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Calaroga Shark Media. Good morning. This is Daily Crime and
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Justice from Calaroga Media, powered by AI. I'm Garrett Fisher.
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It's Tuesday, October 6, 2026. Seven years ago, a jury
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in Dallas convicted a police officer of murder. She had
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walked into a stranger's apartment, found a man eating ice
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cream on his own couch, and shot him. On Thursday,
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exactly seven years to the day after that verdict, the
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Texas Board of Pardons and Paroles granted Amber Geiger parole.
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Botham Jean's family opposed it. The Dallas County District Attorney
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opposed it. More than 6,000 people signed a petition against it.
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She is getting out anyway. In Florida, an appeals court
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has overturned a murder conviction in the death of a
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10-month-old girl left in a hot car for five hours.
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And the ruling turns on a distinction most people have
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never had to think about. The difference between forgetting a
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child and knowingly leaving one. And in Kentucky, a sheriff
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accused of shooting a judge in that judge's own chambers
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is running a mental health defense and wants a court
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to stop prosecutors from sending in a second expert. Let's
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get into it. Botham Shem Jean was 26 years old.
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He was an accountant at PwC. He grew up in St. Lucia,
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came to Texas for college, and sang in his church choir.
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On the evening of September 6, 2018, he was in
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his own apartment in Dallas, on his couch, eating a
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bowl of vanilla ice cream. Amber Geiger was an off-duty
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Dallas police officer who lived one floor below him. She
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parked on the wrong level, went to the wrong door,
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and found it unlocked. She testified she believed she was
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in her own apartment and that Gene was an intruder.
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She shot him twice. He died. In October of 2019,
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a Dallas County jury convicted her of murder, and she
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was sentenced to 10 years in prison. Last Thursday, the
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Texas Board of Pardons and Paroles granted her parole after
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seven of those 10 years. The board's stated reasons, according
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to reporting on the decision, were that Geiger lacks a
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documented pattern of violent or assaultive arrests or convictions, that
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she made a satisfactory institutional adjustment, and that she completed
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programs aimed at securing stable employment. The board said it
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reviewed a plethora of information. Her release date has not
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been announced. Jean's family's attorney, Lee Merritt, said they were
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deeply disappointed and that the family and the community strongly
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opposed it. And he said something that I think is
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the entire segment in two sentences. Amber Geiger has been
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granted the opportunity to return home. Botham Jean will never
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have that opportunity. Now let me do the part of
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this that almost no coverage does, which is explain what
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actually happened here procedurally. Because the outrage and the mechanics
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are two different things. Parole in Texas is not a
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second trial. The board is not re-deciding whether she is
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guilty or whether 10 years was the right sentence. Those
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questions are closed. A jury answered the first one and
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a jury imposed the second. The board is answering a
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narrower question. Has this person served enough of the sentence
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a court gave them? And are they a manageable risk
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on supervision? And on those criteria, Amber Geiger is close
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to the easiest case a parole board will ever see.
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No prior record, no violence in custody, programming completed, a
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job lined up, seven of 10 years served. If you
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took her name off that file, she gets paroled and
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nobody writes a word about it. Which is exactly why
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people are angry, and I do not think that anger
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is irrational. Because the thing that is actually being protested
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here is not the parole board. It is the 10 years.
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A woman walked into a man's home and killed him,
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and the sentence was 10 years. His mother said at
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the time that it was well below what one receives
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for murder, and she was right. In Texas, murder carries
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a range up to 99 years or life. The jury
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chose 10. Seven of 10 is normal. 10 for a
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murder is not. So the family has spent seven years
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fighting at the only stage still open to them, which
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is parole, over a number that was set in 2019
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and could not be changed. There is one other piece
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of this. In November of 2024, a federal civil jury
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ordered Geiger to pay Jean's family nearly $ 99 million. The
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family has said collecting it is not their primary focus,
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and their attorney has said she will be dealing with
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that judgment for the rest of her life. That is
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the civil system doing what the criminal system did not,
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and it is also, practically, a number that will never
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be paid. One more thing that I cannot leave out.
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At her sentencing in 2019, Botham Jean's younger brother, Brant,
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told Geiger from the witness stand that he forgave her,
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that he did not want her to go to prison,
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and he asked the judge if he could give her
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a hug. The judge allowed it. They embraced an open court.
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That video went around the world. People used it to
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say a great many things about forgiveness. I want to
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be careful with it because that moment belonged to Brant
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Jean and nobody else. It was not a statement about
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what the law should do. A family member's grace is
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not a sentencing recommendation, and it is not a reason
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the rest of us get to feel finished. Botham Jean
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was 26 years old. He was eating ice cream in
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his own living room. Someone has to say his name.
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When we come back, an appeals court says forgetting is
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not the same as knowing. Aria Page was 10 months old.
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On a day in July of 2023, in Baker County, Florida,
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she was in the care of a babysitter named Rhonda Jewell,
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who was looking after four children from two different families.
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Jewell drove home, got out, and went inside. Aria stayed
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strapped in her car seat in the back. Five hours later,
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Jewell remembered. Aria died. Jewel was charged with manslaughter, third-degree
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felony murder, and leaving a child unattended in a motor vehicle.
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At her trial in 2024, she took the stand and
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admitted what happened. She said she forgot the baby in
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the car and that when she remembered, she ran out,
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opened the door, and the child was still there. The
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jury acquitted her of manslaughter. It convicted her of leaving
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a child unattended and of felony murder. She was sentenced
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to 17 years. Last week, Florida's First District Court of
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Appeal threw both convictions out, and the reason is a
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single word in the statute. Judge L. Clayton Roberts wrote
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that under Florida law, the state has to prove a
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defendant consciously or knowingly left the child in the vehicle.
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Not that she forgot. That she knew, and left anyway.
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Jewel did not knowingly leave that child in the car.
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She forgot. And on the court's reading, forgetting does not
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satisfy the statute. And because the felony murder count was
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built entirely on top of the unattended child charge, knocking
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out the first one collapsed the second. In Florida, felony
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murder requires an underlying felony. Take away the felony, and
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there is no murder. Judge Ross Bilbrey agreed. Chief Judge
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Timothy Osterhaus partially dissented, saying only the felony murder conviction
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should have been vacated. The case goes back to the
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trial court for a new trial on the unattended child charge. Now,
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the line that gave this segment its name, and I
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want to read the court's own framing because it is
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unusually human for an appellate opinion. The court called it
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the most tragic of cases. It said what happened was
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an accident. And it wrote that there are no winners
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here and that moral outrage is not assuaged. Area Page's
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family disagrees with the premise. a relative has said they
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do not accept the suggestion that Jewel simply forgot and
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put it this way, she just forgot to go back.
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I understand that completely. If my child died that way,
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I would not find the distinction between forgetting and knowing
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to be worth very much. But here is why it
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matters and why a law professor who filed a brief
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supporting Jewel told HuffPost that this kind of prosecution takes
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tragic accidents and elevates them to murder offenses. Felony murder
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is one of the most aggressive doctrines in American criminal law.
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It says that if someone dies during the commission of
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a felony, you are guilty of murder, even without any
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intent to kill. It exists to deter people from committing
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dangerous crimes. Stacking it on top of a statute about
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leaving a kid in a car means that a lapse
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in attention, the single most common and most human failure
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there is, becomes a murder charge carrying 17 years. And
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the research on this is genuinely counterintuitive. Hot car deaths
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did not decline after the most famous of these prosecutions.
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By some accounts, they went up. These deaths overwhelmingly happened
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to loving, attentive parents and caregivers whose memory failed in
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a specific, documented way. You cannot deter an accident with
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a prison sentence because the person is not making a decision.
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None of which brings back a 10-month-old girl. And that
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is the part that will never be fixed by any ruling.
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Aria Page was 10 months old. She was in a
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car seat for five hours on a Florida afternoon in July.
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Someone has to say her name. When we come back,
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a sheriff accused of killing a judge wants to limit
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who gets to examine his mind. Judge Kevin Mullins was
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a district judge in Letcher County, Kentucky. In September of 2024,
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he was shot and killed inside his own chambers at
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the courthouse in Whitesburg. The man charged with killing him
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is Sean Steins, who goes by Mickey, and who was
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at the time the elected sheriff of that county. Steins
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has pleaded not guilty and is presumed innocent. His defense
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has indicated it will raise his mental health at trial.
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And now his attorneys are asking the court to block
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prosecutors from having a second expert examine him before trial.
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That is the entire fight, and it is a genuinely
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interesting one. Here is the principle. A defendant has a
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Fifth Amendment right not to be compelled to incriminate himself.
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He does not have to talk to the state's experts,
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and in the ordinary case, he will not. But when
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a defendant puts his own mental state at issue, courts
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almost universally hold that he has opened a door. If
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his expert gets to examine him for hours and then
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tell a jury what is in his head, the state
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is normally permitted to have its own expert do the same. Otherwise,
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the jury only ever hears one side of a question
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that only experts can speak to. What is usually contested
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is not whether the state gets an examination. It is
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how many, by whom, how long, and what happens to
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anything the defendant says during it that is not about
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his mental state. We have now watched this question play
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out in four different cases on this show in a month.
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Lindsay Clancy was evaluated by experts for both sides. Three
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prosecution experts examined her, including one who spent about 11
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hours with her. And all three testified she was criminally responsible.
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Vicki Lynn Williams raised insanity in Florida, lost at the
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guilt phase, and then had a defense psychologist testify about
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her schizophrenia at sentencing, which saved her life. And Tomasz
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Kosowski refused to sign consent forms for a medical evaluation
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at all, refused to present mitigation, and is now waiting
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for a judge to decide whether he lives. Those are
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three completely different strategic choices about the same constitutional question.
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How much of your own mind do you hand over,
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and what do you get for it? Steins is making
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a fourth choice, raise the defense but try to limit
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the state's access. I do not know how that motion
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comes out, and I would be surprised if a court
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barred a prosecution examination entirely. Limiting its scope is a
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much likelier result. But I want to be clear about
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what is not in dispute. Judge Kevin Mullins was shot
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in his own chambers, in a courthouse, in the middle
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of a working day. The killing was captured on surveillance video.
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A judge was killed at work. Whatever happens with the experts,
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that is the fact at the center of this. Someone
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has to say his name. That's the show for Tuesday,
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October 6th. If you listen on Apple, there is a
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button at the top that says, listen uninterrupted. $ 5 a month,
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no ads. And it covers thousands of shows across Calaroga media.
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30 days free if you want to try it first.
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Everyone who already subscribes, thank you. And on Spotify, drop
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a comment on the Florida ruling. If a caregiver genuinely
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forgets a child and that child dies, should that be
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a crime at all? And if your answer is yes,
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what exactly is the sentence supposed to accomplish? We are
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still watching Tennessee, where Krista Pike remains hospitalized. The Polk
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County jury is weighing whether to recommend death for Tony Wiggins.
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And jury selection is underway in Boston in the federal
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trial over Sandra Birchmore's death. I'm Garrett Fisher. Do better.
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A few notes on sourcing. On the Texas case, Amber
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Geiger was convicted of murder and has been granted parole
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by the Texas Board of Pardons and Paroles. As of recording,
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no release date had been announced. and at least one
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state record appeared inconsistent with the board's decision, which outlets
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have noted. The board's stated reasons come from reporting on
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its decision. The civil judgment described was entered by a
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federal jury and is separate from the criminal case. On
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the Florida appeal, Rhonda Jewell's convictions for third-degree felony murder
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and leaving a child unattended have been vacated by the
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1st District Court of Appeal. The case returns to the
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trial court for a new trial on the unattended child charge,
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so it is not over and she has not been acquitted.
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One member of the three-judge panel partially dissented. Research on
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whether these prosecutions deter hot car deaths is contested, and
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we have described it as such. On the Kentucky case,
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Sean Stines has pleaded not guilty and is presumed innocent.
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The description of his defense comes from filings and reporting.
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No court has ruled on the motion described, and nothing