Menendez Brothers’ Fate, Dark Past of Baby Emmanuel's Dad, Adelson Trial Takes Shape, Entitled "AG" Arrested - "MK True Crime"

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Welcome to the Megan Kelly Show, live on SiriusXM Channel 111 every weekday at Noon East.

Hey, everyone, I'm Megan Kelly, and today I want to bring you an episode of our newest MK Media Podcast Network show, MK True Crime.

You're going to love it.

Check it out.

Go ahead and subscribe on YouTube and wherever you get your podcast now.

Just type in MK True Crime in the the search bar and you will find it and you will love it.

Here you go.

Welcome to MK True Crime.

I'm Jonas Bilbo, your host today.

I'm a criminal defense attorney and founding attorney of Jonas Bilbo Law.

Here's what's on the docket.

The Menendez Brothers parole hearing started on Thursday, the day of this taping, with Eric Menendez up before the parole board first.

We will likely know his outcome by the time this show airs.

Emmanuel Harrow, a seven-month-old baby from California, has now been missing for over a week.

We'll bring you the disturbing new revelations about his parents.

Donna Adelson's trial gets underway for the murder of son-in-law Dan Markell.

And Brian Kohlberger files a what?

A sexual harassment claim in prison and more.

I am joined by a fabulous team, MK true crime contributors mark garagos he needs no introduction but he is a criminal defense attorney and dave ahrenberg former state attorney from palm beach county florida and managing partner at dave ahrenberg law we are going to kick things off with the menendez brothers and how lucky are we that we have mark garages in studio today the man with a lot of inside information mark will you tell us what's going on in there because you actually took a break from the hearing to join us today.

So bring us up to speed.

So the hearing is going on, started after a little bit of legal skirmishing this morning at around 8.30 Pacific.

Shortly after 9, it started.

And basically what a parole hearing looks like, this is tracking almost exactly.

You've got a couple of parole commissioners is what they call them.

Eric is present from remotely from San Diego, from the R.J.

Donovan prison.

Heidi Rummel, the one lawyer that we have doing the hearing, is there present, along with Habib Balian, who's the DA present.

Nathan Hockman apparently tried mightily

to monitor this and was not allowed to do so.

And there is an LA Times reporter that is squirreled away somewhere in the CDRC named James Queley, who is covering this, but is embargoed until after the hearing.

So this is not going to drop until after the hearing.

I will tell you that what normally would happen is exactly what is happening, which is the commissioners go through and have a conversation with Eric.

They are asking Eric about the crime.

They are asking Eric about the sexual abuse.

They're asking Eric about things that questions, so to speak, that a lot of people in the public might have anyway about the crime.

What did you do afterwards?

Why did you have to do this?

Why did you have to do that?

They are not softball questions.

It is, I think you can characterize it as a grilling.

And what will end up happening is they will go all the way through the crime itself.

which I can tell you as we're taping this, it appears that they have done.

And then they will focus on what has happened in the prison since that time.

And yesterday, we're taping this on the 21st, yesterday, August 20th, was 36 years to the day from the crime.

36 years, if you can believe it.

And they have been in custody since then.

And I will prognosticate that they will go through every,

all the minutia

of that 30 some odd years that they've been in the prison.

Because remember, they were in the L.A.

County jail.

Not only were their two trials sandwiched between the OJ trial, and that's always been my argument, that the second trial started eight days after O.J.'s acquittal.

And so that's why you saw the judge do all the things that he shenanigans that he did.

But remember, while they were waiting during those two trials, they were in the L.A.

County Jail where O.J.

was.

In fact, there's a lot of people who tell the story that

Leslie Abramson was responsible for Johnny Cochran

representing O.J.

and Leslie, of course, was

the lawyer for Eric Menendez, both in trials one and two.

We will have, by the time this drops, a decision, because at the end of the hearing, when they've finished asking all the questions, the victims will all weigh in.

This is one of those incredibly unicorn-like situations where all of the relatives of the defendant are also the victims, and they are uniformly asking that they be released.

The two, you'll get closing statements and then they'll retire.

The two commissioners will actually deliberate and announce their decision today.

That's incredible.

Can we read the tea leaves?

Because I think there is a, there's a buzz, and correct me if I'm wrong.

I think the buzz is on the side.

of the brothers.

Is that correct?

Has anything changed?

And did you, are you a fly on the wall in there?

Or did you get to prepare them?

Tell us what's your feeling.

Look, my feeling is if anybody ever deserved to be paroled, it would be these two.

I have been down to R.J.

Donovan.

I have seen the hospice program.

I've told people, I watched Lyle graduate in the first class that was UC, University of California, Irvine, in conjunction with the Department of Corrections for a graduate degree, Bachelor of Arts in Sociology.

It was, I watched that class of 22, and I watched the

valedictorian.

it was not Lyle, but

saw a kid, a young kid who was there as a third grader, illegal alien, as you say, they want to be called, give that,

basically grew up in prison.

And I've watched and interacted with these people.

I've seen the murals.

I've seen Lyle's Green Space Project.

You watch the hospice program, which is very much moving.

You know, here in California, we were on the vanguard in the 90s of lock them all up.

Well, one of the things about locking up all of this young population is they age.

And by now, they are truly an aging elderly population in the prison.

And Eric's hospice program deals with that.

So, yeah, they really did some pretty remarkable things behind bars.

And they've had three decades to do that.

I get it.

But after today, the cases, once both hearings are done, the cases are going to land on Governor Newsom's desk, if I'm correct.

And I think we have a SOT, if we could play SAT zero.

He's giving a statement to a reporter in his pure GQ fashion.

Let's take a look at that.

We're just a few weeks away, August 21st and 2nd,

I think, where the parole board is going to make a decision and make a recommendation that lands on my desk.

Right.

Mr.

Murphy.

That's heavy stuff.

It's heavy stuff.

And you know what?

Intentionally, and I remember that conversation with you.

I I remember going back and I kept having a temptation to want to see it, but with the recognition always in the back of my mind that this thing may land on my desk.

I don't want to be persuaded

by something

that's not in the files.

Yeah, I get that.

Guys, I apologize.

He was speaking to Ryan Murphy, who was the creator of the Netflix series Monsters, the Lyle, and Eric Menendez story.

But still, what do you think, Mark?

You think he's going to rubber stamp this a go?

Well, I've had my issues with Governor Newsom

on parolees and getting

favorable rulings and him reversing it in the past.

I have about as good a feeling as one can have, having said that, that if they get the ruling they deserve, that he's not going to stand in the way.

In fact, I would probably urge him, and this is a nuance maybe you guys can appreciate.

We also have a live habeas.

If they get parole, that habeas is still

alive, so to speak.

If he grants clemency, meaning he just says, that's it, you're not under state control anymore, that habeas...

arguably goes away.

So it'll be very interesting to see what he does in the event that we get the ruling we think we deserve and that he says, I don't need to wait the 120 days.

I'm convinced at this point because I think that's what will happen.

Yeah, it doesn't sound like he's going to take a whole lot of time.

Dave, you've been following the case too.

Do you think these guys have a good chance at, I don't know, what are they going to do for a living when they get sprung if they get sprung?

Oh, they'll make lots of money.

First off, they've got a great lawyer, Mark Garagos.

And I have a lot of respect for my friend Mark.

We just happen to be on different sides of this.

I was just going to say that is, by the way, that's the, that's the, I'm about to bend you over, Mark, and kick you in the head.

So oh man, I remember when these guys were on trial and their lawyer dressed them in that, in those sweaters to make themselves look so angelic.

Meanwhile, they had such brutal, they committed such brutal murders that law enforcement at the time thought it was a mob hit.

There was so much blood on the scene.

They, they shot Kitty.

10 times.

They had to go outside and reload the shotgun because she was crawling away and they wanted to finish her off and then shot her in the head.

And then they went on a shopping spree, a spending spree.

You can see them on the back of Mark Jackson's NBA card.

He's dribbling in the back.

There they are in the front row seats of the Knicks.

So I guess people grieve in different ways.

But well,

let me disabuse you, Dave, of a couple of things.

First of all, the Mark Jackson card, I don't believe is them, although it does kind of look like them.

I'll give you that.

Number two, the grand jury here twice rejected, and you know how hard that is, twice rejected the financial motive.

And number three, I've always said about the why kitty, besides the fact that that shows that there's a whole lot of rage there, Eric has testified, by the way, and Lyle is the one who testified about going out to reload.

Nobody would know that but for Lyle's testimony in trial number one.

And number three, doesn't that, or number four, doesn't that speak to the amount of rage they had and I think corroborate Eric, who said he had found out that his mother was protecting his father all this time, which we now know from the resentencing earlier this year, she was also the enforcer of the hallway rule.

And Dave, I don't know about you, but I know if somebody was saying, I'm down the hall with my sons, and the wife is saying, You can't go down the hall, and I'm enforcing that rule, that would be incredibly peculiar to me and be an earmark or a red flag for something is going on.

Then you, you know, part, and I mentioned the habeas, then you layer over that.

The Roy Rosello declaration from Menudo, who says, Jose raped me also and felt safe enough to do it in his house.

I think when you look at all of that

and you've got the clear pronouncement in the law that re-sentencing is appropriate, which the judge found even in spite of our elected DA kind of throwing a hissy fit,

if there was ever anybody who should be out, it should be Eric and Lyle.

Well, that sounds like.

Yeah, go ahead, Jonna.

I was going to say, that sounds like the arguments that are probably all within the habeas.

Yes.

Yeah, in the habeas, you've got that, and then you've got this other kind of tragic piece of evidence, which was Eric's letter to his cousin Andy, who testified in the first trial.

And it was eight months before the killings.

And he talks about how disturbed he was by his dad coming in and making him do it again and how

it's a hard thing for him to

kind of keep or secret to keep and everything else.

I think, and by the way, the DA threw all of the Dave, he wasn't as articulate as Ehrenberg, but

apologies to Habib and to Seth, who were the deputies who filed it, but they threw all of that at Judge Ryan already, once in response to the informal, twice in response to the formal request.

And still,

there's an order out there that we made a prima facie case.

So they're worried.

I mean, the DA's office is worried and rightfully so that the conviction is at risk.

Oh,

I think they're going to get out early.

There's too much momentum.

They've got great lawyers, meaning Mark Garagos and team.

Also, it's nice to have Kim Kardashian and Netflix on your side.

I mean, there's a lot of momentum here, and that's why they're going to make lots of money when they get out, which is another reason why I don't think they should.

But here's the thing about the sex abuse.

Yeah, there is some evidence, the menudo letter, the cousin letter that maybe there was with Jose.

Although, keep in mind, the stories changed.

Eric and Lyle weren't consistent that there was sex abuse.

In fact, after the murders, Eric confessed to his therapist, the guy, and you know this, Mark, Jerome Oziel, that he had killed his parents out of a desire to be free from his controlling father and his father's high standards, but not because of abuse.

So the stories changed over time.

And so, and then it doesn't,

to me,

change the fact that they murdered Kitty, who maybe was an enabler.

She was married to a guy who was cheating on her, who was a pretty bad husband and father.

And she had her own issues and mental health issues, but did she deserve to be murdered in the way that she did?

They were both apparently sitting on their couch with their backs turned, watching TV, eating ice cream.

So I think there are some crimes that should fulfill the destiny of life in prison.

Life in prison means life in prison.

And there are a lot of people in prison right now who were probably just as good, just as model of a prisoner who did a lot less and they're not getting out.

Well, actually, we put on it, the re-sentencing, we put on X Rated, who's one of my favorite names, if not witnesses.

And X Rated testified that he went to Menendez University and turned his life around and spent a lot less time on a murder case and was released.

And he was a very compelling witness, number one.

And since that time, he's posted pictures of him with his children and the fact that the Menendez brothers were instrumental in him turning his life around.

And by the way,

just to respond to some of those things, you know, when people say, what about Kitty?

You know what?

My response is, I've never had a case, actually one case,

murder case, where the victim's family was fully in support of my client.

Well, in this case, you not only have all of the victim's family in support, you've got Jose's older sister, Terry, and you've got Kitty's older sister, Joan, both of whom are hanging on with extreme health challenges because all they want in life is to have these boys out, the brothers out, I always call them the boys because like Dave, I was much younger when this went on.

But

the fact that the two sisters, who are the ones who have the position, and especially Kitty, Joan was, she was so much older than Kitty that she almost testified under oath that she had almost a maternal role in her life.

that if they're saying we want them out, they've made amends and I've forgiven them, then who are we?

Whose interest are we vindicating at this point when we argue, no, keep them in, lock them up for life?

And by the way, Judge Jessick, who gave them and re-sentenced them and gave them this opportunity back in May, he heard all of this stuff.

He heard hours and hours of the DAs talking about this.

And ironically, one of those DAs, who will remain nameless because I consider him a friend and I don't want to slam him, is now in the sex unit.

And I told him, and I said on the record, and I probably shouldn't have, I would take his next

defense case pro bono because I want to be there to remind the jury that the DA's office is prosecuting cases where victims of sex crimes stories change over time, and yet this DA's office is saying if you don't testify perfectly when you're the victim, that you should be disregarded, which is a first cousin of Dave's argument.

So I tend to be a lot more forgiving in these kinds of situations.

And I think this is a unicorn and they should be out.

And anybody else similarly situated, the fame cuts both ways, would have been out by now.

I think the family support is going to be a huge factor for the parole board.

I also, I'm willing to bet five bucks they're getting out.

And I'm not going to be offended by it.

I'm kind of in your camp.

But we're going to pivot now to

what I think is going to amount to be a really horrible case, the case of missing baby Emmanuel Harrow, who's now been missing for, what are we up to?

Over a week at this point.

You guys might know, oh, gosh, this poor kid, he's seven months old, right?

Look at him.

There's his picture.

He just disappears.

Apparently, according to the mother, she was changing his diaper in a parking lot because I guess that's that's what you do from time to time.

Somebody approached her, said Ola.

hit her over the head knocks her out when she comes to her baby's gone.

Let's hear it straight from her mouth for a minute.

Let's run.

I think it's sot

one.

I got him out of the car seat

and I laid him down and so I could get his diapers ready.

And somebody said, Olan, that's all I remember.

And I saw white.

And here he said, I fell on the floor.

And I said, as I got up, I couldn't find my son.

I checked it all around my truck.

And I ran into Big Five.

And I asked the lady if she saw a baby or someone with a baby.

She said, no, it was happy boy.

He smiled.

Mackenzie loved to kiss him.

Dave,

do you believe that?

Are these crocodile tears real tears?

What do you think?

I don't believe her.

And I think her shiner under her eye gives it away because according to witnesses who have posted on social media she showed up with that shiner before there was the incident that didn't apparently exist although maybe

and also she was not with her child so this is someone who i think is acting and that's just my belief based on what i saw also it reminds me of susan smith 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 and then turned out she was the one who drove them into the body of water here.

She puts in a little bit of the ola, so you put that out there into the body public to poison the well.

And so, no, I think the walls are closing in on her and her husband.

And there is obviously not an indictment, not a charge yet.

We are speculating, but the evidence doesn't look good.

They have lawyered up apparently.

And when people are trying to help them find their children, the father has told these individuals that they are trespassing.

That's not how people would act if they were innocent.

That's not how people would act if they really cared about the well-being of their children, especially one last point when you have the father who has a past of beating up a toddler.

Yeah, I'm glad you brought that up.

And interestingly, I also thought about the Susan Smith case and the Harmony Montgomery case when I was reading about this one.

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.

I don't know why the father's not in jail, number one, but you mentioned he was trying to shoo-shoo away

bystanders who wanted to help look for the child.

Can we roll sat two?

You are here right in front of the home.

Hey, are you Jake?

You guys are trespassing.

I'm sorry, Kate.

That's fine.

I just wanted to see if we could help you in any way.

Talk to you about what happened.

Oh, you guys are trespassing.

Okay.

That's not a problem.

Thank you, Jake.

Thank you.

Appreciate it.

All right, guys.

He will refuse to talk.

But there you go.

You heard Jake?

He clams up and refuses to talk.

But at least he opened the door.

Mark, this guy pleaded guilty to willful child cruelty back in 2018, and now he doesn't want any help looking for his missing seven-month-old.

What do you make of it?

You know, a hat tip to Megan

Kelly, former lawyer and investigator extraordinaire.

At her behest, I had somebody look at a file out here in California.

and I will tell you, I won't step on any of it.

I will tell you, if I represented him,

I would not have had him answering the door.

There are some rather, if you're, I can tell you right now, having looked at a civil file involving this gentleman,

the police have already got enough probable cause, in my opinion,

to take the next step.

In addition to that, there was a restraining order

against him recently that was denied, but some of the allegations connected to that are extremely disturbing.

And if he is not good for this, if in fact the story is true, he's going to have every incentive in the world to want to find out who really did this, because I'm going to tell you

his history.

history and I know you're not supposed to normally look at all that but his history is extremely troubling for something like this especially given what you cited or actually it was Dave the black and blue mark the missing the story beforehand

if you take a look at this civil file which my partner just did this morning

I think there's going to be some revelations that are going to that are going to have the people worked up into a feeding frenzy.

So if you're this guy, you want your kid found and found immediately and somebody else to be the perpetrator.

Yeah, I, you know, look, I'm a criminal defense attorney too, but this story stinks.

I don't believe it.

I don't believe their affect.

I don't believe their words.

I don't believe.

anything about it.

So I won't be surprised when somebody gets and probably both parents could get indicted in the not too distant future, But we're going to move on yet again because there's so much.

This is an amazing docket we have going on today because next we have jury selection, which I think is going to wrap up very soon in the case against Donna Adelson and your neck of the words.

Your neck of the words, your neck of the woods, Dave.

And you also have a pretty personal connection to this case because the vicinity case was Dan Markel was a friend of yours.

Yeah, Danny was a great guy.

When I was a state senator, I knew him in Tallahassee.

He was a law professor.

He also went to Harvard Law School.

And instead of making the big money out there in the private world, he went and became a law professor in a smallish town because he cared deeply about students.

And he was a prominent professor nationally.

He got well known for his writings and he loved his children so much.

And it was his love for his children that led to his demise, his targeted murder, because he refused in a child custody dispute with his ex-wife to give up custody to allow the kids to move from Tallahassee all the way down eight hours away to South Florida, where the in-laws wanted the kids.

They even bribed him, said, We'll give you a million dollars if you allow it.

But he cared more about being with his children than the money.

And then eventually, the family,

because the son Charlie is now in prison for it, the family had him killed.

And now Donna's day of reckoning is upon us.

It's upon us.

us and i don't know it's not looking good for her either especially since we know she tried to leave with a one-way ticket to vietnam because she needed some r r not exactly the place i think of if i want you know a spa day and also i have so many questions about this case and i don't know if it'll come up in the trial but um the why isn't wendy uh adelson charged with anything the actual mother of these children who she wanted to abscond to Southern Florida.

Next, Koberger and Adelson.

If you have any questions or comments for us, you can now email mktruecrime at devilmakecaremedia.com.

We would love to hear from you.

Don't go away.

We'll be right back.

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Okay, welcome back.

We are actually going to continue first with a little more on Donna Edelson because as you know, that trial is about to start any day now.

We thought it might start later this afternoon, but that's probably not going to happen.

They are in the middle of jury selection in that case.

And I have to remind everybody that Donald Adelson, who is the mother of Wendy and Charlie, she's 75 years old.

So wouldn't you know the prosecutor in this case was asking the jury whether or not they would be okay with convicting a grandma.

Let's run that

6A.

Can it look like your grandmother?

My young people?

Number five.

Can a killer look like a granny?

I mean,

it's all you're in picture, but like anyone who's capable of like has the capacity to kill someone.

You could keep an open mind to the possibility that a grandmother

could be a killer.

Well,

I have a question, Dave.

Since you're down there, you're a friend, you're in the mix.

I heard something.

I can be completely wrong.

And that's why I want you to educate me.

Was she offered a time-served deal?

There was a rumor recently that the prosecutors offered Donna time-serve, meaning you can walk free if you turn on Wendy, you testify against Wendy.

The prosecutors came out right afterwards to say that is not true.

But they didn't deny there was a plea offered me.

They just said that what you heard is not true.

So, no, I don't think they'll let her walk in exchange for giving up Wendy.

But by the way, Donna is not giving up Wendy anyways.

The thing that Donna cares most about in the world are her grandkids.

And she gives up Wendy.

Well, there goes the mother and the father.

And she's also, in my mind, such a narcissist that she believes she did nothing wrong, just like her son, who also tried to convince the jury by taking the stand and coming up with this ridiculous double extortion scheme, this defense, double extortion, which we can get into.

But the jury rejected it outright.

And I think that's going to be Donna's fate as well.

And I'm looking forward to it.

Does Dave Ehrenberg Law, do they do criminal defense?

Yes, actually do, which is funny because here I am.

I'm still, I've been a prosecutor for the past.

I was just going to say,

I have an expression for guys like you.

You never left the office.

And

I tease you because you were a hell of of a prosecutor, and it's great that you're not in the office anymore.

But having said that,

my father, who was my hero and was a prosecutor for many years before he came to his senses and started doing criminal defense, he used to say when they offer you low-term state prison, they basically know their case is not very good.

When they offer you county jail, they know they don't have a case.

And when they offer you time served, you're factually innocent.

So I'll just leave it to him.

You know, I like that theory, but I got to disagree.

I don't think Donna Adelson has a prayer of a not guilty.

I mean, it's just too, the thing I keep hearkening back to is this is what I don't understand in this case.

Wendy's not indicted, nothing.

She's just out floating around out there.

Why would a granny and her son concoct this plan to stop the children from being with their father without the involvement of the children's mother.

I just, to me, I don't understand why aren't they protecting her if they aren't there wiretaps or phones tapped in this case?

I know they had some conversations from jail.

They had

there I suspect, to call me a cynic, I suspect that there is evidence that if they brought charges against her, would end up backfiring on them.

I hate to be the cynic when it comes to prosecutors.

I think otherwise, if you're a prosecutor, like the ones I deal with with great frequency, the way to get a plea out of Donna Adelson was indict or file on both of them, the mother and the daughter, because the only difference between a prosecutor and a mob boss is that the mob bosses spare the women and children.

In defense of Georgia Kapelman, who you heard in that great void,

and who's done a great job in this case, by going one after the next, they've been able to develop new evidence.

So, for example, the reason why they've got Donna, I think, is because they have that incredible circumstantial evidence, consciousness of guilt that she was trying to flee on the one-way ticket to a non-extraditable country, Vietnam.

And they even have that video, and that's going to be so damning.

And the only reason why they had that was because they first got her son, who was found guilty and then sentenced to life in prison.

That is what led Donna to flee.

And I suspect when they got Donna's phone because of that arrest, they got other damning evidence that could be used against Wendy.

So if Donna is convicted, I do think Wendy is next.

And here's the video of her.

She was about to board the plane.

She was literally on the skywalk to the airplane when the cops got her because someone told them that she was about to flee and got her just in time.

Just in time.

And I know we're going to be talking about this case a lot more when the actual trial kicks off.

so we're going to pivot again and talk about brian koberger but this is this is a little unusual brian koberger has been in prison now not very i mean he's been in jail but now he's in prison and he wasn't there very long before he filed a sexual harassment complaint now look prison is prison And as one of the victim's sisters, you know, plainly said during his sentencing hearing, you know, don't drop the soap,

you know, basically.

And here he is complaining that he's getting harassed in prison.

Mark, take this one.

What do you think?

Does he have a shot at getting moved from sexual harassment?

He's obviously not listening to his lawyer's advice, wouldn't you say?

I mean, there's the, this is not a, this is not a way I sometimes tell clients this, this is not a winning strategy.

I'll leave it at that.

Yeah.

And they always, Dave, I mean, we know people, he's starting early.

He's going to be in prison for the rest of his natural life.

My prediction is he's going to die in prison, obviously, and it won't be of old age.

He's not going to do well there.

But, you know, we see prisoners all the time.

They write these weird motions on the toilet paper and they try to file them and they usually go nowhere.

What do you think about this one?

This guy's trash.

You know, you see him with his red hands in the video.

We saw of him behind bars, that surreptitious video.

And that's because he washes his hands like 100 times a day to the point where he irritates his hands.

He's got like OCD for this stuff.

So he's all in the cleanliness.

That doesn't jive well in a prison setting.

I mean, here's a guy who's going to complain perhaps at mealtime because the fish isn't fresh.

He is going to complain to the warden, but every little thing, which actually I sort of like because I do think he got off easy.

I thought that he should have faced the death penalty.

If he doesn't face a death penalty, then who does?

Who deserves it then?

So yeah, in that sense, I'm not going to shed any tears for this sociopath wannabe serial killer.

Yeah, me neither.

But just as an homage to the victim's family, can we just run thought nine?

Because it's a classic.

Quick message from our youngest daughter.

She probably 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.

Thank you.

People are clapping.

They're clapping.

You know what?

I'm glad she sounded off the way she did.

And

I don't blame her one bit.

And all right, so

let's move on to our next case, which is, oh, it doesn't involve murder, so that's good.

Kevin Costner, though.

Kevin Costner has filed a motion to dismiss in a case that was filed against him.

And again, now this one smacks of the recent Blake Lively versus Bell Doni.

Like there's a problem on set, apparently.

Mark may know a whole more about this than I do.

But Kevin Costers 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.

Mark, take this one away.

Well,

I don't know about this.

I have so many issues with this.

I'm not so sure I buy

how this is being kind of spun, so to speak.

And by the way, at its core, all of this is about spinning and something that happens quite a bit.

So

count me in the doubtful camp.

You know, it's weird, Dave, because we're still, the case against Baldoni and Blake Lightning and the back and forth that they have was the first time I really heard of A, an intimacy coordinator.

I didn't know that that was a thing, but apparently it is.

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 Debin LaBella.

She was a stunt woman for Ella Hunt on set of this movie.

Don't you know, like you read the scripts, you know what's going on, you sign on the dotted line.

Why do you then get to complain for doing your job?

Well, she's maintaining that the actor went too far.

Not Costner, but whoever was filming that rape scene with her.

And it wasn't even a scene that was on camera.

This was in preparation for the

pre-scene, I guess.

It gets a little confusing, but I'm with Mark on this one.

See, we can agree on something here today.

I'm a little skeptical because these movies have these paid intimacy coordinators.

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.

So, the fact that she is now raising it as a she said, he said, with no evidence other than her own words, and apparently, Kevin Costner is coming up with photos and documentation that shows otherwise.

Yeah, I'm not so sure that she's going to win on this one.

And just to make it clear, although we're a true crime show, this is not a criminal trial.

This is a charge, an allegation, a tort for a civil court not criminal

what do you think real quickly

i've known kevin costner for i countless years in fact he used to live around the corner the the the the i just from a personal standpoint makes zero sense so i'm just gonna give my own personal uh view here so real quick mark what do you think though about the text messages that she sent uh devin la bella sent after she rapped you know had a wonderful time thanks Thanks for the experience.

How much weight do you think they'll hold?

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, my girlfriends told me this, my boyfriends told me this.

But when you have to face your real-time text messages, there's something really compelling about that.

And

how 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 i i just think people people have kind of moved past that uh as of late yeah you know

believe the words right believe the words exactly

believe the evidence yeah exactly so we're going to take another quick break but when we come back it's really my favorite story of the day um 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, when we come back, don't go away.

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Up now.

I'm an AG.

You guys have heard about this story.

An AG, an assistant AG from the great state of Rhode Island was arrested for trespassing.

Now, we've got to kind of figure out what happened behind the scenes here, but before we do that, let's just roll the best video of the day.

I want you to turn the body cam off.

Protocol is like to turn it off.

If the citizen requests it to turn it off, she will.

So they want you guys to leave?

Yes, we have.

Let's just leave.

Let's just make it easy, okay?

We're going to make it easy.

I am.

Okay.

I'm her husband.

That's the point.

Can you open me?

We'll talk over here, okay?

Your protocol is.

Can we all talk?

Can we all talk?

Talk over here.

They want you to leave.

Your protocol is.

Can we talk?

You guys just want them out?

Do you want them to trespass?

Anything we can do.

Trespass, yeah.

I just need trespass, get him out.

Please.

And if I ask you to turn off the body cam, you have to turn it off.

And that's your protocol.

She's a lawyer, so she knows.

Well, that's lawyer stuff, so that's not true.

So we gotta go.

No, it is.

That's the law.

I'm an AG.

I'm an AG.

Good for you.

I don't give a.

Let's go.

We're going.

Excuse me.

We're leaving.

Please don't put your hands off.

Can you get your children out of here?

Like, I don't know why that's not.

I'm sorry, what?

Don't detain me.

I'm an AG.

I'm an AG.

I'm an AG.

What do you, what, what are your problems?

What are your problem with us to detain me for?

You're being detained because you're not leaving.

Because I'm wrong.

You have problem.

You have to leave.

You relax.

Sir, sir.

She's not doing anything wrong.

AG.

She's not leaving.

I'm an AG.

She's an AG.

Buddy, you're going to regret this.

You're going to regret it.

Oh, yeah.

I'm sorry.

It's not really funny, but it's.

It is funny.

Come on.

It is funny.

I'm an AG.

I'm going to start going around going, I'm an OG.

I'm an OG.

But you know what I love about this?

And I have a...

I love Rhode Island, by the way.

I have many friends there.

I've spent time there.

I've got a Rhode Island Barn lawyer in my office.

And I'm now thinking that if she leaves the AG's office, I want her to head my Rhode Island office because she looks like she's a lot of fun.

I don't know that many prosecutors.

You know, back when I was drinking, this is somebody I would have liked to spend some time with.

I'm so glad you mentioned that because I actually think she's going to be fired from the AG's office.

And I think she probably

should be.

And here's the reason why.

Look, you're going to go out and get drunk.

I get it.

But what happened inside that restaurant that made the the restaurant call the police and press charges for trespassing like what could have possibly happened in there and when she told the cop you're gonna regret this that's where i think she drew a line dave dave are you gonna hire her you're gonna hire her when she gets fired from the ag's office Police, let me tell you this.

First, I don't know if she ever made it into the restaurant.

Not sure yet.

She just might have been commiserating outside.

But bottom line is this.

She's not an AG.

She is not an AG because i worked for the ag on three separate occasions uh you're an assistant attorney general if you work for the ag she's a special assistant attorney general she should have said i'm an s a ag that would have been actually accurate in fact she's not a prosecutor can you imagine at that blood alcohol level her having to say i'm a special assistant ag that would have been a field sobriety test in and of itself I mean, the one thing she is not is the boss.

You have to get elected.

I know, because I ran for AG in Florida and lost to a woman named Pam Bondi.

You've heard of her.

And never once did I ever say, I'm an AG.

No, no, you have to win the election first.

So she didn't win the election.

And this woman is not a prosecutor also in court.

She is an appellate prosecutor, meaning she does the appeals.

She doesn't actually see trial court judges, which is a paper push by.

What is that?

A paper pusher.

I have a lot of respect for my appellate prosecutors in my old office, but this perhaps is why she did not understand the rules on body cams that it's okay.

And it's bad.

In fact, they have to keep their body camera on in a situation like this, unless the victim says turned it off, unless there's a domestic violence situation.

So this woman was wrong on the law, wrong on her title, a complete embarrassment to our entire profession.

And yes, I know, Mark, I just slipped and said our entire profession, because I still do believe I'm there.

Oh my God.

I was going to say, you can't, you got to leave the office at some point.

But by the way, when she leaves the office, she looks like a whole lot of fun.

So

I'm here for you well i i guess she will be happy to know what is her name by the way does anybody know her name let's give her a shout out she's the greatest yes thank you uh devin flanagan she i'm glad she's gonna probably be sending you a resume because you know She's going to need to, I think, very soon.

She's not an AG.

She's an AGG DWI.

That's aggravated DWI.

If she's not a 0.15, I'll eat my shoe in Macy's window.

She really embarrassed herself there.

And

since we're on this, I would like to, if you don't mind, let me kick off the 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.

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.

And I know that she was practicing for seven years, but let me harken back.

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.

You don't know shit about shit.

at that point.

Law school does not teach you how to be a lawyer.

Lawyering teaches you how to be a lawyer.

And if you want to be a great lawyer, you need to be a good person.

What does that mean?

That means you have to be a good person, whether you are at the grocery store, pumping gas, watching your kids' soccer game.

You are a lawyer all of those times, not just when you're in the office.

And certainly you're a lawyer even when you're at a bar, slamming back some cosmopolitans and talking down to the police officers.

That is no way to make your name or your way in our profession.

Be a good person.

You work on being a great lawyer.

That's the only way to do it.

It's not a nine to five.

That is my rant on that.

And I believe, Dave, you got something you want to rant about?

Yes, let's get back to the Adelson case.

Now, I said I'd talk about this alleged extortion.

plot.

That's going to be her defense.

She's going to say that the reason why her money got in the hands of the hitmen was because the hitmen then were trying to extort her son and thus her into paying them.

Now, there are so many issues with that.

Number one, first off, the money that was handed over to the hitman was washed, literally washed.

It was moldy and wet because somehow in her mind, this amateur crook, she believed that money laundering should be taken literally.

Okay, 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, when they bumped into her and they tried to get money out of her.

And that's when it all put everything in motion.

They recorded Donna's immediate phone call.

It was to her son, not to police.

It was to her son saying this involves the two of us.

And then they talked in code and they used the term TV to describe the murder.

And so here's the big question.

Now, she supposedly was scared of the extorters who were from the Latin Kings.

Mark Garrigo, have you ever heard of the Latin kings engaging in wiretaps?

Is that something they're good at?

Let me tell you, the Latin Kings may be proficient in a lot of things.

Undercover surveillance is not one of them.

Do I have to respond to this or can I do a rant on a different subject?

You can do a rant on anything you want.

You're Mark Darrego's.

Well, you know, the rant I'll do today

is really about the presumption of innocence.

Even though we do these things and we love to go into the true crime,

down the true crime well, I always, I think that 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.

I'm the first guy who loves a good conspiracy.

I'm the first guy who tries to tie all the dots together.

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.

And so I just say every once in a while, take a little

reality check, if you will.

And I'll end with, I'm an OG, not an AG, and I love being on with you two.

And the feelings mutual.

That was great, you guys.

I want to thank everybody for joining us today at MK True Crime.

And don't forget to tell us what you think of the show or if you have any stories you want us to cover.

If you just want to chat, you can email us at mktruecrime at maycaremedia.com.

The next show drops Wednesday.

See you then, guys.

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