Menendez Brothers’ Fate, Dark Past of Baby Emmanuel's Dad, Adelson Trial Takes Shape, Entitled "AG" Arrested - "MK True Crime"
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Summary
In this episode of MK True Crime, Megyn Kelly sits down with Mark Garagos and Dave Ehrenberg to discuss the latest on the Menendez Brothers' parole hearing, including the details of the hearing and what's going on in the hearing room.
Transcript
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Welcome to The Megyn Kelly Show, live on Sirius XM Channel 111 every weekday at noon east.
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Hey everyone, I'm Megyn Kelly, and today I want to bring you an episode of our newest MK Media Podcast Network show, MK True Crime.
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Go ahead and subscribe on YouTube and wherever you get your podcasts now.
00:01:13.360
Just type in MK True Crime in the search bar and you will find it and you will love it.
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Welcome to MK True Crime. I'm Johnna Spilboer, your host today.
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I'm a criminal defense attorney and founding attorney of Johnna Spilboer Law.
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The Menendez Brothers parole hearing started on Thursday, the day of this taping, with Eric Menendez up before the parole board first.
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We will likely know his outcome by the time this show airs.
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Emanuel Harrow, a seven-month-old baby from California, has now been missing for over a week.
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We'll bring you the disturbing new revelations about his parents.
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Donna Adelson's trial gets underway for the murder of son-in-law Dan Markell.
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I am joined by a fabulous team, MK True Crime contributors, Mark Garagos.
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He needs no introduction, but he is a criminal defense attorney.
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And Dave Ehrenberg, former state attorney for Palm Beach County, Florida, and managing partner at Dave Ehrenberg Law.
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We are going to kick things off with the Menendez Brothers.
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And how lucky are we that we have Mark Garagos in studio today, the man, with a lot of inside information.
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Mark, will you tell us what's going on in there?
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Because you actually took a break from the hearing to join us today.
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So the hearing is going on, started after a little bit of legal skirmishing this morning at around 8.30 Pacific.
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And basically what a parole hearing looks like, this is tracking almost exactly.
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You've got a couple of parole commissioners, is what they call them.
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Eric is present remotely from San Diego, from the R.J. Donovan prison.
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Heidi Rummel, the one lawyer that we have doing the hearing, is there present.
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Nathan Hockman apparently tried mightily to monitor this and was not allowed to do so.
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And there is an L.A. Times reporter that has squirreled away somewhere in the CDRC named James Quealy,
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who is covering this but is embargoed until after the hearing.
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So this is not going to drop until after the hearing.
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I will tell you that what normally would happen is exactly what is happening,
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which is the commissioners go through and have a conversation with Eric.
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They're asking Eric about things that, questions, so to speak,
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that a lot of people in the public might have anyway about the crime.
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What did you do afterwards? Why did you have to do this? Why did you have to do that?
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I think you could characterize it as a grilling.
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And what will end up happening is they will go all the way through the crime itself,
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which I can tell you as we're taping this, it appears that they have done,
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and then they will focus on what has happened in the prison since that time.
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And yesterday, we're taping this on the 21st, yesterday, August 20th,
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And I will prognosticate that they will go through all the minutiae of that 30-some-odd years
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Because remember, they were in the L.A. County Jail.
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Not only were their two trials sandwiched between the O.J. trial,
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that the second trial started eight days after O.J.'s acquittal,
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and so that's why you saw the judge do all the things that he,
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But remember, while they were waiting during those two trials,
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they were in the L.A. County Jail where O.J. was.
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In fact, there's a lot of people who tell the story that Leslie Abramson
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was responsible for Johnny Cochran representing O.J.
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And Leslie, of course, was the lawyer for Eric Menendez,
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We will have, by the time this drops, a decision,
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when they've finished asking all the questions,
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This is one of those incredibly unicorn-like situations
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where all of the relatives of the defendant are also the victims,
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and they are uniformly asking that they be released.
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I think the buzz is on the side of the brothers.
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Look, my feeling is if anybody ever deserved to be paroled,
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I've told people, I watched Lyle graduate in the first class
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in conjunction with the Department of Corrections
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for a graduate degree, Bachelor of Arts in Sociology.
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and I watched the valedictorian, who was not Lyle,
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but a kid, a young kid who was there as a third grader,
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And I've watched and interacted with these people.
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You watch the hospice program, which is very much moving.
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we were on the vanguard in the 90s of lock them all up.
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And by now, they are truly an aging elderly population
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in the prison, and Eric's hospice program deals with that.
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So, yeah, they really did some pretty remarkable things
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behind bars, and they've had three decades to do that.
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But after today, the cases, once both hearings are done,
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the cases are going to land on Governor Newsom's desk,
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And I think we have a SOT, if we could place SOT zero.
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We're just a few weeks away, August 21st and 2nd,
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I think, where the Pro Board is going to make a decision
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Intentionally, and I remember that conversation with you,
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I remember going back, and I kept having a temptation
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to want to see it, but with the recognition always
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in the back of my mind that this thing may land on my desk,
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I don't want to be persuaded by something that's not in the files.
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He was speaking to Ryan Murphy, who was the creator
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of the Netflix series, Monsters, the Lyle and Eric Menendez story.
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You think he's going to rubber stamp this a go?
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on parolees and getting favorable rulings and him reversing it in the past.
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I have about as good a feeling as one can have, having said that,
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that if they get the ruling they deserve, that he's not going to stand in the way.
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In fact, I would probably urge him, and this is a nuance maybe you guys can appreciate,
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If they get parole, that habeas is still alive, so to speak.
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If he grants clemency, meaning he just says, that's it, you're not under state control anymore,
00:10:04.420
So it'll be very interesting to see what he does in the event that we get the ruling we think we
00:10:09.900
deserve, and that he says, I don't need to wait the 120 days, I'm convinced at this point,
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Yeah, it doesn't sound like he's going to take a whole lot of time.
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Do you think these guys have a good chance at, I don't know,
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what are they going to do for a living when they get sprung, if they get sprung?
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First off, they've got a great lawyer, Mark Garagos,
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and I have a lot of respect for my friend, Mark.
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We just happen to be on different sides of this one.
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I was just going to say, that is, by the way, that's the, that's the,
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I'm about to bend you over, Mark, and kick you in the head, so.
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Oh, man, I remember when these guys were on trial,
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and their lawyer dressed them in that, in those sweaters to make themselves look so angelic.
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Meanwhile, they had such brutal, they committed such brutal murders
00:11:00.440
that law enforcement at the time thought it was a mob hit.
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They had to go outside and reload the shotgun because she was crawling away,
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and they wanted to finish her off and then shot her in the head.
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And then they went on a shopping spree, a spending spree.
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You can see them on the back of Mark Jackson's NBA card.
00:11:20.360
There they are in the front row seats of the Knicks.
00:11:24.440
Well, let me, let me disabuse you, Dave, of a couple of things.
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First of all, the Mark Jackson card, I don't believe is them,
00:11:33.680
Number two, the grand jury here, twice rejected, and you know how hard that is,
00:11:41.860
And number three, I've always said about the why, Kitty,
00:11:44.720
besides the fact that that shows that there's a whole lot of rage there,
00:11:50.600
and Lyle is the one who testified about going out to reload.
00:11:54.620
Nobody would know that but for Lyle's testimony in trial number one.
00:11:58.900
And number three, doesn't that, or number four,
00:12:01.400
doesn't that speak to the amount of rage they had in, I think, corroborate Eric,
00:12:06.240
who said he had found out that his mother was protecting his father all this time,
00:12:10.460
which we now know from the resentencing earlier this year.
00:12:16.400
And Dave, I don't know about you, but I know if somebody was saying,
00:12:21.600
I'm down the hall with my sons and the wife is saying you can't go down the hall
00:12:27.160
and I'm enforcing that rule, that would be incredibly peculiar to me
00:12:32.080
and be an earmark or a red flag for something that's going on.
00:12:36.120
Then you, you know, and I mentioned the habeas,
00:12:38.760
then you layer over that, the Roy Rosello declaration from Menudo,
00:12:43.440
who says, Jose raped me also and felt safe enough to do it in his house.
00:12:48.960
I think when you look at all of that and you've got the clear pronouncement in the law
00:12:54.940
that resentencing is appropriate, which the judge found,
00:12:58.320
even in spite of our elected DA kind of throwing a hissy fit,
00:13:03.500
if there was ever anybody who should be out, it should be Eric and Lyle.
00:13:08.580
Well, I was going to say that sounds like the arguments that are probably all within the habeas.
00:13:21.940
And then you've got this other kind of tragic piece of evidence,
00:13:25.720
which was Eric's letter to his cousin, Andy, who testified in the first trial.
00:13:33.620
And he talks about how disturbed he was by his dad coming in and making him do it again.
00:13:38.380
And how it's a hard thing for him to kind of keep or secret to keep and everything else.
00:13:46.400
I think, and by the way, the DA threw all of the Dave, he wasn't as articulate as Ehrenberg,
00:13:53.280
but apologies to Habib and to Seth, who were the deputies who filed it.
00:13:58.260
But they threw all of that at Judge Ryan already, once in response to the informal,
00:14:07.400
And still, there's an order out there that we made a prima facie case.
00:14:14.540
I mean, the DA's office is worried, and rightfully so, that the conviction is at risk.
00:14:22.420
They've got great lawyers, meaning Mark Garagos and team.
00:14:25.220
Also, it's nice to have Kim Kardashian and Netflix on your side.
00:14:29.300
And that's why they're going to make lots of money when they get out,
00:14:31.700
which is another reason why I don't think they should.
00:14:36.000
Yeah, there is some evidence, the Menudo letter, the cousin letter,
00:14:43.220
Eric and Lyle weren't consistent that there was sex abuse.
00:14:45.440
In fact, after the murders, Eric confessed to his therapist, the guy,
00:14:51.920
that he had killed his parents out of a desire to be free from his controlling father
00:14:56.980
and his father's high standards, but not because of abuse.
00:15:04.420
And so, and then it doesn't, to me, change the fact that they murdered Kitty,
00:15:12.260
She was married to a guy who was cheating on her,
00:15:17.360
And she had her own issues and mental health issues,
00:15:20.520
but did she deserve to be murdered in the way that she did?
00:15:23.040
They were both apparently sitting on their couch with their backs turned,
00:15:27.560
So I think there are some crimes that should fulfill the destiny of life in prison.
00:15:33.800
And there are a lot of people in prison right now who were probably just as good,
00:15:37.960
just as model of a prisoner, who did a lot less, and they're not getting out.
00:15:42.440
Well, actually, we put on it, the resentencing, we put on X-Rated,
00:15:46.680
who's one of my favorite names, if not witnesses.
00:15:50.380
And X-Rated testified that he went to Menendez University and turned his life around
00:15:55.760
and spent a lot less time on a murder case and was released.
00:16:00.140
And he was a very compelling witness, number one.
00:16:02.540
And since that time, he's posted pictures of him with his children
00:16:06.200
and the fact that the Menendez brothers were instrumental in him turning his life around.
00:16:10.680
And by the way, just to respond to some of those things,
00:16:17.980
My response is, I've never had a case, actually one case, a murder case,
00:16:23.020
where the victim's family was fully in support of my client.
00:16:30.080
Well, in this case, you not only have all of the victim's family in support,
00:16:34.180
you've got Jose's older sister, Terry, and you've got Kitty's older sister, Joan,
00:16:39.720
both of whom are hanging on with extreme health challenges
00:16:43.840
because all they want in life is to have these boys out, the brothers out.
00:16:49.020
I always call them the boys because like Dave, I was much younger when this went on.
00:16:53.120
But the fact that the two sisters, who are the ones who have the position,
00:16:59.620
and especially Kitty, Joan was, she was so much older than Kitty
00:17:04.100
that she almost testified under oath that she had almost a maternal role in her life,
00:17:09.320
that if they're saying we want them out, they've made amends and I've forgiven them,
00:17:13.020
then who are we, whose interest are we vindicating at this point
00:17:16.340
when we argue, no, keep them in, lock them up for life?
00:17:19.820
And by the way, Judge Jessic, who gave them and resentenced them
00:17:23.080
and gave them this opportunity back in May, he heard all of this stuff.
00:17:27.660
He heard hours and hours of the DAs talking about this.
00:17:31.860
And ironically, one of those DAs who will remain nameless
00:17:35.160
because I consider him a friend and I don't want to slam him,
00:17:39.620
And I told him and I said on the record, and I probably shouldn't have,
00:17:46.800
because I want to be there to remind the jury that the DA's office is prosecuting cases
00:17:52.360
where victims of sex crimes, stories change over time.
00:17:57.060
And yet this DA's office is saying if you don't testify perfectly when you're the victim,
00:18:02.100
that you should be disregarded, which is a first cousin of Dave's argument.
00:18:05.960
So I tend to be a lot more forgiving in these kinds of situations.
00:18:09.960
And I think this is a unicorn and they should be out.
00:18:13.320
And anybody else similarly situated, the fame cuts both ways, would have been out by now.
00:18:18.360
I think, I think the family support is going to be a huge factor for the parole board.
00:18:24.340
I also, I'm willing to bet five bucks they're getting out.
00:18:27.620
And I'm not, I'm not going to be offended by it.
00:18:29.600
I'm kind of in your camp, but we're going to, we're going to pivot now to a,
00:18:34.720
what I think is going to amount to be a really horrible case.
00:18:38.740
The case of missing baby Emanuel Harrow, who's now been missing for,
00:18:47.320
Um, uh, you guys might know, gosh, this poor kid, he's seven months old, right?
00:18:57.580
Apparently, according to the mother, she was changing his diaper in a parking lot.
00:19:02.900
Cause I guess that's, that's what you do from time to time.
00:19:06.040
Somebody approached her, said, hola, hit her over the head, knocks her out.
00:19:15.460
Let's, let's, let's hear it straight from her mouth for a minute.
00:19:21.480
I got him out of the car seat and I laid him down and so I could get his diapers ready.
00:19:28.900
And somebody said, hola, and that's all I remember.
00:19:34.640
And the hearing sound, I, I fell on the floor and I, and I said, as I got up, I couldn't find my son.
00:19:43.160
I checked all the, around my truck and I ran into big five and I asked the lady if she saw a baby or someone with the baby.
00:20:09.140
And I think her shiner under her eye gives it away because according to witnesses who have posted on social media,
00:20:16.740
she showed up with that shiner before there was the incident that didn't apparently exist, although maybe,
00:20:27.080
So this is someone who I think is acting and that's just my belief based on what I saw.
00:20:34.620
She did the same thing, pulled the same act and threw in the same casual racism where it was the black kids who stole her kids.
00:20:42.000
And then it turned out she was the one who drove them into the body of water here.
00:20:46.940
She puts in a little bit of the, hola, so you put that out there into the body public to poison the well.
00:20:53.500
And so, no, I think the walls are closing in on her and her husband.
00:20:57.160
And there is obviously not an indictment, not a charge yet.
00:21:06.760
And when people are trying to help them find their children, the father has told these individuals that they are trespassing.
00:21:15.620
That's not how people would act if they were innocent.
00:21:18.960
That's not how people would act if they really cared about the well-being of their children,
00:21:22.720
especially one last point when you have the father who has a past of beating up a toddler.
00:21:29.940
And interestingly, I also thought about the Susan Smith case and the Harmony Montgomery case when I was reading about this one.
00:21:36.940
And the father, apparently he beat the crap out of one of his other children, so much so that that child got taken away from him.
00:21:47.060
I don't know why the father's not in jail, number one.
00:21:50.840
But you mentioned he was trying to shoo-shoo away bystanders who wanted to help look for the child.
00:22:18.360
That's fine, I just wanted to see if we could help you in any way, talk to you about what happened.
00:22:28.400
I'm into Pokemon myself, where I collect as well.
00:22:42.580
Mark, this guy pleaded guilty to willful child cruelty back in 2018.
00:22:54.060
And now he doesn't want any help looking for his missing seven-month-old.
00:22:59.860
You know, a hat tip to Megan Kelly, former lawyer and investigator extraordinaire.
00:23:08.620
At her behest, I had somebody look at a file out here in California.
00:23:14.900
And I will tell you, I won't step on any of it.
00:23:18.200
I will tell you, if I represented him, I would not have had him answering the door.
00:23:26.480
There are some rather, if you're, I can tell you right now, having looked at a civil file
00:23:33.380
involving this gentleman, the police have already got enough probable cause, in my opinion,
00:23:44.220
In addition to that, there was a restraining order against him recently that was denied.
00:23:53.740
But some of the allegations connected to that are extremely disturbing.
00:23:59.320
And if he is not good for this, if in fact the story is true, he's going to have every
00:24:07.500
incentive in the world to want to find out who really did this.
00:24:11.280
Because I'm going to tell you, his history, and I know you're not supposed to normally
00:24:18.020
look at all that, but his history is extremely troubling for something like this, especially
00:24:28.540
The black and blue mark, the missing, the story beforehand.
00:24:34.960
I mean, if you take a look at this civil file, which my partner just did this morning, I think
00:24:40.680
there's going to be some revelations that are going to have the people worked up into a
00:24:47.680
So if you're this guy, you want your kid found and found immediately and somebody else to be
00:24:56.000
Yeah, I, you know, look, I'm a criminal defense attorney too, but this story stinks.
00:25:08.700
So I won't be surprised when somebody gets, and probably both parents could get indicted
00:25:15.240
But we're going to move on yet again because there's so much.
00:25:19.000
This is an amazing docket we have going on today because next we have jury selection,
00:25:24.360
which I think is going to wrap up very soon in the case against Donna Adelson in your neck
00:25:30.720
of the words, your neck of the words, your neck of the woods, Dave.
00:25:35.580
And you also have a pretty personal connection to this case because the victim in this case
00:25:47.060
When I was a state senator, I knew him in Tallahassee.
00:25:52.660
And instead of making the big money out there in the private world, he went and became a
00:25:57.080
law professor in a smallish town because he cared deeply about students.
00:26:04.600
He got well known for his writings and he loved his children so much.
00:26:08.820
And it was his love for his children that led to his demise, his targeted murder, because
00:26:14.840
he refused in a child custody dispute with his ex-wife to give up custody to allow the
00:26:21.320
kids to move from Tallahassee all the way down eight hours away to South Florida, where the
00:26:27.800
They even bribed him, said, we'll give you a million dollars if you allow it.
00:26:31.240
But he cared more about being with his children than the money.
00:26:33.780
And then eventually the family, because the son, Charlie, is now in prison for it, the
00:26:46.340
It's not looking good for her either, especially since we know she tried to leave with a one-way
00:26:55.600
Not exactly the place I think of if I want, you know, a spa day.
00:27:00.700
And also, I have so many questions about this case, and I don't know if it'll come up in
00:27:04.380
the trial, but why isn't Wendy Adelson charged with anything, the actual mother of these children
00:27:19.020
If you have any questions or comments for us, you can now email mktruecrime at devilmadecaremedia.com.
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We are actually going to continue first with a little more on Donna Adelson because as you
00:28:43.520
know, that trial is about to start any day now.
00:28:47.140
We thought it might start later this afternoon, but that's probably not going to happen.
00:28:52.180
They are in the middle of jury selection in that case.
00:28:56.280
And I have to remind everybody that Donald Adelson, who is the mother of Wendy and Charlie,
00:29:04.620
So wouldn't you know, the prosecutor in this case was asking the jury whether or not they
00:29:25.820
I mean, it's all you in picture, but like anyone who's capable of like, has a classic control.
00:29:35.040
You could keep an open mind to the possibility that a grandmother could be a killer.
00:29:48.320
Since you're down there, you're a friend, you're in the mix.
00:29:59.960
There was a rumor recently that the prosecutors offered Donna time-served, meaning you can
00:30:06.680
walk free if you turn on Wendy, if you testify against Wendy.
00:30:10.040
The prosecutors came out right afterwards to say that is not true.
00:30:13.640
But they didn't deny there was a plea offer made.
00:30:16.040
They just said that what you heard is not true.
00:30:18.380
So no, I don't think they'll let her walk in exchange for giving up Wendy.
00:30:21.640
But by the way, Donna is not giving up Wendy anyways.
00:30:24.540
It's the thing that Donna cares most about in the world are her grandkids, and she gives
00:30:31.180
And she's also, in my mind, such a narcissist that she believes she did nothing wrong, just
00:30:36.760
like her son, who also tried to convince the jury by taking the stand and coming up with
00:30:41.280
this ridiculous double extortion scheme, this defense double extortion, which we can get
00:30:50.520
And I think that's going to be Donna's fate as well.
00:30:55.540
Does Dave Ehrenberg Law, do they do criminal defense?
00:31:00.460
Yes, actually do, which is funny because here I am, I've still been a prosecutor for the
00:31:05.220
I was going to say, I have an expression for guys like you.
00:31:11.640
And I tease you because you were a hell of a prosecutor, and it's great that you're not
00:31:18.060
But having said that, my father, who was my hero and was a prosecutor for many years before
00:31:24.960
he came to his senses and started doing criminal defense, he used to say, when they offer you
00:31:29.980
low-term state prison, they basically know their case is not very good.
00:31:34.600
When they offer you county jail, they know they don't have a case.
00:31:37.960
And when they offer you time served, you're factually innocent.
00:31:43.620
You know, I like that theory, but I got to disagree.
00:31:46.900
I don't think Donna Adelson has a prayer of a not guilty.
00:31:53.100
I mean, it's just too, the thing I keep hearkening back to is, this is what I don't
00:32:03.180
Why would a granny and her son concoct this plan to stop the children from being with
00:32:11.960
their father without the involvement of the children's mother?
00:32:22.100
Weren't there wiretaps or phones tapped in this case?
00:32:32.500
Yeah, I think they're, I suspect, call me a cynic, I suspect that there is evidence that
00:32:40.280
if they brought charges against her, would end up backfiring on them as, you know, I hate
00:32:49.480
I think otherwise, if you're a prosecutor like the ones I deal with, with great frequency,
00:32:55.440
the way to get a plea out of Donna Adelson was indict or file on both of them, the mother
00:33:02.360
and the daughter, because, you know, the only difference between a prosecutor and a mob
00:33:06.640
boss is that the mob bosses spare the women and children.
00:33:12.200
In defense of Georgia Kaplman, who you heard in that great voir dire, and who's done a great
00:33:17.620
job in this case, by going one after the next, they've been able to develop new evidence.
00:33:23.020
So, for example, the reason why they've got Donna, I think, is because they have that
00:33:27.060
incredible circumstantial evidence, consciousness of guilt, that she was trying to flee on the
00:33:31.340
one-way ticket to a non-extraditable country, Vietnam, and they even have that video, and
00:33:37.380
And the only reason why they had that was because they first got her son, who was found
00:33:46.540
And I suspect when they got Donna's phone because of that arrest, they got other damning
00:33:52.500
So if Donna is convicted, I do think Wendy is next.
00:33:58.560
She was literally on the skywalk to the airplane when the cops got her because someone told them
00:34:06.160
that she was about to flee and got her just in time.
00:34:10.660
And I know we're going to be talking about this case a lot more when the actual trial
00:34:15.280
So we're going to pivot again and talk about Brian Koberger.
00:34:23.140
Brian Koberger has been in prison now, not very, I mean, he's been in jail, but now he's
00:34:27.860
And he wasn't there very long before he filed a sexual harassment complaint.
00:34:38.500
And as one of the victim's sisters, you know, plainly said during his sentencing hearing,
00:34:44.480
you know, don't drop the soap, you know, basically.
00:34:48.400
And here he is complaining that he's getting harassed in prison.
00:34:54.740
Does he have a shot at getting moved for sexual harassment?
00:34:57.360
He's obviously not listening to his lawyer's advice, wouldn't you say?
00:35:01.220
I mean, there's the, this is not a, this is not a way I sometimes tell clients this.
00:35:11.880
And they always, Dave, I mean, we know people, he's starting early.
00:35:15.420
He's going to be in prison for the rest of his natural life.
00:35:18.380
My prediction is he's going to die in prison, obviously, and it won't be of old age.
00:35:28.280
They write these weird motions on the toilet paper and they try to file them and they usually go nowhere.
00:35:37.020
You know, you see him with his red hands in the video we saw of him behind bars, that surreptitious video.
00:35:42.900
And that's because he washes his hands like a hundred times a day to the point where he irritates his hands.
00:35:55.080
I mean, here's a guy who's going to complain perhaps at mealtime because the fish isn't fresh.
00:36:00.020
He is going to complain to the warden about every little thing, which actually I sort of like because I do think he got off easy.
00:36:06.800
I thought that he should have faced a death penalty.
00:36:09.040
If he doesn't face a death penalty, then who does?
00:36:11.980
So, yeah, in that sense, I'm not going to shed any tears for this sociopath wannabe serial killer.
00:36:19.420
But just as an homage to the victim's family, can we just run SOT 9 because it's a classic.
00:36:29.520
Aubrey wanted to say, you may have received A's in high school and college, but you're going to be getting big D's in prison.
00:36:59.080
So let's move on to our next case, which is it doesn't involve murder.
00:37:05.480
Kevin Costner, though, Kevin Costner has filed a motion to dismiss in a case that was filed against him.
00:37:13.300
And again, now this one smacks of the recent Blake Lively versus Baldoni.
00:37:23.200
Apparently, Mark may know a whole more about this than I do.
00:37:27.020
But Kevin Costner filed a motion to dismiss because someone filed a motion against him for having a sexually charged rape scene that was sprung upon her during the filming of a movie.
00:37:49.300
I'm not so sure I buy how how this is being kind of spun, so to speak.
00:37:57.060
And by the way, at its core, all of this is about spinning and something that happens quite a bit.
00:38:08.520
You know, it's weird, Dave, because we're still the case against Baldoni and and Blake Lively and the back and forth that they have was the first time I really heard of a an intimacy coordinator.
00:38:20.000
Didn't know that that was a thing, but apparently it is.
00:38:22.540
But also, you know, when you are an actor, an actress and you sign your lucrative contract, in this case, it was a stunt woman and her name is Devin Labella.
00:38:34.580
She was a stunt woman for Ella Hunt on set of this movie.
00:38:37.740
Don't you know, like you read the scripts, you know what's going on.
00:38:43.740
Why do you then get to complain for for doing your job?
00:38:48.520
Well, she's maintaining that the actor went too far, not Costner, but whoever was filming that rape scene with her.
00:38:59.400
This was in preparation for the the pre scene, I guess.
00:39:03.820
It gets a little confusing, but I'm with Mark on this one.
00:39:08.900
I'm a little I'm a little skeptical because these movies have these paid intimacy coordinators.
00:39:15.080
They're there for a reason to prevent something like this from happening, to be the witness in case there is an allegation and to stop something like this from happening.
00:39:24.140
So the fact that she is now raising it as she said, he said, with no evidence other than her own words.
00:39:30.080
And apparently Kevin Costner is coming up with photos and documentation that shows otherwise.
00:39:35.480
Yeah, I'm not so sure that she's going to win on this one.
00:39:38.500
And just to make it clear, although we're a true crime show, this is not a criminal trial.
00:39:43.300
This is a charge, an allegation, a tort for a civil court, not criminal.
00:39:48.020
And by the way, I've known Kevin Costner for countless years.
00:39:57.740
Just from a personal standpoint, makes zero sense.
00:40:01.720
So I'm just going to give my own personal view here.
00:40:06.360
Real quick, Mark, what do you think, though, about the text messages that she sent, Devin LaBella sent after she rapped, you know, had a wonderful time.
00:40:18.120
Look, having just watched the Diddy trial, I will tell you that you can always, after the fact, invent, you know, my therapist told me this, my girlfriends told me this, my boyfriends told me this.
00:40:35.100
But when you have to face your real-time text messages, there's something really compelling about that.
00:40:42.920
And, what, you just came to a realization and somebody just rocked my world and all of a sudden what I thought then was great isn't great anymore.
00:40:53.040
I just think people have kind of moved past that as of late.
00:41:09.300
But when we come back, it's really my favorite story of the day.
00:41:12.920
And we're going to be talking about the story about the assistant attorney general out of Rhode Island that was arrested for trespassing and then some.
00:41:26.620
There are so many stories in the news where corporate media outlets are trying to control the narrative and spin you in one direction or the other.
00:41:34.620
This is why I want to tell you about the Ground News app.
00:41:37.680
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00:41:50.540
They help expose media bias and they allow you to compare coverage.
00:41:55.060
I know you're worried about immigration, the economy, simply finding the truth missing from social media feeds.
00:42:07.840
That's five bucks per month when you go to groundnews.com slash Megan.
00:42:26.680
An AG, an assistant AG from the great state of Rhode Island was arrested for trespassing.
00:42:35.120
Now, we've got to kind of figure out what happened behind the scenes here.
00:42:38.160
But before we do that, let's just roll the best video of the day.
00:43:16.780
Your protocol is if I ask you to turn off the body cam, you have to turn it off, and
00:43:24.100
Well, that's f***ing lawyer stuff, so that's not true.
00:43:59.020
You're being detained because you're not leaving.
00:44:42.060
I've got a Rhode Island bar lawyer in my office.
00:44:45.180
And I'm now thinking that if she leaves the AG's office, I want her to head my Rhode Island
00:44:56.560
You know, back when I was drinking, this is somebody I would have liked to spend some time with.
00:45:00.980
I'm so glad you mentioned that because I actually think she's going to be fired from the AG's office.
00:45:14.320
But what happened inside that restaurant that made the restaurant call the police and press charges for trespassing?
00:45:21.680
Like, what could have possibly happened in there?
00:45:23.880
And when she told the cop, you're going to regret this, that's where I think she drew a line.
00:45:31.340
Dave, you're going to hire her when she gets fired from the AG's office?
00:45:36.240
First, I don't know if she ever made it into the restaurant.
00:45:38.800
She just might have been commiserating outside.
00:45:44.900
Because I worked for the AG on three separate occasions.
00:45:48.800
You're an assistant attorney general if you work for the AG.
00:46:00.480
Can you imagine at that blood alcohol level her having to say, I'm a special assistant AG?
00:46:06.280
That would have been a field sobriety test in and of itself.
00:46:09.840
Well, I mean, the one thing she's not is the boss.
00:46:13.300
I know, because I ran for AG in Florida and lost to a woman named Pam Bondi.
00:46:23.820
And this woman is not a prosecutor also in court.
00:46:27.980
She is an appellate prosecutor, meaning she does the appeals.
00:46:37.200
I have a lot of respect for my appellate prosecutors in my old office.
00:46:41.200
But this perhaps is why she did not understand the rules on body cams that it's OK.
00:46:46.240
And in fact, they have to keep their body camera on in a situation like this unless the victim says turn it off.
00:46:54.620
So this woman was wrong on the law, wrong on her title, a complete embarrassment to her entire profession.
00:47:01.320
I just slipped and said our entire profession because I still do believe I'm there.
00:47:05.980
I was going to say, you got to leave the office at some point.
00:47:09.720
But by the way, when she leaves the office, she looks like a whole lot of fun.
00:47:27.620
I'm glad she's going to probably be sending you a resume because, you know, she's going to need to, I think, very soon.
00:47:39.960
If she's not a 0.15, I'll eat my shoe in Macy's window.
00:47:46.040
And since we're on this, I would like to, if you don't mind, let me kick off closing argument segment of the show with one of my own, which directly relates to this horrific embarrassment that we all just witnessed, if you don't mind, guys.
00:48:03.100
And I want to say this to every young lawyer who is awaiting the bar, who just passed the bar, who's finally become a lawyer.
00:48:12.560
And I know that she was practicing for seven years, but let me harken back.
00:48:18.480
When you take the bar, pass the bar, and get your ticket to practice law and take that ticket and you put it up on your wall in a nice $350 frame because your parents are all proud of you, I want you to remember one thing.
00:48:35.820
Law school does not teach you how to be a lawyer.
00:48:44.460
And if you want to be a great lawyer, you need to be a good person.
00:48:50.720
That means you have to be a good person, whether you are at the grocery store, pumping gas, watching your kid's soccer game.
00:48:59.020
You are a lawyer all of those times, not just when you're in the office.
00:49:03.900
And certainly, you're a lawyer even when you're at a bar, slamming back some cosmopolitans and talking down to the police officers.
00:49:12.560
That is no way to make your name or your way in our profession.
00:49:27.680
And I believe, Dave, you got something you want to rant about?
00:49:34.600
I said I'd talk about this alleged extortion plot.
00:49:39.320
She's going to say that the reason why her money got in the hands of the hitman was because the hitman then were trying to extort her son and thus her into paying them.
00:49:50.160
Number one, first off, the money that was handed over to the hitman was washed, literally washed.
00:49:56.580
It was moldy and wet because somehow in her mind, this amateur crook, she believed that money laundering should be taken literally.
00:50:06.120
Another reason why this is so ridiculous is that when the undercover officer went up to her and it was recorded, it's called the bump.
00:50:13.740
When they bumped into her and they tried to get money out of her and that's when it all put everything in motion.
00:50:24.200
It was to her son saying this involves the two of us.
00:50:26.440
And then they talked in code and they used the term TV to describe the murder.
00:50:33.700
Now, she supposedly was scared of the extorters who are from the Latin kings.
00:50:37.340
Mark Garagos, have you ever heard of the Latin kings engaging in wiretaps?
00:50:43.360
Let me tell you, the Latin kings may be proficient in a lot of things.
00:50:50.660
Do I have to respond to this or can I do a rant on a different subject?
00:50:58.820
Well, you know, the rant I'll do today is really about the presumption of innocence.
00:51:05.240
Even though we do these things and we love to go down the true crime well, I always think that you've got to just sit back and say, let me hear more and let me know more before we jump to the conclusions.
00:51:26.640
I'm the first guy who tries to tie all the dots together.
00:51:30.900
But my fear sometimes when I'm trolling or being trolled on X is that sometimes people go down a rabbit hole and make these connections that really have no basis in reality.
00:51:43.920
And so I just say every once in a while, take a little reality check, if you will.
00:52:01.120
I want to I want to thank everybody for joining us today at MK True Crime.
00:52:05.160
And don't forget to tell us what you think of the show or if you have any stories you want us to cover.
00:52:09.860
If you just want you just want to chat, you can email us at MK True Crime at Devil May Care Media dot com.