Speaker 4: this like what are your thoughts on someone who's worked
- 1:09:09Speaker 4: has worked more closely in the law than I have.
- 1:09:12Speaker 3: If you can't get a grand jury to indict your case,
- 1:09:14Speaker 3: you have a problem. This is not a felony case. Yes,
- 1:09:18Speaker 3: it could be a misdemeanor. I see it, And you
- 1:09:21Speaker 3: can't throw sandwiches at officers. And they want to protect
- 1:09:24Speaker 3: the offer, so they're going forward, like okay, where do
- 1:09:28Speaker 3: we draw the line if you can throw sandwiches, can
- 1:09:30Speaker 3: you now throw? You know, cookies? Can you throw? And
- 1:09:34Speaker 3: then so they're just trying to establish a line here.
- 1:09:38Speaker 3: But there is always prosecutorial discretion, and even though you
- 1:09:42Speaker 3: have a crime, it doesn't mean you have to prosecute
- 1:09:44Speaker 3: all of them. That's a lot of expense towards any
- 1:09:49Speaker 3: kind of prosecution, A lot of time and government resources.
- 1:09:52Speaker 2: Go into it.
- 1:09:53Speaker 3: So, you know, the officer, with all the sandwich jokes
- 1:09:57Speaker 3: and everything, he was fine. He could have probably just
- 1:10:01Speaker 3: moved through his day. But they overreached absolutely with the felony.
- 1:10:07Speaker 3: I think the misdemeanor charge could have gone either way.
- 1:10:12Speaker 3: It certainly is a misdemeanor if he intended to hit
- 1:10:15Speaker 3: the officer all of those things.
- 1:10:19Speaker 4: I'm curious do you think at any point so once
- 1:10:22Speaker 4: they weren't able to get the phlony, do you think
- 1:10:24Speaker 4: that there were some conversations where they were like, hey,
- 1:10:27Speaker 4: you plead guilty to this light misdemeanor charge, you do
- 1:10:29Speaker 4: some community service, like we all walk away from this,
- 1:10:32Speaker 4: like there's no need to put this in front of twelve.
- 1:10:35Speaker 3: So what actually happens in a lot of misdemeanor cases
- 1:10:38Speaker 3: that are just kind of on the line is somebody
- 1:10:43Speaker 3: has to go do community service anger management classes and
- 1:10:46Speaker 3: that it's called the judicial diversion, and the case gets
- 1:10:50Speaker 3: take like it's never charged, so they have this period
- 1:10:53Speaker 3: of time to complete these classes. There is like a
- 1:10:57Speaker 3: punishment for these people. And this is happening every day
- 1:11:00Speaker 3: all around you. And in Los Angeles where I am,
- 1:11:04Speaker 3: the city attorney does misdemeanors and the DA does felonies,
- 1:11:08Speaker 3: So there is a distinct different prosecuting body who handles
- 1:11:12Speaker 3: a misdemeanor from a felony. But often with misdemeanors that
- 1:11:17Speaker 3: just are probably not worth the trouble of twelve people
- 1:11:21Speaker 3: not going to work that day, et cetera, et cetera,
- 1:11:24Speaker 3: they implement this punishment, you know, two hundred hours of
- 1:11:29Speaker 3: community service or fifty hours of anger management classes. That
- 1:11:35Speaker 3: is horrible for this guy, right, that's real time that
- 1:11:38Speaker 3: he's got to go in and repent for the sandwich toss.
- 1:11:43Speaker 3: But then it's not on his record and you haven't
- 1:11:45Speaker 3: had to have a jury do this. It goes off
- 1:11:48Speaker 3: his record because that's where people fight. They don't want
- 1:11:50Speaker 3: a misdemeanor on their record. It shows up for their
- 1:11:52Speaker 3: jobs everything, but they still kind of get the punishment
- 1:11:55Speaker 3: they want through the prosecutorial agency, and this case was
- 1:12:01Speaker 3: probably appropriate for that, and the city attorney wouldn't have
- 1:12:04Speaker 3: gone through the expense and time and perhaps embarrassment of
- 1:12:08Speaker 3: losing this case or whoever the prosecutor, sorry, the prosecutor,
- 1:12:12Speaker 3: prosecutory body of you know, where this replaced.
- 1:12:18Speaker 4: Yeah, what a mess? That makes sense, This one, you know,
- 1:12:21Speaker 4: kind of polarizing because you know, I do agree that, like,
- 1:12:24Speaker 4: you know, you shouldn't be thrown You shouldn't be throwing
- 1:12:27Speaker 4: sandwiches at people. You know, No, there's other ways to
- 1:12:30Speaker 4: voice your protest or you know, displeasure with certain situations.
- 1:12:35Speaker 4: Minister Robinson said, So tossing food at someone is not
- 1:12:38Speaker 4: assault or littering. He should have been charged with both.
- 1:12:40Speaker 4: That is very disgusting, which, yeah, I.
- 1:12:43Speaker 1: Mean, like you I kind of agree, Yeah, yeah, I.
- 1:12:46Speaker 4: Guess they maybe a littering charge would have been a
- 1:12:48Speaker 4: little bit more.
- 1:12:49Speaker 1: I think if this had just been a misdemeanor, if
- 1:12:51Speaker 1: it had been handled and you know, and I don't
- 1:12:54Speaker 1: was there an apology, I guess because he was found
- 1:12:57Speaker 1: not guilty, he doesn't have to apologize.
- 1:13:00Speaker 4: No, he did own up to saying yeah, he did
- 1:13:01Speaker 4: throw the sandwich, just you know, didn't didn't agree with
- 1:13:05Speaker 4: the intent there.
- 1:13:07Speaker 2: It's the intent where you have the issue.
- 1:13:10Speaker 4: Yeah, yeah, And I also think, like I wonder too,
- 1:13:13Speaker 4: I mean, I guess, Rachel, there's probably more pressure on
- 1:13:16Speaker 4: you to move forward with some sort of charge when
- 1:13:18Speaker 4: you have video of an incident like this, like becoming
- 1:13:22Speaker 4: as widely circulated as it is, like you don't want
- 1:13:25Speaker 4: you know, like if all the eyes around you. I
- 1:13:27Speaker 4: would guess maybe that was some of like the impetus
- 1:13:29Speaker 4: in this case to sort of like move forward with something.
- 1:13:32Speaker 3: Yeah, it became a match of egos and all of
- 1:13:36Speaker 3: the things, most likely, but intent was always the issue
- 1:13:39Speaker 3: in this case, as you've spelled it out, you know.
- 1:13:43Speaker 4: Yeah, you know, we have some people, like I said,
- 1:13:46Speaker 4: some distractors obviously throwing a sandwich at an officer not great.
- 1:13:50Speaker 4: Some people were sort of endorsing this guy and kind
- 1:13:53Speaker 4: of we got some ideas for some for some sponsorship
- 1:13:58Speaker 4: here Corbyn Diea had lifetime free sandwich. Wh As I say,
- 1:14:00Speaker 4: which I mean, this is a this could be a
- 1:14:03Speaker 4: hell of a promotion for subway. I don't I don't
- 1:14:05Speaker 4: know if they want to that, but it's not helpful.
- 1:14:09Speaker 4: Jeff g said, wah wah needs to declare a Hogi
- 1:14:11Speaker 4: fest in honor of justice.
- 1:14:13Speaker 1: Being makes some good sandwiches.
- 1:14:15Speaker 4: Wawa sandwiches are so incredible.
- 1:14:18Speaker 1: So good those sandwiches. I like, my, can't waste that
- 1:14:23Speaker 1: and throw it.
- 1:14:24Speaker 4: No, my East Coast friends hyped up. I was like,
- 1:14:27Speaker 4: it's a gas station sandwich. How good?
- 1:14:28Speaker 1: It is, very good gas station sandwich.
- 1:14:30Speaker 4: My gosh, that is a heck of a sandwich.
- 1:14:33Speaker 1: It is fabulous.
- 1:14:34Speaker 4: I would not be thrown I would not be throwing
- 1:14:36Speaker 4: one of those.
- 1:14:37Speaker 1: No. No. When I was a reporter in South Jersey,
- 1:14:41Speaker 1: I'd have a Wahwa sandwich practically every day, or when
- 1:14:45Speaker 1: the crew and I would have to figure out where
- 1:14:46Speaker 1: we if we didn't bring our lunches. It's like wa
- 1:14:48Speaker 1: wa yes, yeah.
- 1:14:51Speaker 4: They got incredible sandwiches over there. I'm gonna end this
- 1:14:54Speaker 4: one on a comment from mister Honesty, who I think
- 1:14:57Speaker 4: really just sums up the whole thing pretty well. Really,
- 1:15:00Speaker 4: I said, such a waste of a perfectly good sandwich, which, honestly, yeah,
- 1:15:05Speaker 4: kind of like this. All parties involved, This was a
- 1:15:07Speaker 4: waste of a sandwich. This was an unnecessary thing to
- 1:15:10Speaker 4: do to do to an officer, and you know we
- 1:15:14Speaker 4: didn't need all the fallout probably from it. But that'll
- 1:15:17Speaker 4: do it for this section. I want to thank everybody
- 1:15:19Speaker 4: who left those comments. You can do that on our
- 1:15:21Speaker 4: YouTube community slash post page. And do you have any
- 1:15:24Speaker 4: other comments from our wonderful viewers that you'd like to share?
- 1:15:27Speaker 1: I do as you know, I like to read your
- 1:15:29Speaker 1: comments on YouTube. So in regards to last week's podcast,
- 1:15:33Speaker 1: which is about a husband who was charged with murdering
- 1:15:37Speaker 1: his wife by throwing her down twenty floors of his
- 1:15:41Speaker 1: luxury condo, this is Jimmy IK eight x Q right.
- 1:15:49Speaker 1: It's the love boalmbing and the beginning that makes a
- 1:15:54Speaker 1: controlling bond and addiction because the thing was everyone we
- 1:15:56Speaker 1: couldn't figure out. It's like, why does she keep going
- 1:15:58Speaker 1: back to him? Why does she keep going back to
- 1:16:00Speaker 1: him when he's so horrible? And then Lexia writes, what
- 1:16:04Speaker 1: a beautiful woman. I wonder what she saw in this
- 1:16:06Speaker 1: psycho Hello agreed, kudos to her family for fighting for
- 1:16:10Speaker 1: her before and after her death. I truly hope this
- 1:16:12Speaker 1: man is put away for life. He deserves the worst.
- 1:16:16Speaker 1: And then Madam Magato. Forgive me on this. I've commented
- 1:16:22Speaker 1: on this in so many places. But ladies, when he
- 1:16:24Speaker 1: shows you who he is, believe him the very first time.
- 1:16:29Speaker 1: Listen to him because he's showing you that he's a
- 1:16:32Speaker 1: control freak. That is him communicating who he is loudly
- 1:16:36Speaker 1: and clearly to you. Get out, go far, don't look back.
- 1:16:40Speaker 1: So right, so true. Thank you so much for your
- 1:16:43Speaker 1: kindness and again your observations on these cases. You all
- 1:16:47Speaker 1: are just so I just so spot on. I love it.
- 1:16:52Speaker 2: Yeah.
- 1:16:52Speaker 4: Yeah, we do really have a great community over there.
- 1:16:55Speaker 4: On YouTube, you can comment on any of our videos.
- 1:16:58Speaker 4: Anna does read your comments. You can also reach out
- 1:17:00Speaker 4: to us anytime on social media. We're across all platforms
- 1:17:03Speaker 4: at my True Crime News. But that'll do it for
- 1:17:05Speaker 4: this week's comment session. Until next week.
- 1:17:07Speaker 1: Don't do crime, Rachel, Oh, is such a pleasure having you.
- 1:17:11Speaker 1: Where can people find you or follow you on social media?
- 1:17:14Speaker 3: I'm at law and Rachel on Instagram and always available
- 1:17:18Speaker 3: on my website at zfzlaw dot com.
- 1:17:22Speaker 1: And many of you know that you can see Rachel
- 1:17:25Speaker 1: doing commentary for so many television stations and networks. You're
- 1:17:28Speaker 1: always everywhere. And then you're also in court. I don't
- 1:17:31Speaker 1: know how you manage, but always appreciative. You can find
- 1:17:36Speaker 1: me at Anta G News. You can find everything we
- 1:17:39Speaker 1: do at my True Crime News. Subscribe to our YouTube page,
- 1:17:43Speaker 1: get our newsletter. You know we just love hearing from you.
- 1:17:47Speaker 1: So until next time, this is True Crime News the Podcast.
- 1:17:50Speaker 1: I'm your host, Santa Garcia And as we now say,
- 1:17:54Speaker 1: crime never stops and NotI you're doing