Mark Geragos Talks Menendez Brothers & P-Diddy + Snoop Dogg Takes a Jab at Woke Disney Movies

Summary

The Adam Carolla Show – Podcast Summary

Episode: Mark Geragos Talks Menendez Brothers & P-Diddy + Snoop Dogg Takes a Jab at Woke Disney Movies
Date: September 1, 2025
Host: Adam Carolla
Guests: Mark Geragos, Rudy Pavich (news)

Overview

This episode features Adam Carolla’s signature blend of candid cultural commentary, in-depth legal insight, and irreverent comedy. The first half covers trending news, including Snoop Dogg’s take on LGBTQ+ representation in Disney films and broader debates about “woke” culture. Attorney Mark Geragos joins for a detailed exploration of the Menendez Brothers’ parole plight and P. Diddy’s current legal battles, drawing parallels to broader themes in the US justice system.

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Key Discussion Points and Insights

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1. Snoop Dogg’s Comments & Disney’s Approach to Representation

Timestamps: 01:13–08:52

• Snoop Dogg on ‘Lightyear’: Snoop shares being blindsided when his grandson asked about two women raising a baby in the movie “Lightyear.” He says:

  “I'm scared to go to the movies. Like, y' all throwing me in the middle of this that I don't have an answer for. … I was just there to go to sleep and watch the movie. That woke me up.” (01:13)

• Adam’s Rant on Cultural Overexposure:

  • Argues that kids will inevitably encounter all aspects of society, so there’s no need to “force” certain themes early.
  • Draws absurdist analogies—"I don't have a beef with the German porn, but I don't want it shown in first grade." (03:19)
  • Laments the ubiquity of “Don’t Stop Believing” and compares forced exposure to music with forced exposure to social issues.

• Notable Quotes:

  “My whole thing, and I think all parents feel this ... there’s stuff I just want separated... There’s stuff I don’t want in first grade. And I think somebody decided, especially Disney and Pixar, it would be a good idea to get everyone exposed to everything early—as if that was some solution. I don’t think it’s a solution.” (04:00)

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2. Viral Venice Pickpocket Story & Responses to Theft

Timestamps: 08:52–14:36

• Viral News: NC woman detains pickpocket in Venice, Italy—holds her by the ponytail for an hour. Adam and Rudy riff on responses to theft, contrasting “take action” personalities with Adam’s own unwillingness to physically hold a thief.

  “I’m always secretly jealous of those people because I would let her go. I just want my stuff back, I don't need the hassle.” (10:41)

• Larger Themes:

  • Adam: Thieves aren’t stealing from you, they’re fulfilling their own needs—“They’re not stealing stuff from me, they’re stealing stuff from a victim who happens to be me.” (14:04)
  • Contrasts small-town versus big-city responses to crime—more personal, less punitive outside of the city.

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3. News Roundup: Delta’s Jet Fuel Dump, Air Travel Privilege, Jay Cutler DUI

Timestamps: 14:36–25:56

• Delta’s $79M Settlement:

  • Adam pushes for perspective, stressing how miraculous air travel is and that society underappreciates flight.

  “Nobody in human history was able to get from LA to New York in five and a half hours. … This is a privilege. People, you don’t need—nobody in human history was able to do this.” (18:09)

• Jay Cutler DUI:

  • Lays out Geragos’s DUI strategy: take the breathalyzer soon after drinking, but opt for blood if time has elapsed.

  “If you just left the bar ... take the breathalyzer ... If you watched the game, had some drinks, take the blood.” (22:23)

  • Adam proposes legal consistency: “Let’s just call it 16 [age of consent] and 0.1 [BAC], can we do that?” (24:11)

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4. Mark Geragos on the Menendez Brothers Parole

Timestamps: 29:46–57:56

Origin Story & Legal Rationale

• Geragos took the case due to Adam’s long-standing interest in the Menendez case.

  “You’re the reason I took the case. People don’t believe that, but it’s God’s honest truth.” (30:38)

Danger to Society & Proportional Punishment

• Adam and Geragos agree: the key questions are (1) whether someone is a continuing danger, and (2) whether they’ve been sufficiently punished.

  “The Menendez — one to ten in terms of not putting their hands on other citizens or random acts of crime or criminality — I give it a 10.” (38:23)

  “On your scale, one to ten, I can't imagine — give me somebody who's less likely to recommit the target crime than these two.” (39:08)

• Parole Board Politics:

  • Political calculations and public perception—DA avoids releasing them to maintain a “law and order” image, especially if eyeing higher office.

  “He plans on running for Attorney General in 2026 ... and I think this is what he thinks is a winning issue.” (47:02)

  • Geragos: Correctional officers vouched for brothers as safe; family members, including the sisters of the victims, want release.

• Systemic Critique & Frustration:

  • Adam: “It’s not even really about what’s right or what’s wrong ... It’s just literally a calculation made by politicians for the next election.” (50:29)

• Timeline:

  • Decision expected within 30 days regarding clemency or an evidentiary hearing. (57:56)

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5. Mark Geragos on P. Diddy’s Legal Battle & The ‘Mann Act’

Timestamps: 57:57–83:49

Diddy’s Background, Family Resilience

• Geragos describes his daughter Tenney’s role as a high-profile defense attorney in Diddy’s case and recounts his family’s Armenian survival story as a backdrop for perspective.

The Mann Act & Selective Prosecution

• Judge is comparing all sentences for Mann Act convictions; Geragos notes the law’s history and rarity:

  “The original idea of the Mann Act was they didn’t want young, rural women being transported across state lines...it was called the White Slavery Act before.” (80:46)

• Comparison to Trump ‘Lawfare’:

  • Adam and Geragos see parallels between over-charging of high-profile figures like Trump and Diddy using “never or rarely used” statutes.

  “As a taxpayer, you should be suspicious when somebody goes, ‘We're gonna use some statute that we never use against this one individual.’” (61:41)

• Media Speculation:

  • Adam jokes about the lack of courtroom cameras and the quality/baroque nature of sketch artists in Diddy’s trial.

• Impact and Next Steps:

  • Diddy convicted only on the Mann Act, not sex trafficking—Geragos argues the conduct was unremarkable and that the government is being a sore loser.

  “You took your shot, you lost.” (74:48)

  • Sentencing set for October 2; Geragos expects minimal jail time based on legal precedent.

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6. Philosophical Riffs on Crime, Culpability, and Defense

Timestamps: 83:49–94:16

• Prosecutorial Ambition and Justice:

  • Geragos explains the career calculus of prosecutors—taking “trophy” cases is a pathway to lucrative private law careers.

• Comparing Culpability:

  • Extended riff on blaming versus understanding—distinguishes between cold-blooded contract killers (e.g., Ray Carruth case) and people who kill for specific, personal reasons (Menendez).

• Challenging Sensationalism:

  • Jokes and anecdotes on school pranks, roughhousing, and shifting legal/moral standards (especially in the MeToo era).

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7. High-Profile Defense, Public Optics, and Gender

Timestamps: 83:56–86:04

• Tenney Geragos as Defense Attorney:
  • Discussion of how female, non-white defense attorneys are often more effective in certain cases than “heel” male attorneys, especially regarding issues of sexual agency and credibility with juries.

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Notable Quotes & Memorable Moments

• “You’re not getting away. I’m not stopping, kid. I have eight kids. You don’t get to me.” (Italian woman detains pickpocket, 10:34)
• “My whole thing…there's stuff out there. There is Al Qaeda out there and there's honor killings...I don't have a beef with the German porn, but I don't want it shown in first grade.” (Adam Carolla, 04:00)
• “He wants to screw with Gavin Newsom. He wants to force Gavin Newsom to have to reverse his decision to find this guy suitable.” (Mark Geragos, 33:53 on Sirhan Sirhan parole politics)
• “You took your shot, you lost.” (Geragos, on P. Diddy prosecution, 74:48)
• “Your audience is the jury...if you're a female [attorney], and that's why I don't think the prosecution ever recovered from her opening statement.” (Geragos, 84:30)
• “It's not even really about what's right or what's wrong ... It's just literally a calculation made by politicians for the next election.” (Adam, 50:29)

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Timestamps for Key Segments

• Snoop Dogg, Disney, & Social Issues: 01:13–08:52
• Venice Pickpocket & Responding to Crime: 08:52–14:36
• Jet Fuel Lawsuit/Air Travel Rants: 14:36–19:49
• Jay Cutler DUI & Legal Debates: 20:34–25:56
• Mark Geragos on Menendez Brothers: 29:46–57:56
• Mark Geragos on P. Diddy & The Mann Act: 57:57–83:49
• Philosophy of Crime & Legal Defense: 83:49–94:16
• Show Plugs & Outro: 94:16–End

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Conclusion

This episode covers:

• The pitfalls and pushback around “forced” diversity and exposure to mature topics in media.
• A thorough peer-into the legal system’s inertia, especially in parole, high-profile prosecutions, and the weaponization of rarely used laws.
• Personal and philosophical takes from both Adam and Mark Geragos, highlighting not just the letter of the law but the real-world, sometimes farcical, effects of bureaucracy and ambition.

Listeners get a blend of news, comedy, and unvarnished legal education with a skeptical, libertarian undertone—an exemplar of the Adam Carolla Show experience.

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For more information: Mark Geragos – Reasonable Doubt podcast, Two Angry Men podcast, Gergos.com; AdamCarolla.com for tour dates.

Transcript

[A]

Well, in this episode, Rudy Pavic is going to be doing the news, and Mark Garagas comes in to tell us all about the Menendez brothers and a lot of P. Diddy talk because he was there as well. We'll do all that right after this. This episode of the Adam Krola show is brought to you by SimpliSafe.

[B]

From Corolla One Studios in Glendale, California. This is the Adam Carolla Show. Today's guest, attorney, Mark Garagos. But first, news and trending topics with Rudy Pavage. And now he may be excited for.

[A]

The NFL, but he's more excited to rant about black motorcycle helmets.

[B]

Adam Carolla.

[A]

All right, Rudy. Hey, buddy, you got news over there?

[C]

Yeah. Let's do it.

[A]

Huh? I don't have your bio.

[C]

No.

[A]

That is interesting.

[C]

Sorry. I'm not really a human, so. That's okay. I don't really exist, this plane of existence.

[A]

Yeah, I know. But I like to give you plugs and all that kind of stuff. But. All right, we'll get your bio. Yeah, news wise.

[C]

News wise. All right. So Snoop Dogg said he was caught off guard after Grandson asked him how two women could possibly have a baby in the animated film literally Light Year. He said, quote, I'm scared to go to the movies. Like, y' all throwing me in the middle of this that I don't have an answer for. It threw me for a loop. I'm like, what part of the movie was this? These are kids. They're gonna ask. I don't have answers. And I was just there to go to sleep and watch the movie. That woke me up.

[A]

He was there to sleep and watch.

[C]

And watch the movie, which is. I don't know how you watch a movie while simultaneously sleeping, but he is Snoop Dogg.

[A]

So. Yeah, I know. It's so funny that everyone gets their fucking panties in a punch over this. Also, it's Snoop Dogg. Like, if there's anybody on the planet that we don't need to be politically correct and or toe whatever societal retarded line we're getting into today, it's Snoop Dogg.

[C]

Yeah.

[A]

First of all, all he does is smoke pot and talk about pimping and hoeing. So he is doing.

[C]

At some point, he was the person that parents had to explain to their children. Like, I remember I got grounded for a Snoop Dogg cd. And if my mom would have known that years later that lesbians would be in Pixar movies, she probably would have gave me the goddamn Snoop Dogg CD back and just been like, okay, just listen to your shitty music.

[A]

Yeah. I mean, I think it's okay to explain your experiences. Like, I think you can go, I was at a movie, I was with my granddaughter. Two chicks popped up with a kid. My kid turned to me and went, what are these two chicks? What are these two mommies doing with a baby? And I didn't really have a good explanation for my 6 year old granddaughter. Cause that's what happened.

[C]

Yeah.

[A]

I mean, it's sort of like saying I got into an elevator and it was stalled in between floors. And someone goes, why are you talking shit about elevators? You know, you go, that's what happened to me. I'm not saying I don't like elevators and I'm not saying I don't use elevators. And I'm telling you not to use an elevator. I'm saying this is this thing that happened.

[C]

Yeah.

[A]

So you can say what happened and then you can go, I had to explain to her that sometimes mommies love each other and end up getting married. Or there's some sort of, some sort of nice version of that that Snoop Dogg would never say. And then there's what he did experience. But I do agree that like my whole thing. And I think all parents feel this way too, which is like, look, first off, whatever's out there, there's stuff out there. There is Al Qaeda out there and there's like honor killings and there is genital mutilation and there's bizarre German po that don't I know I'm an adult atheist and it would freak me out, give me nightmares. All of it is out there. And then there's the trans community. And that's like, that is fine. And I don't care about the trans community. But then you go, the trans community wants to come into your first grade class and start talking to them about something. And then I go, that I don't want. And then they go, why not? You have a beef with that community? And I go, no, I don't have a beef with a lot of stuff. I don't have a beef with the German and porn, but I don't want it showed in the first grade. So there's stuff that I just want separated from that stuff. And I think somebody decided, especially Disney and Pixar and Hollywood, that it would be a good idea to get everyone exposed to everything early. As if that was some solution. I don't think it's a solution. Like, I don't think, I think kids, especially in this modern society, find their way into everything eventually. And we don't need. Like, do not worry. Your young son and young daughter will discover there's something called the trans community at some point. And they'll also discover Al Qaeda at some point. And they'll also discover genital mutilation.

[B]

And.

[A]

And they'll also hear the song Maneater by Holodoes. It's all gonna happen.

[C]

All the shitty things in life are gonna.

[A]

Come on, Want it to happen. We wish we could shield our children from Maneater. Yeah, but it cannot. Or Abracadabra by Steve Miller. It's going to happen.

[C]

Yeah, it's.

[A]

But I don't want to play Abracadabra while they're in the crib.

[C]

Yeah, absolutely. Yeah. I feel the same way about Don't Stop Believing. Like, I don't need that in the classroom while the trans lady is trying to read Berenstain Bears.

[A]

They are never going to be able to escape. Don't Stop Believing.

[B]

My journey.

[C]

It is fucking possible.

[A]

It is impossible. It is ubiquitous. It is everywhere. It's relentless. It doesn't sleep. Whatever. The speech the guy gave about the Terminator in the first Terminator.

[C]

Yeah.

[A]

That's what does not believe. It doesn't have remorse. You can't reason with it. It's a killing. It's an ear killing machine.

[C]

Do, do, do, do, do. Yeah. It's so bad. It's awful. And then on top of it, it was like it lulled for a few years. It came out and then it lulled. And then the goddamn Sopranos had to put it in to that final episode. And when it cuts to black and you hear the Don't Stop, boom. And it was like it shot it into the stratosphere. And now every stupid fucking baseball game I go to, every time I go to a Lynx WNBA game, now I gotta sit and listen to that goddamn song.

[A]

Yeah. I'm going to say this. Don't Stop Believing is not as bad a song as Abracadabra, but It gets played 72 times as much or maybe 1000 times as much. And so there's two categories for songs. There's horrible songs that get played enough that we should never have heard in the first place. And then there's songs that I was fine with until I was beaten over the head with him.

[C]

Yeah.

[A]

And that's where I have Don't Stop Believing.

[C]

Well, it's weird that there's stuff that's so middle of the road and bad and yet it gets so many spins. Like if you just happen to turn on TNT and they're Playing the Son of Mask. I don't need that movie.

[A]

I agree.

[C]

I like Jamie Kennedy, he's a fun guy. But that movie's a piece of shit. And I don't need it to be on network television when I'm in my hotel room on a Saturday afternoon.

[A]

I tend to think those. And I agree with you on that. Like, I don't know why we need to see Son of Mask ever again.

[C]

No.

[A]

But I think there's a financial explanation, which is those movies cost less to clear or whatever it is. And if you want a Tarantino film, that might come with a different price tag. So I think there's some economic part of that. The don't stop believing part is just people being dumb. And when you're dumb, you like repetition and you're basically more animal than man. And that's where don't stop believing comes in. But anyway, the whole point is we do not need to pipe in don't stop believing into our kids nursery because at some point they will be hit with don't stop believing. And I feel the same way about the trans stuff.

[C]

Yeah, yeah, yeah. Plus also, I like that old Louis CK bit where he goes, I don't know, it's your shitty kid. You figure out how to talk to him. Why do I have to be the guy who's bringing it? Did you see this video? This is so. This is great. This is Peak, N.C. a North Carolina woman is being celebrated after a video clip of her physically detaining a suspected pickpocket in Venice went viral on social media.

[A]

Venice, Italy.

[C]

Venice, Italy.

[A]

Yes. Yep. She's holding onto her hair, holding her.

[C]

Right by the ponytail. Held her for an hour.

[A]

I do like when chicks think they scream loud enough. Shit'll get fixed.

[C]

Yeah. There's a great moment in here where she talks about her kids. She's got eight kids.

[A]

Is it an Italian woman?

[C]

Italian woman, yeah. She has smoke show too.

[B]

She's pretty cute.

[A]

Yeah, I think that's part of it.

[C]

Yeah.

[A]

Gotta be cute.

[C]

Yeah. There's a whole episode of White Lotus where they go. That's on a loop, guys. You can turn that off. Yeah, there's a. There's an episode of White Lotus where there's women that are sort of like that, like very good looking. They're in Italy. They use their looks to get by and then they end up scamming guys like that. But one of the things a woman yelled, which I love, is as that woman was screaming the suspected pickpocket. She said, you're not getting away. I'm not stopping kid. I have eight kids. You don't get to me.

[A]

Wow. I'm always secretly jealous of those people because I would let her go. I just want to hassle it.

[C]

Yeah. I would say, just give me my shit back and then you can leave. I don't need to deal with this. I don't need you to get it. I don't care. I just want my stuff.

[A]

The one time I thwarted a pickpocket purse snatcher in Santa Monica, as I was chasing the guy down the sidewalk on some woman's behalf, she just screamed help. In the middle of the street. I don't know. It was like nine at night. I just ran down. The guy stole me, and I just went chasing after him. The whole time I was chasing after him, I was thinking about the part where I was gonna have to hold him in a headlock or something, and he was gonna be screaming, come on, man. Come on, man. Or whatever. And I kept going over it in my head. I was like, from the time I get my hands on this guy to the time the cops show up, it's gonna be like, at least 10 minutes. And for that 10 minutes, I'm gonna be hanging on to this guy, and he's gonna be screaming about, like, having kids and just trying to get enough money to get some food together, man. And, you know, this is my third strike, and I'll be locked up, and I'll just be hanging onto him going, this is so uncomfortable.

[C]

Sure.

[A]

Emotionally, you know, it was weird. I didn't even think about the physical part of it.

[C]

Yeah, he's gonna be like, I don't even. Like, don't stop believing.

[A]

I didn't even. I felt so bad. And I was like. But I was starting to catch up to it, you know? And I was like, ah, this is gonna be. Oh, it's gonna be so uncomfortable.

[C]

Pretend to trip.

[A]

Oh, no, no. He. I was really like, this is gonna be so uncomfortable. I wasn't thinking about the physical part. I was just thinking about the emotional part of it. And also, I'm just bad. Like, I couldn't write people tickets and stuff like that. I couldn't be a cop because I couldn't pull over. Poor people. Like, I just feel horrible. But anyway, thankfully, right when I got up to him, he just jettisoned this woman's purse and briefcase. He just, like, chucked it. And soon as he chucked it, I was like, all right, see ya. Yeah, I'm not gonna hang onto your ponytail.

[C]

Yeah.

[A]

And that was that. And, and I'm glad I avoided that. But soon as that bitch started screaming, I would have just. I would have left. I would have got my purse back and let her.

[C]

Just let her go. Yeah. See, that's the thing about big cities where, like, I grew up. Small town, northern Minnesota, a little place called Hibbing. And we were kind of up on a rooftop having a party, and kids below us took a, like a brick and threw it through the back windshield of a vehicle that was outside of a bar. And we're like, let's get them. So we take off running. We go down the street. Now we're chasing after these kids. And then we caught up to them. We're like, oh, shit. We know you guys. Never mind. You're good. That's fine. You guys. Yeah, we got a purse. You're like 30 bucks.

[B]

We're like, ah, good for you.

[C]

Anyways, we're having a party if you guys want to come back and hang.

[A]

Yeah, I'm, I'm, I'm sort of jealous of the women or the men or the. Whoever who can get. First off, if somebody steals shit from me, I don't take it personally. I just feel like they're thieves and they want money. You know what I mean?

[B]

Sure.

[A]

So she. They're people, like, when you do stuff to them, they take it personally. They internalize. Or maybe they're narcissists, I don't know. But they get really animated about it. But I never would because they're not stealing stuff from me. They're stealing stuff from a victim who happens to be me. But it's the same way, driving on the freeway, getting cut off like that person not cutting you off, person's cutting a car off that you're in.

[C]

Yeah, yeah, yeah.

[A]

So.

[C]

All right, moving on. Here we go. So Delta agrees to pay $79 million in a settlement to South Los Angeles residents after its pilots dumped jet fuel on neighborhoods more than five years ago. In January 2020, pilots of a Boeing 777 turn their Shanghai bound flight back towards LAX after experiencing engine trouble. Shortly after it took off. However, pilots were forced to dump their fuel reserves since the jet exceeded its max landing weight of about the liquid. Drained over. Excuse me. Rained over thousands of cars, homes, businesses and schools. They have agreed to not only pay the $79 million in the settlement, but also have everybody's properties tested and then upon that be given a certificate confirming that their property is clear.

[A]

So they figured they're fueled up because they're going to Shanghai from lax, Right. So they got thousands of pounds of fuel, and then they're gonna burn off thousands of pounds on the way to Shanghai, and. But when they turn around and land, they're too heavy, so they gotta dump that fuel. Now, I don't know where they were, but LAX just takes off right over the ocean. It seems like you would think, let's just dump it over the ocean versus over people's homes. On the other hand, if it's emergency and you gotta turn and you just don't have time to go out over the ocean, then you got to dump where you got to dump. My feeling is you want to live in the fight flight path, you get a little break on your home.

[C]

Absolutely.

[A]

But shit happens every once in a while.

[C]

Yeah. Also, this does feel like. Because you start hearing some of the clients and the victims and the lawyers that are involved with this. And even though I'm not a big fan of big corporations and I do like Delta, probably my favorite airline to fly, it does feel like this is an opportunity for people to make some dough, and this is what exactly what they're gonna do. If it was something like jet fuel on my property, I might just say, listen, just come and clean it up, make sure it's fine. I just don't want any residual things happening to my pets or to my kids. But other than that, just clean it up and let's just. Bygones are bygones.

[A]

Yeah. You got a pressure washer?

[B]

Yeah.

[A]

Hit the roof, we're cool.

[C]

Throw in the earbuds.

[A]

Yeah. The thing about this is everyone's gonna do the. You know, my child has asthma and it flared up and blah, blah, blah, deep pockets and all that. All that stuff. But I don't know. I feel with air travel, I feel like we don't appreciate it enough and we don't understand it enough, and we don't really understand how glorious it is.

[C]

It's amazing.

[A]

And what a gift it is.

[C]

Absolutely.

[A]

And how. I was trying to work out this bit, but I'm trying to work this bit out where when you get your real id, you know, that's all that we have to have your information on it. I don't know what else, retinal scans or whatever they're doing, but I'm like, they need to put a little picture of the Donner Party on that. And like, when you're at the airport and you're fucking throwing a hissy fit because your flight to Phoenix is delayed 40 minutes, you need to look down at the Donner Party and go. These people walked here and died in a snow covered pass and had to get into cannibalism. They had to eat. They ate the animals first, then they ate the guides second because they were Indian, and then they ate themselves. Yeah, right. And you're bitching because you can't get to Phoenix by 1:30. And I just feel like people are like way too. Here's the thing about flight. Here's what I'm gonna say about flight. You do not have a God given right to fly. Nobody deserves to fly. This is a privilege People you don't need. Nobody in human history was able to get from LA to New York in five and a half hours. Nobody until the last 10 minutes of our society. People died, spent many, many months, got lost at sea. You know, God knows the Kraken got them, Indians got them. You know, I mean, this is the first time in world history that we've been able to do this. And you need to appreciate it a little more.

[C]

Yeah.

[A]

And you also kind of need to go, wow, we're really pulling something off.

[B]

Yeah.

[A]

Yeah, we got 200 people. They're flying to Shanghai or wherever they're going. I mean, that's, that's pretty good. And once in a while there's gonna be delay and once in a while there's gonna be a mechanical thing and there's gonna be a shit happens kind of thing. But that should all come with the territory and you should appreciate what you have.

[C]

Yeah. I had that conversation with my daughter on a flight. We were talking about parties back in the day that had to take wagons west. And as they were trying to figure out the lay of the land and she was like. And I was like, you know, then they had to, like they had to kill their own food. And she wasn't impressed by any of it. And I said, by the way, they had no WI fi. And she was like, get out.

[B]

What?

[C]

They walked all that way, no WI fi? I was like, yeah, that didn't exist back then. They just had their thoughts and not even a path. They were the ones making the path that went all the way to the goddamn ocean.

[A]

I know. So I just feel like people need to.

[C]

Yeah.

[A]

Again, they feel like they deserve flight. You see the films of the chicks at the airport and it's like, sorry, we closed the door a half hour before. And they're like, we're what, bitch? And they pick up the computer, throw it at him and stuff like, you don't. This isn't, this isn't some sort of Birthright.

[C]

Yeah.

[A]

This is a privilege, and you need to show up on time. And if you live in the path, once in a while, it gets some Jedi dumped.

[B]

Yeah.

[A]

All right, let's do one more.

[C]

Yeah. Yeah. All right, so. Oh, man. Everybody's favorite quarterback Jay Cutler will have to spend time behind bars as part of a plea deal with prosecutors over his 2024 arrest. The ex NFL star pleaded guilty to one misdemeanor DUI. Per the deal, prosecutors agreed to drop three other charges filed against Cutler. Back in 2024, Cutler was arrested in Franklin, Tennessee, on charges of driving while intoxicated and gun possession while under the influence. The other charges included violation of implied consent law and failure to exercise due care, which was reported as a charge brought over refusal to submit a blood or alcohol test. Now, this is the part that always confuses me, because every time I see, like, a TikTok or a reel and somebody goes, you don't have to give a breathalyzer. When they ask, you don't have to give one. And then you hear about guys get charged for not giving one or they get taken in and then they do the blood or they end up giving it anyways. And then I'm like, okay, so which is it? Which am I. Am I allowed to tell the cop, you don't have the right to come into my vehicle?

[A]

Or.

[B]

I don't know.

[C]

It feels like there's so much contradicting information.

[A]

These guys are the same guys that are like, you know, you don't have to pay federal income taxes constitutionally. There's nothing in there. Yeah, yeah, yeah. Wesley Snipes saw your infomercial and did seven years in federal prison because he didn't think he had to pay. Like, there is nothing in the Constitution that says. Which is sort of like those Disney movies when the Gus the Mule would kick field goals and then the opposing coach would run out and start yelling, and then the ref would go, there's nothing in the rule book that says a donkey can't.

[B]

True.

[A]

Still implied that it's not legal.

[C]

Yeah. We need a human right.

[A]

So they will. Now, what I've learned from attorney Mark Gerrigos, who's in the back and gonna come in here and talk menendei in a moment. The tips. The tips are if you just left the bar, like, you just took a couple of shots and left the bar and get pulled over, take the breathalyzer because it hasn't fully entered your blood system. If you're watching the game, had some drinks, cut yourself off in the fourth quarter left after the game and were driving home and got pulled over. Take the blood because they gotta bring you in, and your blood alcohol level's going down as the time wears on.

[C]

You guys mind stopping by subway real quick so I can get a footlong stuff? I'm just a little part. I'm a little hungry, that's all.

[A]

Yeah, but also, listen, Cutler, I like. But if you got a gun in your car and you keep it in your glove box and then you get pulled over for dui, I don't think that should be drunk, intoxicated, and gun possession. It was in the car. Like, you also have a crow. You know, you have a tire iron in your car, too, which could be used as a weapon. And you're drunk, but the tire iron was always in the car. Yeah, I mean, if you're waving the gun around while drunk, but if they find the gun in the car when you're drunk, the gun was in the car that morning when you weren't drunk, no problem.

[C]

Yeah, he was on his way to practice. He stopped by and picked up a nine millimeter.

[A]

Right. So I'm just saying. I don't know about the gun part.

[C]

Yeah.

[A]

It is weird that there's actual time in jail, which normally you get, like, suspension of your license, which is.

[C]

God. Yeah.

[A]

I also. If I was running for president, I would run on a unification platform, which is. Look, age of consent all over the road in this country. Blood alcohol level, legally intoxicated, all over the road. Pardon the pun. Let's just call it 16 and 10. All right, can we do that? We can move on. That way, when I go to Hawaii and I'm talking to lady friends, I wouldn't have to do the math. Or I've had a couple of drinks when I want to talk to my lady friends on the drive home. There's a lot of calculations going on. You just make it 0.1 or what was it? Yeah, 0.1. Wait a minute. You make it.01 and you make it 16. And by the way, I feel like that crew is the same group. It's the same group of fellas who could really benefit from some unification, you know what I mean?

[C]

Yeah, no math involved. Plus, I don't know if you've seen Cutler on the field. He's not great at math. A lot of times he'd be out there and he'd be like, all right, guys, third down. And they're like, ah, Jay, it's actually second. He's like, oh, shit.

[A]

And I could Bargain with people. Like, I could go like, all right, we can dip down to 15 if you can give me 0.015 or something like that. We'll go up with alcohol, we'll come down with the age, but either way.

[C]

Yeah, like a jails of scales of justice, in a way.

[A]

Yeah.

[B]

Yeah, I like that.

[A]

So. And she wouldn't be blindfolded, but she'd have beer goggles on. Lady justice would be wearing beer goggles, and I could negotiate that.

[C]

Chelsea Couture shorts.

[B]

Yeah.

[A]

Let's just start it. 16 and 01. All right.

[C]

Yeah.

[A]

All right. Mark Garrigus waiting out there. Lots of updates on the whole Menendei thing, which has been an interesting story. Rudy, I don't have your.

[C]

I think Chuck came and brought it in. Oh, he did? Yeah, maybe. I think so. Maybe.

[A]

But somebody snuck in here, but I.

[B]

Don'T know where it went.

[C]

If not, don't worry about it. You can find me at Rudypovich on Instagram. You can go to my website, AdamCarollaSopener.com because nobody remembers my goddamn name. And then also, I got a couple of shows October 3rd. I'll be in Jenkins, Minnesota, doing Snarky Loom Brewing. And then you can catch me on Black Friday, November 28, at heavy rotation Brewing in Minneapolis.

[A]

Oh, yeah, I do have rotation. Sorry, but what did you say for yourself? All right, we'll do that. Sorry for the brain fart. Talk to Mark Garrigos right after this. Simplisafe. Well, I want to talk to you about home security for a minute. For years, I just thought it was about having an alarm that goes off once someone's already kicked in your door. But by then, it's too late. The guy's already inside the house helping himself to your TV and your Pop Tarts. That's the problem. Traditional security systems, well, they only activate when someone's inside your house. That's why I use Simplisafe. They've flipped the whole model. Proactive instead of reactive. Here's how it works. Smart cameras powered by AI can tell the difference between a squirrel and some guy lurking in your yard. It's about stopping crime before it gets to your front door. So don't wait until after the damage is done. Get proactive protection with Simplisafe. Right, Dawson. You can get 50% off your new SimpliSafe system with professional monitoring and your first month [e-mail] Adam. Just head to simplisafe.com Adam to claim your discount. And make sure Your home is safe this year. Keep your home, your family and your peace of mind protected with Simplisafe. There's no safe like Simplisafe. Oh, oh, oh. O'Reilly Auto Parts. Yeah, you know the jingle. Mm. They're in the business of keeping your car on the road. O'Reilly Auto Parts offers friendly, helpful service and, and the parts knowledge you need for all your maintenance and all your repairs. I've always used these guys. They're always local for me and very convenient. They have them all over the place in the Southland. I use them, get my race car back on the track and so forth. So whether you're a car aficionado or an auto novice, you'll find the employees at O'Reilly Auto Parts are knowledgeable, helpful and. And best of all, they are friendly. Yeah, last time I went into one, the guy held the door for me when I was walking out with my products. So stop by O'Reilly Auto Parts today or visit us@o'reillyauto.com Adam. That's o'reillyauto.com Adam. It's time to check Adam's voicemail.

[C]

Ace man. Went to high school in the Valley in the mid to late 90s. And we had a mean teacher. He was. He was incredibly mean, but we all loved him. Passed away a few years ago and it was actually really sad. But he used to pick up a desk with the student in it if the student was acting up, carry it out to the hallway and throw the desk with the student still in the desk into the hallway. Yep. Couldn't get away with that nowadays. Get it on.

[A]

You can leave us a message at 888-634-1744. Mark Garrigus back in studio. Always good to talk to Mark. Mark and I go way back, even further than we probably knew with the Kroc days.

[B]

That's exactly right. Our origin legends, or what do they call that? The origin myth. It's whatever. But you know, I'm going to give you a fun fact because I'm here to talk Menende and you tell the story because you're the reason I took the case. And people don't believe that, but it's God's honest truth. We've been doing or were doing reasonable doubt since 2015. One of the threads when we were doing Reasonable Doubt together was you talking about Menende.

[A]

Yes.

[B]

Okay.

[A]

And I'll tell the story. I just, I don't know why, but I've always had a very strong sort of vein in me of who's the problem and who's not the problem? That's always my. That's how I go through life.

[B]

Trust me.

[A]

And I hear people like screaming, elon Musk. Fuck Elon Musk. Like this guy, all he does is create jobs and pay taxes. Please do not. He's not on your list. He should be nowhere near your list of people you have a beef with. There's people who pay no taxes and cause lots of problems who you kind of like. So do not leave the. It's a Viking ship. You're either rowing or you're not. Or you're sitting in the back dragging an anchor like just anyone who's rowing. Everyone in prison, I've always felt like, do they pose a danger to me or not? And they push random people onto the subway tracks. That poses a danger to me or my family, my kids or what have you.

[B]

And by the way, if you do an act like that, how can you ever say that person's not a danger? Because you can. It reminds me of when I declare a doubt on somebody. This is something that happens all the time. When you declare a doubt and somebody's got a mental illness, they send them to like a Tascadero. Right?

[A]

Right.

[B]

They medicate the guy. Guy gets great. He's fantastic. Then what happens? They say, okay, he's ready to go to trial. Now they bring him down to county jail. And within five days, without the medication, without whatever else I'm ducking from plastic bags full of urine being thrown at me by the client. Right. Because they have disintegrated. That's somebody that you really have a risk with.

[A]

Listen, and I feel the same way about. Look, you try to. You embezzle from the company, the insurance company you work for, okay, I'm not proud of you, but that's sort of you and them. That's not you taking my money. That's not robbing me. So. And it's this. And even in the murder department, you poison your long suffering husband to collect on the insurance. It makes you a murderer. But it does not make my children endangered around you because they're not a benefactor of insurance or what have you. Okay? So I always do that. And so the menende I was always like, look, whatever you wanna say about them, they don't pose a danger to me, my children, or society at large. And there are plenty of people who push plenty of people onto subway tracks that got out of prison a lot f than the Menendei did.

[B]

And then we'll go to the Your joke, which I've told a million times, but that's what was so frustrating last week, about the parole hearing. I mean, the first guy who came out, mind you, Barton, who's the parole commissioner, is the same guy who found Sirhan Sirhan was suitable for parole.

[A]

Right.

[B]

And for. Whatever you say, I think this guy is an ex Kern county da. So you can figure the.

[A]

How old is he that he thought, well, Sirhan Sirhan was in for a long time.

[B]

He's been in for a long time. But I always thought, this guy is so Machiavellian, he wants to screw with Gavin Newsom. He wants to force Gavin Newsom to have to reverse his decision to find this guy suitable. And which he did. And now he comes out of the box, and all he wants to talk about with Eric is, didn't you burglarize your neighbor's garage when you were 17, before your parents? And it's like, what. What are we talking about? This is Eric Menendez, who has had no. No Hope whatsoever since 2005, started a hospice program, which I've seen with my own eyes down in R.J. donovan prison.

[A]

Is that towards San Diego or in San Diego?

[B]

It's by the border. It's in San Diego where you see the young guys pushing around, the old guys who were there because we locked up everybody. You see the dog, the guide dog units. You see Lyle in the green space. And this guy's talking about, what did Eric do when he was 17? And that his cell phone use. Because he uses. He's been busted once or twice for a cell phone that shows criminal mindset. And it's like, wait, we're gonna house this kid? That kid, he's 50 something. And we're gonna say, no, you gotta stay in for another year before you have another parole hearing because of a cell phone. Even though you've been a model inmate for over a decade and Lyle's been a model inmate for over a decade. That's the dangerousness. That's who we need to put in there. And now I'm gonna let you know the joke. It's my favorite joke I've used this. I can't tell you how many times.

[A]

I said, if Natalia walked into Sonny's room, if my one twin walked to my other twin's room and said, I'm thinking about killing mom and dad on Sunday, and my son looked up and said, this Sunday or next Sunday, that would mean we were horrible parents.

[B]

Exactly right. You would know something's going on. And by the way, who are you afraid? Who are they a future dangerousness to? Are they somebody gonna adopt them? I mean, give me a break.

[A]

Well, okay, so. So I would. That'd be a funny sitcom. But okay, here's what I wanted to say. I have two rules or two rules or two thoughts. One is, does the person pose a danger to society at large when they get out? That's one box. The other box is, have they been punished sufficiently? Because it's not enough just to say, well, this guy embezzled $10 million from investors, but he didn't embezzle my money and he's not gonna embezzle again. No, there has to be a punitive part of what he did. And so once the guy embezzles 10 million bucks, once that guy gets six years in prison, then he gets out because it's like, well, he's done enough. There's been enough punishment meted out for what he did, and that's sort of understood. So for me, I gotta look at both. So the Menendez one to 10 in terms of 10 being best, not putting their hands on other citizens or random acts of crime or any criminality, I give it a 10. I'm certain that there'll be no more crime coming from them. Then you have to get into the. Have they paid their debt to society? And you go, I don't know. What's the average time a first offender spends in prison before getting paroled? What's the maximum someone has ever spent? What's the least. As we know, Dominic Dunn's daughter was choked out in cold blood. High noon in a driveway, by hand, literally throttled, killed by this guy. The guy did, I don't know, 41 months or something. Went to Seattle, became a chef. I mean, literally took his 18 year old girlfriend, choked the life out of her, killed her and out. All right, so what I'm saying is then I'd go, that guy. Well, he got 42 months or whatever it is, and then I'll go, all right, well, there's some old black guy who was in there for 70 years. Okay, all right, so now what's the average in a first time offense would get?

[B]

Well, even. I'll even drill down more. I believe that the. For a first degree in California, even in. Because the. You have to understand, when we were growing up in the 90s, all of a sudden it became three strikes and lock them up. And that's when we were building prisons and that whole don't touch the third rail of crime kind of where we, we're going to right now again. But 20 something years was the average. These guys are well over 70% over that.

[A]

Right, right. So with that in mind, according to my only two calculations, are you going to kill somebody else or do some more criminality and have you been punished enough? A resounding yes to both. And they can go.

[B]

And on your scale, one to ten, I can't imagine. Give me somebody who's less likely to recommit the target crime than these two.

[A]

No, it doesn't. Statistically, you know, doesn't exist.

[B]

It does not. And that's.

[C]

You're very right.

[B]

There are studies on this and it does not happen.

[A]

Right. So now you have. Well, also, I mean, you have to kind of think about it like if you are a murderer, like there is a guy, the guy who killed Ray Carruth's pregnant girlfriend, that guy was just a guy. And Ray Carruth, who was a wide receiver for the Panthers, said to this guy, I'll give you five grand. And when me and my nine month old, my nine month pregnant girlfriend who's 26, when we're driving home from the movies, I'm just gonna stop at this stoplight and then you just get out and you just spray bullets at her so we can get on with our lives. And that guy was like, okay, which intersection are we at? And was like, all right, for five grand. Now, that guy could do anything at that point. He can pump a girl who is nine months pregnant, full of gunshots, who's in her 20s, who he's never met, done nothing to him for minimal, a nominal amount, 3,500 bucks. Five grand, you get it, right? So that guy is dangerous to me, the Menendez and by the way, that.

[B]

Guy, they will roll, they'll give a benefit to prosecutors will. In order to get the guy who hired him. I mean, that's the frightening thing. I've never understood that. That is unbelievable to me. I've sat in courts so many times and said, wait a second. If we're talking about Stone Cold, it's one thing a step removed to pay somebody where you don't get your hands dirty. But how about the guy who does?

[A]

It is what you're saying now, the end of that story is the mother died, but the baby was born severely impaired and then became 18. And then Ray Carruth got out of prison and said, I'm legally that guy's dad and I serve my debt and I want to be reunited with him. I don't know how much crazier than you get than that story. Right. Okay. Now, these guys. And I don't think people. I'm not joking. These guys killed their parents and they killed them for reasons that are debatable. But the reason that can't be denied is both people decided mom and dad should be dead. Those kind of killers are not contract killers or gun for hire killers or crazy people pushing people onto the subway tracks. They're people at a very specific killing instance. They're not killers. They're killers of family members for specific reasons. And I don't think those people pose any threat. Well, listen, if you as a human being can pull a trigger with a gun pointed at somebody and are capable of taking someone's lives, then you're in a category that at least suggests you're capable of taking a life. We have to admit that. But if it's a. And like the aforementioned Sonny, I don't think he's capable of doing it, regardless of what kind of abuse was meted out at him or whatever. Like, there's some people that couldn't ever make it into that category. They can make it into that category. But within that category, let's not confuse him with the gun for hire for Ray Carouse girlfriend. Cause that guy can kill anyone on any given Saturday for all you can.

[B]

Eat at the Golden Corral. Corral.

[A]

Right.

[B]

And one of the things that was chilling to me is when we did the resentencing hearing back in May, I put family members on. We were in front of Judge Jessick, who I've known since he was a prosecutor, one of the great judges in town. And we put on three family members who had gone to the house and were so appalled by a number of things. Number one was the hallway rule. Kitty enforced what was called the hallway rule. If Jose was down the hall with one of his sons, you were not allowed to go down the hall.

[A]

Right?

[B]

Now that's. That's just.

[A]

It's also. It's. It's. It can't exist in a smoke form without a fire form. It's like. It's just. It's so bizarre and it's so.

[B]

And they were complaining about it in real time. I don't want to go back to that house. There's weird things going on. That's number one. Number two, the older sister of Kitty. Because every time, everybody always defaults to why Kitty? Why Kitty? Why? They reload with Kitty. I say, well, number one, the only way you know that they reloaded is Lyle testified to it at the trial. It's not like There was a video there. He testified he was honest about it. And Kitty's older sister Joan has testified not once, not twice, but three times under oath that she wants them out before she dies. She's 93 years old, and she understands, and she's, you know, talk about, this isn't me, this is her. She says, my sister should have done more to stop what was happening in that house. That's the older sister of Kitty, mind you. The older sister of Jose, loved Jose. It's my baby brother. But she wants them out. So everybody who's seizing the moral high ground, saying, well, they killed their parents. They should never get out, or this. That the entire family, every living member, wants them out.

[A]

Were there two shotguns?

[B]

Yes.

[A]

I was just talking about this the other day with somebody, and I realized I'd never really thought about it. They're two trigger men, essentially.

[B]

Yeah. And they were there, and they testified to it. And I was just talking with your guys here beforehand. They were saying, well, what happened? And I said, well, clearly what happened? They were saying, did Eric Garcetti's dad, Gil Garcetti, he was the DA then. He was in a fight for his life, couldn't win. The big one was the big knock on him in the 90s as the Lada OJ South. Eight days after OJ Eight days after OJ was acquitted, their second trial started. Mind you, their first trial, two juries, half of the jurors for Lyle, half the jurors for Eric, found them not guilty of murder and wanted manslaughter. Clearly down gender lines. All the women voted for manslaughter, all the men for murder.

[A]

Huh.

[B]

That wild. Second trial, one jury, all the rulings change. No cameras in the courtroom. Eight days after O.J. evidence starts, and it's a whole different ballgame.

[A]

So how much of this. I was talking to Mike August about it, and he thought some of this was a newsome thing, like running for president, doesn't want it to get to his desk. I don't know, like, how much of this is politics?

[B]

Well, I will tell you. I think Hockman, who's the current da, I think he's playing politics. I made the prediction. I think he just won DA against Gascon. I think he plans on running for attorney general in 2026 against Rob Bonta. And I think this is what he's. He thinks this is a winning issue.

[A]

Right. So he ran on Law and Order.

[B]

Correct. And so I'm not gonna be Gascon. Gascon wanted him out. Boom. Right.

[A]

So unfortunately, Timing is playing into this quite a bit in that you have a guy who goes, I'm all about law and order. And so if you're all about law and order and you have a high profile case, then you can't let those guys out if that's your claim and especially if you're running for another office.

[B]

And by the way, also starting to get the knock like Gil Garcetti, which is very astute of your crew here, lost asap. Rocky lost the resentencing of the Menendez brothers. Starting to get the rap. He can't win the big one. So he doesn't want to be Gil Garcetti. He's going to be tough and go up there and do whatever. But it's up to the governor now. I mean it's in his lap. It's also up to the judge, Judge Ryan, who's here in L A County, who's one of the great judges in the L A Superior Court. It's up to him. He's issued the habeas. So we've got, we still have two pathways here.

[A]

So can Newsom pardon them as he can.

[B]

He can give him clemency, which he should do. And everybody keeps telling me Newsom's not going to do it. He's going to run for president. We don't have to relitigate the 2013 Crystal Brain interview sitting not at this.

[A]

Table, but one like it.

[B]

One like it.

[A]

Yeah. So the thing that worries me about Newsom and the Menendez boys is I don't think there's anything Newsom will or won't do out of the whatever's good or cosmically. Right. I think everything's a calculation and he's decided to run for president and every move he's going to make is going to be to fulfill that dream of becoming president. And everything's a calculation. And the problem with it's sort of like network attorneys. Network attorneys only say no because there's nothing in it for them to ever say yes. So they just go no.

[B]

Right.

[A]

And you go why? Why can't we do whatever? And the answer is cuz if I say yes, I could get fired. But I say no, I'll never get fired. Then there's just nothing in it for me to ever say yes. And in a weird way that's kind of Menendei and the DA and the governor of like what's in it for them versus some potential downside. And unfortunately that's a calculus.

[B]

It should be due process. You should be able to say look, and I've said this and argued it once again, invoking Judge Jessick. One of the things he said when resentencing them is what really moved him were letters from correctional officers who live with these guys who said if they could come out right now, I'd let them live next door to me. I got no problem with it. And by the way, correctional officers want people to have an incentive. Right? Because the last thing you want is I'm never getting out of here. I got no hope. I'm going to go crazy and shank.

[A]

You right at this point. I really don't think there's any part of this that falls under the heading of pragmatism or numbers or calculations. It's just all about the system and politics and the sad part of our society.

[B]

It really is.

[A]

It's not even really about what's right or what's wrong or have they paid their debt or how did their family feel or how do the guards feel? It's just literally a calculation made by politicians for the next election.

[B]

And it really is infuriating in a way, because. Why, why, why wouldn't you, you know what these guys are going to do? It's clear to me what they would do. If you let Eric and Lyle out tomorrow, if he gives them clemency tomorrow, what is Eric going to do? You know, he's going to continue to work on the hospice program. He. In the prisons. That's what he knows. He's been doing it for 10 years. He's going to. He's going to expand it. Is that not a good thing? And Lyle is good. He's come up with this green space program. Like I said, I've been to R.J. donovan. It's an amazing thing, the mural and everything they're doing there. Don't we want to. I mean, 90 whatever percent of prisoners are going to get out. I want them to thrive when they get out. I don't want them to recidivate.

[A]

Right. Well, that is, you know, unthinkable that they would get busted robbing a liquor store, you know, two days after that. And we're in some weird. But you're sort of that with the city and the state. Like, I remember when I was remodeling a house a million years ago, my first home up in the Hollywood Hills. And it was literally 85 steps from the street to my front door. Like it's a long winding stairway hill home. And I was remodeling it, and at some point I blew out the wall in the bathroom downstairs or whatever. And the building inspector came by and he said, well, you can't replace the old 30 inch door. You have to replace it with a 32 inch door. And I knew the code and I said, yeah, why? Why does it have to be 32 inches? And he goes, wheelchair access. And I said, do you think there's any possible way someone in a wheelchair can get the 86 stairs up to this doorway? It needs to be 32 inches.

[B]

Yeah.

[A]

I said, for what? Wheelchair? I said, right. There's nobody who could visit this house or be in this home who was confined to a wheelchair.

[B]

It's an imposs.

[A]

Right. You might as well live on top of Pike's Peak in a wheelchair. It's not going to happen. Yeah, but the code. But that's the code. Homes.com. some might say homes.com is the best home shopping site. It may be homes.com's super comprehensive and transparent agent directory. Or Maybe it's at. Homes.com is the only site that always directly connects you with the listing agent who knows the home the best. Perhaps it's because homes.com has the most in depth neighborhood content of any home shopping site that's extensively researched to highlight the personality of each neighborhood. Well, I'm guessing it's all the above. Homes.com. they go above and beyond to bring home shoppers the in depth info they need to find the right home right away. Homes.com. that's homes.com. we've done your homework.

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[B]

I will have my vineyards.

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This is what I do. Fast food.

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[A]

You know, and so you deal with that, right? And.

[B]

And you outsource any kind of practicality.

[A]

Right.

[B]

You know what I mean? It's a version of the this is where you always have done it this way. Or it's just a lazy way of thinking. You don't have to really engage when you say it that way.

[A]

Also there's a part where. There's a part where you have. And I don't know what this is and what people have with it, but there's like an empathy part where like I'd go, so I gotta blow out this whole wall now and to get two more inches so that Hypothetically, someone with a wheelchair could get up there and they go, call me when you're done. And they leave, you know what I mean? And like I would be guilt, I'd be racked with guilt. If I was that guy. I would never do it because I'd put myself in their position. Like if I were whoever the DA or whoever the judge or not the judge in this case, but, but Newsom, like I'd be going, I'm having trouble sleeping at night knowing these two guys in their 50s are spending another night in a cot with a cement, cement ceiling.

[B]

You've got a 93 year old woman who's Kitty's sister and a 80 something woman who's Jose's sister who just battled both of them with health battles. What if they wake up? They don't wake up. I mean, God forbid it's going to happen and these guys are still in custody because there's some other calculation that'.

[A]

But drive me nuts. But there's many people who can do that.

[B]

I've said it for years. That's one of the reasons I remember when I was offered, they coming out of law school, offered a job as a district attorney and my dad had been a district attorney, as you know. And I just thought to myself, how can I prosecute people for stuff that I can see myself doing? And there used to be a judge who lived on a commonwealth in LA Canada, Judge Stromwell. And Judge Stromwald was an ex LAPD guy. I mean a hard law and order guy, but he used to always say when a DA would ask for prison time or jail time on somebody, he'd say, I would have done the same thing. Or I could see myself committing the same act. I'm not sending this guy to jail for it. Yeah, that was kind of a. Wow, that was revelatory.

[A]

Yeah, I know. It's funny when you talk to a woman and someone will go, I caught my boyfriend peeing in the shower and they all go so gross.

[B]

And I go.

[C]

Maybe he had a.

[A]

Couple of beers and he couldn't make it to the. No, it's gross. Yeah, but with the hot water, you know, that really kind of gets things moving, you know? I know. So, all right, we'll talk. And so like timeline of what's next.

[B]

I will be back here the minute I either hear from the governor who could give clemency, or Judge Ryan, who I'm hoping issues in order for an evidentiary hearing on the habeas and.

[A]

But what does that timeline look like?

[B]

It could Be any hour, any day.

[A]

But not seven months from now.

[B]

No, I think it'll be. We'll clearly have something. Well before.

[A]

You'll have a thumbs up or thumbs down in the next.

[B]

Absolutely. In the very near future. Within 30 days, I would say.

[A]

30 days.

[B]

Yeah.

[A]

All right. P. Diddy.

[B]

Yes.

[A]

And. Or Ron Jeremy.

[B]

P. Diddy. Let's start with P. Diddy. Okay, well, I'm gonna. I heard you talking when I came in here about people complaining and I haven't told you this story. Maybe I have, but not on air. I was thinking about. I watched Tenney, my daughter, who you've watched grow up. I watched her give the opening statement in P. Diddy's case. And I thought to myself, her great grandmother, my grandmother was in a orphanage, Turkish orphanage, after running around the desert in Syria being chased by Ottoman Turks, somehow escaped, somehow came to America and gave birth to my dad when she was either 14 or 16. She doesn't know how old she was. And now here her great granddaughter is trying cases at the highest level. And that's really. And by the way, whenever somebody complains about their life or what they're doing, imagine being in a Turkish orphanage, escaping and getting to America and being pregnant by 14 or 16.

[A]

Right.

[B]

I mean, talk about it kind of puts in perspective when you complain about your life or some issue, right?

[A]

Yeah. Yeah. You go to McDonald's, you order the 20 piece McNugget and they're out of the honey mustard dipping sauce and all they have is the barbecue and you fucking have a meltdown.

[B]

This is outrageous.

[A]

Why me? Why me?

[B]

Well, Diddy, there's going to be an interesting filing, I think next week, maybe Monday. The judge had ordered, he wanted to see a survey of all the cases anywhere in the US where anybody had been sentenced or convicted of a Man act violation. The man act is what you know. He was. Diddy, was famously acquitted of all of the serious counts that called for the RICO and the sex trafficking, but convicted of the Man Act. And he wants to see. I want to see all the sentences. I want to see what, what you convict on and what, what you get sentenced on. The Man Act. And every time I hear about the man act, all I can think about as I'm sitting here right next to Burbank Airport is go on a Friday, go tomorrow afternoon. I don't know when this drops.

[A]

Vegas.

[B]

Vegas, yeah.

[A]

Yeah.

[B]

How many of the people sitting at that Burbank airport are either going to have sex? Flying to have sex. So that's interstate transportation with somebody who may be paying for their flight and their hotel.

[A]

Mm. Right. In Vegas. Or vice versa. Back and forth, back and forth. Well, I mean, there always used to be this stripper flight, which is, you know, Thursday night, nobody knows what that is.

[B]

I'm in New York, and I keep talking to all of the lawyers on the legal team, and I said, there's a stripper flight. It's like, they must have a super shuttle from the Valley that goes and.

[C]

Drops Lava and Burbank.

[B]

And it's a stripper flight to Vegas, Right?

[A]

Yeah. Describe it. So the precedent thing, which is sort of. I think you can coach me up. We'll get back to Diddy. But it's like sort of the Trump thing with the real estate evaluations in Mar a Lago, and the banks got repaid, and there's no complaints. And I think. I think people are saying, when have you ever charged anybody with this thing?

[B]

Exactly.

[A]

Because it's never used. And I think you should be suspicious as a taxpayer when somebody goes, we're gonna use some statute that we never use against this one individual. It, of course, looks like lawfare, whether it's P. Diddy or Trump at that point, because you never use this statute.

[B]

I've been making this argument for virtually six months, and clearly, because I've been talking about that he should be pardoned or commuted by Trump.

[A]

He.

[B]

You know, and they've said, well. And I think Trump said it. President Trump said, well, he's made some bad statements about me. Yeah. But now guess what's happened. He's seen what you went through. He saw that bullshit case. And you and I talked about this endlessly. The lawfare against him. I mean, whether it was the Georgia case or the, you know, the. The classified documents case. I've gotten into so many arguments with Paulette about this. She gets so mad at me. They said, he's the fucking President of the United States. What are you talking about? Classified documents. I don't care if he's got them on his bathroom floor. Who is supposed to have classified documents if not the president? Who's keeping the classified documents from him? It's the dumbest prosecution of all time, except maybe for the no harm, no foul, the banks never complain, but we're gonna prosecute him in New York case, which, okay, I get you don't like Trump if you're the prosecutor, but you won't go out of your way to make up some mythical case.

[A]

Well, also, you should be disqualified from running for DA if you announce when you're Running for da. You're running to take down a certain citizen, whether it's Trump or whomever. You can't run on elect me and I'll find something and I'll take this guy down.

[B]

Which by the way is one of the great Soviet mantras. Find me the man, I'll find. Give me the man, I'll give you the crime. Or the other thing. When people start talking about it's a banana Republican, by the way, I'm on both sides of this. When Republicans were doing it to Democrats, I used to scream about it, I'm screaming about it now. You can't scream banana republic when you just use and torture yourself into finding ways to prosecute somebody.

[A]

So what's all right, I get the lawfare with Trump. The lawfare with Trump is we don't want him to be president, so we're going to do whatever we can to prevent him from being president. What's in it for them? And P. Diddy, I'll tell you.

[B]

So the person who brought that case was Damian Williams, who was the then U.S. attorney for the Southern District of New York. He then brought that case and the Eric Adams case, both case, he, everybody. At least the consensus was he was auditioning to be Attorney general for Kamala if she won. He rushed both cases right before the election, thought that was gonna be his ticket leaves office and what does he put on his website? I prosecuted the mayors and billionaires and that's kind of his promotion. So that tells you all you need to know.

[A]

Right? Cuz everything is motivation and you have to go back and go well again with Trump, it's super clear it's a hostile environment. Especially Manhattan New York. It's votes, 70% blue. They don't wanna be president, fine. That's their motivation. But this motivation is a sort of climb the ladder. Get some big name pelts up on your wall and have some recognizable names and build your resume.

[B]

That's what happens. It's a, this is, I've watched it for almost 50 years. Somebody goes to, they graduate from a great law school school, they get good grades, they work at a big firm so they can make a little money for two years. They then try to get into the U.S. attorney's office. They then want to get one high profile win, parachute out to go to a big firm, get a partnership and you're, you're made for the next 20 years. That's, that's a thing, it happens. It's been happening. I mean give me a prosecutor and I'll, I'LL cite it. Some exceptions, but that's what they do.

[A]

It just struck me. This is a weird thought, but you gotta stay with me on it. Tenney is gonna be like the movie Scarface, which is. Scarface doesn't have any black people in it, but it's the number one black film ever created. I think Tenney could be the number one black attorney without being black.

[B]

Except, you know what she just did? They just hired. You may have this if you Google it. The Alexander brothers just hired her. And you know how I know that? Because every guy that reads the Real Deal, the Alexander brothers were like real estate, reality stars or whatever.

[A]

Yeah, those guys. What happened?

[B]

They're in custody. Sex trafficking.

[A]

Oh, really?

[B]

Yeah.

[A]

Oh, she's working for them?

[B]

Yep. She just got hired. You think that's bad for the brand? That she should just kind of.

[A]

I don't see. It's kind of a weird thing. It's like, you know, it's like being the heel pro wrestling, like you have to lean into it.

[B]

Right?

[A]

You know what I mean?

[B]

I used to say, do you remember when those guys on 640 KFI.

[A]

Yeah, John and Ken. Right.

[B]

In the 90s and early 2000s, John and Ken. I was kind of there. I was the evil WWE guy. And they used to think that that was horrible for me, like. But it was the greatest publicity I could ever get. I mean, it was like, oh, if I get in trouble, who do I want to call?

[A]

Right?

[B]

Yeah, yeah.

[A]

So I mean, right, the saints don't get into trouble.

[B]

Exactly. I'm not here to audition for the Catholic charities, you know.

[A]

Right. So Tenney gets this highest profile case of the last.

[B]

I don't know, 30 years. 20 years.

[A]

30 years. I mean, crazy how high profile. Also something I do in my stand up bit. But I'm curious about it and I'll circle back. All I was seeing is really shitty sketches out of the inside of that courtroom.

[B]

Oh, my God.

[A]

And I don't for the life of me. Thirty years ago, we had high definition. Five camera shoots, well lit, with oj. Now we have another black prominent celebrity who's being busted. And we got a chick who used to work at Knott's Berry Farm with a piece of chalk, trying to bang it out. What is going on?

[B]

I've got a Disneyland portrait of my brother and of me from whatever that was 60 some odd years ago. They're great. And where is the Disneyland guy?

[A]

Because he's better than. All right. But why can't they have cameras in that courthouse?

[B]

Because it's federal.

[A]

Federal. No cameras.

[B]

No cameras. And.

[A]

And OJ Wasn't federal.

[B]

It was state. And they would do it and they would allow it. But what is the difference?

[A]

What would they say? Like, if I said to the Feds, how come they.

[B]

They would say it's beneath the dignity of the federal court? There's never a good answer. Because you can. They now have film in the Ninth Circuit, which is federal, which is the circuit court of appeal. You can watch arguments which are people standing at a podium. Doesn't hurt. You can listen to the U.S. supreme Court. I do that all the time on C Span for arguments. But you can't do it in the district court. It makes zero sense.

[A]

So federal district, no.

[B]

No cameras, no audio.

[A]

And I guess it's not much of an appetite. No one's gonna run on that platform.

[B]

But who's gonna say it? Except, you know, it's one way. I always feel like eventually it will happen.

[A]

Is it possible that the courtroom sketch union is powerful and controlling the coffers, you know, not contributing money?

[B]

So the guy that I think is the best sketch artist still alive in his 90s. I just saw him in May. Bill Robles. Bill Robles is. If you call up his sketches, I buy them. They're works of art.

[A]

Oh, really?

[B]

Yeah.

[A]

Like what? What? What?

[B]

He's done famous. He's done every famous case. In fact, I think he should do a book or he should do. I mean, I may. La Mag. We may do something where.

[A]

Bill Robles.

[B]

Bill Robles. Unbelievable.

[A]

Oh, wow. Yeah.

[B]

Yeah. Look at him. I mean, look at this. Yeah, yeah. Now, that's what you want, right?

[A]

I mean, all I can tell you is when you see the sketch and you know who it is, that's the ultimate compliment. Thank you very much.

[B]

Yeah, I mean, he's an artist. He's clearly. I mean, an artist in the truest sense of the word.

[A]

The one I thought was funny is when they had Jane Doe come up and take the stand in the Diddy trials. And the sketch artist felt compelled to draw her, but smear out her face.

[B]

Exactly. And then one of the sketch artists admitted that she was making Diddy look a little evil. I don't know if you've got that.

[A]

Diddy didn't like looking old or something.

[B]

Yeah, there you go. Well, that's actually one where he looks happy, but it doesn't even remotely resemble him.

[A]

All right, so that's a huge case. Now he's still incarcerated, right?

[B]

Still in custody.

[A]

How long has he been in custody?

[B]

About Almost a year to the day.

[A]

Almost a year to the day. Is it a situation where. And you tell me, all right, you tell me this, I'll give you an example. You tell me this. There's a house. And the house. They did a magnificent job of staging the house and photographing the house. And it was magnificent, but it was much nicer than the actual house. But it looked great, like a date site where the woman takes a picture of herself 15 years earlier.

[B]

You say, wow, this looks great. I saw one yesterday, a woman. I looked at her shot online and I just done a zoom, and it was virtually unrecognizable.

[A]

So now, even though it seems great that you staged a house and took great photos of it, when people come to the open house, they look around, they're a little disappointed, they don't buy the house. So you actually did too good a job. Is there a prosecution where you just get over your skis, you try to go for the brass ring? You may have gotten a lesser count on something, but you went for the big one. And it didn't work because people went, no, that's not what this is.

[B]

Look, I got. I got excoriated by His Honor for calling the prosecutors a six pack of white women. And he thought that was totally, wildly inappropriate. But I will tell you that what I. And I'll tell you one other story right as the trial ended was a Friday, and I'm walking from my office in New York down to where 10 lives, maybe a mile and a half walk on a Sunday. It was Pride Day, and it took me about three hours because every street's blocked off.

[A]

Yes.

[B]

And as I'm walking there and I'm thinking about these videotapes of Diddy and Cassie and the escorts in the room, which are kind of tame and.

[A]

Tame in that you've seen them.

[B]

Yes. And.

[A]

And why do you get to see them?

[B]

You want to see them? You sound a little jelly. You sound a little jelly. So I'm going to tell you this.

[A]

They're a little tame.

[B]

They're tame?

[A]

Tamer than what? The imagination?

[B]

I'm going to tell you. This is what my first reaction was. There is more wild stuff on the streets of New York on Pride Sunday than there is on those tapes. And I think at a certain point that if you have people who are. So. They took such a shot, they tried to take away this guy's life, tried to take away all of his assets. You know, RICO was basically his net worth rolling the dice. And then they thought, oh, we got These tapes. Oh, he's taping. Well, they found the tapes, or a lot of them in Cassie's possession. She turned them over, and then they found, speaking of Jane Doe, some of them from her. And, well, why do they have them? You know what I mean? And so I could speculate, but the fact is they went for it. And now I think they're sore losers. I think the government are sore losers in this case. I think they. The. The idea that they're arguing to keep him in. And now they want five years or six years or whatever it is that they keep saying in court. You took your shot, you lost.

[A]

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[A]

Well, ultimately, what would they say? I mean, what did he do? Like, I think a lot of it does mirror the trump kind of warfare sort of lawfare thing and that. You go, you know, you hear people going, he said 34 counts of whatever.

[B]

Exactly. Felon. 34 counts. Half a billion. Whoops. The half a billion just got reversed. 34 counts. Whoops.

[A]

He.

[B]

You know, it was a nonsensical. It's not really a conviction.

[A]

Yeah, I don't. I don't. I think most people are confused. Like, they don't really know, other than being what they would consider a scumbag. Well, that's true. They don't know what he did legally.

[B]

And everybody says, I saw the tape, the intercontinental tape. Well, by the way, that was in la. That wasn't in New York. And by the way, the statute of limitations had already run. And by the way, there wasn't a single domestic violence count that he was tried on. So prosecution by proxy. I mean, what are you doing here?

[A]

Right? So what are you doing?

[B]

So you may not like him, but guess what? Back then, when he committed that act, it would have been charged as a misdemeanor in la. That's the reality of it.

[A]

Right. And also, everyone hated me, but I was like, whatever he did to her was called a Tuesday for me growing up. Like, my friends would have thrown me. I got put into a coin laundry dryer and shut the door on me while I spun around and around crying to death.

[B]

I just did the high school reunion and we were talking about one of the guys there. We used to tape him, tie him up or put tape around him and throw them into the locker. Remember that? Or you do the swirly. I don't know if you remember. Yeah, the toilet head first and then the swirly.

[A]

Well, so what are. So what is Diddy? What's the timeline on diddy?

[B]

And then October 2nd will be the sentencing.

[A]

And then what are they charging him with?

[B]

He's been convicted of two counts of what's called the man act, which was originally used against Jack Johnson, who was the boxer with a white underage. Also against Chuck Berry, you know, who was acquitted of man act. Charlie Chaplin.

[A]

Yeah, that makes sense.

[B]

Yeah.

[A]

So literally, tell me if I'm right or wrong. I say, listen, I got a buddy, he lives in Nevada, he's, you know, he's kind of. Guy can get a boner pretty easily, and I'm gonna fly him out to LA for a party of mine and we can sex down some of the ladies and I'll hang out.

[B]

Yeah, you just. Arguably, man act. Yeah. You're having commercial. You're doing commercial transportation for the purpose of sex. That's man act. It's a frightening prospect when you think about it.

[A]

Well, it is in that anything that anyone. Well, first off, anyone, as you'd said about the former prosecutor used to live on Commonwealth. If anyone could have done it at any particular time, then, yeah, it's bad. But I mean, it's sort of a lot like a lot of the MeToo stuff, which is if anyone can get accused of anyone and thrown out of college without a hearing or whatever, now we're getting to some scary or. Well, and slippery slope.

[B]

The idea also that you can just, oh, okay, now we don't like what we did then, so now we're going to criminalize what you did then under our standards now. I mean, that's a. That's a. Also a frightening process.

[A]

So what are the predictions with him?

[B]

I. Look, I think the fact that His Honor asked for a survey of all the cases is not a good sign.

[A]

For the prosecution, because while the Mann act may have been implemented or prosecuted over the last several decades, let's say those things would involve, like, Mexico and child trafficking and whatever. Wouldn't involve hookers coming in from Vegas.

[B]

I mean, the original idea of the Mann act was they didn't want young, rural women being transported across state lines. White women. Women.

[A]

Right.

[B]

Was kind of the. It was called the White Slavery act before. Man act is not after a man. It's after a politician whose last name was Man.

[A]

M A N. Oh, didn't know that.

[B]

So the man act has been. It's actually almost rarely used, which is one of the reasons you can't find that many cases where it is. But when it is used, rarely does anybody get substantial time. And it's usually as kind of a leverage or a catch. All you. You know, if you can't find somebody, the Al Capone theory on the actual acts, and you think he's a bad guy, you go for tax. You know, that's kind of the. The. I think one of the Supreme Court justices called it the. The lazy prosecutors fallback position. This. I think the man act is being used inappropriately, and I just think it's. It's a. It's time for the prosecutors in this case to just say, okay, we tried, we lost, go on our way.

[A]

And he falls under the heading of the menendi, which is, I don't know what danger he poses to the public at will.

[B]

Exactly.

[A]

Which is zero. You should just let him get back to paying taxes, because he's an earner.

[B]

And he's gonna come out. He's a real earner. I mean, this is a guy who not only earns, but is creative and iconic and gets and understands stuff.

[A]

Yeah. So he looks like he's gonna do.

[B]

I think he's gonna do just fine. I think that, though Chapter three for Sean is gonna be good.

[A]

And that'll be beginning October.

[B]

October 2nd.

[A]

And does he have any recourse? Is he going to try?

[B]

I mean, stay tuned.

[A]

Oh, yeah, because.

[B]

Stay tuned.

[A]

Because it. Now, I know there's a lot of things in place where you can't sue. I can't sue Gavin Newsom for letting my neighborhood burn down, even though we should be able to. But you can't do it.

[B]

It's a governmental immunity.

[A]

Right, right, right. So there's that. But on the other hand, these guys come in and completely destroy your world for X amount of years, not to mention the jeopardy of being in prison for the rest of your life. And then at the end, they go, oh, that was our mistake. Or I guess we didn't have enough.

[B]

Yeah, sorry about that. You know, no harm, no problem.

[A]

Have fun gathering up the pieces of your life.

[B]

Exactly.

[A]

And so it seems like there should be some recourse for that.

[B]

Well, there's, like I say, stay tuned. There's been just yesterday, I believe, as we sit here, the Sheri Tremonte firm. Michael, who's a great lawyer, civil lawyer on the east coast, just got a dismissal of a number of the cases, got a great opinion, and I read it this morning, a number of these cases, all these bullshit cases are getting dismissed. And so I think he's going to go on the offensive. I'll just leave it at that.

[A]

All right, well, you'll keep us posted. And Tenney is going off to go with the Realtor brothers.

[B]

Correct?

[A]

Got into.

[B]

But I'll tell her, I'll tell her that you think that might be off brand. Although she would say, you know, sex trafficking is the new. The new normal. She'll probably club me like a baby seal when she listens to this.

[A]

I think there is a difference between a woman lawyer going to bat for these male pariahs, for lack of a better term, at least in terms of society, versus a big straight armo dude like you.

[B]

I think there's no question about that. I think that you've only got an audience of jurors. You know, you can say, oh, I'm playing for this, or I'm playing. No, your audience is the jury. And if you're a female, and that's why I don't think the prosecution ever recovered from her opening statement. I've said that before. I sat there, I watched an opening statement. She talked about what was happening there in a way that was so authentic, was so real, and, and talked about, hey, these women who come in and start, you know, to, to your point, Just now, who say, I'm going to app standard in retrospect, I didn't have agency in retrospect, you know, how much was my body worth? Things like that. She said these women were. They knew what they were getting into. They were there for a reason. They were getting a payday. And now they're going to come in here. Nobody went to the police, nobody complained until the prosecution went to them.

[A]

And Cassie got $20 million.

[B]

Well, yeah. And then if you can believe the Intercontinental, that they got 10 million from the Intercontinental Hotel. I mean, that lawyer should be embarrassed.

[A]

So the. Well, but also what I was talking about is, optics wise, I don't think Johnnie Cochran would have been good for this.

[B]

No.

[A]

In fact, your daughter would be much better for this in terms of making this case to the juror.

[B]

Yeah. You know what Johnny Cochran's last criminal case was? Last criminal trial. Did he. That was the last case he tried, the J. Lo shooting.

[A]

Oh, really?

[B]

Yeah, With Ben Broffman. That was his last trial.

[A]

Yeah. I feel. I feel like the times and the winds have changed and you want somebody like Tenney. Some of it's a physicality, some of it's just like literally what they look like. But it's a gender thing in there as well and an ethnicity thing as well. I just think she's good for that. The last one I want to ask you about, because this one is interesting and I don't know if you have any thoughts about it, but there's that Indian truck driver who got his truck driving license from California and then he went to Florida and then he made a U turn in a semi truck and then the minivan plowed into it. Right. And I was kind of thinking about you and your take on this. Now, Pam Bondi and all the MAGA folks are like, lock them up and throw away the key. I'm sort of like, he made a U turn, which was not well timed, but he made a U turn. That was really what he did. There are scenarios where you make a U turn and there's no minivan full of people that hit your truck.

[B]

Exactly right.

[A]

And so the same guy. Or you and I could make a U turn a hundred times and then just drive away. Or you could get terribly unlucky and somebody driving a minivan could plow into your. Your semi truck and kill the family. All right, so there's a few things. One is, as much as MAGA country wants him to put him in a hole and never let him out, I don't really look at this as that. I look at it as a guy who probably shouldn't have had a truck driver's license but a little more, that's more in the sanctioning body than him. I mean whoever gave him the license is really one that needs to be talked to. We can show the clip but also the person and I said Mark would do this. Mark would want to get the cell phone of the driver and see if they were texting. Mark would want to.

[B]

Absolutely.

[A]

Because it doesn't appear to me that the person even touched the brakes. It looks like they just plowed into this car. That person would have had a minute worth of heads up of this semi truck turning and didn't even appear to apply the brake. Now let's not make the victim the criminal here but if you are representing this driver, what is your argument?

[B]

You know me well, I mean that's a different. Look, I've talked about this before with you. The law, the way it's developed in the US is you have to have for crime the actus reyes which is the Latin for the act itself. And that's the act itself as you just saw. But there's also the mens rea, the mental state. And there are variations in a mental state. I want somebody who is, you know, cold blooded or kind of mentally ill to be in a different category than somebody who is a, it's a, it's a negligence or it's a gross negligence. That's why we have those gradations of a mental state. And if you don't have that and you're going to say if it involves death, therefore there's only one result, you're going to have inherently unfairness and it's not going to be equitable.

[A]

How would you handle the delicate subject of saying the driver had a part to play in this if that person was alert and looking forward and just applied the anti lock brakes soon as they saw that truck making a U turn they probably wouldn't have made contact with.

[B]

I've had this countless times and you have to just make the case and you have to show you know there is an apportionment. We have an apportionment. We don't say you don't. There isn't strict liability, it isn't where you have an accident, somebody dies and you strictly are liable for murder one. That doesn't happen. You have to apportion it. You have to see who's fault at fault and you do a comparative analysis and that's just the way it is. Otherwise you're always going to have these kind of crazy situations right here where how is that guy the same degree of culpability as the Ray Carruth guy? Ray Carruth guy.

[A]

Right. But do you have to sort of front load it by saying, you know, look, you know, our sympathies go out to the deceased always.

[B]

You can't just check your humanity. I mean, it's horrible. I mean, there are cases that are horrible that come in and you say, I don't want to deal with this, but if it's somebody and you feel that you have to, you do it. I mean, that's part of the role of a lawyer is just because you may get people throwing crap at you because you're doing something that's unpopular doesn't mean you don't take the case. And that's the under 6,006. 8 of the business Professions Code. That's the law.

[A]

In that case, did it look to you like the person applied the brake at all?

[B]

No, and I didn't understand it would.

[A]

Assume to me that they were looking down or texting or something in a millisecond.

[B]

I can't figure out what happened there because it's.

[A]

It looks dry. But I. And we saw the last 10 seconds of it. But you would have seen this truck come around. Like it's a big. It's 80 foot long.

[B]

Right. And I, you know, but you don't. Part of the problem is in defense of. Of the driver of who the deceased is. It's hard. Well, you know this better than anybody because you've got cameras in your. In race cars when you, when you drive. I look at. I was just looking at the one you just did. You just sent me. That to me is frightening as you driving, but I'll bet you it's not frightening to you.

[A]

No. Because you feel in control of. If you're in the passenger seat, you'd be right. When there isn't a passenger seat. But if you're in.

[B]

Well, I'm in the passenger seat when I'm watching your video. Right?

[A]

Yeah. And so you're controlled. But I do sort of look at it through the eyes of someone who operates a car, which is. If I saw in the distance this guy coming around, I would immediately you'd break or you'd go, right, right, right. Something. I wouldn't just literally stay in the fast lane and go right into the belly of the thing. And again, I wouldn't, you know, blame the deceased. But there was something that we're missing in this equation.

[B]

And I don't know if it was the optical. I mean illusion in the sense that it's tough to see the vantage point of the car. You're only looking at one vantage point. I would have to see. See the other.

[A]

Yeah. Well, either way, I was just sort of thinking about how if you were defending, let's just say the guy was armo instead of Indian and you felt kind of.

[B]

Well, you know, I've got, I've got a Indian son in law, so.

[A]

Oh, all right.

[B]

Yes.

[A]

Yeah.

[B]

Yes.

[A]

But he can get Tenney to get him out of hot water.

[B]

Exactly.

[A]

He's a troublemaker too, so he's gonna get into trouble. So what are you working on?

[B]

I've got Menendez all the time. I've got another case that has not percolated yet that will, I'm hoping, doesn't that you will not hear about. And I've got a. Some.

[A]

Somebody high profile.

[B]

Yes. I'm going to high profile where somebody's in the crosshairs.

[A]

Uh huh. And if you guys can figure it out.

[B]

I think we're going to figure it out.

[A]

So you'll never know and hear about it. Exactly. Until I get you drunk at the Christmas party.

[B]

Exactly.

[D]

Right.

[B]

Little Don Julio. And then the truth serum.

[A]

All right, Mark, where should I tell people to go if they want to find out more about you and listen to the podcast.

[B]

Yeah. Reasonable Doubt or Two Angry Men with TMZ and Harvey and LA Mag or Garrigus.com?

[A]

You can go to AdamCarl.com, i'll be in Charlotte doing shows on the 6th of September and then El Paso and Albuquerque. You just got AdamCroll.com for all the live shows. Until next time, sign for Rudy Pavich and Mark Garriga saying Mahala. You can leave us a voicemail at 888-634-1744 and get tickets to see the Ace man at AdamCola.com.

[D]

Just when you thought summer couldn't get any hotter, Pluto TV is turning up the heat with thousands of free movies presenting Summer of Cinema. Stream your favorite blockbuster films like Gladiator. I will have my vineyards, Good burger.

[B]

This is what I do.

[D]

Fast Food, Beverly Hills Cop, the Girl with a Dragon Tattoo and Julian Julia Bona Petite all for free on your favorite devices. Pluto TV Stream now pay Never.

[B]

Foreign.

[D]

Just when you thought summer couldn't get any hotter, Pluto TV is turning up the heat with thousands of free movies presenting Summer of Cinema. Stream your favorite blockbuster films like Gladiator. I will have my vineyards, good burger.

[B]

This is what I do.

[D]

Fast food, Beverly Hills Cop, the Girl with a Dragon Tattoo, and Julian Julia. All for free on your favorite devices. Pluto TV Stream now pay Never.