That's okay. Not okay though, when they have so little offense, they're
back out at tomorrow night. Angels in town and the felly see what happens.
But until then, James Bogan, of course, is an eminent criminal
defense attorney. There's a terrible case in Clark County in which a eighty one
year old man has been charged with murder for allegedly shooting an Uber driver who
thought she was picking up a package from the man's house. Both appeared to
have been victims of a scam telephone call. The Clark County Sheriff's Office set
in a news release the Uber driver, Loalitha Hall, was found shot multiple
times in the driveway of William Brock. He Brock called nine to one one
and said he had an injury to his head and ear and was bleeding when
police arrived and the Hall, a black woman, was taken to a hospital,
where she died of her wounds. It appears an unknown man told Brock,
the eighty one year old, over the phone, he needed to pay
twelve thousand dollars to get his nephew out of jail. Brock told police the
call her threatened to kill him and his nephew pay the ransom, and the
same caller later called the Uber driver to pick up the package from Brock.
So when the Uber driver showed up, Brock thought she was part of the
scam and that he was going to be killed by her and maybe his nephew.
All hell's breaking loose, and a matter of additional information on this before
we go to James Bogan, whose time is expensive. I had a friend,
a pretty good friend, who husband recently died, and I told my
buddy that I'll look out for his wife. And she calls me one evening
and says I may have done something wrong. And I said, well,
I'll call her Teresa. I said, Teresa, what is it? She
said, A man's coming over to pick up twenty thousand dollars in cash for
me. I'm going, what what do you mean twenty thousand? Well,
this is what happened. I have a PayPal account and yesterday there was twenty
thousand dollars put into my PayPal account by mistake. And I'm told by this
PayPal enforcement officer that I don't pay the money back, I'm going to be
arrest I said, what. So I called a sheriff's department met me over
there at her place. We waited for the Uber driver to arrive. The
driver did not arrive, blocked at the gatesment, coming in the gated community.
And she's still frightened. A few weeks later the Uber driver might show
up somewhere and demand twenty thousand dollars. This is happening, James Bogan,
Welcome again to the Bill Cunningham Show. And James described the legal issues present
with the Uber driver and the eighty one year old man now stars with murder
and does he have a viable defense if any. He charged with murder,
felonious assault and kidnapping. And here's what happened when the Uber driver showed up,
she knocked on the door. At that point, this man, William
Brock, he should have stayed inside and called nine to one one. Instead
he went out with a gun to confront her. This is on video which
is online. I've watched the video and he came out with the gun,
was pointing it right at her. She had her hands up, you could
see your hands. All she's holding is her cell phone, nothing else.
He's sitting there pointing the gun at her. Forces following her back as she's
backing away, and she only had the phone in her hand, clearly not
armed. He had plenty of time to assess this, and then he took
her phone from her, refused to let her leave, and that's where he
had the kidnapping and it. Then he shot her multiple times at point plank
range and the Ohio rule of self defenses, the state has to prove deadly
force was necessary to prevent serious bodily harm or death, either to himself or
another person, or to defend his Basically, he could do it to defend
his residence too. The first place where he screwed up was going outside to
confront her instead of calling nine to one one. And then, when he
had plenty of time to assess the situation, while he's painting the gun at
her, she's very clearly unarmed, he decides to shoot her. In fact,
she was empty handed when he shot her because he had taken her phone.
Is there a defense of temporary insanity justification eighty one years old? Is
he's suffering from medical conditions? He's old, he's a frail. Does that
play into it at all? If you're eighty one and kind of out of
it like Joe Biden? It might play in the mitigation a bit. Legally,
there's no such thing as temporary insanity really, because you clearly have to
not know right from wrong, and here having getting stressed being scared, that
doesn't count. Otherwise nobody would be convicted a murder. All you'd have to
do is say, hey, I was temporarily scared, distressed, whatever you
want to call it. So I was temporary insane. What advice can you
give? Because we have someone here who works at the station who had a
relative somehow, AI was involved in emulate at the conversation of a granddaughter to
a grandparent, using the exact same voice of the granddaughter AI did. It's
saying I'm in jail and I got to get out, and this is how
to go and get some sort of visa card in order to get me out
of jail. It was like two thousand dollars. How does someone protect themselves?
Is it a password? What do you do well? I mean,
Melissa Powers are a good prosecutor. She's been doing a good job of educating
the public, geared at educating the elderly about scams and things she does along
those lines I think could help. But what you have is you just got
to Unfortunately, it's about just education. You just have to know, Hey,
when you get this call a D and C, this is what you
do. And say you get a call from somebody, Hey, this is
your nephew. I'm being held in whatever county. I think a good rule
of thumb would be to actually call that county jail or whatever law enforcement office
do you applic to verify that that person is actually there. And the other
thing the PayPal account twenty thousand dollars put in by mistake, and enforcement officers
are coming by. You're going to be arrested unless you pay back the cash.
This woman actually went to the bank, went to two different banks and
collected twenty thousand dollars in cash and one hundred dollars bills ready to give them,
and then the account was going to be cleared. I'm thinking, well
what Yeah. Another red flag is when they mentioned stuff like PayPal or paypals
involved, or they say get a credit card, get gift cards. That
was don't pay bond in gift cards. It's amazing how people get themselves in
these circumstances. Is this a growing part of American society today, especially with
older folks. Yeah, and you just have scam callers period. I mean
I had some foreign guys calling me ones yelling at me that they were the
United States government agency. They called you. What happened? Oh? I
started cussing them out every which way you could and they hung up. Well,
let's move on to Part B, which is today. This morning,
Judge Marshan had a juror that was seated. They seated seven jurors and one
of the jurors was a thirty seven year old female oncologist nurse who lived with
a fiancee and worked at a large New York hospital. She came to court
this morning and told Judge Marshawan, I don't think I can serve. He
went to in camera, which is off, which is in the chambers with
all the lawyers, and she said that because my friends and family discovered that
I'm thirty seven years old, of course, that I lived with my fiance,
that I'm an oncologist nurse and work in a large hospital, they identified
me as a juror in this case and they started calling me and my friend
saying, you know, you got to find him guilty. You know you
got to do that, And so she felt intimidated and she told the judge
she can't serve anymore. And there's another juror who seemingly lied in order to
get on the jury. One of them said that she has no political feelings
pro or con against Donald Trump. Then she had media postings and when she
and her friends were dancing on election night saying the King is dead, the
witch is dead Donald Trump, and she lied, and that woman was also
thrown off the jury. You've been in these high profile murder case. How
a murder case. This isn't murder, of course, this is a paperwork
thing. But how unusual is it for a juror during the trial and after
they've been seated to have family members coerced them for a defenditive verdict, which
was guilty. That's very rare. I mean you very rarely see that happen
at all. I've ever had that sort of thing happen on one of my
cases. And the reason is because most people walk into court and they look
at the defender, don't know who he is. But if somebody will walk
into Donald Trump's criminal case and say, I don't know who that guy is,
it's like you don't want that person on the jury, and Lastly,
there's two lawyers on the jury. Both of them are in medium sized law
firms, and when they check their are social media postings. Each believe in
DEI. Each work in law firms that hire and fire based upon race or
sexual orientation, which is by itself, I think illegal. But we live
in different times. Would you, as a lawyer, want lawyers on this
kind of a case if they're as long as they're not posting about their views.
Certainly, the defense gets ten peremptory challenges under New York law, plus
two for each alternature. Now, peremptory challenge is when you can excuse a
juror without giving a particular reason, but you have an unlimited number of challenges
for cause, but those are For example, there is one juror who said
that she got her car to spread the honking cheers, that there's an actual
dance party on ninety sixth Street, and she denied that she was at some
anti Trump rally called the celebratory moment, said the magic words that she could
be impartial and she was not excused for cause. Yeah, Judge Marshon said,
that's okay. If that's not for cause, then what is? And
we've gone at the defendant in court, and that required the Trump's lawyers to
use one of their peremptory, which is discretionary. That required the defense to
use one of their challenges they should not had to have done. But that's
the way things are now to a couple. Last thing, Judge Marshawan himself
personally made contributions financially to the Committee to Elect Joe Biden and Judge Marshawn's daughter
as a political activist that's raised about one hundred million dollars for democratic causes and
candidates. So the judge's daughter, who's a fully mature adult, has raised,
according to the New York Post, ninety six million dollars for Adam Schiff
and for Kamala Harris and for Joe Biden. So is the family conflicted If
the daughter of the judge is raising money off the Trump trial? Does that
sound right to you? You definitely have the appearance of a conflict of interest,
which is really all you need to raise the issue properly and in the
abundance of caution. I think any decent judge would have in these circumstances were
to accuse themselves. And this is where you likely want to have a visiting
judge, you know, an outside judge come in instead of going, instead
of taking it on and having to deal with all these kinds of issues.
There is the parents of a man reversible error. Now when the judge's family
is financially benefiting, and she had commissions of eighteen million dollars, so when
you raise money, you get a cut of the pie. So when she's
raising money off the trial as a Democratic progressive activist and she gets commissions,
she puts in her pocket. That doesn't directly benefit Judge Juan Marshan, but
the family has benefited, and many parents want to spend their time trying to
benefit their own children, especially their adult children, and this has enhanced their
standing in democratic progressive circles greatly. She's now the go to person to give
money to and get her cut to me. That's the definition of an appearance
of impropriety, which is judge doesn't recognize. Well, we'll continue to do
this. It's Krol's going to take anywhere from four to eight more weeks and
we'll get the analysis down the road, and maybe the opening statements are going
to be Monday or Tuesday. But I think the railroad is on the track
and hopefully it'll be derailed at some point. But when jurors are getting off
the case because of politicking this early on doesn't speak well for sitting in an
impartial jury. James Bogan, Criminal Offense Attorney, once again, thank you
for coming on the Bill Cunningham Show, and we'll do it again. Thank
you, James, Thank you Bill. As always a privilege, Let's continue
with more. Imagine sitting in court on trial for your life because he's facing
twenty years in prison on these ridiculous charges, and the state prosecutor wants to
enforce federal election laws. When the federal election attorney said in Washington there were
no violations, Bill Barr said there was no violations, and the current Attorney
General, Mary Garland decided not to prosecute the case at all, and the
US Attorney's office in the Southern District of New York said, we're not prosecuting
this case because there's no case. Sy Vance, the predecessor to the current
New York prosecutor, said he's not going to take the case because there's no
case here. State prosecutors cannot enforce federal law, which makes the whole thing
of felony. All let's continue with more later on, We're going to have
Chris Fattis will be here about what's going going on with the European study that
indicates the transgender drugs and surgeries and long term terrible health consequences is worse than
doing nothing. Going through the process is bad for children us. Coming up
later, Reds baseball off today, thank god, back at it over the
weekend, plus next week at seven game homestand with the Angels in town and
also then the Phillies back on track. We hope all A news radio seven
hundred WLW listening to a woman shop in the produce section isn't funny? Yeah,
A sail on cucumbers listening to a woman poot next to the Granny smiths
ooops is funny. Eddie and Rocky are also funny. So when you think
of an apple farterer ooops, think of Eddie and Rocky, Eddie and Rockey.
This afternoon at three one, seven hundred wldom, my trees are showing
signs of disease and damage. So I called the expert, Gregory Lester at
Tree Health Surgeon. Greg is a certified arboris with a