Latest / The Mark Simone Show / Hour 2: The legal aspects.

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Hour 2: The legal aspects. · The Mark Simone Show

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Speaker 1: Now, the Mark Simone Show on 710WOR. Filling in for Mark,
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Speaker 1: here's Ken Rosado.
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Speaker 2: Nice to be with you on the Friday of Labor
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Speaker 2: Day weekend.
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Speaker 3: Hope you have nice Labor Day plans ready and just
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Speaker 3: hope you get out of Dodge without getting stuck in
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Speaker 3: a lot of traffic. You heard Daria talking about this
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Speaker 3: a little while ago, that if you're going to leave,
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Speaker 3: the earlier the better. When I was at Channel 7
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Speaker 3: over the decades that I was there, and I'm no
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Speaker 3: longer there, but had a good several decades there, a
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Speaker 3: couple of decades. When I was there, I remember with
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Speaker 3: each passing year, we would note that Labor Day getaway
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Speaker 3: would start earlier and earlier. And so I remember when
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Speaker 3: I first started there, it would be five o'clock, you know,
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Speaker 3: on the dot on Friday. Then it would be noon
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Speaker 3: on Friday. Then it would be, I guess, about 10
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Speaker 3: years ago, we started noticing that, no, 5 o'clock on Thursday.
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Speaker 3: That's when they're getting out. And now it's basically around
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Speaker 3: 11 on Thursday that things start. So from 11 to 2,
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Speaker 3: it starts getting hairy. And then it picks up on Thursdays.
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Speaker 3: This is it picks up again from 5 till about 8.
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Speaker 3: And then Fridays, we're noticing like one of the bad
1:14
Speaker 3: getaway times starts in about an hour. So if you
1:18
Speaker 3: haven't gotten out yet, you're going to hit a little
1:20
Speaker 3: traffic from this point forward. Just pack your patience, give
1:24
Speaker 3: yourselves extra time, take a deep breath, and don't let
1:28
Speaker 3: somebody frustrate you. Don't be that guy who, when you
1:31
Speaker 3: see the person blinking to get in the lane, you
1:33
Speaker 3: don't speed up and prevent them from getting in. Izzy
1:35
Speaker 3: is laughing because he knows what I'm talking about. Just,
1:38
Speaker 3: you know what? Let them go, wave, smile. You're all
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Speaker 3: trying to get to your destination, right? And enjoy your weekend. 800-321-0710,
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Speaker 3: the number to call, 800-321-0710. It is Ken Rosato in
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Speaker 3: for Mark Simone. So, of course, we are staying on
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Speaker 3: trial watch right now for those who didn't catch our
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Speaker 3: first hour. And yes, if you don't realize, the first
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Speaker 3: hour is now 9 a.m. for the great Mark Simone.
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Speaker 3: So what we talked about was the beginning, of course,
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Speaker 3: in Massachusetts of the Lindsay Clancy trial. There was drama
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Speaker 3: late yesterday afternoon. So what had happened, of course, was
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Speaker 3: somebody in the jury, if you missed it, or they
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Speaker 3: sent a note, the jury sent a note to the judge.
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Speaker 3: And apparently the judge instructed the jury once again to
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Speaker 3: get back to work. Somebody would not change their minds.
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Speaker 3: And the accusation was the person is not following the
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Speaker 3: judge's instructions and is stubborn and doesn't want to doesn't
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Speaker 3: want to budge. And the judge basically said, look, we
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Speaker 3: spent a lot of time on this. Get back to work.
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Speaker 3: Go back. I think you can do this. Go back
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Speaker 3: to work. So there was a little animation, if you will,
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Speaker 3: this morning at 9 a.m. when everybody got in the courtroom.
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Speaker 3: But the jury is now back at it. We'll see
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Speaker 3: what happens. Everybody you talk to is saying at this point,
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Speaker 3: no matter who you talk to, they think that something
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Speaker 3: will come to pass today. Either it will be a
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Speaker 3: hung jury. or there will be a conviction, or I
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Speaker 3: doubt there'll be an acquittal, but there'll be a conviction
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Speaker 3: on one of the counts. We talked to Kathy from
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Speaker 3: North Carolina before, and the options would be starting at
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Speaker 3: the bottom, starting at not guilty, which you're not going
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Speaker 3: to have because both sides acknowledge that children were killed,
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Speaker 3: that Lindsay Clancy killed the children. But is it not
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Speaker 3: guilty at all? Highly doubtful. Not guilty by lack of
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Speaker 3: criminal responsibility, which is what we would call the definition
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Speaker 3: of insanity, right? That's a possibility. Guilty of manslaughter, which
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Speaker 3: is what Kathy from North Carolina. And you know what?
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Speaker 3: My gut tells me that's the direction. I think Kathy's right.
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Speaker 3: Guilty of manslaughter, which would get you up to 20 years.
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Speaker 3: Guilty of second degree murder, which is life with possible parole.
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Speaker 3: or guilty of first-degree murder, which is deliberate premeditation, or
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Speaker 3: extreme atrocity, which is mandatory life with no parole. So,
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Speaker 3: you know, I think Kathy very rationally thought it all through,
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Speaker 3: and I thought her arguments made a lot of sense.
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Speaker 3: This is not trying to condone the actions of Lindsay Clancy.
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Speaker 3: She murdered her kids, period. The question is, though, how
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Speaker 3: should she be condemned for it? And give us a call.
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Speaker 3: We'd love to know what you have to say about it. 800-321-0710.
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Speaker 2: 800-321-0710.
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Speaker 3: Now, there are 12 members of the jury and six alternates.
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Speaker 3: On the main jury panel right now, there are nine women,
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Speaker 3: three men. My gut, my gut tells me that the
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Speaker 3: holdout is a guy. And my gut suggests the guy
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Speaker 3: wants the strongest sentence and that the others either want
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Speaker 3: a lesser sentence or Or something even less. I think
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Speaker 3: it would be a lesser chance. I think that I
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Speaker 3: would bet that the group either wants manslaughter or not
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Speaker 3: guilty by manslaughter or not guilty by criminal responsibility, which
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Speaker 3: in which case then they can assign her, if you will,
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Speaker 3: to an institution. And she would be supervised at that point.
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Speaker 3: But we'd love to know what your opinion is of it.
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Speaker 2: And you know what?
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Speaker 3: None of us know. None of us were there looking
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Speaker 3: at the evidence and none of us are in the jury,
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Speaker 3: with the jury in the jury room, not even the attorneys.
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Speaker 3: We can only guess at this point what they're talking
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Speaker 3: about and who the holdout is. So we'll see what happens.
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Speaker 3: We'll find out. My gut says today. 800-321-0710, 800-321-0710. Now,
5:43
Speaker 3: there are other things in the news other than the
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Speaker 3: Lindsay Clancy trial. Did you hear about gubernatorial candidate A
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Speaker 3: guy I think is great and I'm hoping for him,
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Speaker 3: Nassau County Executive Bruce Blakeman. He's been referring to Governor
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Speaker 3: Kathy Hochul as Hijab Hochul. So now as recently as
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Speaker 3: August 28th and apparently several times before that, Governor Hochul
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Speaker 3: has visited mosques or Islamic centers dressed in a headscarf
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Speaker 3: or a hijab. And if you're an elected official and
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Speaker 3: you are just visiting a religious center like that, you
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Speaker 3: are neither required nor even expected to wear a hijab
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Speaker 3: any more than a Christian is expected or required to
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Speaker 3: wear a yarmulke when they visit a temple, a kippot.
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Speaker 3: If you go to a temple, I mean, if you
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Speaker 3: want to participate or you don't want to stand out,
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Speaker 3: you can put on a kippot. But there are a
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Speaker 3: lot of Jews who go to a temple who don't
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Speaker 3: even put on their yarmulkes. You know, I know I've
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Speaker 3: had relatives. I'm married into a family that's partly Jewish,
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Speaker 3: and I've been to many a gathering, bar mitzvahs and whatnot,
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Speaker 3: where either non-Jewish members of the family or even non-practicing Jews,
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Speaker 3: they don't put on a kippah. The men don't put
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Speaker 3: that on. So, you know, if you want to, you
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Speaker 3: can and whatever. But Kathy Hochul, being that this is
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Speaker 3: an election year, she hasn't done this apparently before, but
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Speaker 3: now that it's election year and she's trying to kiss
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Speaker 3: the butt of every group she can, she shows up
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Speaker 3: wearing a hijab. And I think it's, I think, honestly,
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Speaker 3: it is condescending. It would be the equivalent of, I think,
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Speaker 3: somebody who is, I know you go, This is going
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Speaker 3: to cause people to get all upset. But if you
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Speaker 3: show up at a gathering of people who happen to
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Speaker 3: be Italian and you start talking.
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Speaker 2: Hey, how you doing? Hey, how you doing?
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Speaker 3: You know, that's appropriation is what it is in essence.
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Speaker 3: Or you show up to a group of people who
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Speaker 3: are black and start doing what Hillary Clinton did, patronizing, saying,
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Speaker 3: I have a bottle of hot sauce in my bag.
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Speaker 2: It's like, excuse me?
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Speaker 4: What are you assuming?
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Speaker 3: All black people walk around with a bottle of hot sauce.
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Speaker 3: It's just so condescending. And so look at me. I
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Speaker 3: think just like you. No, you don't stop it. We
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Speaker 3: should celebrate our differences and celebrate. We're all different in
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Speaker 3: our own way, whatever. And we know, Kathy, that you
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Speaker 3: are not a Muslim. Ergo, you do not have to
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Speaker 3: wear a hijab walking into an Islamic center, especially not
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Speaker 3: when you're not going into a prayer service, especially. You're
8:16
Speaker 3: going into a center, not necessarily a mosque. I mean,
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Speaker 3: most Islamic centers, or many at least, do have the
8:21
Speaker 3: mosque attached. But she didn't have to. And the point is,
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Speaker 3: she didn't do it beforehand. And it's obvious she's kissing butt.
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Speaker 3: And that's why Bruce Blakeman called her hijab hokal, because
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Speaker 3: she's obviously culturally appropriating and kissing butt. Well, she, of course,
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Speaker 3: to defend herself, she of the very bad caps on
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Speaker 3: her teeth, said that it was just reprehensible. what he
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Speaker 3: is calling irreprehensible. No, you wore a hijab. And your
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Speaker 3: name is Hochul. What's reprehensible about it? You don't like it?
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Speaker 3: Maybe you're being sensitive because you don't like that you
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Speaker 3: were called on the carpet for what you did. But
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Speaker 3: you could pay respect to a group of people without
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Speaker 3: culturally appropriating, especially when you don't normally do that. Do
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Speaker 3: you normally wear a headscarf, Kathy? One of your staff,
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Speaker 3: I guarantee, tell me which member of your staff you
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Speaker 3: gave 50 bucks and said, go ahead and find me
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Speaker 3: one of these things. A real nice one so that
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Speaker 3: I look like I fit in. you didn't look like
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Speaker 3: you fit in Kathy. That's just face facts.
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Speaker 5: 800-321-0710.
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Speaker 3: Tell me if I'm wrong. I could be wrong. Do
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Speaker 3: you think you should? I don't know. Have I worn a,
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Speaker 3: here I was, I was a Catholic priest. Have I
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Speaker 3: put on a yarmulke at some temple services?
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Speaker 4: Yeah.
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Speaker 3: When it was like my nephew or cousin, whatever, through
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Speaker 3: my marriage, my nephews are too young on my other
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Speaker 3: half side. but they're about to be, one is about
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Speaker 3: to be bar mitzvahed. But, My cousins who have been
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Speaker 3: bar mitzvahed, yeah, I think once or twice I did
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Speaker 3: put on a kippot. I was at a wedding, a
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Speaker 3: Jewish wedding. But it's funny because some of the Jews
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Speaker 3: who were there in the family, the men were not
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Speaker 3: wearing yarmulkes. And here I had a yarmulke on. But
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Speaker 3: I did that more because as a priest, you know,
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Speaker 3: we can wear something like that when you're ordained. And
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Speaker 3: I'm no longer a priest. I don't function as one.
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Speaker 3: But you wear something called a zucchetto. The Pope, most famously,
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Speaker 3: and bishops still wear them, the white one for the Pope.
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Speaker 3: And then you have, depending on if it's a bishop
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Speaker 3: or a cardinal, They wear the bright red or the
10:21
Speaker 3: subdued burgundy red for the bishops. They wear a zucchetto.
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Speaker 3: Zucchetto literally means little pumpkin because it looks like the
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Speaker 3: top of a pumpkin, a jack-o'-lantern. So that's why it's
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Speaker 3: zucchetto in Italian. But it's basically, it's a yarmulke and
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Speaker 3: it's a head covering. And it was originally there because
10:37
Speaker 3: when you became a priest, even earlier, you became a subdeacon,
10:41
Speaker 3: they would shave a little piece of your hair to
10:44
Speaker 3: show that you were sacrificing for God. And they would
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Speaker 3: cover it with that because it was cold. That's where
10:50
Speaker 3: it started. And then later they said, well, it's sort
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Speaker 3: of like in Judaism, you cover your head in the
10:54
Speaker 3: presence of God, etc. But priests can still technically wear that.
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Speaker 3: So that's why I say I use that as an excuse.
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Speaker 3: I'm putting it on. But Kathy Hochul has no reason
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Speaker 3: to put on a hijab. You could still pay your respects.
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Speaker 3: And it's nice. And you should pay respects by going
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Speaker 3: to an Islamic center. They are part of your electorate.
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Speaker 3: But don't patronize by putting on a job when you
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Speaker 3: normally wouldn't. 800-321-0710, 800-321-0710. Some other news, of course, today,
11:27
Speaker 3: the big, big news for those who caught this maybe
11:31
Speaker 3: yesterday and you're wondering, what's going on, Ken? You know
11:33
Speaker 3: the inside. I don't know the inside, but I can
11:36
Speaker 3: only hypothesize what happened with Maria Bartiromo. We talked about
11:40
Speaker 3: this a little bit in the nine o'clock hour. Maria
11:42
Speaker 3: is a great lady. I worked with Maria for probably, what,
11:46
Speaker 3: 10 years doing the Columbus Day Parade when I was
11:49
Speaker 3: at Channel 7. Joe Piscopo, Maria, and I would co-host it.
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Speaker 3: She could not be more delightful. I never get to
11:57
Speaker 3: use that word, delightful, but she truly is. She's a
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Speaker 3: kind person, very down-to-earth. There is zero pretense. When you're
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Speaker 3: around Maria Bartiromo, she will tell you no matter what.
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Speaker 3: If she sees something that looks silly, she'll tell you.
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Speaker 3: She doesn't hold back. She's very real. All right. So
12:15
Speaker 3: I say that because that sort of tells me that
12:19
Speaker 3: she would be a true friend. She knew Donald Trump
12:22
Speaker 3: for decades, way before him becoming president, because he was
12:26
Speaker 3: a active in the business community in New York. And
12:29
Speaker 3: of course she was first on CNBC, then on Fox business,
12:33
Speaker 3: kind of the, the go-to human, the first person to
12:35
Speaker 3: broadcast from the floor of the stock exchange. And, you know,
12:38
Speaker 3: she is the real deal when it comes to business news,
12:42
Speaker 3: few people are as connected or know as many important
12:46
Speaker 3: people in the business as her. All right. And I
12:49
Speaker 3: could see her feeling a certain level of, uh, What's
12:55
Speaker 3: the word I'm looking for? A certain level of obligation, loyalty,
12:59
Speaker 3: fealty to the president because she knows him so long.
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Speaker 3: So the allegation, and we don't know that any of
13:05
Speaker 3: this is true. The allegation is that with the whole
13:11
Speaker 3: voting machine issue that where Fox had to settle $ 775
13:15
Speaker 3: million plus with the voting. I don't even want to
13:19
Speaker 3: mention the name of the company. I'm not going to.
13:21
Speaker 3: But this happened several years ago where Fox paid out
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Speaker 3: of court to settle a case where there were accusations
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Speaker 3: that by President Trump that the 2020 election was stolen
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Speaker 3: and that he had suggested that the voting machines in
13:36
Speaker 3: some cases were hacked or that there was fraud involving them.
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Speaker 3: There was no evidence of that. Now, you know, we
13:45
Speaker 3: don't know 20 years from now what we could find out,
13:46
Speaker 3: but we don't know 20 years from now we could
13:48
Speaker 3: find out that the sky was really purple. Who knows?
13:50
Speaker 3: The bottom line is. The president was just shouting that
13:54
Speaker 3: and with no evidence. And as a result, the folks
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Speaker 3: at Fox were sued and they settled. And they settled
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Speaker 3: for a lot of money, three quarters of a billion dollars.
14:05
Speaker 3: So you can imagine how sensitive the corporation is about
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Speaker 3: anybody talking about it or passing on word to the
14:12
Speaker 3: White House about your internal conversations about it. When a
14:15
Speaker 3: company pays you millions of dollars to be their anchor,
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Speaker 3: you do what they tell you. And if you don't
14:20
Speaker 3: want to do what they tell you, you go and
14:22
Speaker 3: you say, all right, let's break the contract. Very nice
14:24
Speaker 3: knowing you. I'm leaving. But the allegation is that she
14:28
Speaker 3: reached out to the White House and shared information with
14:31
Speaker 3: the White House about Fox allegedly not wanting to give
14:35
Speaker 3: enough coverage to the president during a speech because he
14:38
Speaker 3: was going to talk about these voting machines. And that
14:42
Speaker 3: she may have shared that information. That's the allegation. We
14:46
Speaker 3: don't know. But if that was in fact the case
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Speaker 3: and Fox terminated her, they'd have every right to. Do
14:51
Speaker 3: I think that she is a bad person?
14:54
Speaker 6: Zero.
14:54
Speaker 3: She is a lovely person. And I know she's going
14:57
Speaker 3: to do whatever she wants in a very good way
15:00
Speaker 3: and be very successful here on in. And I'm just
15:02
Speaker 3: kind of sad not to see her on Fox anymore.
15:04
Speaker 3: That's it. 800-321-0710, 800-321-0710. We will take your calls next.
15:11
Speaker 3: It is 1021 and you're listening to Ken Rosato and
15:13
Speaker 3: for the great Mark Simone, 710WOR.
15:17
Speaker 1: The Mark Simone Show. Now nine till noon weekdays.
15:21
Speaker 4: On 710WOR.
15:23
Speaker 1: Guest hosting for Mark today. Here's Ken Rosato.
15:28
Speaker 3: And a very happy.
15:29
Speaker 2: Friday of Labor Day weekend. Good to be with you.
15:31
Speaker 3: Let's go to the busy phones and they are busy
15:33
Speaker 3: right now. Let's go to Vincent in Brooklyn. Good morning, Vincent.
15:36
Speaker 4: Can you hear me, Ken? Yes, sir. All right, Ken.
15:39
Speaker 4: About 65 years ago, this woman who lived next door
15:43
Speaker 4: to us, she gave birth to her second child. And
15:47
Speaker 4: then shortly thereafter, she lived in a family building with
15:50
Speaker 4: other siblings. Her siblings noticed that something was off.
15:55
Speaker 7: The woman.
15:56
Speaker 4: became withdrawn. She wouldn't go out. She always looked like
15:59
Speaker 4: she was sad. So they took her to see a
16:04
Speaker 4: psych and everything, and she was judged as having postpartum depression. Now,
16:09
Speaker 4: maybe she also suffered from depression beforehand, but this manifested
16:15
Speaker 4: itself after her second child. And luckily, she did get help,
16:20
Speaker 4: and it took several years of therapy and help also
16:27
Speaker 4: from a loving family, and she eventually was well again.
16:34
Speaker 4: She snapped out of it, but she didn't try and
16:39
Speaker 4: assassinate her children and everything, and she did the heavy lifting.
16:44
Speaker 4: She did the work. She went to therapy, and in fact,
16:48
Speaker 4: at one point, initially when she was diagnosed, she was like,
16:54
Speaker 4: Practically catatonic, and they hospitalized her for a couple of
16:58
Speaker 4: weeks just, I guess, to stabilize her. But with the
17:03
Speaker 4: love of her family, and she did the heavy lifting,
17:07
Speaker 4: and she was all right. I believe this woman in Boston,
17:13
Speaker 4: this young lady, should spend the rest of her life
17:17
Speaker 4: in a mental institution for the criminally insane because... whether
17:23
Speaker 4: she had depression beforehand or this was postpartum depression. The
17:27
Speaker 4: fact is, after she tried to kill herself, when she
17:31
Speaker 4: awoke in the hospital, when she woke up, she said,
17:35
Speaker 4: do I need a lawyer? That's what she said. Now,
17:40
Speaker 4: that sounds like it's premeditated to me. The fact that
17:43
Speaker 4: you sent your husband out on errands long enough So
17:47
Speaker 4: there you could get a Pilates band and wrap it
17:50
Speaker 4: around your kid's neck. I mean, that has to be,
17:53
Speaker 4: that's got to be the coolest thing in the world.
17:55
Speaker 3: And I just want to jump in, Vincent, because Kathy
17:58
Speaker 3: from North Carolina did have a good point, that postpartum
18:00
Speaker 3: depression is different from postpartum psychosis, which is what they're claiming.
18:04
Speaker 3: And postpartum, I'm just going to read from the interwebs.
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Speaker 3: It says here, postpartum psychosis is a rare, severe medical
18:12
Speaker 3: emergency involving a loss of touch with reality. Whereas postpartum
18:16
Speaker 3: depression is more common mood, a mood disorder marked by
18:18
Speaker 3: prolonged sadness and anxiety without detachment from reality. So the
18:23
Speaker 3: question is, did she have postpartum psychosis in which she
18:27
Speaker 3: did not have touch with reality? And I see your point.
18:29
Speaker 3: Your point is, well, if she lost touch with reality,
18:33
Speaker 3: How could she do what she did in terms of
18:35
Speaker 3: sending her husband out to get the.
18:36
Speaker 4: Exactly. That's where the premeditated part comes in. And by
18:40
Speaker 4: the way, about the yarmulkes, about 20 years ago, I
18:44
Speaker 4: went to a Jewish wedding. It wasn't Orthodox, but they
18:49
Speaker 4: were conservative Jews. And adjacent to the reception hall was
18:56
Speaker 4: the shul. And as the people were walking in, as
18:58
Speaker 4: the men were walking in, A rabbi goes to hand
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Speaker 4: me a yarmulke, and I turned to him and I said,
19:04
Speaker 4: I'm Christian. And I was not going to put on,
19:08
Speaker 4: you know, just like I wouldn't expect somebody to hang
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Speaker 4: a cross around their neck if they went in.
19:13
Speaker 3: And I think most, they know that too. I mean,
19:15
Speaker 3: I don't, I know a bunch of rabbis having, you know,
19:18
Speaker 3: done interfaith weddings with them and things like that when
19:20
Speaker 3: I was functioning as a priest. And I don't know
19:23
Speaker 3: a rabbi that would ever, ever force you to wear that.
19:26
Speaker 3: You know, it's entirely on you.
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Speaker 4: About 65 years ago, the first one in my family,
19:33
Speaker 4: my cousin Richard, married a woman who was Jewish. And
19:37
Speaker 4: that day, we went and celebrated first in a church,
19:42
Speaker 4: and then we went to a synagogue to celebrate the
19:46
Speaker 4: union of my cousin and his bride. It was the
19:49
Speaker 4: greatest thing in the world. world. Temples are gorgeous.
19:52
Speaker 3: Some of the temples in New York are just beautiful.
19:54
Speaker 3: Oh my gosh. Christians, in many cases, have never been
20:00
Speaker 3: in a temple. When you go in a temple, you
20:02
Speaker 3: realize where Christianity gets its foundation from, and you go, oh,
20:05
Speaker 3: this is where it all comes from. So it's for
20:08
Speaker 3: good education.
20:08
Speaker 4: Jesus was born a Jew.
20:09
Speaker 3: Absolutely. All right, my friend Vincent, have a good Labor
20:12
Speaker 3: Day weekend.
20:13
Speaker 4: Always a pleasure. Great speaking to you, as always, and
20:17
Speaker 4: I love the show when you sit in for Mark.
20:19
Speaker 3: Thank you.
20:20
Speaker 2: But I'm like you.
20:21
Speaker 3: I still prefer listening to Mark. I listen every day,
20:23
Speaker 3: and I hear you on with Mark every day and
20:25
Speaker 3: get a kick out of the fact that I get
20:27
Speaker 3: to talk to you.
20:27
Speaker 4: Well, I appreciate you very much, Ken.
20:28
Speaker 3: Thank you.
20:29
Speaker 4: I appreciate it. I appreciate you being there for Mark.
20:31
Speaker 3: Thank you so much, my friend. Vincent, have a good weekend.
20:34
Speaker 4: You too. Thank you.
20:35
Speaker 3: Let's go over to Joe in Elmwood Park. Hello, Joe.
20:38
Speaker 3: Good morning and happy Labor Day weekend.
20:39
Speaker 6: Vincent's right on again, as usual. You mean to tell
20:42
Speaker 6: me if somebody proves that our election wasn't legit, they'll
20:47
Speaker 6: get chastised? And how many illegals is Mickey Shirley going
20:51
Speaker 6: to take in her house?
20:53
Speaker 3: Well, number two, zero is the answer for that. And
20:56
Speaker 3: number one, no, I think I get what your point is.
20:59
Speaker 3: It's not a matter of if it wasn't legit, because
21:01
Speaker 3: it may, you know, who knows if it was or wasn't. Look,
21:04
Speaker 3: the fact is we just found that there were hundreds
21:06
Speaker 3: of people, at least, that we know for a fact voted,
21:09
Speaker 3: we don't know which election, but did vote in New Jersey.
21:12
Speaker 3: We know that. So that's why I'm so tired of reading...
21:15
Speaker 3: When certain publications love to say with absolutely no evidence
21:19
Speaker 3: at all that there was any illicit voting. Yeah, no,
21:21
Speaker 3: there is evidence. Now we have the governor of New Jersey,
21:24
Speaker 3: a liberal Democrat, acknowledging hundreds of people who should not
21:27
Speaker 3: have voted did register and they did vote. Thousands registered.
21:31
Speaker 6: And when is Mark Wayne Mullen and Army Dillon and.
21:35
Speaker 6: Nick Shirley, come in here.
21:36
Speaker 3: We're still waiting. You don't know that they're not working
21:39
Speaker 3: on it right now. I mean, the fact is, look,
21:41
Speaker 3: that we've had in New York State alone, the fact
21:44
Speaker 3: that they removed thousands, over 3,000 illegals who had criminal records.
21:50
Speaker 3: And I think most people still do want anyone who's
21:54
Speaker 3: here illegally to be removed if you voted for Trump.
21:58
Speaker 3: But I think everybody, even if you didn't vote for Trump,
22:01
Speaker 3: you want people who are criminals. to be gone, no
22:04
Speaker 3: matter if they're legal or not. You just want them
22:05
Speaker 3: off the streets. So anyone who says, oh, no, I
22:08
Speaker 3: don't understand someone who would want somebody who's a criminal
22:12
Speaker 3: off the streets, unless they're here illegally, then they could stay,
22:14
Speaker 3: even if they're a criminal. That doesn't make sense to me.
22:16
Speaker 3: I don't know. But, Joe, enjoy your Labor Day weekend.
22:19
Speaker 3: Always a pleasure talking to you. You bet. Have a
22:22
Speaker 3: good one.
22:22
Speaker 6: 800-321-0710.
22:22
Speaker 3: 800-321-0710 is the number to call. And coming up in
22:24
Speaker 3: just 10 minutes, we're going to speak with attorney Imran Ansari,
22:33
Speaker 3: friend of mine, actually my own attorney, regarding the Lindsay
22:36
Speaker 3: Clancy trial. And he will give us some insight that
22:39
Speaker 3: maybe many of us don't have.
22:41
Speaker 1: Live from the WOR LifeVac studios, the Mark Simone Show.
22:47
Speaker 1: Guest hosting for Mark today, Ken Rosato.
22:50
Speaker 2: It's so good to be with you, the Friday before
22:52
Speaker 2: Labor Day.
22:53
Speaker 3: Labor Day weekend kicking off officially. We got some jobs
22:56
Speaker 3: numbers in that are actually very good.
22:58
Speaker 4: The U.S.
22:59
Speaker 3: Economy adding 162,000 jobs in August. And that beat all
23:03
Speaker 3: the forecasts and it kept the unemployment rate steady at 4.1%,
23:08
Speaker 3: according to the Bureau of Labor Statistics. And that is,
23:12
Speaker 3: in fact, they said that they had expected, the economists
23:15
Speaker 3: expected that 53,000 jobs would be added. And we got
23:19
Speaker 3: three times that, 162,000, more than three times that. So
23:23
Speaker 3: pretty darn good. Also, they revised July's numbers up to
23:28
Speaker 3: a gain of 21,000 jobs from a previously reported loss
23:32
Speaker 3: of And average hourly earnings grew by 3.1% from a
23:36
Speaker 3: year ago. Now, that's showing a little bit of a
23:38
Speaker 3: cooling trend, but it's still good. Now, you don't want
23:41
Speaker 3: the wages to increase by too much because then you
23:44
Speaker 3: get inflation. So many economists are saying these are really
23:47
Speaker 3: good numbers as we come into the fall season. As
23:51
Speaker 3: we approach two months from now, we approach the midterm elections. 800-321-0710, 800-321-0710,
24:00
Speaker 3: the number to call. And, you know, the Lindsay Clancy
24:03
Speaker 3: trial captivating and polarizing the nation. On one side, you
24:06
Speaker 3: have women who've suffered postpartum depression or worse. In this case,
24:11
Speaker 3: this is an accusation of postpartum psychosis. Finally, some of
24:18
Speaker 3: the women saying, you know what, the world is paying
24:19
Speaker 3: attention to the depression that we went through and they
24:22
Speaker 3: are taking a closer look at this. But the other side,
24:25
Speaker 3: you have a society that simply cannot accept what this is.
24:29
Speaker 3: A mother allegedly murdering her own three children, especially in
24:33
Speaker 3: what appears to be such a horrific manner. Attorney Imran
24:37
Speaker 3: Ansari is a partner and head of civil litigation at
24:40
Speaker 3: the law firm Idalla, Bertuna & Cammons. Full disclosure, he's
24:44
Speaker 3: also not only my friend, but my attorney. We say
24:46
Speaker 3: good morning to you, Imran.
24:48
Speaker 7: Good morning, Ken.
24:49
Speaker 3: Thanks for having me. Thanks for coming on. So, you know,
24:51
Speaker 3: what do you think the holdup is with the jury?
24:53
Speaker 3: There are all sorts of theories. But based on your
24:55
Speaker 3: experience in a courtroom, what do you think is going on?
24:59
Speaker 7: You know, as trial attorneys, we try to read the
25:02
Speaker 7: tea leaves whenever we have a jury deliberating, trying to
25:06
Speaker 7: get some idea where they're leaning, trying to read into
25:09
Speaker 7: the jury notes that are sent out while they're deliberating.
25:12
Speaker 7: But often you really can't read those tea leaves and
25:15
Speaker 7: a jury will surprise you. with their verdict, even though
25:19
Speaker 7: you thought they may be going one way or the other. Here,
25:22
Speaker 7: with the Lindsey Clancy trial, we have the jury deliberating
25:25
Speaker 7: over a case, Ken, that you accurately reflected or commented
25:30
Speaker 7: that it's polarizing the nation. And it's reflected in that jury,
25:34
Speaker 7: I believe, based on the fact that they're deliberating.
25:37
Speaker 3: They are at a deadlock.
25:40
Speaker 7: And what we now learn is that it's 11 to 1.
25:42
Speaker 7: There is one holdout juror who is not coming on
25:49
Speaker 7: board with the other jurors to a unanimous verdict. So
25:52
Speaker 7: this trial, this case may very well be a mistrial
25:56
Speaker 7: because of one single juror holding out. And you can't
26:00
Speaker 7: fault that juror. In fact, there's some questions out there,
26:04
Speaker 7: why isn't the judge sort of putting some pressure on
26:07
Speaker 7: this juror? Kevin Rennington, who is the defense attorney, wanted
26:11
Speaker 7: to bring this juror out and question him or her
26:16
Speaker 7: as to why they are holding out. But you can't
26:20
Speaker 7: do that, right? The sanctity of the jury is that
26:23
Speaker 7: unless this juror is not following the instructions or the
26:26
Speaker 7: law or is doing something improper, you really can't do
26:30
Speaker 7: anything to sway them from an outside standpoint because that's
26:34
Speaker 7: how the jury works. And if ultimately the juror decides
26:37
Speaker 7: that they're not going to come on board with the
26:40
Speaker 7: other jurors for a unanimous verdict, then you're going to
26:43
Speaker 7: have a mistrial.
26:44
Speaker 3: Now, here's a question, because it could be anything from
26:47
Speaker 3: not guilty to not guilty by lack of criminal responsibility,
26:50
Speaker 3: which would be what a lot of states call insanity,
26:52
Speaker 3: guilty of manslaughter, second degree or first degree murder. Those
26:56
Speaker 3: are the options for the jury. Do they all have
26:59
Speaker 3: to decide on one of those five? So all 12
27:03
Speaker 3: have to unanimously decide that it's guilty of first degree
27:07
Speaker 3: or can say half of them say first degree and
27:10
Speaker 3: some of them say second degree and then they rationalize it. Well,
27:13
Speaker 3: how does it work?
27:15
Speaker 7: No, it has to be a unanimous verdict. And if
27:18
Speaker 7: there is any sort of discrepancy with the charge, there
27:24
Speaker 7: could be very well a verdict on one that's unanimous,
27:28
Speaker 7: yet there is a lesser included, which is not unanimous.
27:34
Speaker 7: But you have to lead the jury to one unanimous
27:37
Speaker 7: verdict at least, so there's not a complete mistrial in
27:41
Speaker 7: a case. And here you have options as to murder,
27:46
Speaker 7: but then you have not necessarily a not guilty verdict,
27:50
Speaker 7: but not criminally responsible by reason of mental disease or defect,
27:56
Speaker 7: and that's really the option that this jury is weighing here.
28:00
Speaker 7: And you can see that over the course of these days, Ken,
28:04
Speaker 7: they've been deliberating just as the drama may be unfolding
28:09
Speaker 7: outside of the courtroom and on the public stage and
28:13
Speaker 7: the court of public opinion, there may very well be
28:16
Speaker 7: drama unfolding inside that jury deliberation room. And I think
28:20
Speaker 7: I talked about reading the tea leaves, but now we
28:23
Speaker 7: really have a better picture on what's going on in
28:25
Speaker 7: there when you have one holdout juror. So you could
28:28
Speaker 7: imagine there must be some tensions flaring in that deliberation
28:33
Speaker 7: room between the jurors who have made their decision and
28:37
Speaker 7: the juror who is holding out. But it was a
28:41
Speaker 7: tough case to grapple with, even from the public standpoint.
28:45
Speaker 7: And certainly if you have the juror with that very,
28:47
Speaker 7: very heavy responsibility on your shoulders, and making a decision
28:51
Speaker 7: on this case with three young lives tragically lost at
28:55
Speaker 7: the hands of their mother. But then on the other hand,
28:59
Speaker 7: you have a very compelling defense argument that she was
29:03
Speaker 7: so sick from this postpartum psychosis and the postpartum depression
29:09
Speaker 7: that led her here that she may very well not
29:12
Speaker 7: understood or appreciated the criminality of her conduct.
29:15
Speaker 3: And so we just want to remind everybody, you're listening
29:17
Speaker 3: to 710WOR, The Voice of New York. It's Ken Rosato
29:21
Speaker 3: in for Mark, along with attorney Imran Ansari, who is
29:24
Speaker 3: from the law firm Idala Bertuna Kamens. And we are
29:27
Speaker 3: talking about, of course, the Lindsay Clancy trial. So I
29:30
Speaker 3: guess one of the other questions I get confused about is,
29:33
Speaker 3: she's been charged with all of those counts, right? This
29:37
Speaker 3: way they could try to convict on one of the counts.
29:40
Speaker 3: So the point I'm trying to make is say they
29:43
Speaker 3: conclusively say, well, she's guilty of this, not guilty of that,
29:47
Speaker 3: but we can't decide on this.
29:49
Speaker 2: You know what I mean?
29:50
Speaker 3: Is that then a hung jury if on one of
29:52
Speaker 3: the counts they're hung?
29:54
Speaker 7: Yes, yes, that's a real possibility. And then it's unlikely
29:58
Speaker 7: that a prosecutor would seek to retry on one charge
30:02
Speaker 7: that they couldn't reach a unanimous decision on. If they
30:06
Speaker 7: reach a unanimous decision on first-degree murder, that's it. That's
30:10
Speaker 7: a first-degree murder conviction. that Lindsay Clancy is facing with
30:15
Speaker 7: life imprisonment. But if it's a lesser charge and they
30:21
Speaker 7: convict on that, well, that's also a conviction. If they
30:27
Speaker 7: find that she's not criminally responsible, well, that's sort of
30:33
Speaker 7: a full sweep right there, right? Because that defense would
30:36
Speaker 7: absolve her from that crime and any of the lesser
30:41
Speaker 7: included charges that they would have brought and you know
30:44
Speaker 7: ken i'm a former prosecutor myself and often you know
30:47
Speaker 7: you're you're going for the top count for a conviction
30:50
Speaker 7: uh but the jury may render a verdict of not
30:53
Speaker 7: guilty or they can't reach a decision but then they
30:56
Speaker 7: can't convict on another charge or a lesser charge um
30:59
Speaker 7: and that's a scenario that could happen here there.
31:01
Speaker 3: You go well i'm so glad we had you on
31:03
Speaker 3: because that helps clear a lot up i i feel
31:06
Speaker 3: a little more enlightened on some things but uh we
31:08
Speaker 3: really don't know what they're yelling about right now behind
31:10
Speaker 3: those closed doors and Who that one person is, the holdout.
31:14
Speaker 3: I have a theory and I put it on the line, Imran.
31:16
Speaker 3: I'm saying it's a guy because there are nine women,
31:19
Speaker 3: three men, and I'm saying it's a guy. My gut
31:22
Speaker 3: is telling me it's a guy and that he wants
31:24
Speaker 3: something more stringent. He wants a serious conviction and that
31:29
Speaker 3: the others want something lesser. That's what my gut is
31:31
Speaker 3: telling me.
31:41
Speaker 7: And maybe, you know, your prediction is accurate based on
31:44
Speaker 7: that sort of body language from the female jurors.
31:47
Speaker 3: I appreciate it. Attorney Imran Ansari, partner and head of
31:50
Speaker 3: civil litigation at the law firm Idalla, Bertuna & Kamens
31:53
Speaker 3: here in New York. My friend and personal attorney, thank
31:56
Speaker 3: you for coming on this morning, Imran.
31:58
Speaker 7: Thanks for having me, Ken.
31:59
Speaker 3: You bet. Happy Labor Day weekend. We're going to have
32:02
Speaker 3: nice sunshine today, by the way. Highs in the mid
32:04
Speaker 3: to upper 80s. And again, we're going to take your
32:06
Speaker 3: calls next, 800-321-0710.
32:11
Speaker 7: 800-321-0710.
32:11
Speaker 3: It's Ken Rosato in for Mark Simone on your Friday 710WOR.
32:18
Speaker 1: The Mark Simone Show. Now 9 till noon weekdays.
32:23
Speaker 5: On 710WOR.
32:24
Speaker 1: Guest hosting for Mark today. Here's Ken Rosato.
32:28
Speaker 2: And let's try to get in a couple of calls
32:30
Speaker 2: right now. Michelle, good morning.
32:31
Speaker 3: You're on the Mark Simone Show.
32:34
Speaker 5: Hi, Mark. How are you?
32:36
Speaker 2: This is Ken.
32:37
Speaker 3: Mark is off, but it's okay. I'll still take the call.
32:39
Speaker 5: Oh, Ken.
32:39
Speaker 3: That's all right.
32:40
Speaker 5: You know what? I got so flustered that I said Mark,
32:44
Speaker 5: and you said Mark Simone.
32:45
Speaker 7: Okay.
32:46
Speaker 5: Good morning. Happy Labor Day weekend. I want to let
32:49
Speaker 5: you know that when you left Channel 7, I left
32:53
Speaker 5: Channel 7.
32:55
Speaker 3: Well, I don't ask people to do that. I still
32:56
Speaker 3: watch them. Channel 7, look, they're great at what they do.
33:00
Speaker 3: And they gave me, Michelle, they gave me $ 20. Of
33:03
Speaker 3: the best darn broadcast years. How many people ever get
33:06
Speaker 3: to say they love their job and they got to
33:08
Speaker 3: do it for 20 years? So I can't. I don't
33:11
Speaker 3: fault them.
33:13
Speaker 5: That's actually very true. And I like that attitude. But
33:19
Speaker 5: my husband and I were very excited. I was listening
33:22
Speaker 5: to Mark one day and I'm like, that's not Mark's voice.
33:25
Speaker 5: And I was like, I know that voice. What is
33:27
Speaker 5: that voice? And then you said it's Ken Rosato. I
33:29
Speaker 5: was like, that's Ken Rosato. So very exciting. I called
33:33
Speaker 5: today not only to say hi to you, also to
33:37
Speaker 5: send a hi out to Vincent. My husband and I
33:39
Speaker 5: moved out of Brooklyn two years ago, and hearing Vincent
33:42
Speaker 5: every day makes us feel a little less homesick.
33:46
Speaker 2: Isn't he the best?
33:48
Speaker 3: Love Vincent.
33:48
Speaker 5: He is the best. And he's got a lot of
33:51
Speaker 5: unique perspectives that I don't always think of. And so
33:56
Speaker 5: it's definitely great to hear him. But I'm now going
33:59
Speaker 5: to somebody else leaving. Maria Bartiromo. Maria Bartiromo is from
34:04
Speaker 5: the neighborhood that my husband and I grew up in Brooklyn.
34:06
Speaker 5: You mentioned her family's restaurants before. We had parties there.
34:13
Speaker 5: We had the reposes from family funerals there. It's disappointing
34:19
Speaker 5: because I feel like when they make mistakes on the
34:23
Speaker 5: other side of the fence and they maybe get sued
34:28
Speaker 5: for it, their people don't get let go. But when
34:32
Speaker 5: it's our side of the fence, I feel like they
34:34
Speaker 5: tend to be a little bit more, you know, there's
34:38
Speaker 5: a little bit more persecution. And it's also very upsetting
34:42
Speaker 5: to me as a Italian-American woman for somebody to get
34:47
Speaker 5: let go because she was such a great role model
34:50
Speaker 5: for not only the girls in the neighborhood, but any
34:53
Speaker 5: woman who was coming up or any Italian-American who was
34:57
Speaker 5: coming up in the business field. She made a lot
35:00
Speaker 5: of strides, and it's just disappointing.
35:02
Speaker 2: Michelle, I've got to cut you.
35:04
Speaker 3: Michelle, I don't mean to be rude because I could
35:05
Speaker 3: talk to you for an hour, but it's news time.
35:08
Speaker 3: We've got to cut off for that.
35:09
Speaker 2: But I'm with you.
35:10
Speaker 3: She's a great person. Having sat and talked with her
35:13
Speaker 3: for hours on end, she is as lovely as she
35:15
Speaker 3: appears on the air, and I'm sure she's going to
35:17
Speaker 3: do great. But, Michelle, thank you for your kind words.
35:20
Speaker 3: I appreciate you calling in. And the number coming up
35:22
Speaker 3: for the next hour, 2-800-321-0710. It is 11 o'clock. Time
35:24
Speaker 3: now for the news.