Austin Metcalf's Father Speaks Out, Plus False Karmelo Anthony Narratives, and Blake Lively Legal Fees Ruling, with Mark Geragos and Arthur Aidala | Ep. 1338
00:18:25.600who hired the biggest race hustler in Texas as their family spokesperson.
00:18:30.240There is zero chance if Carmelo Anthony would have made a compelling witness, if he really were the sweet kid just running around looking for hugs, that he would not have wound up on that stand, my friends.
00:18:41.500That's how you make a self-defense defense.
00:18:46.960And what he's saying there, in any event, is not true.
00:18:50.200The jury not only convicted Carmelo, they rejected his sudden passion defense that would have knocked down his conviction to only a second-degree felony.
00:18:58.680They just weren't buying what the defense was selling at all.
00:19:03.580Have you noticed the shirts that they're wearing, too?
00:19:06.940They say, the parents here, hashtag believe Carmelo.
00:19:11.040How are we supposed to believe him if he didn't say anything in his own defense?
00:19:16.620We have no idea what Carmelo's position is.
00:21:42.840Can you imagine a spur getting up at the Knicks game
00:21:45.420and going sitting down on the Knicks bench?
00:21:47.120That doesn't happen. So he went over to say, you need to leave. And the first response was, I'm an aggrieved person who felt put upon. Like, you just make me go ahead and try to make me see what happens. All right, tough guy. Right. That's he was looking for a fight.
00:23:24.540Because this is what Mike Howard posted on February 4th, 2025, almost two months before Austin was murdered.
00:23:32.460Did he telegraph? I will be a shark for you. I will be fierce in a courtroom for you. I will
00:23:38.280take no prisoners for you. You tell me. So what kind of lawyer do you want? Do you want an
00:23:47.260aggressive junkyard dog who's going to fight for you hard? Or do you want somebody who has a
00:23:52.780reputation as easy to get along with? The answer might surprise you. While, of course, it's
00:23:59.800important to have somebody who fights for your rights and stands up for you. If they are that
00:24:04.960aggressive junkyard dog, the risk can be that they end up being obnoxious or offensive to judges,
00:24:15.160to prosecutors, and even to juries if your case goes to trial. I have cultivated a reputation
00:24:20.320at the courthouses in which I work as somebody who fights for their clients. And if you go to trial,
00:24:26.100I'm going to give you a hard fought trial, but who's easy to work with, easy to get along with
00:24:33.260and reasonable. That ends up benefiting my clients. Okay. I'm sorry, but you have yourselves to blame
00:24:42.240a concept with which you should really familiarize yourselves that you have yourselves to blame
00:24:47.420for the way your son turned out for the way his trial turned out for the way your lives turned
00:24:54.180doubt. What happened to the $600,000, by the way? Where is that? Because just today, yesterday,
00:24:59.660he already filed for an appeal of the verdict and is pleading indigency, that he is, quote,
00:25:07.040penniless. So where's the money? Did it all go to this guy, Mike Howard? Or did it go to your
00:25:12.420mansion that you hung out in over the past year while you claimed you were receiving threats,
00:25:17.520driving around, living large? I'd love to know. Look, it's painfully obvious that Carmelo Anthony's
00:25:24.160parents let him down in numerous ways and i want to end here okay on something that is actually
00:25:31.460largely true that anthony's father drew anthony said watch he said it in court yesterday forgot
00:25:39.400he said that they told my son to look at me when i'm talking to you who said that the dad the son
00:25:46.240both of them said look at me why are we talking like oh it's gonna come out they said look at me
00:25:51.760while we're talking what yeah they they did say look me in the eyes i i don't know how drew anthony
00:26:04.840knows that because he didn't bother to show up during the sentencing and victim impact statements
00:26:09.380he couldn't bother to be there for his son in that moment he peaced out of there but back to
00:26:16.180what Drew claimed in that soundbite. Yeah. Hunter Metcalf, Austin's twin, and Jeff, his dad,
00:26:23.200did reportedly ask Carmelo to look them in the eyes during their victim impact statements,
00:26:26.720and Carmelo didn't. He only briefly looked at Hunter one time. He couldn't bear to look in the
00:26:35.880eye the people whose lives he changed forever. He couldn't even give them that courtesy.
00:26:42.580And this family has not only failed to offer any courtesy or condolences to the Metcalf family, they are directly responsible for the hell that was unleashed on them one year ago, that has been continuing ever since the day their son was killed, and that has gone on steroids since this verdict, this just supported verdict of guilty against Carmelo Anthony.
00:27:11.560The community, a faction of the black community in Texas and a faction of the black community that is in media has turned on the victims, on this poor family, still suffering, and tried to demonize them somehow, rooting for harm, legal or otherwise, to happen to the twin brother Hunter?
00:27:39.320openly, forgive me, talking about urinating on Austin's grave, celebrating the thought of it?0.84
00:27:50.180It's despicable. Joining us now is the man Carmelo could not seem to face,
00:27:59.160Jeff Metcalf. He's the father of Austin Metcalf.
00:28:03.160Every year, I try to find a Father's Day gift that actually gets used for Doug,
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00:28:49.760designed to keep him cool, comfy, and relaxed all summer long. Head to CozyEarth.com, use my code
00:28:55.420Megan for an exclusive 20% off. That's code Megan for an exclusive 20% off. And if you see a post
00:29:01.720Purchase Survey. Mention that you heard about Cozy Earth right here. Jeff, welcome to the show.
00:29:08.440I am so, so sorry for your loss and for what has been happening to your family. Thank you for this
00:29:14.080time. Can I just start with your reaction to the disgusting blowback that your family is receiving0.98
00:29:23.500now for some reason in the wake of this guilty verdict? I mean, to be honest, it doesn't make
00:29:29.360any sense to me at all uh if you're just a average normal human being that has empathy and compassion
00:29:36.780for your fellow man you don't act that way i the moral decay of society today is rampant and the
00:29:46.820only people that can fix it are us the ones who exist at this very moment to make sure you teach
00:29:52.540your kids right from wrong and guide them and give and give them love and guidance and
00:29:59.140let them grow and become a contributing factor of a member of society.
00:30:05.880The moment the verdict came down and you heard them say guilty, what what did you feel?
00:30:15.360Realistically, I mean, there was a sense of relief and it was going to be a sense of relief
00:30:21.500no matter what was said. I just needed to get through this timeframe of this process.
00:30:28.120It's been a long time since my son was murdered and not being able to speak,
00:30:34.860why my dead son's being drug through the mud, memes, pictures. But let me make one thing clear.
00:30:42.960That has went on from both sides, and I don't condone any of it. I've seen the things that
00:30:48.940they've made about carmelo and it's disgusting it's it's it's just as vile as the things that
00:30:55.740are done about my son and and and those people that are so far left or so far right that has
00:31:03.040the the need to attack a dead child or a child that's going to prison or a child any child
00:31:10.220it doesn't sit well with me um you know he's going to have to take you know the consequences
00:31:18.240for his actions, but we don't need piling on.
00:31:24.220I mean, this has been a tragedy for both families.
00:31:28.140Unfortunately, you know, the Anthony still continue to deflect from the truth.
00:36:53.160were four individuals who were friends of Hunter and Austin's and they were coming after the trial
00:37:01.620to meet us where we were at the undisclosed location and there was a mix-up by the Collin
00:37:08.720County Courthouse as far as security procedures and they let them walk out without any protection
00:37:14.860whatsoever. They were immediately surrounded to trying to get to their car and these are
00:37:21.88017 18 year old kids friends of hunter and austin's one was a female three were male
00:37:30.020the things they said you know we're gonna you know we're gonna piss on austin's grave
00:37:35.280you know we're glad that austin's dead just continual vile outbreak and trying to really
00:37:41.320disturb them and impede their progress and you know they finally made it to the car they made
00:37:46.740to us. They were visibly shaken, crying, upset. I was upset, one, because of the security,
00:37:54.280the lapse of security. But it just goes to show how this certain set of a certain subculture,
00:38:02.300and I mean very small percentage. I'm not trying to pick on any certain race, but I am going to
00:38:08.000identify one subculture of a race that does continue this type of behavior. I don't think
00:38:13.780it represents the entire race um i mean i have many friends of different ethnicities uh color0.98
00:38:20.740race gender uh you know like i said before uh i am racist against assholes i don't care what0.92
00:38:28.160color you are but if you treat me with disrespect i will give it back to you uh as far as the0.98
00:38:32.860anthony's uh they're just in a constant state of denial and i mean it's a hard i mean it would be
00:38:38.400hard for me to accept that my son is a murderer. But the difference between me and them would be
00:38:44.220I would hold my son accountable. I would make him apologize. And I myself would reach out and
00:38:50.380apologize and ask, is there anything I can do? I am so sorry. This is terrible. My son made a
00:38:56.420mistake. Yes, he did. He's going to have to pay for it. But the lack of remorse, the lack of
00:39:03.760humility and all you want to stand up there and give me some fake crocodile tears same ones i saw
00:39:09.560at the press conference that you're going to try to look you know ask for sympathy or more money
00:39:14.540or whatever you need all i can tell you what you need god in your life but and if you and if you
00:39:21.080and if you already have it trust him and lean into his understanding and and stop spreading lies
00:39:26.500and just accept the truth the truth was presented in the court more than one more than 10 more than
00:39:35.58015 more than 20 people testified there was no mistrial of justice there was all white
00:39:47.540jerry there was many minorities and and and like you know you can't fill out your form stating
00:39:53.720you're biased if you expect to be picked as a juror that just totally eliminates you um everything
00:39:59.940about this thing was fair and to me i'm not being able to speak did i feel like that was fair no
00:40:07.360while they all have t-shirt sales and and activists on tiktoks every night monetizing
00:40:15.540making money telling lies and while i stand here and just have to keep my mouth shut uh my house
00:40:22.160has been swatted my ex-wives have been swatted they talk about the stuff they've lived through
00:40:26.400now yes maybe you experienced something but nothing on the level that we have experienced
00:40:34.340and and i feel sorry for them if they experience anything and like i said before i don't condone
00:40:40.360all the social media memes and and derogatory comments because i know how it feels because
00:40:46.900your side has done it to me four times as much as they're doing it to you but either way
00:40:51.160two wrongs still don't make a right so you know uh crazy has no color love doesn't see color
00:41:00.260hate doesn't see color um and for people to see the color they really should look at themselves
00:41:06.980in the mirror and reevaluate who you are and how are you a piece of society are you part of the
00:41:13.420problem are you part of the solution so you know hopefully in this world uh i'm only i'll probably
00:41:19.340only got another 20, 30 years, but I'm more worried about the future and what we're teaching
00:41:23.700our children right now. And I'm sorry if you teach, if I, I can only hop, I can only guess
00:41:33.420if that boy was raised differently, maybe I don't know why. And the biggest question that really
00:41:39.680I'll never get answered, uh, is why, why did you not get up on the stand and tell your story?
00:41:46.420if this was true why did you not defend yourself why did you and it's your whole case is about
00:41:53.060self-defense but yet you chose not even to defend yourself and your parents abandoned you
00:42:00.280during sentencing and victim impact statement actions speak louder than words i don't have to
00:42:08.420say anything you guys smear your own name without me having to point it out everybody in america
00:42:16.800sees how we're all acting and it's it's a damn shame that spoke volumes when the parents wouldn't
00:42:22.580wouldn't even stand there and there was nobody else man who did his son have like the parents
00:42:27.920abandoned their son at the at the toughest moment when he was going to find out how much of his life
00:42:31.840was going to be spent in a cage they peaced out have they said that they're sorry at all jeff
00:42:37.140Has anyone from the Anthony family reached out to you or any of your family members to apologize, to express regrets, to see how you are throughout this whole thing?
00:43:00.560I can't speak for my ex-wife, but I myself, yeah, I'm very safe.
00:43:05.520I mean, I am not worried about my personal safety. I'm able to protect myself. It would be another devastating travesty if someone was to try to interject and approach me.
00:43:22.580the uh website tmz is reporting today that your family's getting inundated with dozens
00:43:31.700of death threats and other hateful messages following the conviction um is that true yes it
00:43:38.020is yeah it's a daily it's a daily occurrence um that you know i've turned it over to law
00:43:45.900enforcement i really don't want to comment too much on it that they're going to handle it but
00:43:49.900It's a daily occurrence of, you know, vile text, actual phone calls that actually, you know, they want to talk to me.
00:43:59.720It's it at some point, you know, they're going to have to get tired of it and go on.
00:44:05.380So, I mean, what's done is done. The verdict is out. Yeah, you can file for appeal.
00:44:10.520Really, everyone thinks there's new evidence. No, there's not.
00:44:14.060All the appeal coin does is make sure it was procedures were followed correctly and there was no nothing that was done to interfere with due process.
00:44:24.360TMZ is reporting that you've received messages like they say that these are screen grabs that from from messages sent to you.
00:44:31.100You're just mad because Austin's no longer living, should have stabbed Hunter, too.
00:44:38.100Didn't you beat Megan? I blame you. And he effed around and found out.0.91
00:44:44.060about austin is that are these well that's just the tip of the that's just the tip of the iceberg
00:44:50.620yeah that's that's it's unbelievable the amount i get and uh you know this is so crazy yes it is
00:44:58.960it doesn't it doesn't make it's not rational behavior from a normal human being are you
00:45:06.380worried about hunter's safety in the wake of these death threats and so on he looks obviously just
00:45:11.460like his brother there the hate toward him has been overwhelming there's a petition now with
00:45:17.260change.org to have him arrested for assault are you concerned about him well every parent if
00:45:24.340you're a parent are you concerned about your children every day yes of course yeah uh i've
00:45:30.460been concerned since he was born uh but now doubly so yes because if something was to happen oh man
00:45:37.560that picture that's the greatest those months i mean these memories you know the people that say
00:45:44.180oh i was an absentee father oh i beat their mother i've never laid a hand on a woman in my life
00:45:49.400you can ask megan uh i may i may have not been the best person in the world but i guarantee one
00:45:55.800thing i never once laid a hand on her i don't believe in that i taught my boys that you do
00:46:01.520not ever touch women i don't care if they hit you first you do not strike a woman that's just
00:46:06.620something i was taught from when i was raised and uh i passed it on to my boys
00:46:12.480these are some of the pictures of your twins growing up together and this video played
00:46:19.240i understand as you gave your victim impact statement in court um how is how how is hunter
00:46:26.420doing this must have been incredibly hard for him in particular um to be honest hunter is amazing
00:46:33.000i uh i spoke to him a couple of nights ago when he came over and we stepped out front by ourselves
00:46:40.680and i wanted to tell him something i said son um when you when you walked up on that witness stand
00:46:46.940you were a boy when you stepped down from that witness stand you were a man i said i have been
00:46:55.100hard on you and i have drilled so much into you i know you're sick of me telling you but i always
00:47:00.800told them about communication is the key. If you can't communicate, you're going to have problems
00:47:07.000with every part of your life, with your job, with your family, with your relationships. If you cannot
00:47:13.320effectively articulate your words and string them together in a sentence to convey your emotions
00:47:18.380or your thoughts in an effective manner so other people can understand you, you're going to be
00:47:23.580limited and when he got up on that stand because i was more emotional when i did my impact statement
00:47:31.100than him he was calm under control held his emotions in check was respectful was direct
00:47:42.320communicated in a very soft but firm and strong way to get his point across
00:47:51.460and to ask that man young man with respect he said please look me in the eye
00:47:58.860at least carmelo gave him at least five ten seconds of looking in the eye and then straight
00:48:05.460back down he wouldn't do that for me but hunter walked down off that witness stand as a man and
00:48:15.700And I told him last night, or not before that, I hugged him.
00:48:18.380I said, from now on, son, I don't look at you as a boy.
00:53:23.060He's the co-host of In the Well on our MK True Crime channel, which is a podcast called MK True Crime, and we have different shows on that podcast.
00:53:33.500So go ahead and subscribe now to the podcast, wherever you get your podcasts for free.
00:53:39.480And you can just go to mktruecrime.com as well, which will direct you to all the right places.
00:53:45.540He's our pal, longtime pal, and he's the host of the Arthur Idalla Power Hour, former prosecutor, former, well, now, current defense attorney, civil lawyer.
00:53:54.780Does it all. Does it all. Guys, thank you for being here. Great to see you both.
00:53:59.000Oh, my God. Poor Jeff Metcalf. That was tough.
00:54:02.960This poor guy, in addition to losing his son, has had to deal with nonstop harassment.0.89
00:54:09.040They're they're treating him like his boy is the one who committed the murder of of a black boy.0.72
00:54:16.300That's how this is being treated, like like he's some racist kid who committed a murder for no reason.0.69
00:54:22.700It's exactly the opposite. He did nothing wrong.
00:54:24.960He was trying to ask this kid to leave and he paid for that with his life.
00:54:30.060Arthur, what do you make of what's happening to this poor family?
00:54:33.560Well, I listened to the interview, and I don't know who the rebel rouser is that you were referring to, their spokesperson down there in Texas.
01:06:38.480a couple things although i just want to address what what mark said about a jury and jury selection
01:06:44.400um it's it's that but i agree with what you also said megan is that there are plenty of black
01:06:49.560jurors who can pick black people and white jurors who can pick white people but but mark is correct
01:06:54.740i mean what i say when i lecture at law schools megan you're gonna get a kick out of this is you
01:07:00.720know a trial it's like making gravy it's like making sunday sauce right that is sunday sauce
01:07:06.860but if you start with bad tomatoes it doesn't matter how much meatballs and sausage and everything
01:07:13.000you you're never gonna you know you're never gonna have a good sauce so if you start with
01:07:18.440a bad jury it doesn't matter how talented you think you are if they're just so predetermined
01:07:23.860to be against you now my limited understanding is that's one of the big issues that is going
01:07:29.740to be raised at the trial here there were minorities on this jury that just weren't
01:07:34.660black people. There were minorities. There were Hispanics and there were Asians.
01:07:38.060There were three. Apparently, there were three African-American women who were struck from the0.99
01:07:42.980jury by the prosecution and one after the other after the other. And the argument at the appeal
01:07:50.280is going to be that they were struck by the prosecutor because they were black. Now, the law
01:07:57.560is. Which is illegal. You can strike jurors for any reason. You can strike them because you don't
01:08:02.500like their hair color you cannot strike them because you don't like their skin color they're
01:08:06.260like the the things there are a few things that you cannot strike a juror a juror a prospective
01:08:12.560juror based on race is one of them but they have a defense to that they said they were all teachers
01:08:17.020and that's why they didn't have to give a race neutral reason as to why you dismiss those two
01:08:21.900or three people a question and the judge believed yeah well i was gonna say arthur have you ever
01:08:26.800met a prosecutor who couldn't give you a pretext as to why they correct use somebody what kind of
01:08:32.200nonsense is and why does a prosecutor who's got the burden of proof why do they need a peremptory
01:08:38.120challenge i think you know they have the burden of proof why should they be able to exercise
01:08:43.700peremptories at least in federal courts somebody understands that it's an uneven playing field and
01:08:49.520the defense gets more peremptories than the prosecution i've i've always thought i'd the
01:08:54.180prosecutors shouldn't even have a peremptory that they're so confident oh boy there it goes for
01:08:59.400president um so but megan what what people bleeding heart criminal defense you're gonna
01:09:05.280take away somebody's liberty why not prove your case if you think the case is so great why can't
01:09:10.500both sides have a few in their back pocket who they they get to bounce for no cause whatsoever
01:09:15.860it's a teacher it just happens to be a black teacher i i don't like the case happened on a
01:09:24.160school ground what you know exactly what the prosecution was thinking these three are going
01:09:28.160to get on there and they're going to be like i'm the authority because i'm the teacher let me tell
01:09:31.920you how these things work a lot of lawyers criminal defense and prosecution say i don't want some
01:09:36.800expert going on there i'm the expert i'll tell them what to think yes let me guess if they had
01:09:41.800a cop on that jury the prosecutor would have bounced the cop because he didn't want the
01:09:46.160authority come on megan let's not be let's not be naive they were bouncing the people for a
01:09:51.640specific reason we can make the argument any other way you want oh you're alleging racism
01:09:57.700and in a violation of the law with zero foundation alleging see this is where i think people get
01:10:04.420mistaken they say it's racism no it is bouncing and when i say bouncing i mean using a peremptory
01:10:12.000on somebody because you think as the prosecutor that person is going to have an affinity for
01:10:19.940the the defendant that does not necessarily when people say well that's but it's illegal if they
01:10:27.040do it for race you're accusing them of violating their ethics it's illegal but how do you prove
01:10:32.000it's illegal as long as the prosecutor is clever enough to give you a pretextual reason0.91
01:10:37.900but it's got to hold you tell me because the defense tried this even that loser defense lawyer0.97
01:10:44.760who was terrible did try this he stood up and he was like she's he they just struck the three black0.95
01:10:50.320jurors and the prosecutor said that's because they're educators and i don't want three teachers
01:10:54.220on the jury and he said you you let a white woman go on the jury but it sounds like she wasn't a
01:11:01.220teacher i don't like that if if the white woman who he who he let go on the jury is a teacher and
01:11:08.260has the same resume as the three black people now we're talking but the judge wasn't persuaded by
01:11:12.600the facts as they stood well you you are you are correct megan and and you know you i don't know
01:11:17.280the reason why they didn't want her on the jury the teachers was for the authority part
01:11:22.680as much as the sympathy part they're going to be teachers they're with young people all the time
01:11:28.020they're going to know the consequences of their verdict if he gets found guilty he's going to
01:11:31.960spend the majority of his life in prison so that's why um as a prosecutor i would not want
01:11:37.560a teacher who are with children i mean their life is children and it's protecting children
01:11:42.340and enriching children and so their dna is to help children and this kid is basically a child
01:11:48.800so that's why i would say judge you know and i would make that exact argument i just made on
01:11:54.140the record to the judge here's why they're going to be overly sympathetic to the jury they're going
01:11:59.300to have to the to the defendant they're going to have a prejudice against the prosecution and for
01:12:05.640the defendant because they're going to look at the prosecution not as someone who's trying to
01:12:09.660do justice but is trying to say hey one kid is dead and now we're going to kill another kid
01:12:14.160So that's the but the more you give the judge to say this is a very race neutral reason, the stronger it is.
01:12:21.920That's why I don't think this is a strong appellate issue for the defense.
01:12:27.360OK, but here's here's what's crazy now.
01:12:29.580Now you've got there was at least one juror who was bounced because he said during voir dire, quote, I don't know if I feel right putting a brother in jail by I mean, I appreciate the guy's honesty.
01:12:43.540But here's what's happening now. Here's here's now what we're getting in reaction to this verdict by the activist class class.
01:12:51.500This is from the gin and juice podcast. Take a listen to thought 17.
01:12:57.160If they say, can you be fair? Don't say no, I'm not. I'm not going to put a black man in.
01:13:04.380Don't say that. You have to go and be like, no, I will hear the evidence.1.00
01:13:09.320I can be fair when damn near half of the black people who could have been on the jury1.00
01:13:13.300counseled themselves out you know don't do that when you go up there say no I have never heard0.96
01:13:21.380about this case I can be fair say that okay and then mean it believe it a little bit don't tell
01:13:27.780them you can't be impartial I believe in the rule of law so don't go in there and act like all of a
01:13:36.140sudden you have to be the most honest person you've ever been yeah that's interesting don't
01:13:41.220by the way if you don't think that applies for pro-prosecution jurors i can give you i have caught
01:13:49.520so many stealth jurors who lied to get onto a jury to fry the client it applies to both sides
01:13:58.780so how do you get past that let me just tell you you know where it happened really extensively
01:14:03.760the first harvey weinstein trial i did they would come in we interviewed them one-on-one
01:14:08.880and they oh i could be so fair i can do whatever swearing on their children that they would give
01:14:15.100them a fair trial and then when they were struck for whatever reason we followed up on their
01:14:19.460facebook and their instagram and they were like i was almost on the jury to convict that burt ball
01:14:25.140i couldn't wait to send it to jail by the way they were lying to us so blatantly during
01:14:31.420scott peterson's trial we did what's called in california back in the day hovey vordire you
01:14:37.060bring people in individually that's what we did in weinstein that's what we yeah and i actually
01:14:42.680had a woman who i liked she said oh i changed my mind when i when i first heard i was coming in
01:14:48.180this case but my dad told me what if it was your brother and i thought wow this is great i get back
01:14:53.720to the hotel where i'm staying somebody sent me a chat room it's 20 years ago and she says i really
01:16:10.660Well, let me keep going because there's a lot more to get to.
01:16:13.800So does anyone think this appeal has any sort of a chance?0.57
01:16:17.320They may raise the juror challenge, you know, that they're going to argue that these jurors were clearly stricken because they were black and that was illegal.
01:16:25.440I mean, that that is the kind of thing if an appellate court decided to revisit it, that could get you a new trial.
01:16:31.700But there's no evidence of it. I mean, like they'd have to have something very strong, would they not?
01:16:36.100Have you guys ever seen a new trial granted on those grounds? And was it stronger grounds than this?
01:16:39.980I have. But you would have to have some time. To your point, you're absolutely correct.
01:16:44.660It's a heavy lift. You would need some kind of a declaration.
01:16:49.420you would need some kind of really compelling evidence that somebody was either, you know,
01:16:58.020one of the things that I've found, Arthur may have seen this, you have a jury strike list by
01:17:03.140the prosecution. If there was an initial, a B or something for black or some kind of rating,
01:17:10.620I've seen that. I've actually seen that happen where that was discovered years later and it
01:18:59.600If you if you don't accept that and here's all the proof that, you know, heat of passion or whatever.
01:19:03.800He didn't he wasn't effective on any of this.0.88
01:19:06.160But you have to prove not only was it ineffective assistance, you have to prove that if you had a Garagos or Idala in there, the result would have been different, right?0.95
01:19:18.820That it was, it actually did affect the outcome, that you would have had a serious likelihood of an acquittal if you had effective assistance.
01:19:35.780If the kid, if the kid signed a declaration, like, like Mark was saying that he says, I really wanted to testify. And my defense, my lawyer stopped me from testifying. I wanted to tell my side of the story. But my lawyer who's twice my age and where my family paid him and he spoke to Noah's thing. He told me, no, no, no, you can't testify. And I needed to tell my story. And judges really believe that. And it is a self-defense case. So it is, you know, it is, it is very relevant. It's not like a high in the sky.
01:20:05.780But it's look, I can just tell you in New York, Megan, to get an ineffective assistance of counsel is very difficult.
01:20:11.820The case to do with a lawyer literally sleeping at the table where it's on the record.
01:20:19.140The judge is like, Mr. Jones, Mr. Jones, are you sleeping right now?
01:20:23.180Mark was tired. He was tired. Stop it.
01:20:26.420Arthur, that was a Texas case. The sleeping lawyer was out of Texas.
01:20:31.080I did not know that. And that's where this case is.
01:20:34.520Well, do you disagree, Mark, that it's next to impossible on ineffective assistance?
01:20:39.780Ineffective assistance is a very high bar because it isn't whether or not if you had
01:20:45.540Johnny Cochran or you had the second coming of Clarence Darrow, it's basically, are you,
01:20:51.100you know, I always joke about probable cause has been reduced to are you breathing?
01:20:57.080But for ineffective assistance, it's not a high bar to be thought of as competent.
01:21:03.620And basically, judges say, could this have been a tactical decision?
01:21:11.040Could this lawyer, is there a way to spin whatever decision the client is complaining about that the lawyer had a reason to do it tactically?
01:21:20.540If they did, the judges are dismissive of it.
01:21:23.260the reason why i brought up him testifying and mark uh said it earlier and when it comes to a
01:21:28.880trial that the main decisions that only the defendant can make is to take a plea or not to
01:21:34.560take a plea and to testify or not to testify and so that the testify or not testifying that's that's
01:21:40.640a that's a third rail if the judges believed that this kid really wanted to testify and the judge
01:21:46.520and his lawyer prevented him from testifying that's something that i'm going to all i'll say
01:21:51.520if they're going to take it into consideration strongly. Well, Arthur's point, I make a habit
01:21:57.560of having the judge do an inquiry just so that you don't go down this road when the prosecutor
01:22:03.820rests and have the judge do it on the record. And in the instance, as I mentioned before,
01:22:09.740to Arthur's point, I actually will take the client into chambers, have it transcribed if
01:22:16.440they're taking the stand over my objection. I've only done it a couple of times, but I think of
01:22:22.380the one where a client did it after I thought I had tried the best defense case within the
01:22:28.080prosecutions you could ever do. And he did it over my vehement objection. And, you know,
01:22:35.900day one, he did well. Day two, he disintegrated. So that's how it goes. That's why you don't want
01:22:42.380that. All right, stand by, because there is breaking news right now in the Blake Lively,
01:22:46.760Justin Baldoni case. We have a ruling from the judge on her demand that he pay her legal fees
01:22:53.760plus punitive damages times three. She wants them trebled or tripled. We've got a ruling. That's0.94
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01:26:27.420Sirius XM 111 and on the Sirius XM app.
01:26:34.700Mark Garagos and Arthur Idalla are back with me now.
01:26:37.460And guys, big news out of the Baldoni versus Lively dispute.
01:26:42.620The judge in the case, Louis J. Lyman,
01:26:46.120has agreed that Justin Baldoni must pay Blake Lively's attorney's fees
01:26:52.680expended in defending his defamation claim against her. He had rejected her request for
01:27:01.940additional punitive or triple damages, which is a very good thing for Justin.
01:27:07.200The attorney's fee is less good. This is her submission under a policy under California law
01:27:17.080referred to as Section 47.1, which was enacted to protect Me Too victims, sexual harassment or
01:27:25.200sexual abuse victims who file claims and then get countersued for defamation by defendants who
01:27:33.540wish to harass them, who wish to silence them. It was a way of empowering them against more
01:27:40.040empowered, more richer, more famous, more connected defendants that they may be suing
01:27:46.480for sexual harassment, who try to bully them into silence with a counterclaim for defamation.
01:27:51.060I know that because we interviewed the woman behind the law, the woman whose idea it was,
01:27:56.060and the woman who was the architect of the law. Her name is Victoria Burke. And she was
01:28:00.920very against this law being used by Blake Lively. She came on and said, this is the last thing I
01:28:08.320had in mind. She's more powerful than he is. She's better connected. She's richer. And she admitted,0.99
01:28:15.100she revealed to us exclusively that Blake Lively's lawyers had come to Victoria Burke to say,
01:28:22.960we really want Blake to be the face of this law and to take it national. So it's not just
01:28:29.820California and three other states, which it is now, but it's 50 states. And that Blake Lively
01:28:34.880will be the champion for this law who brings it everywhere. And this woman, Victoria, who,
01:28:39.460unlike Blake Lively, is an actual survivor of sexual assault, said, no, I don't want your help,0.93
01:28:49.260you weird lady. I'm doing a good job on my own and I have a strategy and I'd much rather stay
01:28:56.160under the radar than have you go out there in your stupid Met Gala dress and try to make yourself1.00
01:29:02.440the face of my law. So this judge has kind of split the baby from the look of it saying,1.00
01:29:09.460All right. I under the term, the explicit terms of 47.1, I guess I have to give her her attorney's fees, but I'm not doing any of that other nonsense. And it is a loss for Team Baldoni, which made the argument that this law couldn't even be enforced and that it's probably unconstitutional.
01:29:28.920They wanted him to, like, not give her anything, but they didn't quite get that.
01:29:33.600But it's much better to just get her fees awarded to her, Mark, than to get her fees and punies and times three.
01:29:41.060I look if I was prognosticating and I did prognosticate and truth be told, talk to Brian about it.
01:29:47.400I didn't ever think they were going to get trouble or punitive damages.
01:29:51.180I expected only because there is part of what was built into the settlement agreement was a no appeal.
01:30:01.380So the judge basically could act with impunity and he didn't have to worry about the circuit reversing him.
01:30:08.180The strict language of the statute would seem to suggest that you have to award fees.
01:30:15.500But there's still yet another battle, even though the order says case closed.
01:30:20.060they're going to submit their fees requests and costs. And then the judge is going to whittle
01:30:26.080it down. And Brian's team is going to file something that says, no, this was not what
01:30:32.060was intended. And they're going to go back and forth. The judge is going to make the call.
01:30:36.040But it's not going to come out of Justin Baldoni's pocket. This is all going to,
01:30:39.820it's going to be a fight between the insurance companies over who's going to pay this. So it's
01:30:44.760really much ado about nothing and confirms what you said, Megan, that that settlement was a massive
01:30:52.620loss for Blake Lively because she paid out of pocket to her attorneys for the entire case.0.87
01:31:02.000She's not going to get all of her attorney's fees back. She's only going to get a siloed,0.97
01:31:08.140specific, discrete amount that are cabined to and tethered to the defense of that counter suit,
01:31:18.820not the entire case. So it's not like she's getting some windfall. She's getting a percentage,
01:31:24.420some small percentage of what she spent on this case. She got no damages. And as you said,
01:31:31.180the woman who actually authored the law is running as fast away from her as she possibly can.1.00
01:31:36.460here's my question for you Arthur so she she hired like 25 lawyers or something you know like1.00
01:31:42.980she ridiculously overspent because she and her husband Ryan are swimming in money unlike Justin0.98
01:31:48.520Baldoni so when the judge gets a submission of what fees were expended only in defending the
01:31:54.580defamation claim she doesn't get to reimbursed get reimbursed she's the one who filed this case
01:31:58.880she filed sexual harassment he countersued for defamation so she's not going to get everything
01:32:03.240She's not going to get how much it took her lawyers to draft her complaint or to serve process on Justin.
01:32:08.780It's from the time he filed that counterclaim, that's when it would start ticking and they're going to have to give an itemized.
01:32:14.240This is how much was spent in defending that claim.
01:32:16.800But even so, if they look at that and it's totally excessive because she hired all these.1.00
01:32:25.720She used Ryan Reynolds money to do it.0.63
01:32:27.940Is she entitled to all of that or does it have to be reasonable?
01:32:30.860No, the judge will. And what Mark said is true. The judge will. And also what Mark said, it probably will be a lawyer from the insurance company that's going to have to lay this money out saying, hold on a second.
01:32:44.560First of all, and I'll give some hypotheticals, they're billing out at $3,000 an hour. And we can tell you that the average lawyer in this California is billed out at $1,200 an hour.
01:32:55.980So whatever that is, let's take let's lop that off. Now they have five lawyers working on one motion and let's lop that off. So they may put in a bill for two million dollars and they might wind up with getting six hundred thousand dollars in the long run.
01:33:10.380And don't forget, you know, we talked about earlier jury selection and people's prejudices.
01:33:14.860It's a federal judge who makes, I don't know, three hundred fifty thousand dollars a year looking at these bills to see that some lawyer is going to make three million dollars on this is a little bit like a slow down, cowboy.
01:33:26.600I'm not giving you all of this money. OK, I got a job getting rich.
01:33:31.080Yeah, exactly. Do you know him? I don't know him.
01:33:35.340I knew his father, Judge Lyman, his father was a storied legend and kind of an Edward Bennett
01:33:48.100Williams level of expertise. I don't get the impression just based on what I've either seen
01:33:56.340or read about his temperament and his kind of rulings in this case, that he's going to write
01:34:04.940anybody a large check or allow anybody to have a large check written in this and the truth is
01:34:11.800though megan it's not probably going to hurt these lawyers because as you accurately stated
01:34:14.960they've already got paid a ton of money on the initial suit so this is just the the other piece
01:34:21.320of it but you know make in general not necessarily this law i have no objection to these kinds of
01:34:31.340cases where attorney's fees can be awarded i think it should be done more often because it would
01:34:37.120prevent frivolous lawsuits it would prevent people saying i just want to break their chops
01:34:42.020i'll give you a hundred thousand dollars let me just break your chops and see what happens
01:34:45.880and if they spent you spent a hundred on your lawyer but they spent three hundred on their
01:34:49.960lawyer so now you're you're on the so your lawyer says look you're gonna give me a hundred i gotta
01:34:54.460tell you things don't go our way you could lose money you gave me and the money you gave then
01:35:00.020And he's given his lawyers and the judge can give you treble damage.
01:35:03.740So there should be a little bit more of accountability or potential punishment if you come at them with something that is that really is frivolous.
01:35:12.660And, you know, you're not going to win, but it's not to the level where you can't file it.
01:35:17.860So I'm not necessarily against these kinds of laws.
01:35:20.860I believe it is busting the chop, not breaking the chop.
01:39:53.520The games one and two, which were in Texas, but I was in the city walking in the area of MSG and walking down the street as baskets are being made and the cheers from the city and the energy in the city.
01:40:19.060They're big flagship stores diagonally across the street.
01:40:21.500not only has it been packed for two weeks they're staying open like till 10 11 o'clock at night
01:40:27.140what it has done this for the new york economy this next run in new york fantastic uh the bars
01:40:34.220the restaurants we needed this yes we was saddled with mayor mom donnie for the love of god
01:40:39.020we needed a w all right last but not least nick reiner this is in your backyard mark
01:40:46.800Nick Reiner, the son of Rob Reiner and Michelle Reiner, who was accused of killing his parents, is working to get his trust fund, which has got a lot of money in it, $1.5 million to pay for his criminal defense.
01:41:05.640It's a very interesting question because normally, like in New York, we have the son of Sam Law and out there in California have something similar.
01:41:14.740It doesn't allow you to profit off of your crime.
01:41:16.800But his argument is that this was a trust he was entitled to long ago, like when he turned 30 and for some reason just didn't get access to it.
01:41:24.980So it's not like a will, like a like an insurance policy.
01:41:29.480Right, Mark. So what do you make of it? Is he going to get it?
01:41:31.980A lot of the chatter online has been how do you kill your parents or be accused of killing your parents and then profit from it?
01:41:39.080And that's a separate issue. This is a trust.
01:41:42.120if you believe what is being actually filed, that was formed when he was a youngster and a child.
01:41:50.460And it was one of these trusts that was set up when parents are worried that it's going to screw
01:41:56.460up their kids and make them trust fund babies. So it was not supposed to kick in until he turned
01:42:01.84030. It was not distributed when he was 30. And they're going to litigate that. But my guess is,
01:42:08.020as a practical matter when a judge sees this application and understands, look, right now,
01:42:16.200the taxpayers are paying for his defense through the Office of Public Defender. If I free up money
01:42:25.920here from the trust to pay Alan Jackson, that's going to be a zero-sum game of money that we don't
01:42:33.600have to pay as taxpayers so i i expect that that money will get freed up and the the financial
01:42:42.640aspect to the taxpayers is right on i mean megan should a guy who's got 1.5 million dollars in the
01:42:49.080bank um get you know in this case they'll give him three lawyers two paralegals as secretary
01:42:55.780you know it'll be a whole law firm literally working on this case and the people of california
01:43:00.900are paying for it you know if it was in federal court maybe the federal judge would say because
01:43:06.700they're much more strict in federal court about getting a free lawyer he would say no no let me0.99
01:43:11.100see all of your finances all of your ass no no you're not getting a free lawyer well you got0.96
01:43:15.620you know even 75 000 bucks there go find a lawyer there's some guy out there for 75 grand who's0.99
01:43:20.940going to take your case so you know it it does have something to do with why should the taxpayers
01:43:27.120be paying for his defense when there's all this money there sitting and he's never going to use
01:43:31.740it anyway because he's except for his commissary behind bars i know but like the the siblings i'm
01:43:38.460sure are angry at the thought of their parents it's really the parents money you know that they
01:43:45.060gifted to him he's i guess 32 so he was he was supposed to receive a disbursement at age 30 which
01:43:50.920didn't happen while Michelle and Rob were still alive. And then another one at 35.
01:43:57.700I don't know. I can see I can see the argument against doing it. But I take your point of they'd
01:44:02.780rather saddle the trust with the burden and not the California taxpayer. Guys, a great discussion
01:44:08.460all around. Have a great weekend. Go Knicks. Thank you. Great seeing both of you. Bye, you guys.
01:44:14.840Likewise. All right. Have a great weekend to all of you as well. We'll see you Monday. And do
01:44:19.020Do send in those emails about the show, about life, about anything on your mind.