Diddy’s Leaked Legal Call, Witness Faces Arrest in D4vd Case, and Brian Walshe Shocks with No Defense

Summary

MK True Crime Podcast Summary

Episode Title: Diddy’s Leaked Legal Call, Witness Faces Arrest in D4vd Case, and Brian Walshe Shocks with No Defense
Date: December 12, 2025
Host: Mark Eiglarsh
Guests: Mark Garagos, Matt Murphy

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Overview

This episode dives into three headline-grabbing true crime stories:

• The controversy and implications behind the leaked attorney-client phone call featured in 50 Cent’s Netflix documentary The Reckoning about Diddy.
• The intensifying legal developments in the D4VD criminal case, spotlighting the grilling of a key witness and potential witness arrest.
• The shocking legal strategy in the ongoing Brian Walshe murder trial, where Walshe put on no defense and declined to testify.

The panel—veteran lawyers with deep experience in high-profile cases—offers expert analysis, inside perspectives, and no-holds-barred discussion.

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1. Diddy’s Leaked Attorney-Client Legal Call in Netflix Doc (The Reckoning)

Segment Start: [01:01]

Key Discussion Points

• Documentary’s Impact and Leaked Footage:
  The panel discusses the Netflix doc produced by 50 Cent, featuring a previously private argument between Diddy (Sean Combs) and his lawyer, Mark Agnifilo. There’s shock and controversy over how the footage was obtained and aired.

• Attorney-Client Privilege Concerns:

  • Mark Garagos clarifies he’s not the lawyer in the video, though he’s previously represented Diddy for decades.

  • Garagos describes the horror any defense lawyer feels at attorney-client conversations being public, referencing his own experience with the Michael Jackson case and a $25 million privacy judgment.

  • Discusses the “absolute bar” that’s supposed to exist around these conversations:

    “Aside from the fact that it shouldn’t be in anybody else’s hands, because as a defense lawyer, the most sacred thing in the world is that you have an unfiltered, absolute bar discussion with your client.” — Mark Garagos [05:02]

• Possible Waiver of Privilege:

  • Matt Murphy speculates that any recording by the client in the presence of a videographer amounts to privilege waiver.

  • Wonders why a criminal defendant would willingly record themselves in a case this serious.

    “Who in their right mind records themselves talking to their lawyer about a case this serious?” — Matt Murphy [07:20]

• How Did Netflix Get the Footage?
  The team debates whether a payment dispute with a videographer opened the door, with Netflix defending its source protection and legal review.

• Celebrity Defendant Dynamics:
  Garagos rails against the “celebrity lawyer” label and the complexities of handling ego-driven, high-profile clients as contrasted with regular criminal defense:

  “Being called a celebrity lawyer is almost like calling me a motherfucker. … Most of my practice is not celebrities.” — Mark Garagos [10:11]

Notable Quotes and Moments

• Satirical banter about the “Mark sandwich” with two Marks and Matt on the panel.

• Garagos’ sharp advice:

  “My father used to say they didn’t teach the care and feeding of celebrity clients in law school.” — Mark Garagos [11:40]

• Discussion of Netflix legal clearance; Murphy is confident they’ve minimized liability.

Timestamps for Important Clips

• Diddy/Agnifilo leaked call clip: [04:17]
• 50 Cent’s take on Diddy’s reaction: [15:05]
• Analysis of Capricorn Clark and Cassie Ventura’s testimony: [18:02]

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2. Jury Responses to Diddy’s Trial and Testimonial Contradictions

Segment Start: [17:04]

Key Insights

• Juror Perceptions:
  The panel dissects surprising feedback from jurors who viewed some accusers’ testimonies as confusing or ‘performative,’ especially regarding claims by Capricorn Clark and Cassie Ventura.

  “Juries are very good at sniffing [performative testimony] out.” — Matt Murphy [20:18]

• Challenges in High-Profile Federal Trials:
  Garagos laments the lack of cameras in federal court, which filters the story through potentially biased intermediaries and producers with “an ax to grind.”

• Limitations and Risks of Public Opinion:
  The three agree that “there’s no such thing as a slam dunk” in jury trials, and that high drama may play differently on TV versus in court.

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3. D4VD Homicide Case: Witness Intimidation and Grand Jury Drama

Segment Start: [24:48]

Key Discussion Points

• Witness Under Fire:
  The president of D4VD's touring company is grilled by a prosecutor in front of the grand jury—details typically kept secret but leaked because the witness spoke to the press.

• Legal and Moral Obligations:

  • Garagos admires the prosecutor’s tenacity, predicting disaster for any witness unable or unwilling to withstand her questioning.

  • Murphy clarifies there’s no strict legal requirement to call the police, but highlights potential for accessory charges, and the broader “human obligation.”

    “I am hardened to hear that [the prosecutor] is going after that guy because, as a resident of LA … F you buddy. You do have to report it to the police. Maybe not a legal obligation but a human obligation.” — Matt Murphy [27:08]

• Grand Jury Secrecy Breached:
  The panel collectively denounces the leaks, noting grand jury proceedings are intended to be secret.

• Predictions:
  Both lawyers believe indictments are imminent. Garagos predicts multiple people will be charged.

  “Oh, there will clearly be an indictment … I would lay some heavy money there’s going to be an indictment. … I think it’s going to be more than one person.” — Mark Garagos [28:40]

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4. Brian Walshe Murder Trial: The Empty Defense Table

Segment Start: [32:29]

Key Points

• Case Background:
  Brian Walsh is on trial for allegedly murdering his wife, Anna. He’s already pleaded to misleading police and disposing of a body, but pleads not guilty to murder. The defense claims Anna suddenly died and Walsh panicked, never reporting her death and “conveying” (dismembering) her body.

• Defense Shock: No Testimony, No Witnesses
  The panel analyses the “slow plea” strategy, where the defendant doesn’t mount a defense, recognizing the very limited possibility of acquittal.

  “This is what we used to call … a slow plea. That’s what this case is. They can’t plead in Massachusetts to this charge, so … they have to go through the motions.” — Mark Garagos [34:07]

• Prosecutorial Angle:
  Murphy argues the defense overcommitted to an unsupported sudden-death narrative, instead of offering the jury a plausible lesser charge, like passion killing (manslaughter):

  “The problem with going all in on this totally unsupported theory … [is] you put the jury in that position where they’re making a call between first degree murder or nothing.” — Matt Murphy [36:14]

• “No Body” Prosecutions:
  Murphy shares wisdom from his mentor:

  “The jury can always see the soul of your victim reflected in the eyes of those who loved him.” — Matt Murphy [41:04]

• Consensus Verdict?:
  All agree the evidence points to a first-degree murder conviction.

  “He’s gonna eat first.” — Matt Murphy [43:06]

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5. Listener Mailbag: Utah Father Charged After Kids Injured During Hike

Segment Start: [44:17]

Key Points

• The Case:
  A Salt Lake City man took three young children on a treacherous hike; they ended up hospitalized. Initial sympathy shifted to suspicion as facts came out, including possible intent and concerning video evidence.

• Prosecution vs. Defense:

  • Garagos argues these cases are often over-criminalized, and not all parenting mistakes equal criminal conduct.

    “No, this should not be a criminal case … The idea of attaching criminal liability is just a bridge too far.” — Mark Garagos [45:35]

  • Murphy pushes back, noting alleged intent, the father's troubling history, and video evidence showing potential awareness of risk:

    “He was walking into a house with a ski mask on … this dad has some issues. … The more I looked, the worse this appears.” — Matt Murphy [45:43]

  • Panelist banter as they mock each other’s legal hypotheticals and framing of the facts.

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6. Closing Arguments

Segment Start: [53:31]

Matt Murphy: “Toxic Empathy”—Release Laws Gone Wrong

[53:54]
Murphy argues that “compassionate release” and “toxic empathy” in law can have dire consequences. He recounts the case of Douglas Hopper, a serial sexual predator repeatedly released only to offend again:

“There’s a certain percentage of the population, guys that are absolutely predatory down to their bones … For certain offenses, they are not eligible for this compassionate release program. … It is not right.” — Matt Murphy [56:23]

Mark Garagos: Human Change and Second Chances

[57:57]
Garagos counters with the Menendez brothers, advocating their full rehabilitation and arguing compassionate release can and should work for some:

“For every one of these … victims Matt has prosecuted, there are guys who turn their life around, and they are prime examples.” — Mark Garagos [58:22]

Mark Eiglarsh: On Donating to Defense Funds

[59:46]
Eiglarsh is shocked by the $1.4 million donated to an accused murderer’s defense fund, asking listeners to consider their charitable priorities:

“I find it disturbing. I find it disgusting. Totally your right. However, those thinking about it moving forward, all I’m asking is that you consider another charity.” — Mark Eiglarsh [61:24]

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Notable Moments, Quotes, & Panel Chemistry

• Frequent playful bickering, especially over legal philosophy and the distinction between criminal defense and prosecution work.
• Consistent references to legal practice experience, particularly with high-profile and “celebrity” cases.
• Satirical touches (e.g., “Mark sandwich,” running gags about who gets closing arguments first).
• Strong advocacy for the jury system—its ability to “sniff out” unreliable testimony.

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Segment Timestamps (Highlights)

• [01:01] – Introduction and today’s topics
• [04:17] – Playing leaked Diddy call from documentary
• [07:20] – On attorney-client privilege and recordings
• [15:05] – 50 Cent’s thoughts on whether Diddy will like the documentary
• [18:02] – Panel analyzes surprising juror reactions
• [24:48] – D4VD grand jury, witness faces questioning/arrest
• [32:29] – Brian Walshe trial, no defense, legal strategy analyzed
• [44:17] – Listener case: Utah father charged after kids injured during hike
• [53:31] – Closing arguments: Murphy, Garagos, Eiglarsh

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Conclusion

For listeners, this episode of MK True Crime delivers expert commentary on legal ethics, high-profile trial strategies, and emerging trends in criminal justice, all shaped by seasoned courtroom and media experience. Panelist chemistry, unrehearsed perspectives, and real-world legal insight make it a compelling listen—even (or especially) for those who missed the episode.

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For more legal deep-dives, submit your questions to the MK True Crime mailbag!

Transcript

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[Mark Eiglarsh]

Welcome to MK True CR Crime. I'm Mark Eiglarsh, your host for today. I'm a former prosecutor, veteran criminal defense attorney, adjunct law professor, author and avid pickleball player. Here's what's on the docket today. We're going to talk about the 50 Cent produced documentary that is a hit on Netflix all about Diddy. We'll see never before seen footage between Combs and and his lawyer that we all are talking about. And there's new players in the David case. That's D4VD for the youngsters that have really revealed through a grand jury investigation. Things are getting very interesting in that case and we're going to bring you the latest on that. And also Brian Walsh, the man on trial for the murder of his wife. He decided not to testify and not to call any witnesses. I'm eager to hear what what my fellow panelists think about that move. I'm joined today by two all stars. We've got some great MK contributors. First we got Matt Murphy, who's a former homicide prosecutor and author of the book the Book of Murder. And also Mark Garagos, who just started practicing law yesterday and knows very little about the criminal arena. He's actually a criminal defense attorney to the stars and I am really, really honored to be here with you guys and to hear your thoughts.

[Mark Garagos]

I'm honored that we got Murphy here. You know, I mean totally, totally.

[Mark Eiglarsh]

It's a. It's a Mark sandwich with a little mat in the middle. I like it.

[Matt Murphy]

I'll take it.

[Mark Garagos]

Where's Luke and John? And 2 marks and a mat are good.

[Mark Eiglarsh]

Don't make a right. Yeah. All right, so let's talk.

[Mark Garagos]

Speaking of Mark.

[Matt Murphy]

Mark. Yes.

[Mark Garagos]

I want to clear up something, please.

[Mark Eiglarsh]

Yeah.

[Mark Garagos]

I have represented Diddy for many years in the past, and in that documentary by 50 that you mentioned.

[Matt Murphy]

Yes.

[Mark Garagos]

Screaming at a mark. And if you listen, it's not my voice. I'm. But it is my daughter's partner, Mark Agniphilo. So. So that you know, he's screaming at Mark Agnipolo. I just want to set that up because I've got a lot to say about it.

[Mark Eiglarsh]

Great. Let's set this up. For those who don't know what Netflix is, let's welcome you to the new world here. It premiered on December 2nd. It's called the Reckoning. I didn't want to see it. I've had enough of Diddy. Right. But I'm glad that I did. My 19 year old son said, dad, you gotta watch this documentary. I really learned a lot. And it's actually very well done. It's produced by rapper 50 Cent, whose real name is Curtis Jackson. And by the way, 50 Cent is also known in Zimbabwe as $300 million. There is footage in that documentary between Mark Agnifolo. How do you pronounce it? Garagos. Is that right? I couldn't believe it. You know, you see Diddy talking with Agnifolo. Um, let's play that clip. And then I want to try to get an idea of why the hell that happened.

[Matt Murphy]

Okay?

[Mark Eiglarsh]

That's SOT number 18 nuclear bombs.

[Mark Garagos]

You know, I'm saying straight to the head.

[Matt Murphy]

And I'm tired of. I'm tired of going back and forth.

[Mark Garagos]

With y', all with the lawyers.

[Mark Eiglarsh]

That's.

[Matt Murphy]

That's just not true.

[Advertisement Voice]

Okay? So, so, so, so, so, so.

[Mark Garagos]

No, no, no, no, no, no. Let me, let me tell you something. Let me, let me, let me say this. I'm not. I'm not. I'm not a referee.

[Matt Murphy]

So I'm gonna get off the phone right now.

[Mark Garagos]

Listen to me. I'm gonna get off the phone right now, and I am going to let you professionals look at the situation and come back to me with a solution.

[Matt Murphy]

No matter what.

[Mark Garagos]

No matter what. Nobody said let's.

[Matt Murphy]

Let's just here and there, y' all.

[Mark Garagos]

Are not working together the right way. We're losing. All right?

[Mark Eiglarsh]

Garrett goes. How the Hell does that happen? Why does that happen?

[Mark Garagos]

So look, I have, like I said in full disclosure, I've Rep. Sean, for what seems like decades, probably is decades, I've had famously many rather high pitched discussions with him. I don't know the provenance of this tape, but I will tell you that aside from the fact that it shouldn't be in anybody else's hands, because as a defense lawyer, the most sacred thing in the world is that you have an unfiltered absolute bar discussion with your client. Especially there. Because in retrospect, as you look at that, that is days before the arrest and I know everybody is now talking about it after the fact because Mark Agnifolo, I've often said did a masterful job in quarterbacking that trial and saved his life and his fortune. But this happened to me once, 25 years ago when I surrendered Michael Jackson. I had private jet that was scrambled to take him to Santa Maria. The next day somebody called me, I think it was Greta Van Suster and called me. She was still on cnn. Said somebody shopping it for a million bucks, they had put a pinhole camera in the private jet on her way. I ended up suing and making getting a judgment for 25 million, although some court of appeals justice reversed it, saying she didn't think that a camera of me or between me and a camera was worth 25 million.

[Mark Eiglarsh]

I get that. Yeah, that's fair.

[Mark Garagos]

I was, I did get a superior court judge to issue a restraining order because it's inviolate. It's the attorney client privilege.

[Mark Eiglarsh]

Of course, of course.

[Mark Garagos]

I don't know what happened here. I don't know how it got into the hands of Netflix. I saw the letter that Michael Tremonte, who's one of the best lawyers in this space, wrote for Diddy to Netflix. But yeah, it's a hard lift after it's be out there.

[Mark Eiglarsh]

Let me ask you this, Matt. Do you think that his attorney Agniphilo knew that he was being recorded and do you think there's some benefit to that video being out there?

[Matt Murphy]

I don't know, Mark Agnifolo, but I can tell you there's no way, Mark, there's no way any lawyer is going to allow himself for all the reasons Marcus said, to be recorded by his maliga narcissist client. Sorry, Mark, but who in their right mind records themselves talking to their lawyer about a case this serious? So when I, when I first heard about this tape, I was thinking, my God, was the lawyer actually in there? And it actually was heartening to me to know that this, that Mark Agniflo is actually just on the phone. So I can't. I cannot even entertain the idea that any lawyer, especially not one as good as Mark Agnipolo, would. Would knowingly engage. And, and I want to add one more thing to that. I think he came off pretty good by pushing back against Diddy and saying, hey, man, that's not true. I haven't seen the whole documentary yet. It's something I watch during the holidays. But I got to tell you, that was outrageous. And of course, this is a waiver. When he is recording it or having some videographer marks both of you guys, don't you think that when a criminal defendant is speaking to their lawyer and they're knowingly recording. Recording it. I'm pretty sure if there's a videographer in the room, that's going to constitute a waiver. It doesn't really matter because we're not talking about admissibility in the courtroom. But that whole thing is on Diddy, not his attorney.

[Mark Eiglarsh]

Let me ask you this, Gargos. One thing that was a little cringy was when Diddy, like so many of the high profile clients we represent, give this rant like, I've done nothing wrong. I didn't do anything. And then I was waiting for what Agniphilo said and he was. He pulled the. No, you're right. Yeah. Like he was with him. Right. I'm wondering, is that how you do it? And then secondly, how do you feel about Agniphilo saying that to Diddy? And do you understand why he did so?

[Mark Garagos]

Let me just frame this in terms of theoretical. Because I don't want to ever be in a situation where.

[Mark Eiglarsh]

Right.

[Mark Garagos]

I'm compounding the work product violations. Obviously there. But let me just say, separate and apart from this conversation, there are guys that I have represented over the years who I have either fired or showed them the door. Famously, in my office, we call it the perp walk. When I perp walk the client out and won't speak to them for a period of time because the client will either suggest something or do something and won't listen. One of the big complaints I've said for years about the practice, the portion of, you know, I'm known as a celebrity lawyer, which is almost like calling me a motherfucker. I mean, I hate, I hate that. I hate, I hate that. And one of the reasons I really.

[Mark Eiglarsh]

Why?

[Matt Murphy]

Why?

[Mark Garagos]

Because I don't. Most of my practice is not celebrities.

[Mark Eiglarsh]

Right. Right.

[Mark Garagos]

Is really doing What I love, which is trial work, I hate being in the office. I hate dealing with, to my point, what I call the nickel and dime, the 5 and 10% crowd, which is the managers, the entertainment lawyers, all the people who swirl around the posse, as I call them, the people who are notorious, infamous, famous, whatever you want to call them, because they, I'm generally, if it's a criminal defense situation as opposed to civil, you're parachuting in for an extremely kind of bet your career situation, bet your life situation. But it's a one off unless you're, I teasingly say, unless you're Chris Brown, then it's an annuity. But the, the, it's generally a one off. I don't have the same motivations they do. They've got different motivations. And I can't let the civil or the money drive the criminal. The criminal needs to drive the itself and can't be worried about stepping on anybody, others, anybody else's toes. So I will. It's a long winded way of saying.

[Mark Eiglarsh]

That I forgot the question already. What did I ask you? Are you a yes man? Are you yes man to these celebrity clients like Agnipolo was?

[Mark Garagos]

That's what I'm asking you. Famously, I'm.

[Mark Eiglarsh]

Yes or no would have been better.

[Mark Garagos]

I know, but my father used to say they didn't teach the care and feeding of celebrity clients in law school.

[Mark Eiglarsh]

Okay, Matt, I still have no idea what the answer is, but I'll turn to you and say this is going to be litigated. I think you know, the fact that this footage made it onto this Netflix documentary. Netflix is saying we got it through lawful sources and we're going to continue to protect those sources. I want you to speculate, how the heck did they get this footage?

[Matt Murphy]

Oh, gosh, I have no idea how they got it. But I can tell you this. You know, I've worked for ABC News for several years now since I left the DA's office, and they've been great. I do some commentary and legal analysis for them. But the, the legal and standards department of ABC has got to be pretty close to what they, what they put these things through at Netflix because they, they have to be very cognizant at all times that they may face a civil suit, right, for defamation or anything else. And I, having gone through that experience, I've talked to all these guys on the phone. I've never actually met any of them. And I picture like they're the most hand wringing, careful, paranoid guys and they do A great job and I'm not offering any criticism. But for them to air it, there are some really good lawyers. I'm sure that Netflix ran this through that gave it the green light. And you're almost certainly right. There's almost certainly going to be some sort of litigation over it. But I'd be shocked if Netflix were to air this with any real doubt that they faced any true liability for it. So it's going to be interesting to see.

[Mark Eiglarsh]

Yeah, Garagos, there might be some insight based upon what one of Combs spokesperson said. A payment dispute between outside parties does not create permission for Netflix to use unlicensed private material. None of the footage came from Mr. Komar's team and its inclusion raises serious questions about how it was obtained and why Netflix chose to use it. So let's break that down. So a payment dispute. Okay, so they hired a guy because Diddy obviously would know the videographer was in the room to film him for one of his projects that I don't think ever got made. And then kind of like we don't pay the wedding photographer. So now what? They're free to take this video and use it in an Applebee's spot. Like what's going on here?

[Mark Garagos]

Like I said, I have to dance around this. So I will just say if it results from a payment dispute, I probably would not want my spokesperson, whoever that was going and saying that because that's going to create issues in and of itself. I mean that's, I mean if I'm Michael Tremonte and I keep invoking Michael, but Michael is the one who wrote the letter to Netflix. Michael is also the one I just read this week. Haven't talked to him but I read in Law 360 he's the one who appears was suing Nextar who Matt and I occasionally will appear on. I think you too, Mark, which is the they they played something com sued them and it looks like Tremonte is going to get passed the motion to dismiss there. So I would not underestimate Michael's ingenuity and legal acumen. If anybody can get it done, Tremonte can.

[Mark Eiglarsh]

So the question is, will Diddy like this documentary? Apparently the producer Fitness Cent thinks that he will. Let's go to clip two and hear what he thinks.

[Mark Garagos]

If Sean Combs watches this, what do you think he's going to feel like? Wow, this is amazing. I think he's going to say this is the best documentary I've seen in a long time because you'll see people Saying that he might feel a different way about pieces and bits of it, but he knows the truth. I think he'll see the truth in it.

[Mark Eiglarsh]

Yeah. All right, Matt, let me ask you. He specifically picked the network that you worked for, abc, because he knew that Diddy would see it in prison. Apparently they show ABC in the prison. You think Diddy's going To like this 4 part in depth documentary?

[Matt Murphy]

I'm gonna go out on a limb and give that a big no.

[Mark Eiglarsh]

Yeah.

[Matt Murphy]

Look, Mark Twain has a famous quote, never start a war words with anybody who buys ink by the barrel. In other words, don't feud with the newspaper back in the day. And I think we need to add to that. And that's never get 50 Cent pissed off at you because that man has mastered the grudge. And that, that look on his face would just said it all. I actually read his biography, which was fascinating to me. He's a really, really smart guy who also has really good legal representation. I'm sure they ran, they ran through, too. This was a, this is a payback for a long feud. And notice the one word that we're not hearing anywhere so far is defamation. Because he's going to be and Diddy is not. And correct me if I'm wrong on this one, Mark, but did. He's not going to want to, he's not going to want to go down that road because of course, truth is an absolute defense. And I think that he's, he's dodged that bullet too, largely to Mark's daughter and Mark Agniflo putting together a really good defense on that case. I, I think Diddy would be incredibly stupid to try to go after, to go after them for defamation because truth is a defense. We'll see another Diddy trial. Then again, Diddy's made a lot of bad decisions too.

[Mark Eiglarsh]

So let's, let's, let's talk about the trial. Yeah, let's talk about the trial, Mark. A lot of, you know, there's a lot of discussion now based upon some feedback from some of the jurors who went public. I also wanted to watch this documentary for that reason too, because I want to hear what the jurors are saying. I'm curious if there's anything that stands out as surprising as to what these jurors are saying publicly that you didn't consider. For example, we're hearing about Capricorn Clark's testimony, who gave sobbing testimony that Combs kidnapped her. And after Cassie Ventura began seeing rapper Kid Cudi and two of the jurors said it was difficult for them to believe the claim that she was forced at gunpoint. They thought Mishigah is not true. They say they were confused by the situation. Did that surprise you? Did some of their other findings surprise you? Mark.

[Mark Garagos]

I'm in a very difficult situation. I was in the courtroom. I was deemed by Judge Subramanian as part of the defense team. I was there for jury selection. I think I had a little bit of input into jury selection. I was also scolded for being on my other podcast and saying that Diddy was being prosecuted by a six pack of white women. And I was told that that was outrageous in any forum, even though I thought it was just a observation. The. No, none of this, not none of this in the least surprises me. I will tell you that many of the things that I heard from those jurors, anybody who was a sentient being inside of that courtroom, who actually saw the testimony, I think wouldn't be that far off from what the jurors said. That's the problem, by the way. I'll get back on. You're going to accuse me of not answering your question, but one of the problems with the federal district court is there are no cameras in the courtroom. So everything gets filtered, and it gets filtered by. You might be somebody who's got an ax to grind. You've got a docu series by somebody who's got an ax to grind.

[Matt Murphy]

And.

[Mark Garagos]

And the problem is, if you're not watching it, if you're not in that courtroom, to just see whether somebody is completely unbelievable in the sense that they're not credible, you know that you've been there. Matt and I have done it in courtrooms ourselves, where a somebody who comes off credible on direct, by the time they're done with a cross, you're saying you're just shaking your head and there's.

[Mark Eiglarsh]

Well, that's what happened with Cassie, apparently. Matt, are you surprised that the jurors felt that, okay, maybe there was some problems in the relationship, but she kept going back to him. They found that to be confusing. We kind of predicted that, right?

[Matt Murphy]

Yes. Look, the three of us have done a bunch of commentary on this case, including long before the verdict came out, and Mark had to be more careful than we did.

[Mark Garagos]

Yes, I did, because I had. Telling me he was watching me.

[Matt Murphy]

So, yeah, see, I wasn't there. My daughter. I don't have a daughter, but I was totally, unconditionally connected to the case. And you know what? This kind of restores your faith a little bit because when you look at the jury's comments, it's exactly the way I saw it. Mark. I, you know, there, this was the, the really horrific acts were all predicates for the rico. The jury didn't disbelieve any of that. Like the, the what we saw in the hotel, that horrible video. But the problem was the whole thing was a bit of a round peg in a square hole. Like he's, you know, they took position he's bad guy, done some bad things. The problem is, is that for sex trafficking for example, there has to be a coercive, non consensual element to it. The jurors nailed it, the ones that would been interviewed on that. And it's kind of restores your faith a little bit in the jury system. Those were smart people who seem to really get it. And that was one of the things that I think disturbed everybody about it is that all of these people that came in to testify against getting were all these orbiters who were trying to advance their own career. And I agreed. It made no sense. This woman said she's kidnapped at gunpoint and then I think it was two months later she's out to dinner with him and everybody sees him in paparazzi like that. And Capricorn Clark was the, the word that, that I've heard over and over again. And of course none of us were in there. But it was performative. Their testimony is performative and juries are very good at sniffing that out. And I think. And we called it man act. He's going down. But the rest of this are really problematic.

[Mark Eiglarsh]

So there's, so there's no such thing as a slam dunk. Everybody understand that, right? Let's, let's move. Let's. Mark, I want to talk. We have a few minutes. I want to talk about the day.

[Matt Murphy]

Accused me of sounding like a defense lawyer. I'm sure.

[Mark Eiglarsh]

I love it. I didn't want to hack.

[Mark Garagos]

Who hacked Murphy? What happened?

[Mark Eiglarsh]

That was beautiful.

[Matt Murphy]

Right?

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[Megyn Kelly]

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[Mark Eiglarsh]

Let's talk about David D4VD for the youngsters. You guys know who he is? Apparently. But he's a performer and apparently the grand jury meeting and talking about his case. I guess when there's a female found dead in your Tesla, you know, the prosecutors and law enforcement seem to think that there might be a homicide involved. And this week the president of his touring company apparently was grilled on Monday by a prosecutor in front of the grand jury. Why didn't you call the cops? Apparently. And you know, apparently we know this because in the hallway, this guy is revealing what went on. And first of all, Garagos, we're not supposed to know what's going on in secretive grand jury investigations. Right? We know that. Apparently this guy's saying that she, meaning the prosecutor, was quote, very pushy on why I didn't call the police. So now he's saying it. We're discussing it. The grand jury's still meeting. We shouldn't know these things, right?

[Mark Garagos]

I'm not going to use her name. I don't know if she would want me to or not. But I, and I don't know, Matt, if you know her. But I, I've known this prosecutor since she was a baby DA in the Pasadena Juvenile Court. And to say that she is aggressive is to do a disservice to aggression. She is not. I, I had cases against her. I adore her. I haven't seen her for a while.

[Mark Eiglarsh]

You can name her. What's the disadvantage?

[Mark Garagos]

I'll let her self identify. I don't want to get in the middle of that. I will just tell you public, if she's coming at you and hypothetically, if you're saying that somebody died and hypothetically you're saying, I didn't think to call police, you're not going to last 45 seconds with her cross examining you. That it's just not, it's just not what they.

[Mark Eiglarsh]

But Matt, it's not an obligation to call police, right? Apparently it could be morally repugnant to those who say that this guy put the tour ahead of what was, I don't know, morally right. You got to call the police, you got to stop things. He wanted the tour to go on. Isn't that his legal right?

[Matt Murphy]

Well, there's, there's no moral obligation, however, depending on what you do. And again, it's secret, right? There's. We don't know what the evidence is, but you can be an accessory after the fact of homicide, depending on what you do. If you do anything to try to cover it up. Somebody drove that car around the corner and left her dismembered remains in there. And we don't know who that is yet. There's also a young woman who didn't show up to court. And you know, I think that whether legally or morally, I'm, I'm, I'm hardened to hear that, that, that lawyer and I don't know her, Mark, I've heard of her before, but that she's going after that guy because kind of, you know, as a lawyer, I understand it as a, as a resident of LA. F you buddy. Like do you know that a 15 year old or back then a 14 year old has been, has somehow died, been murdered. She's got a family who loved her, she was runaway. It's complex and everything else but f you dude. Like you do, you do have to report it to the police. Maybe not a legal obligation but a human obligation to do that. And it seems like there's a lot of people that still are protecting him. If you've got, they're talking about doing what's called a, called the body attachment for a witness who didn't show up. And those subpoenas are not invitations, especially with the grand jury. But like you said, Mark, I am disturbed by the idea that we know so much. Grand jury proceedings shouldn't be that way. Secret. No, we shouldn't, we shouldn't know any of this.

[Mark Eiglarsh]

And Garagos, I'll give you, let me just give you the last word as we close out this segment. Very briefly, prediction number one, will there be an indictment? And number two, who's going down and for what?

[Mark Garagos]

Oh, there will clearly be an indictment if you.

[Mark Eiglarsh]

That I know too.

[Mark Garagos]

There was a betting bet. You know, I was upset today and another somebody had asked me last week what was going to happen with Michael Jordan in nascar and I said it's going to settle mid trial. I wish I could have bet on that. And it did today or I read it did. If I could bet on this, I would, I would lay some heavy money. There's going to be an indictment. I am not going to name who I think it'll be, but I think it's going to be more than one person.

[Mark Eiglarsh]

Okay. All right, next we're going to talk about Brian Walsh, a man who claims that he wakes up and his healthy 39 year old wife just suddenly died. And so he does what Garagos and Matthew and I would do, get out the equipment and chop her up. I'm kidding. We would never do that. But he did apparently and even pled to that. We'll talk about that in a moment. And whether he should have testified, whether he should have called witnesses. Also, we want to remind you that we'd love to hear from you. Email us if you see the Diddy documentary. Let us know what you think. Okay. We'd love to hear your comments. Email us@mktruecrimelmaycare media.com I'll repeat that because nobody could get that on the first go around. MKTrueCrimeLMaycareMedia.com on deck is built to back.

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[Megyn Kelly]

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[Mark Eiglarsh]

Welcome back to MK True crime. I love this story. Brian Walsh is in trial. It's wrapping up. Closing arguments are going on. And just a reminder, if you haven't been following along, he's on trial for allegedly killing his wife Anna. He already pleaded guilty to misleading a police investigation and improper conveyance of a dead body. Boy, that's a fancy name. Conveyance. Chopping her up. Okay, but not to the actual murder. His defense claims that Anna, a healthy 39 year old woman with no signs of any issues, suddenly just died. And instead of calling the police, he allegedly just panicked the innocent person that he is and disposed of her body. You could tell I'm not being objective at all. Sorry. And again, the body has never been found. It is so hard to be objective. Guys, come on. Because listen, I just celebrated 25 years of marriage and if my precious wife ever, God forbid, woke up and was dead, the last thing I'm doing is chopping up the body. Come on, for the first time in your life, prosecute somebody.

[Matt Murphy]

Please.

[Mark Garagos]

Wait until you get to 37 years. It's a different, It's a different prison, okay?

[Matt Murphy]

Oh, no.

[Mark Garagos]

Yeah, yeah. So yeah, 25. It's still the honeymoon phase. All right, listen to me. You're a go ahead lawyer. Let me tell you what's happening here because I don't understand why nobody is saying this. It's clear what is happening here.

[Mark Eiglarsh]

All right, let us hear you.

[Mark Garagos]

Yes, day one. In Massachusetts they have this quirk in the law where the basically you. It's almost everything is prevents you from pleading to a first degree, which is why he was able to plead to everything else. And when people say, oh, this is estimated. I remember a reporter saying, oh, he's going to put on this defense. I said he's not going to do a damn thing. He's not testifying. They're not going to call a witness. This is what we used to call you two youngsters are not old enough to remember be called a slow plea. That's what this case is. There, there. They can't plead in Massachusetts to this charge. So what do they do? They have to do? They have to go through the motions. They can the non murder, non first degree murder. And then they just wait. And the jury's probably sitting back there going, seriously, he's got the towels, he's got the clothes.

[Mark Eiglarsh]

But hold on. No, no, no, let me play devil's advocate. It's crazy that between the two marks, I'm the one coming up with the defense theory. I can't believe you didn't come up.

[Mark Garagos]

With it after that opening statement.

[Mark Eiglarsh]

Hold on, hold on. Matt Murphy, let me throw this out there and let you respond as the prosecutor. Remember Casey Anthony? The jurors literally had tears having to acquit her because many of them, if not all of them, knew that she was guilty of something. But because the body was so dismembered, they couldn't tell. Was it first degree murder, second degree murder, manslaughter, how did it happen? Can't the defense make that same argument here that, okay, first of all, they can't prove that it wasn't sudden death, but assuming, you know, they, they don't, you know, they don't give their accounts to Nigerian princes, right? And they're, they're somewhere, you know, normal, right? They say, all right, likely he did it, but was it first degree murder? Did he plan it out? Was it second? Did he get upset with her and just like, do something? Was it manslaughter? They don't know. So couldn't that possibly be what they're going for?

[Matt Murphy]

Well, the problem for the defense on this one is they went out on the limb about this sudden, unexpected death nonsense. And Mark and I talked about this before. In California, you've got what's known as a lesser included offense. If there's any evidence of what's called a voluntary manslaughter in California, you get a parole hearing in about six years. And the problem with going all in on this totally unsupported theory of sudden unexpected death or unexplained death, which I'd never even heard of before this case, by the way, is you, you kind of, you put the jury in that position where they're making a call between first degree murder or nothing. And, and the Casey Anthony thing is a really good example. The jury walked her instead of convicting her, knowing that she killed her little girl. And that jury, that is anathema to the conscience and, and the thinking, I think, of most jurors, you know, it's, you're going to, you know, they, they produce this thing, which, by the way, another thing that Mark and I talked about last time was without him testifying, I think that court's going to have to instruct the jury to disregard opening statements by the defense. I don't think there's any evidence to support that without Walsh hitting the stand. I might be wrong. It might have come in some other way. But I think the defense has a real problem and they're going to, I think this jury's going to be in Starkey you have to disregard what the defense lawyer said, and that's a pretty big credibility blow. Right before you stand up and try to make the argument. You were just saying, Mark. So I would argue this as a ball. I know Mark would argue this as a ball all along. And then, and then disprove that. Say this was a. He found out about the affair, he lost it, and he killed her. That is a, that's called parole hearing in six years in California.

[Mark Garagos]

There we go.

[Mark Eiglarsh]

That's what you do, Mark, you're agreeing.

[Matt Murphy]

I think that ship has sailed.

[Mark Garagos]

Yeah.

[Mark Eiglarsh]

Agree with that strategy because hold on, how about this. What do you do? What do you do? How do you handle these searches that they found? What happens to hair on a dead body? What is the rate of decomposition of a body found in a plastic bag compared to a, a surface in the woods? Can baking soda mask or make a body smell good? And before you answer, let's go to SOT number. Let's see. We've got him buying the baking soda, right? We have something that shows that SOT4, I think. Look at that. Oh, it's video. Look at that. Look at him. So the jurors are seeing him, by the way, Mark. Yes.

[Mark Garagos]

We're after death.

[Mark Eiglarsh]

Are you asking me, is that rhetorical? What is that?

[Matt Murphy]

Yeah, you can still, you can still roll, you can still roll with the ball with that. You can say he killed her in the heat of passion and now he's trying to get rid of the body.

[Mark Garagos]

Everything you've said so far, Markey, is somebody who did it in a volume, in a heated passion, panicked, and now is trying to cover it up. And that's by the way, you say Casey Anthony. I, I've often said it reminds me of Durst and the case that Dick DeGuerin got an acquittal for him in Texas where he said, he said it was a self defense and then he dismembered afterwards and he was acquitted in Texas. The problem here is with the opening statement in the defense and this idea that he's going to plead right before you come in. I had at first thought that he, that the defense was pleading so that none of that stuff would come in, and that's why they did it. When I did a deeper dive, I saw that that was not necessarily the case and that there is this, this weird quirk in Massachusetts about pleading to a murder. And that is what leads me to believe it was a slow plea.

[Mark Eiglarsh]

See, if I had my client plead, and I've had them plead to certain charges I would then use that in the trial and say, folks, he pled guilty to the things that he did, but he's not guilty. He's contesting that he actually killed her. Now one of the issues is this in the sudden death, other than it's void of any common sense. Again, 39 year old, healthy. There was a witness, Jem Mutloo. This is a Walsh family friend and Anna's former boss. Anna is the deceased person he saw Anna December 31, 2022, is the last person to see her alive. And his testimony, no surprise is that there was no injury, no health concerns. She seemed so normal. So it's, it's Matt. You think any juror goes along with this sudden death thing?

[Matt Murphy]

No, I don't think so. And here's, here's another thing, but I've done five prosecutions.

[Mark Eiglarsh]

There we go.

[Matt Murphy]

Yeah, right. I've done five of these guys as, as Mark Ergos knows. And I, I got this old, this old mentor of mine. His name is Lou Rosenbloom, who was a real sage and he was the head of the homicide unit. Mark knows him. The guy was a, he was a freak of nature, one of the best humans I've ever known. But he tried and won 67 murders in a row before I did my first no body case. I'm like, hey, how do we, how do we win these? And he hit me with a real zinger. He said, the jury can always see the soul of your victim reflected in the eyes of those who loved him. Which is, it is really profound. And what we saw with that final witness, we saw that, that man cried and he, you see what a kind person she was. Like, the reason he saw them was that he was spending New Year's Eve alone and he was her boss and she refused to let that happen. He. She made him come over so he wouldn't be alone on New Year's Eve. That's the kind of stuff that you have in no body cases because the jury gets a real sense of who your victim really was. And that's why this guy is going to go down on a first. And for my part, just to, to balance the scales, Mark, so it doesn't sound like a complete defense lawyer all day. I got no sympathy for this clown. There's another, there's another video. Murphy.

[Mark Garagos]

There we go.

[Matt Murphy]

You'll notice in that video he's got the mask on and the gloves. This is in 2023. We were past Covid. Nobody was doing that. You find offense, find the cleaning supplies. No, no, no. No, what's. There's another video where he walks into. He walks into another store with one of those little kids after he just murdered their mother. He doesn't have a mask on. And he goes, guys, he hams it up in front of the camera. He fixes his care. He smiles because he knows he's being recorded, and he wants to make it look like he has no care in the world. The jury is going to look at that guy and say, f this clown. He's going down on a first. If I had to call it on that Vegas betting thing that Mark was talking about, that would be my. That'd be my. Yeah, I think.

[Mark Eiglarsh]

I think it's the consensus. Yeah.

[Matt Murphy]

Yeah. He's gonna eat first.

[Mark Eiglarsh]

And all three of us.

[Matt Murphy]

I will lose zero sleep over that for this guy.

[Mark Eiglarsh]

And I think that's where it's headed. All right, we all agree. Let's get to a legal mat bag question and talk about this case. We have a listener named Rachel who said first, she loves the show. That's good. I have an active case idea for you guys to review. It sparks interest. Hopefully it's happening local to me. In Salt Lake City, Utah, a father took three young children, ages 2, 2 to 8, on a pretty grueling hike. They got stuck in bad weather, and the kids ended up in the hospital. Fortunately, they all seemed to have survived. The story first circulated as a news story, just a news story. But a few weeks ago, it turned to a criminal news story as he was arrested for the children's torture. She's interested in hearing from both a defense lawyer's perspective, as a prosecutor's perspective on how these charges may hold up. Thank you for putting out such great content every week. I've never missed an episode. Well, thank you, Rachel, for that wonderful email. And let's talk about it. Okay. Mark Garagos, first of all, is it so bad to take a couple of kids on a hike?

[Matt Murphy]

That's not what he did, but.

[Mark Garagos]

So I often invoke my father when I'm talking about this, who was a DA for the first 13 years of my life. I've been recuperating ever since because I often say I thought my first name was dumb and my middle name was shit. But I'm one of three boys, and he used to engage in corporal punishment. He used to, with a belt, bend over when he was a DA And I remember my brother, one time, Matt, turning to him and saying, I've heard about guys like you. And then I remember when I first went into practice with him going into the dependency court. Back then, it was in the. Matt's probably been there in the new court. But I remember going in there and watching what was happening. And I went back to the office and I said to my father, if I knew then what I know now, what a, what a difference, you know, a couple of decades makes. No, this should not be a criminal case. No, it should not. If you're taking your kids on a hike and they're, you may have, you may have tried to toughen them up, but the idea of attaching criminal liability is just a bridge to Matt.

[Mark Eiglarsh]

It wasn't just a little hike. I kind of undersold it. It was a lot more than that. Why, why is this a criminal case and should it be?

[Matt Murphy]

Well, so first of all, when I first saw this story and thank you, Rachel. This is a great one. So thank you for contributing that to us. At first I thought the exact same thing that Mark did. I thought, you know, that this was a, this was kind of an off season, you know, like nice day with a dad and his kids and they go on a hike and the weather turns bad and we, that kind of stuff happens with really good parents. But I dug a little deeper on that Mark and this guy has a really troubled history. And then you find out that he's going through a divorce with the, with the moment and that they were texting at the time. And there's a, there's a term that you encounter in the homicide unit called filicide. And that is something that's pretty rare. But there are cases when people are going through a divorce, they will actually murder their children to get at the other spouse. And I don't, not saying that's what happened here, but boy, oh boy, it sure could be they had a lot of problems. This guy's also a really weird and troubling criminal history, including thefts. And there's a time that he, he's got a running from the police charge, like a evading cops, but. But it's worse than that. He was walking into a house with a ski mask on and they see that. So this dad has some issues. And the, you know, pleasant hike that I thought it was at the beginning, turns out it's nine miles long and we're talking about a two year old. And then when the police contacted him, and I haven't seen the tape yet, but apparently he was very cavalier and even told them one of them died. And then he was kicked out of the hospital in November for interfering with the medical treatment. So on the surface I thought the exact same thing that Mark thought. The more I looked, the worst this got. And I hope it wasn't one of these attempted filicide situations. I think the mother thinks it was. I think some of the authorities think it was. So the deeper you look, the worse this appears. And I don't know, apparently he was spiraling.

[Mark Eiglarsh]

Hold on, Garagos. He was spiraling and there's on his phone a video that they recovered where his daughter is asking, are we going to freeze to death, Daddy? So I ask you, Garagos, very point blank. Matt just told us it was a nine mile walk hike. The conditions were horrible. He failed to check the conditions out. Allegedly is a nine mile hike with horrible conditions. Okay. For a two year old, Mark.

[Mark Garagos]

You frame it that way. No.

[Mark Eiglarsh]

What other way to frame it, Mark?

[Mark Garagos]

Not. Objection. Leading. How about if they went out on a hike that was supposed to be two miles, they got lost, it turned into nine miles and the weather wasn't.

[Matt Murphy]

Objection. Facts not evidence.

[Mark Garagos]

You're going to eliminate up again, Garagos? Well, are you doing? I. What I'm doing is trying to. The last thing I want to do is anytime somebody does anything with their kids or with their wife, God forbid they're having an affair or they're going through a divorce because game over at that point. That's the lesson.

[Matt Murphy]

I've said it before, Mark, and I'll say it again. This is why if I'm ever in trouble, I will hire Mark Garos to defend me. Sure. You pay him to make up.

[Mark Garagos]

Yeah. You can just. It's beyond me that, that I'm the. I would love to know more facts. Why don't. We'll do this, Rachel. We're going to invite the father to come on here and we'll have. We'll have Mark and Matt invent the facts so that he can defend himself.

[Mark Eiglarsh]

Well, it's. It's a fact that his family is standing by him a hundred percent. He loved his kids. Apparently his older brother Jedediah saying.

[Mark Garagos]

Where was that fact in your fact pattern, by the way? I'm throwing it in now after the fact. Thanks. Thanks a lot. Talk about. Talk about bearing the lead.

[Mark Eiglarsh]

Did we say nine miles? I just want to make sure we have that. A 20 year old, a toddler to still maybe just out of diapers walking nine miles.

[Mark Garagos]

Have you ever had a two year old on your shoulders while you're walking for miles?

[Mark Eiglarsh]

Now the two years old's on his shoulders. Where are those facts?

[Mark Garagos]

If the family's supporting him, why are we taking throwing bricks from a thousand miles away?

[Mark Eiglarsh]

You're right.

[Matt Murphy]

We should never supporting him.

[Mark Eiglarsh]

Yeah, yeah.

[Matt Murphy]

His family supporting her. Her family says he's the devil. I think.

[Mark Eiglarsh]

There we go.

[Matt Murphy]

This will be interesting to see how it all. How it all.

[Mark Eiglarsh]

Absolutely. Rachel. Rachel, thank you so much for that one. We loved it. All right, coming up. My favorite part of the show is our closing arguments in just a moment.

[Advertisement Voice]

On Deck is built to back small businesses like yours. Whether you're buying equipment, expanding your team, or bridging cash flow gaps, Ondeck's loans up to $250,000 help make it happen fast. Rated A by the Better Business Bureau and earning thousands of five star Trustpilot reviews, OnDeck delivers funding you can count on. Apply in [e-mail] depending on certain loan attributes. Your business loan may be issued by Ondeck or Celtic Bank. Ondeck does not lend to North Dakota. All loans and amounts subject to lender approval.

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[Megyn Kelly]

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[Mark Eiglarsh]

Coming up is our closing arguments. But first, Megan's made it to Sirius. That's right. You can listen to the MK True Crime on the Megyn Kelly Channel on Sirius xm. Enough of the Howard Stern stuff. Come over to Megyn Kelly and you can listen on Tuesday at 10am Eastern time and Saturday 9am and 10am on Sirius XM channel 111. All right, time for closing arguments. I didn't ask which one of you wanted to go first. Any preference?

[Mark Garagos]

I always make Matt go first, I guess.

[Mark Eiglarsh]

All right, let's do it.

[Mark Garagos]

All of those years of having to listen to him come go last.

[Mark Eiglarsh]

Well, we'll do that.

[Matt Murphy]

Any rebuttal? Yeah, I'm happy to go first.

[Mark Eiglarsh]

All right, go first. And by the way, by the way, before you go, listeners, make sure in the comments section you specify whose comments repulsed you. And by that I mean Mark E versus Mark G. Because I can't handle when you say Mark was ridiculous. I don't know if they're talking about me. All right, Matt, here we go. Closing arguments. All you go.

[Matt Murphy]

Yeah. I heard a term recently that I want to talk about. It was called toxic empathy. And I thought about that a little bit in light of California law. And sometimes empathy or the desire to do good with the best of intentions can sometimes have really bad results. We have a thing in California known as the compassionate release law that Mark Garagos is certainly familiar with at this point. And the idea is when people start getting sick, when they start getting older, that we in a compassionate way release them from state prison. And that sounds great. And I am all for reform. I'm all for people that can get better. I'm all for drug rehab if we can. But there's a certain percentage of the population, guys that are absolutely predatory down to their bones. And I had a case when I was in the sexual assault unit right Before I went to homicide involving a guy named Douglas Hopper. And Douglas Hopper was a sexual predator who would. Started his career by breaking into the homes of women and raping them at knife point. Really violent guy, where he put the knife to the throat, and he went to state prison. He was convicted of that. And they ran out of time. He was paroled. And when he got paroled, shockingly, as a sexual predator, who could have seen this coming? He began raping women again, and he went on a spree where he raped a whole bunch of more women. And he got caught again, and he went back to state prison, and they ran out of time again. And this time he was what's known as an SVP or a sexual violent predator, where when they were finished with their prison time, they sent him to a mental institution where he was certified by. For release by a psychologist who fell into all the manipulation that a lot of real psychopaths are good at. This professional psychologist was manipulated by him and said he's good to go and release them again. So this guy has been arrested twice for multiple rapes, gets out again, and this time he started raping real estate agents. And he would. He would make an appointment and he would hide in the house and he would jump out and really violently, you know, rape them. And that was his thing. So I prosecuted him on one case, and in the middle of that, we got a full DNA hit on another real estate agent, and I prosecuted him again. This time he represented himself. During that time, he tried to escape from the Orange County Jail. He actually got into an unsecured park. He tunneled out behind his cell, escape from Alcatraz type thing. And I prosecute him for the final rape. He was sentenced to over 100 years in state prison for public safety purposes by a really good judge named Greg Prickett, who wanted the public to be safe. So he goes up and this compassionate release bill gets passed in California, and now Douglas Hopper is having parole hearings. This guy sent me Christmas cards for years as a DA because as a. As a pro, per a guy who's representing himself, I kind of got to know him a little bit. And I was nice to him. And he sent me Christmas cards talking about how he would escape from prison and he would be released one day. And sure enough, he was. He was busted in state prison for conspiring to escape. And this man just had a parole hearing last Monday, and now he's up, he gets to face a parole board and argue why he should be released. And he is. He's feigning all these exaggerated symptoms. And the victims have to go through hell. They have to oppose this. And the fear is that he will get out one day. And this is a guy who I will absolutely guarantee will offend again if he's ever given the opportunity. So we start out with good intentions, and we wind up with putting the public at risk potentially. And it is. I can't wrap my head around it, guys. And it's something I've been struggling with all week. I wrote a letter opposing it. My. My victims are freaking out, and it's not. It's not right. I think that California needs to change the law and make sure that for certain offenses, they are not eligible for this compassionate release program because they have demonstrated that they will pose a risk to the public that is unnecessary and unreasonable. Until the day that I die. That's my. Sorry for a bummer right before the holidays. That's my. That's my rant for today.

[Mark Garagos]

You know, I'm gonna thank God you went first, because I'm gonna give the rebuttal that. Oh, wow. Right before I got on here, here, literally minutes before I got on, I was on a zoom with the Menendez brothers and I, who famously had, you know, we got him resentenced back in May, and they had their parole hearing that I was not happy with after that. There is no reason in the world for either of those two to be in custody right now. None whatsoever. And they've got, you know, I became very close, speaking of the family, with both sides of the family. Aunt Terry and Joan, both from the Menendez and the. The kitties side of the family. And for every one of these kind of parade of horribles Matt Murphy victims that he's prosecuted, there are guys who turn their life around, and they are prime examples of it. There are people that are outside leaving, leading productive lives who have been wonderful, and you never might have guessed that or prognosticated that 35 years ago, but the parole process, and you hope that they have enough sense to understand it. But when you have the. In their case, all of the living victims, 20 some odd people saying, let them out. They've done. They've done their time. And Aunt Joan, who's now 93, and aunt Terry, who's. She'd slap me if I said, how old? And, you know, and in declining help, both want him out. And I say for. Let the governor do something, a mitzvah, if you will, for the holiday season, and let them both out.

[Mark Eiglarsh]

All right, Point, counterpoint, keeping it balanced. Here at MK True Crime. And now my closing argument. $1.4 million. It's a lot of money. One of the last places I thought I'd see that money was in an account for a person who's accused of cold blooded murder. Talking about Luigi Mangioni. I had to see it for myself because I was doing a segment the other day on television. They said, yeah, there are people who donated money to his legal defense fund. And I thought, what, 20, 30 bucks? What are we talking about here? $1.4 million. Now, it's their right. It's their hard earned money. I thought maybe a few people, some big donors. No, 37,000 people gave money. How many others then thought about giving money? People who somehow believed in the cause. And the cause is, well, there's problems in the healthcare industry. And so we then somehow are going to help this guy get free. Wow. You know, I googled just to see how many charities are in need. Children's charities, victims charities. People who don't have the ability to food, to feed themselves, to know what's coming next into their belly. They don't have enough money. They need money for these charities. Yet people are donating to this. Again, for those who have. I find it disturbing. I find it disgusting. Totally. You're right. However, those thinking about it moving forward, all I'm asking is that you consider another charity. That's all.

[Mark Garagos]

Dang. Why did I wait and do it after done it after years, no rebuttal next time. I know there's no rebuttal. It's the worst thing about these things.

[Mark Eiglarsh]

It's so tough. I know. I don't want to hear it. I can't believe that we're living in an era where somehow murder is justified. I just. It's insane to me again.

[Mark Garagos]

Then again, you're assuming guilt, but that is true.

[Mark Eiglarsh]

And again, the presumption of innocence, by the way, applies to the people who serve on the jury, not the court of public opinion. And I can freely give my testimony anyway. All right, so we're wrapping up here. I want to thank everybody for tuning in. I'm very grateful for that. I am extremely grateful to Mark Garagos, Matt Murphy. I really appreciate it. You guys are top of the business and it truly is a gift to be able to hear your thoughts. And email us at the MK True Crime email address. And I don't remember what it is, but I said it earlier in the show.

[Mark Garagos]

Nothing to do with Devil May Care Media. Right?

[Mark Eiglarsh]

Yeah, it's all. It's a long thing Devil Cave May Care media and really thank you for joining us. It gives us the opportunity to talk to you each week and we're extremely grateful. Happy holidays to everybody. Thank you for joining us and we'll see you again soon.

[Matt Murphy]

Before the trophy and bragging rights are.

[Mark Garagos]

Rightfully yours, before your sleeper turns in.

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[Matt Murphy]

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