Performance of Outrage, and Gwyneth Paltrow Ski Crash Trial, with Jason Whitlock, Mark Geragos, Jonna Spilbor, and Angenette Levy | Ep. 518
Episode Stats
Length
1 hour and 36 minutes
Words per Minute
175.01062
Summary
Jason Whitlock joins Megynkelly to discuss the Nashville shooting, the Gwyneth Paltrow trial, and the insane anger being directed at conservative Christians in the wake of the attack. Megynkel is joined by Jason Whitlock, host of the Blaze TV's "Fearless" and a columnist with The Daily Wire.
Transcript
00:00:08.560
Like that woman over there with the designer jeans.
00:00:32.520
Your home for open, honest, and provocative conversations.
00:00:51.840
We will also get to the absolutely disgusting displays
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I've been watching it every day after the show.
00:01:33.180
But first, we're going to talk about the state of our nation.
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It does feel like we're at some sort of crossroads right now.
00:01:40.800
And one of our favorite guests is back to discuss it all.
00:02:05.340
I'm sorry to hear that you live nearby the shooting.
00:02:08.520
I mean, that just brings a next level of trauma
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you know, say a prayer for our friends at The Daily Wire
00:03:31.420
after thinking about the families involved here
00:04:05.380
it's ground zero for the discussion about race.
00:04:13.820
and promote a lot of this gender ideology stuff
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And we're just going to chemically castrate people
00:05:04.280
And there's going to be real blowback for that.
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No, we don't like to say the names of the shooters.
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Well, let's not help this person get the infamy
00:06:02.920
and she wouldn't have done this kind of violence
00:06:21.000
is because they don't have a correct understanding
01:11:26.440
Kind of looked like everybody else on the slope.
01:11:31.660
Probably had a better ski outfit, though, I bet.
01:11:46.220
You know, this whole fangirl thing that she had going on is literally cringeworthy.
01:11:53.780
And if I were her client, I'd be a little ticked off because the message that sends to
01:11:59.820
the jury is even I like her, you know, and I have to cross-examine her because she did
01:12:10.040
And I'm going to have nightmares about, you know, that whole...
01:12:13.080
When she made the comment about, you're not that small, I just wish I could have got inside
01:12:22.840
I have a different interpretation of the motivation behind those moments.
01:12:27.080
Mark, but let me tell you, I don't see her as trying to ingratiate herself with Gwyneth
01:12:39.280
I recognize how unrelatable Gwyneth Paltrow is, and I'm just making a big joke out of
01:12:43.280
it all that only we, the Utahns watching this, get.
01:12:48.500
Well, so you took the thought right out of my head.
01:12:52.080
I said, what I was going to say is, one of the reasons I don't do state court outside
01:12:57.580
of California is because the peculiar culture is something you just can't tap into that quickly.
01:13:04.360
And if, if this is effective in that Utah state court, then that proves my point because
01:13:17.980
My viewers in Utah need to tell me how to say that.
01:13:21.740
I don't know how we refer to our, our friends in Utah.
01:13:24.840
Um, I know they're not all like this cause I know a lot of folks who live there.
01:13:28.220
Um, this, so I think she is making a miscalculated attempt to ingratiate herself with the jury.
01:13:36.240
Um, but the, the lawyer representing Gwyneth Paltrow in his own way is equally annoying.
01:13:52.700
He just like, he trips on his words a fair amount.
01:13:55.620
And the thing that's driving me crazy is this massive head cold that he appears to have
01:13:59.800
where he is snotting all over every trial exhibit, his hands, his nose.
01:14:05.040
He's shoving the tissue up his nostrils with every other question.
01:14:17.420
Megan, do you have, has the thought or Jonna, has the thought crossed your mind?
01:14:22.380
Isn't this guy reminiscent of the public defender in My Cousin Vinny?
01:14:28.720
I, not only did I say that, I have it queued up for you, Mark Garagos.
01:14:36.860
January 4th of this year, my client did indeed visit the Sack of Suds.
01:14:46.840
Um, um, um, um, um, um, um, convenience store, but, but, he didn't, um, cure anyone.
01:15:08.660
I cannot watch this without thinking of that scene, without thinking of the opening statement.
01:15:17.180
It just, I never, that's why I said this to me is infinitely more intriguing than Defty
01:15:26.880
He is purposely unpolished, is the phrase I have for her attorney.
01:15:32.680
And if you keep showing My Cousin Vinny clips, I'm going to do my best Marissa Tomei impersonation.
01:15:39.020
I usually save it for after I've had a cocktail, but I'll do it for you.
01:15:48.720
Well, I have to say, I'm going to, I can say any word I want, right?
01:16:04.460
There's so many classic moments from that movie, right?
01:16:06.440
And she's like, imagine you're a deer in the whole scene in your fucking head.
01:16:15.320
So here's what Gwyneth Paltrow said happened to her.
01:16:18.800
She claims she was the innocent victim, minding her own business.
01:16:21.580
And what she thought was a perverted dude came from behind between her legs with his skis
01:16:28.240
I was skiing and looking downhill, as you do, and I was skied directly into by Mr. Sanderson.
01:16:37.320
I didn't know if it was an intentional assault of a sexual nature.
01:16:43.880
Was he grinding and thrusting or something or just the noises?
01:16:52.560
So that was a quick thought that went through my head when I was trying to reconcile what
01:16:58.660
I was skiing and two skis came between my skis, forcing my legs apart.
01:17:04.260
And then there was a body pressing against me and there was a very strange grunting noise.
01:17:10.820
So my brain was trying to make sense of what was happening.
01:17:22.540
My mind was going very, very quickly and I was trying to ascertain what was happening.
01:17:37.500
And that's when you were furious and said, you skied directly into my effing back at the
01:17:49.580
After you were screaming to him, isn't that when Mr. Sanderson said, I'm sorry, I'm sorry.
01:17:59.400
And you didn't stick around long enough to find that out.
01:18:02.440
I stuck around long enough for him to say he was okay to stand up, that he told Mr. Christensen
01:18:12.440
So before we play the plaintiffs, what did you make of Harry Mark?
01:18:14.960
I made that, I'm going to make a bold prediction on your show that this is the subject, that
01:18:22.120
clip will be the subject of a Saturday Night Live skit this week.
01:18:26.120
I have no doubt because the amount of comedic material that was just there.
01:18:32.480
And by the way, this, can you imagine, Megan, go back to when you were trying cases.
01:18:37.460
Because most of the judges I know would have gone ballistic on me if I had even tried any
01:18:45.600
I mean, there was the one moment where the woman cross-examining her, who we talked about,
01:18:49.960
the lawyer, tried to get Gwyneth to come down off the stand and do a reenactment with the
01:18:55.540
lawyer on whose legs went into who she was going to, I guess, come from behind and do the grunting.
01:19:07.700
That was her, I mean, I will say I didn't, like her little Jonna, you know, like, I'm
01:19:12.620
sorry, forgive me for swearing, you know, like, come on, right?
01:19:21.420
I mean, she lost some points with me because I can think of a lot of situations where she
01:19:25.820
might feel that somebody was sexually assaulting her, but going, I don't know, 20 miles an hour
01:19:31.460
down a ski slope, really, that just didn't add up for me.
01:19:35.420
Like, it's more plausible that you're just going to bump into somebody and fall down.
01:19:38.900
It's not plausible that somebody's going to come at you 20 miles an hour and try to cop
01:19:49.360
I mean, one time I was in Italy, there was a guy jerking off on a bike as he went by me.
01:19:53.280
That was actually very, I mean, that was, that was impressive.
01:19:58.860
So, but like in a ski mountain, you're all in your gear.
01:20:10.160
This is why you're a brilliant lawyer, because you think of, you get, you get the really sensible
01:20:16.760
Here's Terry Sanderson, the plaintiff in this case, trying to reenact what he says happened
01:20:27.940
And so I came around that corner and it was, it takes my breath away to think I, this is
01:20:35.240
hard because I don't like going through this scene.
01:20:43.700
And then I heard something I've never heard at a ski resort.
01:20:58.440
And it was like somebody was out of control and going to hit a tree and was going to die.
01:21:11.700
You know, I got hit in my back so hard and it, I, I'm right at my shoulder blades and it
01:21:20.960
And the fists and the poles were right there at the bottom of my shoulder blades.
01:21:35.780
Well, it, all I saw was a whole lot of snow and I didn't see the sky, but I was flying in that sense.
01:21:47.120
Did the person who struck you land on top of you?
01:21:55.840
I had no upper body strength enough to be able to catch myself.
01:22:01.940
Do you remember hitting your head on the ground?
01:22:10.860
Before we react to that, I'm just going to give you a flavor of how cross-examination went,
01:22:15.440
because we cannot discuss Terry without discussing moments like this one, SOT 16.
01:22:24.800
Do you recall saying that you agreed that saying I'm famous was a crazy thing to say?
01:22:41.200
When you say it wasn't me, it was, in fact, you.
01:22:44.620
It's the other personality that's inhabiting my body right now.
01:22:59.400
I once had a preliminary hearing, Megan, where the woman who was the accuser against my client admitted on cross-examination that she had multiple personalities and that one personality had been the victim of my client.
01:23:16.340
And this apparently, you know, that woman was actually diagnosed with a psychiatric illness.
01:23:27.100
I don't understand why his lawyer thought this was a good road to go down.
01:23:34.340
They knew from the deposition that he was going to say these things.
01:23:37.820
And he's going to blame Gwyneth for his split personalities.
01:23:43.500
What we were seeing there on cross for the audience is he had tweeted to his daughter, sorry, texted to his daughters after the accident.
01:23:50.960
I'm famous because he was in the news for having collided with Gwyneth Paltrow.
01:23:56.720
And there was testimony by one of his daughters that he'd been Googling himself and kind of getting off on seeing his name out there linked to Gwyneth as like, I'm a star.
01:24:05.840
And he admitted at his deposition, you know, that he did do that.
01:24:11.200
And now the lawyer is trying to rub it in his face.
01:24:12.920
And he's saying it was his his split personality caused by this brain injury that he the normal Terry would never have celebrated his fame.
01:24:24.020
Because the normal Terry didn't just have multiple personalities.
01:24:27.120
The normal Terry must have had multiple bodies because he used to be able to multitask by driving down the road and reading at the same time.
01:24:36.580
And part of his damages is he's no longer able to do that.
01:24:42.060
So I thought I thought it was kind of funny that his damages are actually one of his daughters said part of his damages are damage to his personality because his personality has changed.
01:24:54.560
Not that that happens anyway, when you're, you know, maybe getting up in years.
01:25:01.720
So this guy, you know, this adds credence to the theory that he is only here because it is Gwyneth Paltrow.
01:25:09.720
And if it were John Q public, we never would have heard of Terry Sanderson.
01:25:14.560
I know the thing that the feeling you get, Mark, that he may be lying about his damages undermines his entire claim.
01:25:22.800
He comes off as a grifter and this does not help the cause at all.
01:25:29.560
But by the way, it's kind of a battle of who do you who do you want or detest more on this case?
01:25:37.240
Because it really is when one side does something, the other side says, oh, yeah, well, I'm going to one up you.
01:25:43.680
It's just the that's why it's so fascinating and intriguing.
01:25:48.020
Well, she found the perfect lawyer for her because, you know, she's off.
01:25:51.100
She is off socially like I mean that just the stuff I was quoting from Maureen Callahan, you know, like I can't act like and she she got she was in the news, according to Maureen for she was on some Vespa and almost like cut off a school bus full of children.
01:26:04.540
And like she's just a little flighty and a little out there and not somebody you can really relate to very well if you're sitting in that jury box.
01:26:26.080
I don't know how he recovers from that, especially because he's got the burden of proof.
01:26:31.540
Unless, like I said, unless this plays well in Utah, I've tried cases in Utah.
01:26:38.120
But he but he's got the friend who's the eyewitness.
01:26:41.360
And not only does the friend, of course, it's his friend.
01:26:46.080
But as we were talking about with Anjanette, they they found messages that the friend posted online.
01:26:51.660
I'm trying to find the exact ones earlier before this case was ever here.
01:26:55.940
They are ever filed in which he said things like the following.
01:27:05.060
What makes me mad is Gwyneth took out Terry and then took off.
01:27:09.100
Another one reads Terry was not doing the man thing.
01:27:13.740
You do not get taken down the hill by ski patrol if you were hit on the ass.
01:27:17.660
He's saying like he didn't just stand up and say he's fine.
01:27:20.260
He might have said in the moment that he I'm OK.
01:27:22.280
But the way the witness testified about it, it was just like, oh, yeah, I'm OK.
01:27:26.340
You know, like he didn't know what had happened to him yet.
01:27:28.420
And then he writes on what you did not see was Terry was knocked out cold.
01:27:38.720
And goes on to say, you're trying to make light of it.
01:27:44.620
How do you get around that, John, as as Gwyneth's lawyer?
01:27:50.120
First of all, Gwyneth Paltrow is the size of a straw.
01:27:55.740
She basically hurt her knee and had to go get a massage.
01:28:03.900
Now, you know, granted, I know sometimes you could have a car accident.
01:28:10.520
But when you're person to person like that, it just doesn't make sense for him to be that
01:28:14.860
And don't forget, her camp brought in some experts.
01:28:19.480
And I think there was an expert on the stand earlier today talking about examining his brain
01:28:25.320
And he was his brain was the same as now as it was before the ski accident.
01:28:34.360
You know, in addition to that, not only is the science not on his side, if you watch him
01:28:38.940
on direct, which the jurors will and then watch him on cross, he clearly is changing or he's
01:28:44.940
got that kind of facile ability to change his memory, to change his recall and to change
01:28:56.300
And they're even talking about in that his lawyers are talking about.
01:29:01.640
I mean, it seems a little crazy under cross examination of the University of Utah's director
01:29:14.640
And this guy had said this guy, if he probably didn't have a loss of consciousness, I don't
01:29:24.220
He has a history of drug seeking prior to this collision and goes on.
01:29:28.140
And then on the cross, Sanderson's team asked him this witness about the phenomenon of confabulation
01:29:33.920
in which a person invents experiences that never happened while earnestly believing that
01:29:39.100
they did suggest in being any inconsistent testimony by Mr.
01:29:47.860
I just I just actually you could take that and shove it right back at them because that
01:29:56.520
And that would and it really would have been supported by some of this testimony.
01:30:03.340
I don't even understand why this case is being tried.
01:30:06.080
The insurance companies, I would have thought, would have said no to this nonsense.
01:30:09.800
Well, a lot of people think that she is in the right and they believe her because she's
01:30:13.980
a celebrity, Jonna, and they think, why would a celebrity put herself through this?
01:30:17.160
Three hundred thousand dollars is not that much for someone who's flying out to Deer
01:30:20.420
Valley on a private jet and has sixty five thousand dollar necklace on while not to mention
01:30:24.400
the two thousand dollar shoes and so on while she's out in this court and subjecting her
01:30:27.820
children to taking depositions, her husband like she's in it.
01:30:35.360
And similar to what you said, Mark, like, why didn't this settle?
01:30:38.520
And the only thing I can think of is one of them had to be unreasonable.
01:30:43.920
So either her camp said, we're not going to pay it.
01:30:45.980
We're not even going to pay nuisance value to make this go away.
01:30:49.520
Or the other side said, we're not going to settle for nuisance value.
01:30:52.860
And I'm more inclined to think because of the celebrity factor, it would be, you know,
01:30:57.640
the plaintiff side claiming I might as well go all the way.
01:31:01.660
I get to spend, you know, five days sitting next to Gwyneth Paltrow in a courtroom while
01:31:06.500
she looks like she'd rather be eating ground glass.
01:31:14.200
There was a judge here in L.A. who once said he was head of the mediation practice in L.A.
01:31:19.500
And he once said that a trial is basically to determine who the asshole is.
01:31:28.860
So Gwyneth, we've talked a little bit about her fashion.
01:31:31.660
She made news at the top of the trial, which was my favorite news of the week, I have to
01:31:35.060
say, where they she wore these glasses, which I love when the Internet does this.
01:31:41.300
Somebody remembers what this look reminds them of.
01:31:45.500
What it reminded them of was serial killer and cannibal Jeffrey Dahmer.
01:31:56.980
We got to do the side by side where you can see them together.
01:32:03.540
I think that was a mistake with those glasses and that look.
01:32:06.560
But Jonna, one of the reasons why people don't like Gwyneth and why it wasn't cut glass.
01:32:11.900
She was thinking about eating, making those faces.
01:32:13.700
It was her normal diet of bone broth is because of sound bites like this, which hit the Internet
01:32:18.520
Her sharing her wellness routine on the art of being well podcast.
01:32:31.820
I usually eat something about 12 and in the morning I'll have some things that won't spike
01:32:39.980
So I have coffee, but I really like soup for lunch.
01:32:48.360
So I'll either take a walk or I'll do Pilates or I'll do my Tracy Anderson.
01:32:59.440
And then for dinner, I try to eat, you know, according to paleo.
01:33:04.820
It's really important for me to support my detox.
01:33:16.000
I do that every day when I'm not a nurse in a hangover.
01:33:22.380
She created a candle that she said was vagina scented.
01:33:26.120
So why should we really want to emulate her daily routine?
01:33:32.320
It's like, oh, you know, I get up every morning.
01:33:50.320
How did you get a sandwich beat between you two and talk about vagina scented?
01:34:00.340
So she did have a moment of being out of touch or so it would seem.
01:34:04.360
So it sounded to many when she talked about why she's suing for $1.
01:34:22.300
And he has deterred you from enjoying the rest of what was a very expensive vacation.
01:34:35.160
And I think that's, that's what your counsel has argued as well, that you lost, you had
01:34:43.820
a full day pass, but you can only ski a half a day.
01:34:50.680
And that's when you had lunch and you got a massage.
01:34:59.640
Lost half a day of skiing and had to get a massage.
01:35:07.560
That, that kind of sums up her problem with this jury.
01:35:10.180
Um, all right, before we go quickly predictions on how it's going to come out, Mark.
01:35:14.940
I just think it's got to be a pox on both their houses, which would be maybe award each
01:35:27.880
I think they're not going to, they're going to not believe either one of them and it's going
01:35:32.900
I think he wins, but they give him almost nothing.
01:35:37.820
He's been such a hot mess, but she's also not likable.
01:35:40.520
So she could definitely walk away with a victory.
01:35:42.260
It's not one of those cases where I feel like, oh, 100% is going to go this way or the other.
01:35:45.920
But I just feel like there's zero chance he's getting $300,000.
01:36:00.860
Family Annihilators, Murdoch, the Chris Watts case, and this other case that I've been obsessed