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<v Speaker 1>It's with Dan Ray.

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<v Speaker 2>I'm telling you easy Boston Radio.

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<v Speaker 3>All Right, so we're talking about the Karen Reid trial.

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<v Speaker 3>The second trial now scheduled for April first. It looks

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<v Speaker 3>as if it will proceed on schedule. We'll have to

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<v Speaker 3>see what happens in the next two months. But today

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<v Speaker 3>the Massachusetts State Supreme Court unanimously decided to reject her appeal,

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<v Speaker 3>particularly as it relates to double jeopardy, saying that the

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<v Speaker 3>judge was not required to do anything more than she

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<v Speaker 3>than she did. Judge Beverly Canoni, and she will be

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<v Speaker 3>the presiding judge beginning on April first, and will be

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<v Speaker 3>very similar to a year ago. It will probably start

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<v Speaker 3>in April and wind its way through May and maybe

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<v Speaker 3>get to the jury sometime in June. So it's sort

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<v Speaker 3>of like just the calendar is going to be taken

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<v Speaker 3>back a year. And the question is was the court

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<v Speaker 3>correct in their decisions today? In my opinion, there was

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<v Speaker 3>an opportunity for them to at least leave an instruction

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<v Speaker 3>for future trials in Massachusetts when a jury comes back,

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<v Speaker 3>and the way it goes is the jury sends a

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<v Speaker 3>note to the judge and there's not a lot of

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<v Speaker 3>conversation generally between the jury four person and the judge.

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<v Speaker 3>Sometimes there's absolutely no conversation.

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<v Speaker 4>I was not in.

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<v Speaker 3>Court when these notes were passed back three times. According

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<v Speaker 3>to the the State's High Court, the state Supreme Court,

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<v Speaker 3>the judge did what only what she was obligated to do,

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<v Speaker 3>didn't have any further obligation. I think that the judge,

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<v Speaker 3>you know, in the interest of judicial economy, should have

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<v Speaker 3>said to the four person, are you telling the court

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<v Speaker 3>that you are deadlocked on all three counts? Count one,

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<v Speaker 3>count two, and count three?

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<v Speaker 4>Yes? Or no?

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<v Speaker 3>That's all? And if they said yes, we're deadlocked on

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<v Speaker 3>all three counts at that point, as long as no

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<v Speaker 3>jurors said whoa, wait a second, hold it, wait a second,

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<v Speaker 3>that would have been the end of it. If if,

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<v Speaker 3>on the other hand, the fourth person said, we're deadlocked

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<v Speaker 3>on one count, your honor, the judge then could have

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<v Speaker 3>easily said, have you reached a verdict?

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<v Speaker 4>Have you reached.

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<v Speaker 3>Consensus in the jury room if the guys, if the

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<v Speaker 3>four person said, yes, your honor, we have reached consensus

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<v Speaker 3>on two of the three counts, the judge then could

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<v Speaker 3>have said, well, there's nothing wrong with the partial verdict.

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<v Speaker 3>Please go back to the jury room, and if you

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<v Speaker 3>remain in consensus, feel free to fill out the verdict

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<v Speaker 3>slipt on whatever verdicts you have reached, and I will

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<v Speaker 3>take those verdicts and we will declare a mistrial on

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<v Speaker 3>the verdicts that you have not reached consents.

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<v Speaker 4>It's as simple as that.

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<v Speaker 3>But the quote chose not to give that guidance or

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<v Speaker 3>that instruction, although from a practical point of view, I

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<v Speaker 3>think any judge going forward would be swat to follow

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<v Speaker 3>that that advice. Let me go to the call is

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<v Speaker 3>going to go to Fred and Needham. Fred, you were

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<v Speaker 3>next on nights. I appreciate you holding through the news.

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<v Speaker 3>Go right ahead, Fred, I am.

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<v Speaker 5>I agree with you and a couple of the previous calls.

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<v Speaker 5>I feel really sorry for this women. The state and

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<v Speaker 5>the judge are doing a lousy job. But from my experience,

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<v Speaker 5>personal experience many years ago, the minor situation and this

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<v Speaker 5>is like we're talking maybe thirty years ago at least.

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<v Speaker 5>But you know, if there's a second trial, and whether

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<v Speaker 5>it's defense or prosecution, second time around, they do a

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<v Speaker 5>lot of bitage job and they usually they make out

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<v Speaker 5>my bandit's getting their ways. So I think she's in trouble.

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<v Speaker 5>I think the state is going to do a lot

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<v Speaker 5>better job in in spite of everything that's going on.

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<v Speaker 5>So that's my opinion. I think she's in big trouble

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<v Speaker 5>because they're out together, and second time around, they're going

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<v Speaker 5>to be a lot smarter than they were the first time.

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<v Speaker 3>Well, I think they have a very experienced lawyer in

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<v Speaker 3>Hank Brennan. I don't know Attorney Brennan very well, but

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<v Speaker 3>I know enough of his reputation to know that he

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<v Speaker 3>will come very well prepared. I think that he will

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<v Speaker 3>probably be interact with the jury more effectively than the

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<v Speaker 3>assistant district attorney who handled the case the first time.

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<v Speaker 3>But at the same time, the defense now normally in

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<v Speaker 3>a situation like this, knows where the prosecution's going. They're

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<v Speaker 3>a little bit more familiar with the evidence. Maybe they

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<v Speaker 3>can find they can poke holes in the evidence more effectively.

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<v Speaker 3>I mean, it's it's a chess game. It's a chess match,

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<v Speaker 3>even though it deals with the wives and in this case,

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<v Speaker 3>the death of a human being and the future life

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<v Speaker 3>of Karen Reid. It sounds to me like you think

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<v Speaker 3>that they're going to be able to get a prosecution

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<v Speaker 3>to get a successful prosecution the second time around, is

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<v Speaker 3>what I'm hearing you say.

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<v Speaker 5>Between the lines, right, because because they're going to be

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<v Speaker 5>a lot smarter than the first time. But the other thing,

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<v Speaker 5>where does Karen Reid these lawyers sound that she has.

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<v Speaker 5>They sound intredibly expensive. Where does she get that kind

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<v Speaker 5>of money to be able to afford lawyers of the

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<v Speaker 5>scalab I'm glad she has them, but it's I.

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<v Speaker 3>Think if I'm not mistaken, and someone might know better

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<v Speaker 3>than me, but I believe that she has a GoFundMe

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<v Speaker 3>page which has raised I think I've seen figures close

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<v Speaker 3>to a half a million dollars or maybe more. Her

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<v Speaker 3>legal expenses far exceed that. I assume the lawyers may

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<v Speaker 3>be giving her a little bit of a break because

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<v Speaker 3>the one thing that a lot of criminal defense lawyers

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<v Speaker 3>enjoy is some notoriety in publicity because that will drive

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<v Speaker 3>other clients to them, so they may be they may

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<v Speaker 3>be in it. And and what happens sometimes is a

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<v Speaker 3>lawyer really gets committed to the case and is willing

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<v Speaker 3>to give the their client a little bit of a

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<v Speaker 3>break on the on the costs, particularly when it gets

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<v Speaker 3>up to these sort of figures.

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<v Speaker 4>I mean, we were talking about.

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<v Speaker 3>A minimum of a million dollar case and it probably

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<v Speaker 3>is going to be close to two million dollars when

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<v Speaker 3>you had in the second trial. So now that's some

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<v Speaker 3>factors that play. And I don't know if she has

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<v Speaker 3>family money or whatever, but but lawyers are you know,

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<v Speaker 3>no lawyer is going to walk away from her at

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<v Speaker 3>this point.

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<v Speaker 4>She does not have to worry about that. In my opinion,

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<v Speaker 4>it's good to know.

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<v Speaker 5>And uh, thanks for then. The other thing though, it's, uh,

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<v Speaker 5>you know, right from the beginning, Uh, I had dinner

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<v Speaker 5>with friends around the time of this trial in Canton,

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<v Speaker 5>and the neighborhood. Uh they you know, people who are

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<v Speaker 5>a lot closer to what's going on in Canton were

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<v Speaker 5>really suspicious of the whole thing. So I think the state,

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<v Speaker 5>like you said, it's a chess game, unfortunately, and uh,

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<v Speaker 5>it's more of a chess game and an out together

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<v Speaker 5>situation by the prosecution. And uh, in a way, I'm ashamed.

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<v Speaker 5>I'm ashamed of that that that our state is uh

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<v Speaker 5>is behaving the way they are in this case. It's uh,

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<v Speaker 5>they you know, they're capable of a lot, uh a

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<v Speaker 5>lot better behavior than they're they're showing in this case,

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<v Speaker 5>and that opportunity.

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<v Speaker 3>Yeah, for the from the point of view of the prosecutor,

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<v Speaker 3>if the prosecutor were sitting with you and me tonight,

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<v Speaker 3>that prosecutor would say, look, an individual unnecessarily lost their

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<v Speaker 3>life that night, and the state has an obligation to

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<v Speaker 3>find out what happened and whether there was any criminal

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<v Speaker 3>culpability involved in his death. Now, if it was a

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<v Speaker 3>pure accident in which there were no you know, no

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<v Speaker 3>factors which pushed it beyond simple accident, then it's an accident.

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<v Speaker 3>But they need to they would argue that as a prosecutor,

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<v Speaker 3>they they need to find out if there was any

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<v Speaker 3>criminal intent, any criminal negligence, gross negligence involved here. That

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<v Speaker 3>that because someone lost lost their life. I mean, the

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<v Speaker 3>the O'Keefe family has lost a son and a father.

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<v Speaker 3>So that's the balance the prosecutor has to has to

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<v Speaker 3>take into consideration.

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<v Speaker 5>I mean, just one last thing. I agree with you

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<v Speaker 5>that if it just like you said, if it's an accident,

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<v Speaker 5>I think after all this time, they should know. You know,

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<v Speaker 5>I had respect for for our system in Massachusetts. If

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<v Speaker 5>it was an accident, they should know. And I think

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<v Speaker 5>I hate to say it. I think they're out to

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<v Speaker 5>get this woman, even knowing it was an accident. I think.

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<v Speaker 4>I think there are many people, There were many.

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<v Speaker 3>There are many people on your side of the courtroom

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<v Speaker 3>who's shared that point of view.

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<v Speaker 4>Fred.

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<v Speaker 3>Appreciate you taking the time and the corriage to call tonight.

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<v Speaker 4>Talk to you soon.

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<v Speaker 5>Oh, thank you, Dan, Okay, good night.

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<v Speaker 3>All right, keep rolling here A six one seven four

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<v Speaker 3>ten thirty. That's the only line that's opened right now.

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<v Speaker 3>All the others are full six one seven two five

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<v Speaker 3>four ten thirty. Back with more phone calls right after

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<v Speaker 3>the break.

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<v Speaker 1>Now back to Dan Way live from the Window World.

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<v Speaker 2>Nice sights too, yours Don Basy News Radio.

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<v Speaker 3>Most of the callers on this topic tonight have been men.

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<v Speaker 3>So let's go to Diane and Peabody and see what

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<v Speaker 3>she thinks. Diane, you were next on Nightside.

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<v Speaker 4>Welcome.

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<v Speaker 6>Hi, thank you so much for having me on the call,

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<v Speaker 6>and thank you for covering this very, very heartbreaking case.

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<v Speaker 6>I have been following this case really since day one.

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<v Speaker 6>I remember when she was arrested and walked in with

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<v Speaker 6>her face mask on and her hands cut behind her back,

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<v Speaker 6>and something just didn't feel right to me right from

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<v Speaker 6>day one, it didn't make sense to me how this woman,

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<v Speaker 6>who was highly successful and by all accounts from everybody

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<v Speaker 6>who knew her, just a really loving, caring, wonderful person,

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<v Speaker 6>how all of a sudden she just lost her mind

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<v Speaker 6>and either on purpose or accidentally killed her boyfriend.

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<v Speaker 3>And then I think of the one of the arguments

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<v Speaker 3>that was involved was there was a lot of drinking

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<v Speaker 3>going on that night.

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<v Speaker 6>Yes there was, And if you tuned into Ted Daniel's

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<v Speaker 6>interview with her last night or Super Bowl evening, she

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<v Speaker 6>admitted that there was a lot of drinking that happened

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<v Speaker 6>in their relationship in general. When you think about it,

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<v Speaker 6>he was a Boston police officer. It's kind of strange

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<v Speaker 6>that he let her drive when she was that intoxicated.

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<v Speaker 6>And what the prosecution is alleging is that she had

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<v Speaker 6>nine Votga tonics. I don't know if you've ever seen

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<v Speaker 6>Karen Reid, but I don't think she even tips the

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<v Speaker 6>scales at ninety five pounds, and she has a multitude

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<v Speaker 6>of health issues, so the likelihood of her being able

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<v Speaker 6>to drink nine Votga tonics over a period of four

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<v Speaker 6>to five hours is pretty absurd. That being said, you know,

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<v Speaker 6>when you think about the prosecution's entire case, their theory

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<v Speaker 6>is that they were out drinking, they were invited to

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<v Speaker 6>an after party. They pulled up to the after party

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<v Speaker 6>at some point Karen and John allegedly gotten a really

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<v Speaker 6>heated argument. He got out of the car, and she

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<v Speaker 6>deliberately or accidentally knowingly hit him with her vehicle and

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<v Speaker 6>left him for dead. With that awareness of that, then

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<v Speaker 6>she drove home to his house, where his niece and

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<v Speaker 6>nephew were, and then called her mother and father to

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<v Speaker 6>allegedly confess to doing this, and then decided to call

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<v Speaker 6>John repeatedly and lead very hateful voicemails, and then decided

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<v Speaker 6>to call two of his friends who are particularly Diane.

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<v Speaker 3>I think we're Diane. I think we're familiar with a

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<v Speaker 3>lot of that. And again, I'm you clearly believe that

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<v Speaker 3>that something untoward has happened to to to Karen Reid.

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<v Speaker 3>I understand that, and clearly you have a lot of

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<v Speaker 3>more insight into her personality. You mentioned the fact that

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<v Speaker 3>if if you're a Boston cop and you've been drinking, uh,

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<v Speaker 3>you probably don't want to drive, and he might have

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<v Speaker 3>been more than happy to have her drive in case

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<v Speaker 3>you get pulled over and you're a Boston cop.

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<v Speaker 4>That can cost you a job. So there's arguments on

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<v Speaker 4>both sides, you know, and and it's going to get unfortunately.

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<v Speaker 2>Well let me yeah, go ahead.

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<v Speaker 4>I just you were making the case, you were making

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<v Speaker 4>the closing eyes.

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<v Speaker 6>That I didn't hear that you. Yeah, let me just

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<v Speaker 6>hear say something that I don't think you touched on

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<v Speaker 6>this evening. And a lot of callers did touch on

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<v Speaker 6>a lot of great things. But before the jury went

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<v Speaker 6>to deliberation, there was a serious issue and a serious

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<v Speaker 6>concern about that jewelry ballot and it was raised by

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<v Speaker 6>Attorney Jackson and and that was really and she got

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<v Speaker 6>really angry.

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<v Speaker 4>Yeah she did.

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<v Speaker 6>We're absolutely allow.

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<v Speaker 3>Me to at least confirm you're correct, okay, but I

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<v Speaker 3>also want you to know it was alluded to last hour.

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<v Speaker 3>So yeah, there was some confusion there, and there's some responsibility.

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<v Speaker 3>Again when you're the judge, you're in charge, and you're

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<v Speaker 3>in charge for all the right reasons as well as

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<v Speaker 3>the wrong reasons. And uh, it's too bad that she

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<v Speaker 3>did not inquire the judge did not inquire of the

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<v Speaker 3>jury for person and make sure that they were indeed

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<v Speaker 3>deadlocked on all three counts because maybe two of them

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<v Speaker 3>could have been disposed of.

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<v Speaker 5>Thank you much as great agreed.

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<v Speaker 6>Actually a very bad for her, But she does have

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<v Speaker 6>she does have a lot of donations coming her way.

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<v Speaker 6>So she's up to almost a million dollars in donation

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<v Speaker 6>from people not only in the Commonwealth of Massachusetts, but

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<v Speaker 6>actually all around the world and as far as Australia is.

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<v Speaker 6>So that's where in part she's getting the money. Plus

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<v Speaker 6>she sold her house. So thank you so much for

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<v Speaker 6>covering this really important case.

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<v Speaker 5>I appreciate it.

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<v Speaker 3>Yep, we'll continue to us well, thanks for listening. Thank

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<v Speaker 3>you much, Thank you, Diane. Let me go to John

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<v Speaker 3>in Bridgewater. John, appreciate your patience here next one night,

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<v Speaker 3>Zacher right.

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<v Speaker 2>Ahead, Hi Dan, how are.

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<v Speaker 4>You good, sir? What's your take on this?

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<v Speaker 2>My take is that when Karen was at thirty four

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<v Speaker 2>three of you with John, she dropped them off, allegedly

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<v Speaker 2>right went back to his home. She woke up about

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<v Speaker 2>five am, four and a half hours later after she

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<v Speaker 2>allegedly hit him.

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<v Speaker 1>Where is he?

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<v Speaker 2>So, as you probably remember the footage of her backing

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<v Speaker 2>out of his garage and tapping his traverse with her

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<v Speaker 2>right tail light.

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<v Speaker 4>Yeah, I've seen footage.

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<v Speaker 3>Again, I don't want to proclaim myself to be an

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<v Speaker 3>expert here. I think there was some disagreement as to

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<v Speaker 3>whether or not contact was made at that point.

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<v Speaker 4>But I know the footage you're referring to.

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<v Speaker 2>Okay, she proceeds forward down John's driveway to go look

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<v Speaker 2>for him. If you freeze frame that, you will see

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<v Speaker 2>both rear tail lights are completely intact. Okay, they both

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<v Speaker 2>match perfectly. There was no piece missing from that right

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<v Speaker 2>tail light, let alone finding forty seven pieces on thirty four.

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<v Speaker 2>Fear of you, days and days later, this case. If

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<v Speaker 2>they show that footage alone, this case is over. Her

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<v Speaker 2>tail light was not damaged.

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<v Speaker 4>Was that?

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<v Speaker 3>I'm asking you now an honest question. I'm not trying

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<v Speaker 3>to trick you. I'm asking you honest question that evidence

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<v Speaker 3>presented to the jury.

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<v Speaker 2>I'm not aware. I don't know. I've been following the

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<v Speaker 2>case closely, but I'm not sure.

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<v Speaker 4>That's why.

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<v Speaker 3>No, Well, that's why I asked you the question, because

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<v Speaker 3>when you said to me, I remember seeing that that videotape,

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<v Speaker 3>and I thought there was some question.

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<v Speaker 4>Again, I followed it casually.

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<v Speaker 3>I thought that there was some question about whether there

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<v Speaker 3>ever was a contact made.

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<v Speaker 2>And so well, then when the car went down supposedly

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<v Speaker 2>I don't know where it was fall river or that

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<v Speaker 2>officer Barrows was testifying said that he only saw the

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<v Speaker 2>tail like cracked. There were no missing pieces, Dan none,

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<v Speaker 2>So how did they come up with forty seven pieces?

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<v Speaker 2>Days later? You could take that footage you can watch

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<v Speaker 2>it on YouTube and when the cars driving down the

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<v Speaker 2>driveway freeze.

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<v Speaker 3>The kitchen, Yeah, no, I understand, fatail and of course,

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<v Speaker 3>and of course what your what your what your argument

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<v Speaker 3>is is that that was at around five thirty in

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<v Speaker 3>the morning, some four hours or four and a half

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<v Speaker 3>hours after the h the impact would have occurred and

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<v Speaker 3>the tail light would have been broken.

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<v Speaker 4>That's true.

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<v Speaker 2>That's exactly she dropped them off approximately twelve thirty and

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<v Speaker 2>then five or seven Yeah, yeah, after she allegedly hit them.

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<v Speaker 2>It's still intact.

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<v Speaker 3>But again, what I would question is was that was

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<v Speaker 3>that presented the jury and presented effectively or has that

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<v Speaker 3>uh that videotape come up after the trial if because

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<v Speaker 3>if it was not available at trial, if it was

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<v Speaker 3>available a trial and it wasn't presented the jury, you

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<v Speaker 3>make a very compelling argument.

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<v Speaker 4>It should have been.

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<v Speaker 2>You know exactly, you know that. I don't know, Dan,

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<v Speaker 2>but I mean it's a slam dunk once. Once you

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<v Speaker 2>see that, you'll say no idea again.

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<v Speaker 3>If you made the point, you made the point, you

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<v Speaker 3>made it well two times, three times. I just you

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<v Speaker 3>follow this case more closely than I did.

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<v Speaker 4>That I did.

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<v Speaker 3>And that's why I'm asking you if you knew, and

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<v Speaker 3>you're telling me you don't.

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<v Speaker 4>So I'll accept that.

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<v Speaker 3>Why the defense did not get that if that video

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<v Speaker 3>was available, why the defense didn't make a big deal

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<v Speaker 3>out of that and get it into evidence.

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<v Speaker 4>That's that's a big.

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<v Speaker 5>Question on me, I know.

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<v Speaker 2>And if it came from John's home, came from his camera.

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<v Speaker 3>Yeah, okay, you know, all right, fair enough. Thanks thank you, John,

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<v Speaker 3>John from Bridgewater. See if other people react to what

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<v Speaker 3>you have to.

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<v Speaker 4>Say, Thanks you, thank you, thank you.

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<v Speaker 3>All right, good night. Coming back on Night's side. After

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<v Speaker 3>the break here at ten thirty we got the news

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<v Speaker 3>six two, five, four, ten thirty one line there two

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<v Speaker 3>lines at six one, seven, nine thirty. We will get

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<v Speaker 3>to the other topic of the night, and that is

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<v Speaker 3>what is going on with the US Agency for International

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<v Speaker 3>Development That has of course become a big point of

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<v Speaker 3>concern between the Trump administration and now judges and Democrats.

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<v Speaker 3>We're going to get to that. There's an interesting article

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<v Speaker 3>in the Washington Post today that I'd like to bring

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<v Speaker 3>to your attention. But I'm more than willing to talk

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<v Speaker 3>about this at least until eleven o'clock.

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<v Speaker 4>But if you want to.

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<v Speaker 3>Join the conversation, do it now, because if not, we'll

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<v Speaker 3>be wrapping this up on the other side after a

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<v Speaker 3>couple of callers six one, seven, nine, three one ten

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<v Speaker 3>thirty or six one, seven, two five four to ten thirty.

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<v Speaker 3>Back on night Side.

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<v Speaker 1>It's Night Side with Dan Ray on WBS Boston's news radio.

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<v Speaker 4>Back to the phones we go. Let me go to

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<v Speaker 4>Mark in Austin. Mark, welcome back. How are you tonight, sir?

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<v Speaker 7>Hi Dan, good evening, and thanks for taking my call.

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<v Speaker 7>Maybe I have a special perspective on this case because

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<v Speaker 7>I am a survivor. I don't cry myself. I generally

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<v Speaker 7>avoid watching must crime.

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<v Speaker 3>Yeah you know, Mark, hold on for a second. You

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<v Speaker 3>have a bad connection here, so I want Rob to c.

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<v Speaker 4>Connection.

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<v Speaker 7>Okay, other electronic device in my apartment is turned safely off.

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<v Speaker 7>That's weird.

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<v Speaker 3>Okay, Well hold on, Rob will clean you up. We're

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<v Speaker 3>gonna get you maybe get closer to a window, don't

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<v Speaker 3>hang up. We'll get you on and then back at

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<v Speaker 3>in a minute.

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<v Speaker 4>Rob.

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<v Speaker 3>Please take care of Mark. Let's in the meantime go

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<v Speaker 3>to in Florida. Matt, you were next on Nightside. I'm

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<v Speaker 3>sure your connection in Florida is going to be cleaner

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<v Speaker 3>than Mark's and Alston.

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<v Speaker 5>I hope.

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<v Speaker 4>So you know.

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<v Speaker 8>I know you're a lawyer. I'm in the lead. I

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<v Speaker 8>used to be in the legal field. I have respect

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<v Speaker 8>for the legal system, but it doesn't want it anymore.

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<v Speaker 8>You got the guy you called two times ago. He

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<v Speaker 8>made a really good point about that evidence clear as

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<v Speaker 8>as day. Okay, wait, no one's in charge of what's

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<v Speaker 8>going on with this stuff. The second that is discovered,

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<v Speaker 8>along with the evidence that his app that the dead

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<v Speaker 8>guy's Apple Watch was moving around after he was dead,

393
00:22:13.440 --> 00:22:18.039
<v Speaker 8>that evidence right there, Someone, someone, an adult in society,

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<v Speaker 8>needs to stand up and say no, there's clear evidence.

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<v Speaker 8>This is not what is going on here, and it

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<v Speaker 8>shouldn't be up to a new crop of nine idiots

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<v Speaker 8>who could who who get put up on a journey

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<v Speaker 8>to decide what's going on When the whole world realizes

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<v Speaker 8>that this is a sham. And again, I'm not trying

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<v Speaker 8>to like make a bigger point of this, but it's

401
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<v Speaker 8>the same joke as why you know Trump can't bring

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<v Speaker 8>in a national god in Chicago and raid everyone's house

403
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<v Speaker 8>and get rid of all the guns. That is what

404
00:22:54.880 --> 00:22:58.319
<v Speaker 8>needs to get done. And this ridiculous legal system we

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<v Speaker 8>have in this country, it's a it's a fraud, Dan,

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<v Speaker 8>It's a fraud. And it gets me really angry that

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<v Speaker 8>we just keep going with this.

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<v Speaker 3>Here's my well, Matt, hold say, I want to ask

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<v Speaker 3>you a question because you make a lot of sense here.

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<v Speaker 4>So the question is if.

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<v Speaker 3>The evidence is that overwhelming and I didn't cover the

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<v Speaker 3>story as a when I was a reporter, I was

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<v Speaker 3>in the courtroom talking to lawyers, you know. I covered

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<v Speaker 3>the stories pretty effectively, I think, and I took them

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00:23:29.519 --> 00:23:33.559
<v Speaker 3>very seriously. My question is, if this evidence is as

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<v Speaker 3>overwhelming as you say it isn't it it very well?

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<v Speaker 4>Maybe it's so much evident.

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<v Speaker 3>Okay, hold on, hold on, she has some very good lawyers, Okay,

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<v Speaker 3>Alan Jackson, Ynedni. They're very competent lawyers. How did they

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<v Speaker 3>not drive these points home during the testimony? You know,

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<v Speaker 3>and in the closing argument, so that the jury could

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<v Speaker 3>have walked into the jury room and said, what, we've

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<v Speaker 3>wasted our time for the evidence.

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<v Speaker 8>I think they did, And I think it just goes

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<v Speaker 8>to more of what I'm trying to say of like

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<v Speaker 8>this whole system it doesn't work. You're you're a perfect example.

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<v Speaker 8>You and your partner got an innocent guy who I'm

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<v Speaker 8>sure you guys knew the whole time how much of

429
00:24:20.640 --> 00:24:24.799
<v Speaker 8>a fraud that case was. But you guys probably you

430
00:24:24.839 --> 00:24:28.119
<v Speaker 8>guys probably had like clear stay evidence. And there needs

431
00:24:28.119 --> 00:24:31.000
<v Speaker 8>to be a mechanism in this country where it's like

432
00:24:31.839 --> 00:24:34.599
<v Speaker 8>where where an adult in the room, and I know

433
00:24:34.680 --> 00:24:37.480
<v Speaker 8>there isn't any but where someone can just go listen,

434
00:24:38.160 --> 00:24:40.200
<v Speaker 8>look at this. That's ridiculous. Why we're doing this, Like

435
00:24:40.240 --> 00:24:43.880
<v Speaker 8>you said, it goes to judicial economy and the money.

436
00:24:44.000 --> 00:24:47.519
<v Speaker 8>So everyone knows that this whole world is gonna watch

437
00:24:47.599 --> 00:24:49.960
<v Speaker 8>us on Netflix. Everyone even already knows what's going on.

438
00:24:50.279 --> 00:24:53.319
<v Speaker 8>So we're gonna go through this again. It's like, it's

439
00:24:53.319 --> 00:24:56.279
<v Speaker 8>like it's insane to me, and I, like I said,

440
00:24:56.400 --> 00:24:58.920
<v Speaker 8>it dovetails with these other issues that will.

441
00:24:58.799 --> 00:25:04.839
<v Speaker 3>Be Yeah, but here's here's the difference. Okay, in this case,

442
00:25:05.519 --> 00:25:13.160
<v Speaker 3>you have a police officer who's dead, so that's you

443
00:25:13.279 --> 00:25:16.000
<v Speaker 3>got to get to the truth of what happened. Now

444
00:25:16.039 --> 00:25:24.400
<v Speaker 3>you're saying, Okay, the evidence is overwhelming. I look at

445
00:25:24.440 --> 00:25:26.799
<v Speaker 3>the case and I don't know enough about the case.

446
00:25:26.880 --> 00:25:30.400
<v Speaker 3>I know about the Salvadi Lamoni case, but we were

447
00:25:30.480 --> 00:25:35.359
<v Speaker 3>fighting corrupt FBI agents and the legacy of corrupt FBI

448
00:25:35.480 --> 00:25:40.079
<v Speaker 3>agents and also corrupt police officials who did not want

449
00:25:40.079 --> 00:25:43.200
<v Speaker 3>as I the phrase I used was their scrapbook were rearranged.

450
00:25:43.240 --> 00:25:46.200
<v Speaker 3>You know, they had gotten the convictions. That's all they

451
00:25:46.279 --> 00:25:49.079
<v Speaker 3>cared about. This is in the nineteen sixties. It was

452
00:25:49.160 --> 00:25:52.960
<v Speaker 3>like they didn't care whether these people were innocent or not,

453
00:25:53.599 --> 00:25:54.839
<v Speaker 3>or if they were guilty or not.

454
00:25:55.119 --> 00:25:57.720
<v Speaker 4>They were going to convict them because they were bad guys.

455
00:25:58.160 --> 00:26:00.160
<v Speaker 3>And if they could get people on the witness and

456
00:26:00.279 --> 00:26:03.240
<v Speaker 3>that the jury would believe who were who were?

457
00:26:03.319 --> 00:26:03.759
<v Speaker 4>Who were?

458
00:26:04.039 --> 00:26:07.160
<v Speaker 3>You know, criminals themselves. You couldn't have a better witness

459
00:26:07.160 --> 00:26:10.759
<v Speaker 3>to convince the jury. Back in those days, the jury

460
00:26:10.799 --> 00:26:15.200
<v Speaker 3>system was fooled, actively fooled by corrupt FBI agents in

461
00:26:15.240 --> 00:26:19.279
<v Speaker 3>the nineteen sixties. In the Savada Lamona case, this situation

462
00:26:19.599 --> 00:26:23.319
<v Speaker 3>is much more open. There are television cameras in courts,

463
00:26:23.640 --> 00:26:27.240
<v Speaker 3>in this case in court, I think what you're really

464
00:26:28.319 --> 00:26:30.920
<v Speaker 3>you're really condemning I think the jurors and saying, how

465
00:26:30.920 --> 00:26:33.400
<v Speaker 3>could these juris sit there and see this evidence and

466
00:26:33.440 --> 00:26:36.039
<v Speaker 3>not come to the obvious conclusion. That's what I think

467
00:26:36.039 --> 00:26:36.559
<v Speaker 3>you're saying.

468
00:26:37.359 --> 00:26:40.200
<v Speaker 8>I just I think I'm really just more the whole system.

469
00:26:40.279 --> 00:26:43.400
<v Speaker 8>I just this happened so often. I just and like

470
00:26:43.759 --> 00:26:45.480
<v Speaker 8>the whole point of this is just to get to

471
00:26:45.519 --> 00:26:48.319
<v Speaker 8>the truth of it, right, Why all these laws, all

472
00:26:48.359 --> 00:26:51.240
<v Speaker 8>these laws we have, they should say, listen, Carrie, it

473
00:26:51.319 --> 00:26:53.200
<v Speaker 8>clearly didn't have anything to do with it, looking at

474
00:26:53.200 --> 00:26:56.400
<v Speaker 8>this evidence. Why don't we Why don't we arrest these

475
00:26:56.440 --> 00:26:59.519
<v Speaker 8>people from this house, make them, make them take light

476
00:26:59.559 --> 00:27:02.160
<v Speaker 8>Attacktive has make them And like I know this, there's

477
00:27:02.240 --> 00:27:05.000
<v Speaker 8>like these personal liberties and all this crap. But I

478
00:27:05.039 --> 00:27:05.880
<v Speaker 8>mean it's.

479
00:27:05.680 --> 00:27:08.279
<v Speaker 4>Called they it's called the constitution.

480
00:27:08.359 --> 00:27:10.319
<v Speaker 8>Well, no, I don't. I think it needs I think

481
00:27:10.319 --> 00:27:13.680
<v Speaker 8>we need a complete reworking in this country. And again

482
00:27:14.319 --> 00:27:16.680
<v Speaker 8>I'm not trying to act like a lunatic here, but

483
00:27:16.720 --> 00:27:19.799
<v Speaker 8>we we need like your Banillavit dictator in this country

484
00:27:19.960 --> 00:27:20.960
<v Speaker 8>to come may.

485
00:27:20.799 --> 00:27:25.160
<v Speaker 3>Have one at displaying you may have one good, Thank

486
00:27:25.200 --> 00:27:25.519
<v Speaker 3>you Dan.

487
00:27:25.559 --> 00:27:27.319
<v Speaker 8>Can I make what can I just make one more

488
00:27:27.400 --> 00:27:31.960
<v Speaker 8>quick statement? I think it goes in regards to the

489
00:27:32.000 --> 00:27:35.359
<v Speaker 8>next topic. But uh, none of this stuff Trump's doing

490
00:27:35.440 --> 00:27:38.839
<v Speaker 8>with the aid and all this unless our taxes get lowered,

491
00:27:38.960 --> 00:27:41.480
<v Speaker 8>none of it needs anything. So this guy could could

492
00:27:41.480 --> 00:27:43.400
<v Speaker 8>clear up all the corruption. But as long as my

493
00:27:43.519 --> 00:27:47.200
<v Speaker 8>tax rate is still thirty five percent on FEDS, it

494
00:27:47.240 --> 00:27:47.839
<v Speaker 8>doesn't matter.

495
00:27:47.960 --> 00:27:48.680
<v Speaker 1>None of it matters.

496
00:27:48.720 --> 00:27:50.759
<v Speaker 8>So that's why I just want to say that, thank you.

497
00:27:50.839 --> 00:27:54.039
<v Speaker 3>That's good, got it all in, Thank you man, appreciate it.

498
00:27:54.240 --> 00:27:57.680
<v Speaker 3>Good night, six thirty one line there.

499
00:27:57.759 --> 00:27:57.960
<v Speaker 4>Six.

500
00:28:00.000 --> 00:28:02.839
<v Speaker 3>We don't want to short change Mark, but we will

501
00:28:02.839 --> 00:28:05.000
<v Speaker 3>get him next. I'm gonna go to the break. Is

502
00:28:05.039 --> 00:28:06.519
<v Speaker 3>Mark's line cleared up for us?

503
00:28:07.279 --> 00:28:07.559
<v Speaker 4>Joe?

504
00:28:08.039 --> 00:28:11.039
<v Speaker 3>Thanks Rob, Okay, we'll take a quick break. I got

505
00:28:11.119 --> 00:28:13.359
<v Speaker 3>room for a couple more calls if you'd like, six, one, seven.

506
00:28:14.640 --> 00:28:17.160
<v Speaker 3>We will wrap this at ten, I promise, and we

507
00:28:17.240 --> 00:28:20.000
<v Speaker 3>will get to the whole question of usaid. And there's

508
00:28:20.000 --> 00:28:23.319
<v Speaker 3>an interesting article on the Washington Post that is it's

509
00:28:23.559 --> 00:28:25.400
<v Speaker 3>it you find it. I think you're going to find

510
00:28:25.400 --> 00:28:27.839
<v Speaker 3>the next hour very interesting as well, And not that

511
00:28:27.920 --> 00:28:30.559
<v Speaker 3>this has not been interesting, that's for sure. Feel free

512
00:28:30.599 --> 00:28:33.160
<v Speaker 3>to join the conversation back on Nightside after this.

513
00:28:34.119 --> 00:28:37.359
<v Speaker 1>Now back to Dan Ray Mine from the window World.

514
00:28:37.240 --> 00:28:40.279
<v Speaker 3>Nights Side Studios on w b Z, the news Radio.

515
00:28:41.119 --> 00:28:42.680
<v Speaker 4>Let's go to back to Mark and Austin.

516
00:28:42.720 --> 00:28:44.799
<v Speaker 3>Mark, I want to see if you get a better connection,

517
00:28:44.880 --> 00:28:45.440
<v Speaker 3>Gorett ahead.

518
00:28:46.720 --> 00:28:49.799
<v Speaker 7>Oh thank you, Dan, and thanks for taking that call

519
00:28:49.920 --> 00:28:50.480
<v Speaker 7>the season.

520
00:28:50.640 --> 00:28:52.799
<v Speaker 8>I'll be sure it's.

521
00:28:52.599 --> 00:28:55.160
<v Speaker 4>A much better it's a much better connection. It's worth it.

522
00:28:55.240 --> 00:28:55.839
<v Speaker 4>Go right ahead.

523
00:28:55.880 --> 00:28:59.559
<v Speaker 7>Oh, thank you. Maybe we were attacked by Graham Ones

524
00:28:59.839 --> 00:29:06.039
<v Speaker 7>just the joke. Anyway, I'm informed very much by my

525
00:29:06.400 --> 00:29:11.279
<v Speaker 7>very positive experience as a juror in a Maritaco Now

526
00:29:11.440 --> 00:29:16.319
<v Speaker 7>Practice case back in two thousand and five presided over

527
00:29:16.519 --> 00:29:22.599
<v Speaker 7>by the late great Judge Ralph Kance, and you know,

528
00:29:22.880 --> 00:29:29.200
<v Speaker 7>generally speaking, jurors followed the Judge's instructions very carefully. We

529
00:29:29.319 --> 00:29:35.119
<v Speaker 7>had a tape recording of Judge Kance's instructions, and we

530
00:29:35.279 --> 00:29:38.759
<v Speaker 7>took only about eight hours to find for the defendant.

531
00:29:40.640 --> 00:29:45.440
<v Speaker 7>The key instruction really was, we could consider this equipment

532
00:29:45.559 --> 00:29:50.240
<v Speaker 7>maker's report to the FDA, but only if we believed

533
00:29:50.880 --> 00:29:56.640
<v Speaker 7>that it had originated directly from somebody who was clearly

534
00:29:56.720 --> 00:29:58.839
<v Speaker 7>in the operating room at the time.

535
00:30:00.559 --> 00:30:04.400
<v Speaker 3>This is this is this telephone?

536
00:30:04.640 --> 00:30:04.880
<v Speaker 4>Mark?

537
00:30:05.000 --> 00:30:05.200
<v Speaker 2>Mark.

538
00:30:05.240 --> 00:30:08.119
<v Speaker 3>This is a complicated case of which no one in

539
00:30:08.200 --> 00:30:11.640
<v Speaker 3>my audience has any knowledge. So I would prefer you

540
00:30:11.720 --> 00:30:16.000
<v Speaker 3>to apply your experience with what the court said today.

541
00:30:16.039 --> 00:30:19.720
<v Speaker 3>Do you think that the judge at trial last July

542
00:30:20.119 --> 00:30:23.160
<v Speaker 3>should have taken the additional step and said to the jurors,

543
00:30:23.960 --> 00:30:26.680
<v Speaker 3>you tell me you're deadlocked? Are you deadlocked on all

544
00:30:26.799 --> 00:30:31.799
<v Speaker 3>three counts? Or are you deadlocked on one or two

545
00:30:31.880 --> 00:30:34.480
<v Speaker 3>of the counts? If she'd simply asked that question.

546
00:30:35.640 --> 00:30:36.720
<v Speaker 4>And I agree with.

547
00:30:38.079 --> 00:30:43.000
<v Speaker 7>That, the judge should have asked a direct question and

548
00:30:43.039 --> 00:30:50.119
<v Speaker 7>gotten a direct answer. Because judge generally just hate just

549
00:30:50.279 --> 00:30:56.960
<v Speaker 7>hate them. And almost always in any case in a courtroom,

550
00:30:57.359 --> 00:31:02.880
<v Speaker 7>the judge or issues of very careful and thoughtful menu

551
00:31:02.960 --> 00:31:06.960
<v Speaker 7>of options to the jury, like in this particular case,

552
00:31:07.160 --> 00:31:11.480
<v Speaker 7>it would have been something like second degree murder versus

553
00:31:11.720 --> 00:31:13.000
<v Speaker 7>first degree murder.

554
00:31:13.279 --> 00:31:14.359
<v Speaker 4>Well, first agree murder.

555
00:31:14.440 --> 00:31:17.519
<v Speaker 3>Mark wasn't on the table, Mark, Mark, first degree murder

556
00:31:17.559 --> 00:31:20.000
<v Speaker 3>wasn't on wasn't on the table, It was a second agreement.

557
00:31:20.359 --> 00:31:23.640
<v Speaker 7>Well, so justice would have been done with a second

558
00:31:23.680 --> 00:31:24.799
<v Speaker 7>degree murder.

559
00:31:24.960 --> 00:31:30.319
<v Speaker 3>Uh, not necessarily because because they because the jurors, Mark,

560
00:31:30.400 --> 00:31:33.200
<v Speaker 3>if you're familiar with the case said that they had agreed,

561
00:31:33.920 --> 00:31:36.640
<v Speaker 3>uh that she was not guilty of second degree murder,

562
00:31:36.640 --> 00:31:37.759
<v Speaker 3>and they said that.

563
00:31:37.640 --> 00:31:38.119
<v Speaker 4>Only on.

564
00:31:40.160 --> 00:31:43.119
<v Speaker 7>I mean, so, I'm sorry, I'm sorry.

565
00:31:42.839 --> 00:31:47.000
<v Speaker 3>To I'm sorry to confuse the conversation with facts from

566
00:31:47.039 --> 00:31:48.680
<v Speaker 3>the decision. But I've had the advantage.

567
00:31:48.720 --> 00:31:51.799
<v Speaker 7>I'm sorry. I'm going with many facts that I know

568
00:31:51.960 --> 00:31:58.079
<v Speaker 7>for sure. I mean, the charge was essentially.

569
00:31:59.799 --> 00:32:02.960
<v Speaker 4>Very very familiar, very familiar with charge.

570
00:32:02.960 --> 00:32:06.519
<v Speaker 3>More Mark, there are some people who are often mistaken

571
00:32:06.559 --> 00:32:08.599
<v Speaker 3>but never endowed in. On this case, I think I'm

572
00:32:08.599 --> 00:32:12.119
<v Speaker 3>gonna put you that category. She was charged with second

573
00:32:12.119 --> 00:32:16.759
<v Speaker 3>degree murder. The jurors subsequent to the trial reported to

574
00:32:16.799 --> 00:32:21.000
<v Speaker 3>both the prosecution I believe, and to the defense lawyers

575
00:32:21.359 --> 00:32:24.359
<v Speaker 3>that they were unanimous to acquit her on second degree

576
00:32:24.440 --> 00:32:26.880
<v Speaker 3>murder and to acquit her on leaving the scene of

577
00:32:26.920 --> 00:32:29.759
<v Speaker 3>an accident. And that was the threat. That was the quest.

578
00:32:31.720 --> 00:32:33.480
<v Speaker 7>I just don't understand it.

579
00:32:33.720 --> 00:32:38.000
<v Speaker 3>Yeah, okay, I I that's the I agree with you

580
00:32:38.039 --> 00:32:40.119
<v Speaker 3>that you you don't quite understand that, and a lot

581
00:32:40.160 --> 00:32:41.240
<v Speaker 3>of other people don't as well.

582
00:32:41.319 --> 00:32:41.519
<v Speaker 4>Mark.

583
00:32:41.559 --> 00:32:44.680
<v Speaker 3>I appreciate you, Carl, thank you much, appreciate it. Much

584
00:32:44.720 --> 00:32:45.880
<v Speaker 3>better connection this time.

585
00:32:46.920 --> 00:32:51.319
<v Speaker 4>Let me go to Frank.

586
00:32:51.440 --> 00:32:55.799
<v Speaker 3>Yeah, why don't you get Frank. Oh my god, I'll

587
00:32:55.799 --> 00:32:58.759
<v Speaker 3>tell you what. If Frank's ready, great, If not, we're

588
00:32:58.799 --> 00:33:00.279
<v Speaker 3>just gonna move. We're gonna move fun.

589
00:33:00.839 --> 00:33:02.240
<v Speaker 1>I'm right here, Dan, can you hear me?

590
00:33:02.519 --> 00:33:04.519
<v Speaker 4>Yeah, Frank, were you in a barroom or something?

591
00:33:04.519 --> 00:33:04.680
<v Speaker 7>A what?

592
00:33:05.519 --> 00:33:07.279
<v Speaker 1>No?

593
00:33:07.279 --> 00:33:07.359
<v Speaker 4>No?

594
00:33:07.799 --> 00:33:09.319
<v Speaker 1>Then I was yelling?

595
00:33:09.319 --> 00:33:10.720
<v Speaker 4>Who was yelling at you? Frank?

596
00:33:12.400 --> 00:33:18.039
<v Speaker 1>They've been yelling since I called you. You may recall

597
00:33:18.160 --> 00:33:22.519
<v Speaker 1>on the day that this appeal was filed and you

598
00:33:22.640 --> 00:33:29.799
<v Speaker 1>had the issue that that night was you were predicting

599
00:33:29.920 --> 00:33:34.759
<v Speaker 1>that the court would rule in favor of the appeal.

600
00:33:35.039 --> 00:33:38.799
<v Speaker 1>And I called and said, this is procedural nonsense. That

601
00:33:38.960 --> 00:33:41.920
<v Speaker 1>was my exact words. And I said, if I was

602
00:33:41.920 --> 00:33:45.799
<v Speaker 1>a judge, I would have just uh dismissed it at

603
00:33:46.200 --> 00:33:49.720
<v Speaker 1>the time. And you told me that day, Okay, let's

604
00:33:49.759 --> 00:33:53.319
<v Speaker 1>wait to see when the court issues the decision and

605
00:33:53.480 --> 00:33:57.160
<v Speaker 1>call back and when the issue decision.

606
00:33:57.319 --> 00:34:00.880
<v Speaker 4>So I remember the call, So take your victory. Laugh

607
00:34:01.119 --> 00:34:01.599
<v Speaker 4>right ahead.

608
00:34:02.400 --> 00:34:07.119
<v Speaker 1>No, but but I'm not well, it's it's very predictable.

609
00:34:07.759 --> 00:34:14.039
<v Speaker 1>And because as sensational as it sounds, uh to the public,

610
00:34:14.159 --> 00:34:20.360
<v Speaker 1>it is procedural nonsense. It was from the beginning. And

611
00:34:20.360 --> 00:34:23.199
<v Speaker 1>and just like they're saying, we'll take it at federal court. Now,

612
00:34:23.519 --> 00:34:29.800
<v Speaker 1>federal court will laugh them out. It's it's absolutely ridiculous.

613
00:34:29.920 --> 00:34:31.199
<v Speaker 1>The premise of this.

614
00:34:31.800 --> 00:34:35.719
<v Speaker 3>Well, I can tell you is that I respectfully disagree

615
00:34:35.760 --> 00:34:39.920
<v Speaker 3>with you tonight. I I respectfully disagreed with you when

616
00:34:39.960 --> 00:34:44.679
<v Speaker 3>we spoke about it last fall. Your prediction is accurate.

617
00:34:44.719 --> 00:34:46.440
<v Speaker 3>Have you had a chance to read the decision today

618
00:34:46.519 --> 00:34:46.719
<v Speaker 3>or no?

619
00:34:48.119 --> 00:34:50.480
<v Speaker 1>Yes? And and the thing how many?

620
00:34:50.639 --> 00:34:51.360
<v Speaker 4>How many pages?

621
00:34:52.840 --> 00:34:55.239
<v Speaker 1>Thirty five? Thirty five pages?

622
00:34:55.559 --> 00:35:01.559
<v Speaker 3>Goods so so the the justice is did not dismiss

623
00:35:01.599 --> 00:35:04.960
<v Speaker 3>it as cavalierly as you might have. Obviously you look

624
00:35:05.000 --> 00:35:09.039
<v Speaker 3>at it as balder dash. I think it's a serious question.

625
00:35:09.239 --> 00:35:11.039
<v Speaker 3>Let me ask you this question. You tell me at

626
00:35:11.079 --> 00:35:16.599
<v Speaker 3>the time you're a lawyer, correct, yes, yeah, Okay. Going forward,

627
00:35:17.679 --> 00:35:21.000
<v Speaker 3>let us assume that at some point there's a similar case,

628
00:35:21.039 --> 00:35:24.360
<v Speaker 3>a criminal case where there are multiple counts and the

629
00:35:24.440 --> 00:35:29.000
<v Speaker 3>jury comes back and represents to the judge that they

630
00:35:29.039 --> 00:35:32.239
<v Speaker 3>are deadlocked. Do you think that the judge in that case,

631
00:35:32.920 --> 00:35:36.880
<v Speaker 3>hypothetical case going forward is likely to remember this case

632
00:35:37.800 --> 00:35:41.559
<v Speaker 3>and inquire of the jurors if they are deadlocked on

633
00:35:41.880 --> 00:35:46.599
<v Speaker 3>all of the counts or on just some of the counts.

634
00:35:47.000 --> 00:35:51.000
<v Speaker 1>The judge made. But I will point out that the defense,

635
00:35:52.159 --> 00:35:56.280
<v Speaker 1>even though they won't say it, they would have at

636
00:35:56.320 --> 00:35:59.960
<v Speaker 1>the time, made a calculated decision. I'm not going to

637
00:36:00.280 --> 00:36:04.119
<v Speaker 1>ask the I'm not going to ask, but but listen,

638
00:36:04.159 --> 00:36:09.599
<v Speaker 1>here's no one's uh, no one's no, one's focusing on

639
00:36:09.599 --> 00:36:14.840
<v Speaker 1>this man. The defense when the jury came back and

640
00:36:14.920 --> 00:36:20.280
<v Speaker 1>said we are deadlocked, the defense was like, our whole

641
00:36:20.360 --> 00:36:23.960
<v Speaker 1>defense was based on. This was a frame up which

642
00:36:24.039 --> 00:36:26.639
<v Speaker 1>if the jury bought that, they would have been back

643
00:36:26.679 --> 00:36:30.719
<v Speaker 1>with are not guilty? In two minutes. When they came

644
00:36:30.800 --> 00:36:34.800
<v Speaker 1>back and said we are deadlocked, the defense said, okay,

645
00:36:35.719 --> 00:36:39.000
<v Speaker 1>they blew that. So we're not going to ask for

646
00:36:39.599 --> 00:36:44.280
<v Speaker 1>are you in agreement on any counts because the answer

647
00:36:44.280 --> 00:36:46.320
<v Speaker 1>could be yes, we're we're in.

648
00:36:46.280 --> 00:36:50.840
<v Speaker 3>The agreement and correct correct on that because obviously by

649
00:36:50.880 --> 00:36:54.840
<v Speaker 3>their actions the actions, we know what they chose not

650
00:36:54.920 --> 00:36:57.679
<v Speaker 3>to do. The point is that normally in a criminal

651
00:36:57.760 --> 00:37:01.039
<v Speaker 3>case of this magnitude, and when the jury comes back

652
00:37:02.239 --> 00:37:06.000
<v Speaker 3>truly deadlocked, and whether these guys were truly deadlocked on

653
00:37:06.039 --> 00:37:08.679
<v Speaker 3>all three or just on one, it's moved.

654
00:37:08.679 --> 00:37:09.239
<v Speaker 4>For the moment.

655
00:37:11.079 --> 00:37:14.159
<v Speaker 3>The defense looks that as a victory because any good

656
00:37:14.400 --> 00:37:16.559
<v Speaker 3>defense lawyer will tell you that now we have a

657
00:37:16.679 --> 00:37:19.559
<v Speaker 3>chance to get a second bite at the apple. And

658
00:37:19.840 --> 00:37:22.719
<v Speaker 3>we know the prosecution strategy, we know the weaknesses of

659
00:37:22.760 --> 00:37:25.239
<v Speaker 3>their case, we know the strengths of their case. That

660
00:37:25.880 --> 00:37:29.400
<v Speaker 3>the defense generally in a case like this, has an

661
00:37:29.440 --> 00:37:31.880
<v Speaker 3>advantage post deadlock. Would you agree with me on that?

662
00:37:33.159 --> 00:37:36.159
<v Speaker 1>I would because I'm a criminal defense and usually a

663
00:37:36.199 --> 00:37:40.000
<v Speaker 1>mistrial is a victory. But in the case where your

664
00:37:40.119 --> 00:37:43.960
<v Speaker 1>defense is that it's a frame up, and then the

665
00:37:44.039 --> 00:37:46.719
<v Speaker 1>jury comes back and says no. And if you look

666
00:37:46.800 --> 00:37:51.800
<v Speaker 1>at what the jurors said, and I believe that those

667
00:37:51.880 --> 00:37:55.159
<v Speaker 1>jurors when they came after the fact and said this

668
00:37:55.239 --> 00:37:57.880
<v Speaker 1>is what we were hung up on, I believe that

669
00:37:58.039 --> 00:38:04.440
<v Speaker 1>was true. They said we would ten to two guilty

670
00:38:04.559 --> 00:38:05.760
<v Speaker 1>of manslaughter.

671
00:38:05.960 --> 00:38:09.639
<v Speaker 4>So they nine. Let me correct your counselor.

672
00:38:09.960 --> 00:38:16.079
<v Speaker 3>In the decision today, the s JC reported that the jurors,

673
00:38:16.119 --> 00:38:19.480
<v Speaker 3>one juror reportedly said that they were nine to three.

674
00:38:20.000 --> 00:38:20.880
<v Speaker 3>Uh two.

675
00:38:20.920 --> 00:38:23.000
<v Speaker 1>Yeah. But if you but if you look at one

676
00:38:23.480 --> 00:38:27.199
<v Speaker 1>at one of the jurors had questions that were very

677
00:38:27.400 --> 00:38:31.519
<v Speaker 1>intelligent and very technical, which which if you look at

678
00:38:31.519 --> 00:38:37.360
<v Speaker 1>it meant that that juror was convinced that she hit him.

679
00:38:37.920 --> 00:38:40.480
<v Speaker 1>So that was that was they.

680
00:38:40.119 --> 00:38:42.800
<v Speaker 3>None of that None of that was in the the

681
00:38:42.840 --> 00:38:44.079
<v Speaker 3>decision that I read today.

682
00:38:44.079 --> 00:38:45.480
<v Speaker 1>I don't know what this is, no, but it was,

683
00:38:45.519 --> 00:38:47.679
<v Speaker 1>but it was if you look at what the jurors,

684
00:38:47.760 --> 00:38:50.519
<v Speaker 1>jurists said so anyway, so whether it's nine to three,

685
00:38:50.599 --> 00:38:53.159
<v Speaker 1>are ten to two with they you had a very

686
00:38:53.199 --> 00:38:57.000
<v Speaker 1>intelligent jury who heard all of the evidence. So all

687
00:38:57.079 --> 00:38:59.960
<v Speaker 1>of this stuff that calls a calling this, what about that?

688
00:39:00.159 --> 00:39:01.440
<v Speaker 1>What about the dogs?

689
00:39:01.719 --> 00:39:05.400
<v Speaker 3>Let's see, let's see, let's say we're gonna she's gonna

690
00:39:05.400 --> 00:39:06.360
<v Speaker 3>probably go to go.

691
00:39:06.280 --> 00:39:09.320
<v Speaker 4>To the retrial starts on April first, and let's continue

692
00:39:09.800 --> 00:39:11.440
<v Speaker 4>the issue. The issue was.

693
00:39:11.719 --> 00:39:15.159
<v Speaker 1>The issue was not did she hit The issue for

694
00:39:15.199 --> 00:39:20.280
<v Speaker 1>that jury was no, it wasn't murder, but she hit him.

695
00:39:21.679 --> 00:39:25.320
<v Speaker 1>It was from that from the beginning they overcharged her.

696
00:39:25.760 --> 00:39:31.920
<v Speaker 1>That was the fault of the uh the prosecutions.

697
00:39:30.639 --> 00:39:34.280
<v Speaker 3>That you know, if you're if you're a criminal defense attorney,

698
00:39:34.559 --> 00:39:37.320
<v Speaker 3>if you're a criminal defense attorney and I suspect you are,

699
00:39:37.719 --> 00:39:42.000
<v Speaker 3>you know that often prosecutors will overcharge in hopes of saying, well,

700
00:39:42.039 --> 00:39:44.280
<v Speaker 3>we might we might not hook her on on on

701
00:39:44.800 --> 00:39:47.880
<v Speaker 3>murder too, but that's going to make it easier for

702
00:39:47.960 --> 00:39:48.480
<v Speaker 3>the jury to.

703
00:39:48.440 --> 00:39:51.559
<v Speaker 4>Come back with a compromise. And hook her on involuntary manslaughter.

704
00:39:51.599 --> 00:39:53.199
<v Speaker 4>That's what they were probably shooting for.

705
00:39:53.239 --> 00:39:56.400
<v Speaker 1>And that and that jury was very intelligent and they

706
00:39:56.440 --> 00:40:01.320
<v Speaker 1>said it wasn't murder, but they were equally intelligent saying, well,

707
00:40:02.239 --> 00:40:06.119
<v Speaker 1>they rejected, they rejected that if you look at.

708
00:40:06.280 --> 00:40:08.920
<v Speaker 3>Okay, all right, Frank, Frank, we have gone on very

709
00:40:08.960 --> 00:40:12.079
<v Speaker 3>long here, and unfortunately I'm up against my time limit.

710
00:40:12.119 --> 00:40:15.400
<v Speaker 3>I wish that we could continue the conversation. We'll continue

711
00:40:15.440 --> 00:40:17.320
<v Speaker 3>the conversation when the trial starts in April.

712
00:40:17.320 --> 00:40:22.119
<v Speaker 1>Okay, after the guilty of manslaughter. That's my great action.

713
00:40:22.599 --> 00:40:25.199
<v Speaker 4>Well, thanks very much. You were right the first time.

714
00:40:25.920 --> 00:40:29.320
<v Speaker 3>I'm not sure that legally or procedurally it's it's a

715
00:40:29.320 --> 00:40:32.360
<v Speaker 3>good position to take, but you were accurate. Thanks very much,

716
00:40:32.360 --> 00:40:36.400
<v Speaker 3>appreciate your call. Here comes the eleven o'clock News, and

717
00:40:36.480 --> 00:40:38.559
<v Speaker 3>to the callers who are now calling in here a

718
00:40:38.559 --> 00:40:41.079
<v Speaker 3>little late, we're going to change topics on the other side.
