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good day crime talk offici AOS let's get straight to the docket today first I told you the defense is trying to cut a deal in the uh case of Brian koberger Karen Reed's attorneys continue to battle for a dismissal in her case Ashley Benfield gets to find out where she gets to reside during her appeal a man gets 475 years for dog fighting and animal cruelty a weird twist in a suspicious death case in Louisiana the teacher of the year in Cali CN takes a plea deal I bet you can guess for what we have this day in legal history and our dumb criminal of the day let's talk about it hi lawyer lawyer lawyer good day Crim talk offici Autos my name is Scott R and this is crime talk thanks for joining us you know the drill subscribe if you haven't like if you do leave me a comment below hit that Bell for notifications and yes you can check us out as well on any of your favorite podcast ing apps and let's talk about Crim talk search.com go there today sign up for that background subscription 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Hearing in the Brian koberger Matter I said I believe that behind the scenes the defense is going into mitigation mode and they're trying to cut a deal and that deal would probably include pleading guilty to all four counts in the Brian coburger case as well as the burglary count in exchange the state would drop the death penalty now you may say Scott what has changed your mind about that now well first we know that there are a couple of things we know obviously Brian cerg is the suspect in the quadruple murder for the University of Idaho students right and we know that he has a trial coming up this spring and summer and we know that the judge has denied many and is going to deny more motions against the defense and so now the defense things are getting ser serious they either have to start seriously going into trial preparation mode and they also are in the mode of trying to cut a deal what is the deal usually in death penalty cases it Sav my client's life that's what the goal is yes you would love to win the case but that is a big big uh table that you have to run to get there very very difficult because the evidence is usually pretty significant if the state feels they're going to go with the death penalty and so how do we know that that could be taking place well we know for a couple of reasons and the first one is obviously first reason being is that I what I just mentioned things are getting serious now but second there is a protective order and a protective order is an agreement or an order by the court saying very limited people and it normally involves the attorneys on both sides and any investigators or professionals engaged in the uh uh case on both sides gets to have access to certain things and that they cannot disseminate that information to any party that's not directly involved in the case so the protective order says You must not reveal this information if you do you can be subject to contempt and what do we know the judge unsealed a protective order in this particular case even though it was originally sealed the judge basically said that there is no compelling basis to keep this protective order in and of itself sealed Now understand the contents of the records of the protective order are going to remain confidential and that's fine but what we do know is these are mental health records that were initially handed over on January 9th of this year almost two months after judge Steven Hitler ruled that Brian cerg can face the death penalty so why would the defense be turning that over once again mitigation here's all the reasons look at my clients mental health history here's issues maybe family has had something's not wired right somebody's broken please consider this take the death penalty off the table or the second reason is defense experts are going to rely upon this and they have to turn this information over to the prosecution because it forms the basis of their opinion whether it's for the defense case and chief or ultimately for mitigation if it gets to sentencing I do believe it is for mitigation purposes we'll have to wait and see like I've said in the past I've only done one death penalty case and frankly we got them to take death off the table so it can be done but it's a mitigation mode you're saying spare my client's life you can't get a death penalty because of all this mitigation so let's just cut to the chase either take it off the table completely or let us plead guilty to to the charges and take the death penalty off the case this is why it's so important for the courts to disclose this information I understand there's a reason to keep certain records private but we should know the world should know what is taking place and then we can figure out what it actually means which is going on in the case the public has a right to know so nice job for the judge allowing this protective order to be unsealed next on the docket Karen Reed's attorneys are continuing to fight to have her case dismissed that's right obviously miss Karen Reed is facing multiple charges including second-degree murder and the death of her boyfriend former Boston police officer John O'Keefe and prosecutors alleged that Miss Reed struck Mr O'Keefe with her car after a night of drinking and let him die in the snow while miss Reed's defense has argued and presented a trial that they believe that uh Miss Reed is Being Framed by Mr O'Keefe's friends former police officers or current police officers themselves and that Mr O'Keefe was attacked by friends and a dog at that home now miss Reed's claims of a cover up were obviously Central to her trial and that trial ended in a mistrial back in July when they could not reach an unanimous verdict even though there was a big brewhaha about the jurors saying no we had reached you know not guilty verdicts on two counts but you guys never asked well the way the jurors were framing it they said we're in we are unable to reach a decision we're in an impass so everybody just thought and nobody bothered to ask if they had reached a verdict on any of the counts and the judge declared a mistri on all counts so they get to do it again again obviously subject to pending issues at the appell at courts as well anyway now the defense and the prosecution have been going at it in some motions hearings over the last several weeks and most of it had to do with expert Witnesses now Reed's attorneys um I wouldn't say they got a win but the judge ruled in their favor that says they're going to allow the defense expert who testified in the first trial a guy by the name of Richard green uh to testify in the second trial at the first trial Mr Green testified that the witness Jennifer McCabe used her phone to search how long to die in the cold although it wasn't spelled that nicely in the uh in the search and anyway that expert says that that search took place at 2:27 a.m. rather than 6:30 a.m. which the prosecution um says fits their theory of the case so despite the special prosecutor uh Hank Brennan's argument saying that uh the opinion of the defense expert is forensic Ally and scientifically unsound the judge said that she was going to allow her ruling to uh stand and that the Mr Green can take the stand the judge said it's clear to me that this issue gives rise to the dispute but it's not a gatekeeper function as to whether it's you know junk science or something to that effect the judge said it is a difference of opinions that needs to be resolved by the jury that's what juries do right I did it no I didn't jury decides who's telling the truth our expert say says this no our expert says this their expert is wrong our expert is Right a jury decides who is telling the truth that's the way the system is to work and I think the Judge made the correct decision in this particular matter now the other issue was a video from the Canton Police Department now this video in question was recorded back in January 29th of 2022 and was introduced at the first trial but was revealed to have been inverted so um M Reed's attorney Mr Allan Jackson accused the prosecution of deliberately withholding portions of that video and they said that you know we've gotten what appears to be scraps and fragments of this video from the Commonwealth uh that they've decided to to give to us um within their own time frame and their defense is asking legitimate questions like why are we getting this video from January of 2022 2 and 1/2 years later why were some of those videos altered or manipulated why are they not in the proper form at still don't have the question special prosecutor hey he says we didn't do anything wrong frankly he wasn't there the first time through but he says that his office has been doing everything they can to uh open up their records uh without hesitation to the defense and therefore no harm no foul anyway apparently like I said this video a new version has come to light because apparently somebody uploaded it to their personal iCloud okay whatever anyway the uh defense attorneys said that the footage is a complete dumpster fire and unfortunately now miss Reed has to pay for all the fire extinguishers which is why they want the defense wants um the prosecution to reimburse them for their attorney's fees and their times and the time of their experts to get this done I don't think that's going to happen but that's just the way it goes now what should really happen if there was some true intent to hide it from the defense is that there should be sanction a discovery violation and that's what the defense is asking for is basically saying this is wrong and we want the case dismissed uh those files those motions need to be filed by um February 21st and there will be a hearing on March 4th now I would remind you why did the Alec Baldwin case get dismissed disc Discovery violation by the prosecution very morphew case why did it get dismissed Discovery violation by the prosecution and we talked about it just the other day two cases in Denver within two days dismissed cases of child abuse result in serious bodily injury as well as assault on a peace officer cases were dismissed prosecution failed to turn over key evidence the defense had asked for it prosecution didn't get around to doing it said it didn't exist oops there it is case dismissed deliberate and intentional ladies and gentlemen Miss Reed may get her wishes maybe not by winning the trial but by just keep battling the process ecution more often than not you see these type of cases there's so much evidence there's so much digital evidence it's so hard to keep track of ladies and gentlemen and when jurisdictions aren't used to all that data well guess what things get lost things don't get turned over and who Bears the brunt of it the prosecution next Ashley Benefield finds out where she gets to reside during the pendency of her appeal that's right the former ballerina convicted of manslaughter is going to remain behind bars during her appeal the judge denied her request for Bond now as you may recall Miss Benefield was sentenced to 20 years in state prison for shooting her husband Douglas Benfield in her bedroom back in September of 2020 now she claimed throughout her entire trial and before that that she did shoot him but that it was done in self-defense a jury decided that question of fact and said no it was manslaughter anyway um on February 6th the court held a hearing to decide whether Miss Benfield should be allowed to be released on a bond pending her appeal at that hearing the defense argued that she had a very strong ties to the community a job waiting for her and the fact that she was on her best behavior while she was on bond pending the murder trial the prosecution opposed it saying it's a serious crime she needs remain in custody uh judge white acknowledged the testimony of the friends of Miss Benfield and even her former pro ation officer who said she was a good pre-trial uh uh Bond release individual but just the severity of the case and insufficient ties to the community she has to remain Behind Bars next mistreat dogs go to prison for 475 years why am I okay with this that's right A man was sentenced to 475 years in prison for his role in a dog fighting operation Mr Vincent Lamar Burell was arrested back in 2020 after deputies discovered 106 dogs on his property in Georgia the Sheriff's Office where Mr Burell resided um executed a search warrant at Mr Burl's home and later found the dogs tied to fence posts with heavy chain they also found documents linking Mr Bell's dogs to other known dog fighters and contracts for some of the dogs according to the district attorney's office now police said the dogs were basically left in the elements with little to no shelter and were not seen by a veterinarian regularly now the dogs were also found in the basement of the home where the presence of odor and urine and feces were quite strong and they police had to wear protective uh equipment to go in there was so bad apparently conditions uh where the dogs were being hous both inside and exterior the property were not fit for humans let alone a dog anyway Mr Burell was convicted of 93 counts of dog fighting and 10 counts of cruelty to animals and guess what 475 years you know your animals are like your children you have one duty to protect them take care of them the best you can not train them to be fighty dogs and to completely ignore them next very awkward twist to a suspicious death in Louisiana just in time for the Super Bowl that's right a woman in Louisiana with a history of drugging men and stealing their credit cards was arrested in connection with the death of a reporter from the telmundo station while he was in New Orleans to cover the Super Bowl so danet Colbert uh of Louisiana was busted after she was captured on video surveillance uh leaving the journalists Aiden Manzano's hotel room before allegedly using his credit card at his store in Louisiana uh she was seen in the footage leaving the 27-year-old reporter's hotel room in the suburb of Kenner before going to the alleged shopping spree now miss Colbert has so far been charged with only property crimes including bank fraud and theft but she has previously been accused of drugging at least two men and swiping their credit cards she apparently has a wrap sheet that includes allegations of drugging men theft of currency fraud fraudulent use of credit and debit cards and other Financial crimes according to the police and uh Miss Colbert was charged with also introducing a substance a foreign substance um into a victim in Nevada back in 2022 the other one was in Louisiana about 2 years ago go anyway the security footage revealed that Colbert arrived with Mr Manzano at the hotel room um at about 4 a.m. on Wednesday morning then left a few moments later Manzano of topeko Kansas was discovered dead in the room about 12 hours later because a welfare check was um done to see why he had missed an appointment anyway his cause of death as of right now is unnown could be completely unrelated to the theft of his wallet anyway what's weird twist here is that Mr Manzano's 24-year-old wife Ashley Boyd had died in a car crash uh back in Topeka Kansas back in April of last year and uh his death leaves their daughter now um without parents sad story next a former California teacher of the year cries like a little baby in court as she admits to sexually assaulting students Jacqueline Ma has uh been in custody since she was arrested back in 2023 now prosecutors claimed that she had engaged in sexual relationships with two students who were 11 and 12 years old at the time now two months before her trial was to take place miss m changed her plea to guilty on two counts of lewd acts with a child under the age of 14 with duress she also admitted to a lwd act involving a second child and another count of possessing material containing a minor engaged in or simulating sexual conduct now the um trying miss Ma sat along with her attorney letting out a quiet guilty as the charges were read aloud how did this all come about well back in 2022 the former sixth grade teacher at a uh Elementary School was one of five Educators named teacher of the year in San Diego and then just seven months after receiving that award she was arrested after the parents of the 12-year-old reached out to police to report this suspected inappropriate relationship with miss Ma now miss Ma is said to have had a monthlong relationship with a boy and sent him rather explicit pictures of her asking for the the 12-year-old to send some of those pictures back anyway um it was reported back in 2023 detectives read aloud the messages between the two in which ma professed her love for the boy uh it's also reported that the child also wrote sometimes I think you don't understand that I'm just a kid still and this is my only real relationship as the U hearing continued and um the investigation went on they discovered the second Vis victim in this particular case now police had said that miss Ma used her position to coer these two into the behavior and was beyond inappropriate Beyond wrong and speaking after the hearing the district attorney acknowledged that miss Ma has taken responsibility and is not going to make them go to trial where the children would have to come and testify anyway the consequences of trial would have been much more significant with this resolution she is like I said sparing the victims from having to come and testify at a jury trial but she's also helping herself why the remaining charges got dismissed and guess what she's only going to spend now between 30 years to the rest of her life in prison where it could have been hundreds of years to the rest of her life in prison so at least there's a possibility she could possibly get out of custody next on the docum this day in legal history 1795 that's right on February 7th 1795 the 11th Amendment to the United State's Constitution was ratified this amendment established that federal courts do not have the authority to hear cases brought against a state by a citizen or subject of foreign States and it was in direct response to a Supreme Court decision called Chism V Georgia in 1793 and reinforced the principle of State sovereign immunity 1904 guess what big fire broke out on this date in Baltimore destroying 1,500 buildings and causing an estimated $200 million in Damages significance of this is well it forced people to have similar um fire regulations and building codes across the city if not the state and now these days across the country on this date back in 1962 the United States imposed a full economic embargo on Cuba prohibiting all trade between the two Nations and um although in acted via executive orders and some legislation it became the most enduring trade restrictions in US history and obviously ongoing legal debates regarding the effectiveness humanitarian impact and implications under international law now this next one you may say what that's right the Beatles arrive in the United States well what's the legal signific ific of that Scott that makes no sense well obviously it started Beetle Mania but it also led to a significant battle over music rights including issues related to royalties merchandising and intellectual property that help shape entertainment law today and on this day in 2013 the state of Mississippi officially abolished slavery well Scott that doesn't make much sense does it that was abolished right after the Civil War in 1865 did it not well although the 13th Amendment became law in 1865 Mississippi had not formally ratified the amendment until 1995 and the ratification was not officially certified until 2013 obviously shows some of the complexities of state and federal legal uh process and the enduring Legacy of slavery that was a new one to me I didn't know that one who knew didn't know [Music] and finally our dumb criminal of the day you can't make this stuff up ladies and gentlemen so a Florida man was arrested at an auto part store in Georgia so he must be there in the in the Panhandle right and um you may say well why what's the big deal you can go to Florida to Georgia right well this guy was in the store barking like a dog for an hour only as to say the store employees contacted the police department to contact the male that's been in the store for over an hour barking like a dog when they arrived they met a guy by the name of Jonathan Navas na avas they asked him what was going on he responded he had no idea and uh was surprised that he was causing any issues whatsoever anyway police officers asked Mr Navas for some identification he said uh yeah my driver's license in the car outside let's go let's go get it the police said when they went to his car they spotted a clear baggie containing syringes on the passenger seat one of which was filled with a clear substance which resulted in the recovery of another baggie this one contained a clear crystal substance according to the police and guess what it tested positive for methamphetamine now navis was subsequently placed in custody after getting uh some more identifying information they found that he had a warrant in a different state needless say Florida said we'll take you back he'll be extradited um upon his release from Georgia and the other weird thing is they said hey what's in that syringe Mr navis said oh that's just blood anyway he was booked into the Monroe County Detention Center and uh like I said once he gets his uh case done there Florida will take him back all right that's all we have for today ladies and gentlemen thanks for watching hope you enjoyed the show have a wonderful weekend and remember the Constitution matters [Music] oh [Music] - Generated with https://kome.ai

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