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Aug. 21, 2026

The Lindsay Clancy Defense Is Almost Done, Karmelo Anthony's Trial Judge Removed, and Detective Who Heard Keffe D Say 'We Did the Other One'

The Lindsay Clancy Defense Is Almost Done, Karmelo Anthony's Trial Judge Removed, and Detective Who Heard Keffe D Say 'We Did the Other One'

Defense psychologist Dr. Paul Zeizel finished cross-examination in Lindsay Clancy's murder trial, testifying that psychosis comes and goes "like waves at a beach" and that testing by a state-retained doctor found no evidence she was faking. Prosecutor Shanan Buckingham pressed him on the roughly sixty visits he has made to Clancy since her arrest. Judge William Sullivan barred a former McLean Hospital social worker from testifying but admitted the hospital's staffing records, then adjourned early Wednesday citing an unforeseen circumstance he did not explain. The defense is expected to rest shortly; closing arguments could begin Monday. Clancy has pleaded not guilty to three counts of first-degree murder in the deaths of Cora, 5, Dawson, 3, and Callan, 8 months, and contests criminal responsibility. Also: in McKinney, Texas, visiting Judge Sid Harle recused Collin County Judge John Roach Jr. from all further proceedings in Karmelo Anthony's case, finding a reasonable observer might question his impartiality after a post-verdict interview. Retired Judge Michael Chitty now hears Anthony's motion for a new trial in the 2025 killing of Austin Metcalf; his conviction and 35-year sentence stand. And in Las Vegas, two former investigators testified about statements Duane Davis made years before publishing his memoir.

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WEBVTT

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Kalaroga Shark Media.

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Good morning.

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This is Daily Crime Injustice from Calaroga Shark Media powered

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by AI. I'm Garrett Fisher and it is Friday, August

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twenty first, twenty twenty six. Three courtrooms today, and all

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three of them are at a Hinge Point in Plymouth, Massachusetts.

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The defense in the Lindsay Clancy case is down to

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its last witnesses, which means we are days away from

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a jury deciding whether a woman who killed her three

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children is criminally responsible for it. In Las Vegas, prosecutors

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spent Wednesday putting cops on the stand to say Dwayne

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Davis told them he was involved in the murder of

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Tupac Shakur years before he ever told a publisher. And

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in Collin County, Texas, the judge who ran the Carmelo

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anthony trial has been thrown off the case. And I

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want to be careful with you about what that does.

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And does not mean. Let's go to Plymouth.

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We are in the fourth week of testimony in the

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murder trial of Lindsay Clancy. And if you are new

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to the show, here is the whole thing in about

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thirty seconds. On the evening of January twenty fourth, twenty

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twenty three, in a house on Summer Street in Duxbury, Massachusetts,

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Lindsay Clancy strangled her three children with exercise bands while

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her husband.

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Was out picking up takeout and a prescription.

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Cora was five, Dawson was three, Callen was eight months old.

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She then cut herself and went out a second story window.

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She survived, and she has been paralyzed from the chest

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down ever since. She has pleaded not guilty to three

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counts of first degree murder. Her lawyer, Kevin Reddington, does

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not dispute that she did it. What he disputes is

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whether she is legally responsible and under Massachusetts law that

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puts the burden on the commonwealth to prove she was

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of sound enough mind to be held responsible. That is

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the whole case, not what happened why. The centerpiece of

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the defense has been a psychologist named Paul Zizel, and

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Wednesday was his last day on the stand. He has

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met with Lindsay Clancy roughly sixty times in the three

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years since she was arrested. He is the one who

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told the jury she had bipolar disorder with postpartum psychosis

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that she could not conform her conduct to the law,

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and that she had no appreciation for the wrongfulness of

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what she did. Those are not casual words. Those are

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the exact legal boxes and insanity defense has to check,

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and he checked all of them out loud. So on Wednesday,

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Prosecutor Shannon Buckingham went after him, and the cross examination

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was smart because it did not try to prove that

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Lindsay Clancy was fine. Nobody in that courtroom is arguing

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she was fine. The prosecution's argument is narrower and I

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think more dangerous for the defense. Their argument is that

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being sick and being responsible are not mutually exclusive.

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Here is how that played out.

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Zizel had testified that in early February of twenty twenty three,

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he went to see Clancy at Brigham and Women's Hospital

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under a court order because at that point nobody was

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allowed in to see her, not family, not friends, not

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a priest. She was in a hospital bed, wired up

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with a handcuff on her right wrist, and she asked

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to borrow his phone to call her husband. She gave

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him the number from memory. Patrick did not pick up,

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so she left a voicemail. Two days later, Zeizel came back.

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She asked to try again, and this time Patrick answered,

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She told him she loved him, and then, according to Zeizel,

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she told him she had heard a man's voice ordering her,

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telling her she had no choice, that she had to

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kill her children and then kill herself. The prosecution's move

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was to take that scene and turn it around. If

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she could pull her husband's phone number out of her

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own head from a hospital bed, if she could hold

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a conversation, if she could remember what she had done,

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then what exactly was broken a. Zayzel's answer was that

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psychosis is not a light switch. He told the jury

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that hallucinations come and go like waves at a beach,

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and that somebody in the grip of postpartum psychosis can

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still do ordinary things make a phone call, drive a car,

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take a kid to the doctor, which is exactly what

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Lindsey Clancy did on the last day of her children's lives. Look,

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I'm going to be honest with you. This is the

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argument that decides this case, and it is not an

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easy one for either side. The prosecution has spent weeks

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showing this jury a woman who searched things on her phone,

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who timed how long her husband would be gone, who

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was functional enough to move through an ordinary Tuesday. And

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the defense answer is that all of that is compatible

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with being psychotic, because psychosis does not politely announce itself

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and clear your calendar. Zezel also told the jury something

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that cuts against the state's theory in a different way.

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He said psychological testing administered by a doctor working for

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the government found no evidence that she would faking or

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exaggerating symptoms, and he said that before the killings, she

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described having horrible thoughts and believed those thoughts were so

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loud that strangers around her could hear them. The prosecution's

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other angle was the expert himself. Buckingham asked Zeisel whether

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he had ever spent as much time with a defendant

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he was evaluating for criminal responsibility. He said that in

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his entire career as a defense expert, there had been

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exactly one other person. The word the prosecution was reaching

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for is confirmation bias. Sixty visits, three years a relationship,

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At what point does the evaluator stop evaluating and start advocating.

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That is a fair question, and it gets asked of

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every expert in every insanity case in America. The defense

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has an answer for it. On redirect Reddington went back

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to the records from Tewksbury Hospital, where Clancy has been

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held since twenty twenty three, and pulled out the parts

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the prosecution had not read aloud. Zeizel told the jury

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she is well regarded on the unit, that she has

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bad days and worst days, and that she talks about

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her children, that she loves them and misses them and

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thinks about them almost every moment of every day. That

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testimony is not evidence of anything legal. Grief after the

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fact is not a defense, and it is not proof

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of guilt either.

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What it is is the.

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First time this jury heard how the woman at the

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defense table feels now about the three children she killed

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and juries are.

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Human they notice.

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Then Wednesday got strange twice. First, there was a fight

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about a witness the defense wanted and did not get.

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Her name is Emily Thorndyke. She is a licensed clinical

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social worker who worked at McLain Hospital, the psychiatric facility

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where Lindsey Clancy was treated. In late twenty twenty two.

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She had been watching the trial, and she posted a

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video on TikTok pushing back on what prosecutors were telling

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the jury about staffing levels at McLain. The defense wanted

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her on the stand. Judge William Sullivan sent the jury

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out and listened to her himself. Then he ruled she

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could not testify. And that ruling is correct. And here

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is why Thorndyke left McLain in twenty twenty one. Lindsey

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Clancy did not get there until late twenty twenty two.

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Whatever she believes about that place, she was not there

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for the part that matters. But watch what the judge

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did next, because this got lost in the noise. He

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let the McClain staffing records into evidence. So the underlying

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point the defense wanted that the hospital may have been

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thin on staff when Clancy was there is in front

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of the jury. Anyway, it came in on paper instead

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of threw a person with a TikTok account. The evidence

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got in the influencer did not. That is a judge

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doing his job. The second strange thing happened right after lunch.

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Court was supposed to resume around two fifteen. Instead, Sullivan

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called the lawyers to sidebar, then came back and told

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the jury they were going home. He said it was

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due to an unforeseen circumstance. He told them this was

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not something anybody saw coming, that they were not to

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speculate about it, and that they were not to hold

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it against either side. He said the case was still

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on schedule, and then everybody went home. No explanation, not

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to the jury, not to the press, not to anybody.

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I have no idea what that was, and I am

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not going to pretend I do. In a trial where

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the defendant needs a medical transport van and round the

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clock supervision, there are about forty ordinary things that can

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go sideways in an afternoon. What I will tell you

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is that the judge said the schedule holds, and the

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schedule is the thing to watch now, because here is

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where this trial actually stands. The defense was expected to

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call one more witness and then it may rest. After

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that the prosecution gets rebuttal, and rebuttal here means their

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own mental health experts telling this jury a different story

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about the same woman. Reddington has said publicly that closes

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arguments could start as early as Monday, and that each

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side would get thirty minutes thirty minutes, four weeks of testimony,

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seventy something witnesses for the state alone, and it comes

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down to thirty minutes aside, and then eighteen people carrying

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it into a room. Cora Clancy, Dawson Clancy, Callan Clancy,

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five three and eight months old. Everything in that courtroom

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is an argument about their mother. Somebody has to say

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their name. Now to Las Vegas, where the trial of

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Dwayne Davis is in its first full week of testimony,

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and prosecutors have started calling the people who heard it

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first quick reset. Davis is sixty three. He is charged

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with murder with a deadly weapon with an enhancement for

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allegedly acting to promote a criminal gang. He has pleaded

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not guilt. He is not accused of pulling the trigger.

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The States theory is that he was the one who

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bought the gun and handed it into the backseat of

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a white Cadillac on the night of September seventh, nineteen

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ninety six, and that the man who fired it was

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his nephew, Orlando Anderson. Everyone else in that car is dead.

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Anderson was killed in an unrelated shooting in nineteen ninety eight.

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He was twenty three, and he was never charged in

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Tupac Shakur's death. Tuesday belonged to James MacDonald, known as

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Mob James, who ran security for Suge Knight and death

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Row record, and he did not want to be there.

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He testified under court order, told the room that people

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have not talked about that night in thirty years and

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today was not going to be the day, and declared

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himself hostile. When Davis's attorney, Michael Samft kept pressing him

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about the aftermath in Compton, McDonald told him he did

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not want to send him to prison. Then he looked

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past the lawyer at the defendant and told Davis to

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talk to his own attorney. There is a playbook for this.

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A witness who will describe the politics and the record labels,

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but not what he actually saw is not new. What

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McDonald did do was knocked down one of the internet's

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favorite theories about this case, the one that says death

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Row's own head of security orchestrated the killing. His answer

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was blunt and practical. Tupac was the money killed Tupac,

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and there is no death Row. Wednesday was a half day,

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and it was the day this case stopped being about

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atmosphere and started being about Dwayne Davis's mouth. The first

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witness was Wade Lee, a former FBI special agent who

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worked gangs in south central Los Angeles. Lee testified that

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he arrested Davis for drug trafficking in the late nineteen nineties,

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that he was investigating gangs rather than the Shakur murder,

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and that he interviewed Davis twice off the record, and

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in those conversations, according to Lee, Davis denied everything, said

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he did not know who killed Tupac. Shakur said he

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and Anderson were anger after the casino fight, but were

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not about to do anything with that many police around.

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He also pointed the agent toward people from New York,

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which is an accusation about living people that has never

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been charged and that we are not going to repeat

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on this show. Then came Darren Dupree, a former Los

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Angeles police detective, and Dupree is the reason Wednesday mattered.

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In two thousand and eight, Dupree was working a task

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force on a completely different unsolved murder, that of Christopher Wallace,

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the notorious Big who was shot in Los Angeles in

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nineteen ninety seven. Davis was a person of interest in

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that case, partly because he drove the same kind of

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car the shooter had been in, so they brought him

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in for what is called a profit session, which is

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an off the record conversation between investigators and a suspect

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that can become the basis for a deal later on.

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And in that room, according to Dupree, Davis denied having

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anything to do with the Wallace killing. He said, they

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did not have anything to do with that. One on

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the investigators caught the word that one. What do you

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00:13:04.120 --> 00:13:08.080
mean that one? And dupre testified that Davis answered, we

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did the other one. Dupre told the jury there was

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only one other one. From there, According to the detective,

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Davis laid out a version of the night that lines

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up with what he would put in a book. Eleven

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years later, four men in the cadillac, Davis handed the

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gun toward the back seat.

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The man he handed it to was afraid to fire, and.

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Anderson reached over him, took it and shot across him.

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The prosecutor asked Duprex whether he had any reason to

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doubt the story, and Dupree's answer was the strongest thing

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the state is put in front of this jury so far.

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He said he did not believe Davis was lying because

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Davis was putting the gun in his own nephew's hand

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in that neighborhood Dupree said, Orlando Anderson was the prince,

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his family loved him. You do not hang a murder

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00:13:54.960 --> 00:13:58.600
on your own nephew for fun. That is not forensic evidence.

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00:13:59.120 --> 00:14:02.879
There is no gun, no DNA, no eyewitness in that

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cadillac who is still breathing. This is a case built

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00:14:06.399 --> 00:14:10.240
on what a man said repeatedly to different people over

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00:14:10.360 --> 00:14:13.559
about fifteen years, and whether you believe he meant it,

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which is exactly where the defense lives. Soft told the

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jury in his opening that his client was known to

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00:14:20.120 --> 00:14:22.799
make things up, that the memoir was fiction, that the

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00:14:22.840 --> 00:14:26.399
interviews were a hustle, and he asked what facts actually

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00:14:26.440 --> 00:14:28.840
put Keffi d in a car in Las Vegas that night.

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That is a real argument.

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It is also an argument that requires a jury to

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believe a man confessed to orchestrating one of the most

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00:14:37.440 --> 00:14:41.720
famous murders in American history repeatedly to cops and to

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federal agents, and to a publisher and to a camera

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00:14:44.879 --> 00:14:48.080
and meant none of it. I will say this plainly.

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If the defense is right, then Dwayne Davis spent twenty

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00:14:51.159 --> 00:14:53.519
years selling the story of a murder he did not commit,

264
00:14:53.919 --> 00:14:57.039
using a dead kid's name to move copies. That is

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00:14:57.080 --> 00:14:59.720
the most generous version of his own case. That is

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00:14:59.759 --> 00:15:03.639
what winning looks like here. There is more coming. The

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00:15:03.679 --> 00:15:06.960
witness list still includes Suge Knight, who is currently serving

268
00:15:07.039 --> 00:15:10.399
twenty eight years for voluntary manslaughter and who is publicly

269
00:15:10.399 --> 00:15:13.720
indicated he will not be helpful, and Nevada's current governor,

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00:15:13.879 --> 00:15:16.879
Joe Lombardo, who was the sheriff in Las Vegas when

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00:15:16.960 --> 00:15:20.240
this case was revived. This trial is expected to run

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00:15:20.240 --> 00:15:24.480
about another month. Tupac Shakur was twenty five years old.

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He was shot on the Las Vegas Strip on September seventh,

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00:15:27.600 --> 00:15:31.480
nineteen ninety six, and he died six days later. Nobody

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was ever charged for thirty years. Somebody has to say

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his name. Our third story today, and this one has

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been running in the background of this show since the spring.

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On June ninth of this year, a Collin County jury

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00:15:54.000 --> 00:15:57.960
convicted nineteen year old Carmelo Anthony of murder for stabbing

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00:15:58.039 --> 00:16:00.600
seventeen year old Austin Metcalf in the chest at a

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00:16:00.679 --> 00:16:04.039
high school track meet in Frisco, Texas, in April of

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00:16:04.120 --> 00:16:07.600
last year. Both of them were seventeen when it happened.

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00:16:08.399 --> 00:16:12.840
The jury took about three hours. It rejected the lesser

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00:16:12.879 --> 00:16:16.440
option of manslaughter. Then it rejected the argument that he

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00:16:16.519 --> 00:16:20.120
acted in sudden passion, which would have opened the door

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00:16:20.240 --> 00:16:23.600
to a much lighter sentence, and it gave him thirty

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00:16:23.600 --> 00:16:28.039
five years. In July, Anthony's new legal team, working without

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00:16:28.080 --> 00:16:31.080
pay and led by a Dallas attorney named Russell Wilson,

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00:16:31.480 --> 00:16:34.879
filed two motions. One asked for a new trial, the

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00:16:34.960 --> 00:16:37.960
other asked the trial judge John Roach Junior to step

291
00:16:38.000 --> 00:16:41.039
aside from ruling on it. On Wednesday, they won the

292
00:16:41.080 --> 00:16:44.360
second one. The hearing was handled by a visiting judge

293
00:16:44.519 --> 00:16:47.960
Sid Harley out of San Antonio, who runs the fourth

294
00:16:47.960 --> 00:16:51.919
Administrative Judicial Region and who most recently presided over the

295
00:16:52.000 --> 00:16:56.039
Uvalde School shooting prosecution, and the defense opened by hitting

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00:16:56.120 --> 00:16:58.840
play on an eighteen minute interview that Judge Roach gave

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00:16:58.879 --> 00:17:02.840
to a Dallas television station after the verdict came in.

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In that interview, Roach was asked whether the jury got

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00:17:05.359 --> 00:17:08.599
it right. He said, whatever they say, they got it right.

300
00:17:09.559 --> 00:17:12.480
He described Anthony as a nice young man who committed

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00:17:12.480 --> 00:17:15.960
a crime who now understands the consequences. He defended his

302
00:17:16.000 --> 00:17:19.119
own courtroom rules, and he said he was irritated about

303
00:17:19.200 --> 00:17:22.480
AI generated images circulating as though they were shot inside

304
00:17:22.480 --> 00:17:26.440
his courtroom, when no cameras were ever allowed in the

305
00:17:26.480 --> 00:17:29.759
defense's argument was simple, You cannot go on television and

306
00:17:29.880 --> 00:17:32.799
endorse a verdict while a motion attacking that verdict is

307
00:17:32.839 --> 00:17:35.880
sitting on your desk. And here is where Judge Harley

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00:17:35.960 --> 00:17:37.519
was careful in a way I want you to hear,

309
00:17:37.680 --> 00:17:39.480
because the headlines flattened it.

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00:17:39.960 --> 00:17:43.720
Harley said he did not know Roach. He said recusal

311
00:17:43.960 --> 00:17:46.200
is a very high bar. He said he.

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00:17:46.119 --> 00:17:49.240
Did not find that Roach violated the rules of judicial conduct,

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00:17:49.519 --> 00:17:52.200
and he said he personally believed Roach could rule fairly

314
00:17:52.240 --> 00:17:55.079
on the motion. And then he said that is not

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00:17:55.200 --> 00:17:58.559
the test. The test is whether a reasonable member of

316
00:17:58.640 --> 00:18:01.119
the public, looking at all of it from the outside,

317
00:18:01.200 --> 00:18:05.200
could question the judges in partiality under that standard, and

318
00:18:05.319 --> 00:18:10.119
only that standard. He granted the recusal. Prosecutor Bill Wirsky

319
00:18:10.200 --> 00:18:13.480
pushed back hard. He argued that Roach did nothing wrong,

320
00:18:13.680 --> 00:18:16.319
that the people who actually lived through that trial know

321
00:18:16.440 --> 00:18:18.920
it was run properly, and he put a good chunk

322
00:18:18.920 --> 00:18:21.319
of the blame for the atmosphere around this case on

323
00:18:21.319 --> 00:18:25.880
online influencers. He also said something worth remembering that both

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00:18:25.880 --> 00:18:30.480
sides in this case have received death threats. By Wednesday afternoon,

325
00:18:30.640 --> 00:18:33.559
a retired Kaufman County judge named Michael Chitty had been

326
00:18:33.599 --> 00:18:36.400
assigned to take over, and he took the bench Thursday

327
00:18:36.440 --> 00:18:38.640
morning at nine to hear the motion for a new

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00:18:38.720 --> 00:18:42.160
trial itself. Now I need to be clear about what

329
00:18:42.240 --> 00:18:46.680
that motion is, because it is being wildly misreported. It

330
00:18:46.759 --> 00:18:49.720
does not argue that Carmelo Anthony is innocent. It does

331
00:18:49.759 --> 00:18:52.079
not ask anybody to let him out. He is in

332
00:18:52.119 --> 00:18:55.279
the custody of the Texas Department of Criminal Justice serving

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00:18:55.319 --> 00:18:58.720
thirty five years, and nothing that happened this week changed

334
00:18:58.720 --> 00:19:02.039
that by a single day. What it argues is that

335
00:19:02.079 --> 00:19:04.440
the trial was run in a way that violated his

336
00:19:04.559 --> 00:19:09.720
constitutional rights three grounds. One that the courtroom was effectively

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00:19:09.759 --> 00:19:13.160
closed to the public, that seating was severely limited, and

338
00:19:13.200 --> 00:19:16.480
that an overflow room was shut down once testimony began.

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00:19:17.519 --> 00:19:20.519
Two that prosecutors backed out of an off the record

340
00:19:20.519 --> 00:19:23.880
agreement about what character evidence would stay out, and that

341
00:19:23.920 --> 00:19:27.279
when it collapsed, Anthony was effectively forced into giving up

342
00:19:27.319 --> 00:19:29.559
his right to take the stand and tell the jury

343
00:19:29.599 --> 00:19:33.039
he acted in self defense. And three that the jury

344
00:19:33.039 --> 00:19:36.039
instructions made it hard for jurors to reach self defense

345
00:19:36.079 --> 00:19:41.000
at all. Those are process arguments, every one of them.

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00:19:41.200 --> 00:19:45.039
And process is how convictions actually get overturned in this country.

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00:19:45.119 --> 00:19:48.880
When they get overturned at all, which is rarely. The

348
00:19:49.039 --> 00:19:52.839
recusal ruling produced cheering in a courthouse hallway and chanting

349
00:19:52.839 --> 00:19:55.599
in a parking lot. And I think that is because

350
00:19:55.599 --> 00:19:58.000
a lot of people heard the word removed.

351
00:19:57.559 --> 00:20:00.160
And thought it meant something. It does not mean.

352
00:20:01.079 --> 00:20:03.480
An appellate lawyer in Dallas put it about as well

353
00:20:03.519 --> 00:20:06.240
as it can be put. You do not see this often,

354
00:20:06.279 --> 00:20:08.519
and you do not see it granted often, but it

355
00:20:08.519 --> 00:20:11.400
does not mean he has won anything. The new judge

356
00:20:11.400 --> 00:20:14.119
inherits a jury verdict, and a jury verdict is a

357
00:20:14.119 --> 00:20:16.960
heavy thing to move. There is a second reason this

358
00:20:17.000 --> 00:20:19.440
case runs so hot, and I am not going to

359
00:20:19.480 --> 00:20:25.160
pretend it away. Carmelo Anthony is black. Austin Metcalf was white.

360
00:20:25.200 --> 00:20:28.559
This case became a national argument about race within about

361
00:20:28.599 --> 00:20:31.680
forty eight hours of the stabbing on both sides, most

362
00:20:31.680 --> 00:20:34.119
of it conducted by people who were not in Frisco,

363
00:20:34.200 --> 00:20:38.000
Texas and who never met either kid. Attorneys on both

364
00:20:38.039 --> 00:20:40.680
sides told that jury the case was not about race.

365
00:20:41.440 --> 00:20:44.920
The jury deliberated for three hours whatever you think about

366
00:20:44.960 --> 00:20:47.920
the verdict, that is what happened inside the room. And

367
00:20:48.039 --> 00:20:51.640
Austin Metcalf's father has been talking publicly again this week.

368
00:20:52.079 --> 00:20:54.519
He has said the ruling reopened a wound that it

369
00:20:54.640 --> 00:20:58.200
started to close, and that his focus is the foundation

370
00:20:58.319 --> 00:21:00.680
he started in his son's name and the work of

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00:21:00.759 --> 00:21:03.160
keeping other parents out of the chair he is sitting in.

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00:21:03.759 --> 00:21:06.559
That is the part that does not move. There are

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00:21:06.640 --> 00:21:09.920
motions and hearings and new judges, and there will be

374
00:21:09.960 --> 00:21:13.279
an appeal after this, and probably an appeal after that.

375
00:21:14.160 --> 00:21:17.519
Accountability doesn't have a legal department. It has a courtroom

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00:21:17.599 --> 00:21:19.599
and a docket and a family that has to show

377
00:21:19.680 --> 00:21:23.440
up every time. Austin Metcalf was seventeen years old. He

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00:21:23.559 --> 00:21:25.599
died under a tent at a track meet in the

379
00:21:25.680 --> 00:21:27.440
rain in his twin brother's arms.

380
00:21:27.880 --> 00:21:30.799
Hunter Metcalf was there. Somebody has to say his name.

381
00:21:32.799 --> 00:21:34.119
That's the show for Friday.

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00:21:34.599 --> 00:21:37.000
If this one gave you something you didn't have this morning,

383
00:21:37.279 --> 00:21:39.440
do me a favor and send it to one person.

384
00:21:39.920 --> 00:21:42.559
Text the link, say the name of the show out

385
00:21:42.640 --> 00:21:45.720
loud to somebody who likes this stuff. That is how

386
00:21:45.759 --> 00:21:48.920
this thing grows, and it is the only advertising we

387
00:21:49.000 --> 00:21:53.200
have got, and if you're listening on Spotify, drop a comment.

388
00:21:53.759 --> 00:21:55.359
I want to know what you make of that thirty

389
00:21:55.400 --> 00:21:58.240
minutes aside in Plymouth, because I've been chewing on it

390
00:21:58.279 --> 00:22:00.720
all week. Whether that is enough time to hand a

391
00:22:00.799 --> 00:22:04.400
jury a case this size. YouTube comments work too, I

392
00:22:04.480 --> 00:22:07.920
read them. We'll be back Monday, and by then the

393
00:22:07.960 --> 00:22:10.799
Clancy defense should have rested. We should know what came

394
00:22:10.799 --> 00:22:13.400
out of Thursday and Friday in Las Vegas, and we

395
00:22:13.440 --> 00:22:17.599
should have a ruling out of Colin County, Cora Dawson

396
00:22:17.720 --> 00:22:24.519
and Callan Clancy, Tupac Shakur, Austin Metcalf do better now

397
00:22:24.559 --> 00:22:27.480
the disclaimer, and there is a fair amount of it today.

398
00:22:28.039 --> 00:22:31.960
Everything in this episode comes from court proceedings, court filings,

399
00:22:32.160 --> 00:22:36.920
and reporting by outlets covering these cases directly, including Court TV,

400
00:22:37.359 --> 00:22:41.920
the Associated Press, Courthouse News Service, Boston twenty five News,

401
00:22:42.240 --> 00:22:50.400
The Boston Globe, CBS News, CNN, NPR, PBS, WBUR, NBC five,

402
00:22:50.519 --> 00:22:54.160
Dallas Fort Worth, k r A, the Dallas Morning News,

403
00:22:54.559 --> 00:22:58.400
the Las Vegas Review Journal, and Las Vegas television stations.

404
00:22:59.200 --> 00:23:02.359
Testimony just described here is what a witness said under oath.

405
00:23:02.680 --> 00:23:05.799
It is not a finding of fact. Juries decide what

406
00:23:05.920 --> 00:23:10.079
testimony is worth. Reporters don't, and neither do I. On

407
00:23:10.240 --> 00:23:14.559
the Clancy case, Lindsay Clancy has pleaded not guilty and

408
00:23:14.599 --> 00:23:18.440
her defense's lack of criminal responsibility. She has admitted through

409
00:23:18.440 --> 00:23:21.200
counsel that she killed her children. The dispute is her

410
00:23:21.200 --> 00:23:24.960
mental state. Outlets have reported her age inconsistently through this

411
00:23:25.079 --> 00:23:28.319
trial as thirty five and as thirty six, and some

412
00:23:28.400 --> 00:23:31.279
have listed Callan Clancy as seven months old, while the

413
00:23:31.319 --> 00:23:34.680
court record and most reporting say eight months. We use

414
00:23:34.759 --> 00:23:38.319
thirty six and eight months. Doctor Paul Zeisel is an

415
00:23:38.400 --> 00:23:41.920
expert retained by the defense, and the prosecution is expected

416
00:23:41.960 --> 00:23:44.960
to call its own mental health experts in rebuttal, so

417
00:23:45.000 --> 00:23:46.880
the jury has not heard the other half of this

418
00:23:47.039 --> 00:23:49.839
argument yet. The number of times he met with Clancy

419
00:23:49.880 --> 00:23:53.200
has been reported as roughly sixty and as dozens, and

420
00:23:53.240 --> 00:23:56.640
we use the higher figure. Thursday session in Plymouth was

421
00:23:56.680 --> 00:23:59.720
still underway when this episode was recorded, so anything from

422
00:23:59.759 --> 00:24:03.160
Thirdursday or Friday comes to you Monday. The suggestion that

423
00:24:03.240 --> 00:24:07.039
closing arguments could begin Monday comes from Defense council.

424
00:24:06.839 --> 00:24:08.400
Speaking to a newspaper.

425
00:24:08.640 --> 00:24:10.640
It is not a court order and it can move

426
00:24:11.240 --> 00:24:14.519
and judge Sullivan gave no reason for Wednesday's early adjournment,

427
00:24:14.720 --> 00:24:17.200
so anyone telling you what it was, including me.

428
00:24:17.559 --> 00:24:18.119
Is guessing.

429
00:24:18.759 --> 00:24:22.519
On the Las Vegas case, Dwayne Davis has pleaded not

430
00:24:22.599 --> 00:24:26.119
guilty and is presumed innocent. He is not charged with

431
00:24:26.200 --> 00:24:29.279
firing the shots. The statements attributed to him in that

432
00:24:29.400 --> 00:24:33.240
courtroom come from investigators describing conversations from two thousand and

433
00:24:33.279 --> 00:24:35.640
eight and from the late nineteen nineties.

434
00:24:35.640 --> 00:24:37.680
And those profer sessions were.

435
00:24:37.599 --> 00:24:40.720
By their nature, off the record, so what the jury

436
00:24:40.759 --> 00:24:43.559
is hearing is a former officer's account of them and

437
00:24:43.680 --> 00:24:47.240
not a recording. Davis's defense maintains that his memoir and

438
00:24:47.279 --> 00:24:51.640
his interviews were fabricated for money and attention. Accounts still

439
00:24:51.640 --> 00:24:54.279
differ on how many shots struck Tupac Shakur and on

440
00:24:54.319 --> 00:24:56.759
who fired them, and nobody has ever.

441
00:24:56.559 --> 00:24:58.039
Been charged with pulling that trigger.

442
00:24:58.680 --> 00:25:02.599
Orlando Anderson was never charged and died in nineteen ninety eight.

443
00:25:03.440 --> 00:25:06.279
We have not repeated the uncharged allegations Davis made about

444
00:25:06.319 --> 00:25:09.400
living people in his book or in those interviews, and

445
00:25:09.599 --> 00:25:13.519
we are not going to. On the Texas case, Carmelo

446
00:25:13.599 --> 00:25:16.759
Anthony's conviction and thirty five year sentence stand as of

447
00:25:16.799 --> 00:25:20.319
this recording. The motion heard Thursday does not claim he

448
00:25:20.400 --> 00:25:24.839
is innocent. It claims his trial was constitutionally defective. The

449
00:25:24.920 --> 00:25:28.279
hearing before Judge Chitty was still in progress when we recorded,

450
00:25:28.559 --> 00:25:31.519
so if a ruling came down after that, the number

451
00:25:31.559 --> 00:25:33.680
we could not give you is now public and you

452
00:25:33.680 --> 00:25:37.599
should check the latest. The off the record evidentiary agreement

453
00:25:37.680 --> 00:25:41.640
described in that motion is again off the record, which

454
00:25:41.680 --> 00:25:44.920
means it is characterized in filings and by legal analysts

455
00:25:45.079 --> 00:25:48.839
rather than sitting in a transcript. Comments attributed to Austin

456
00:25:48.880 --> 00:25:51.559
Metcalf's father this week come from an interview he gave

457
00:25:51.599 --> 00:25:55.039
to a tabloid outlet, So we have described the substance

458
00:25:55.119 --> 00:25:57.599
of what he said rather than quoting him, and we

459
00:25:57.640 --> 00:26:01.319
would treat the exact wording with care. This case has

460
00:26:01.359 --> 00:26:04.359
been argued in racial terms online for well over a year.

461
00:26:05.079 --> 00:26:08.200
We have reported what was argued and decided inside the courtroom,

462
00:26:08.400 --> 00:26:10.839
where attorneys on both sides told the jury.

463
00:26:10.559 --> 00:26:14.119
The case was not about race. We're a podcast, not

464
00:26:14.200 --> 00:26:14.839
a courtroom.

465
00:26:15.119 --> 00:26:17.759
This is commentary, not legal fact, and when we get

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something wrong, we correct it on air. This is Daily

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Crime and Justice. I'm Garrett Fisher,