Merrick Garland's Potential Felonies, and New Evidence in Idaho Murders Case, with Ric Grenell, Marcia Clark, and Mark Geragos | Ep. 577
Jun 28, 2023
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Ric Grenell, Marcia Clark, and Mark Geragos join Megyn Kelly to discuss potential felonies by AG Merrick Garland, the Idaho murders case, Biden's defense on an audio tape, Trump's path to beat Biden in 2024, Menendez brothers' potential new trial, and new evidence in the murders case.
The use of circumstantial evidence, such as the direct DNA match found on the knife sheath, provides strong support for the prosecution's case in the Idaho murder trial.
Genetic genealogy and DNA evidence have played significant roles in identifying the suspect and linking him to the crime in the Brian Colberger murder trial.
The incident of House and Senate Democrats walking out in protest when Marcia Clark, a renowned prosecutor and openly gay woman, was honored, highlights the increasing political polarization and lack of tolerance for differing viewpoints.
The challenges and complexities of seeking the death penalty in capital punishment cases are discussed, including potential impact on jury decision-making and the importance of gathering strong evidence.
Deep dives
Prosecutors seek death penalty in Brian Colberger murder trial, shocking the panel and raising challenges
Prosecutors in the Brian Colberger murder trial in Idaho have announced that they will seek the death penalty. This move does not come as a surprise given the heinous nature of the crime in which Colberger is accused of killing four college students. The panel discusses the potential challenges this decision may pose in front of a jury, considering that the death penalty is on the table. It is debated whether seeking capital punishment can lead to a more pro-prosecution jury or a more reluctant one. Also addressed is the use of circumstantial evidence in the case, specifically the direct DNA match of Brian Colberger's DNA found on the knife sheath left at the murder scene. While some may question the nature of circumstantial evidence, the panel clarifies that it includes reliable indications such as fingerprints or DNA. This significant DNA match provides strong support for the prosecution's case against Colberger.
Genetic genealogy and DNA evidence play a crucial role in the Brian Colberger murder trial
Genetic genealogy and DNA evidence are playing significant roles in the Brian Colberger murder trial. The prosecution utilized genetic genealogy, which involves searching public and private databases to find matches for DNA samples left at the crime scene. Although the DNA did not match any known suspects in the FBI's database, it ultimately led investigators to the Colberger family. The latest development reveals that Brian Colberger's DNA directly matches that found on the knife sheath left at the murder scene. This provides compelling and concrete evidence linking Brian to the crime. The panel emphasizes that while some may view such evidence as circumstantial, it is nonetheless powerful in establishing a clear connection between the suspect and the crime.
Controversial reactions to honoring Marcia Clark in California shed light on political polarization and LGBTQ+ representation
Controversy arose when Republicans in the California State Assembly attempted to honor Marcia Clark, the renowned lead prosecutor in the O.J. Simpson trial and an openly gay woman. House Democrats and Senate Democrats walked off the floor in protest, demonstrating a lack of tolerance for differing viewpoints. This incident served as an example of the increasing political polarization and inability to engage in respectful dialogue. The panel highlights how the issue extends to LGBTQ+ representation, as certain groups within the community demand adherence to specific beliefs and ideologies, effectively silencing those who do not conform. The discussion emphasizes the importance of tolerance and open-mindedness, focusing on a person's right to express differing opinions without facing cancel culture or exclusion.
The challenges and significance of seeking the death penalty in capital punishment cases
The panel discusses the challenges and significance of seeking the death penalty in capital punishment cases like the Brian Colberger trial. While Idaho's mores and legal standards may allow for the death penalty, some argue that juries may be more reluctant to convict if they know the potential punishment. However, others suggest that death penalty jurors tend to be more pro-prosecution. The panel also addresses the importance of gathering strong evidence in cases where capital punishment is sought, noting the direct DNA match found on the knife sheath in the Colberger case. The potential impact of utilizing circumstantial evidence, such as DNA, as a powerful tool to establish a connection between the suspect and the crime is emphasized, further highlighting the complexities of seeking the death penalty.
Main Idea 1
Daniel Penny pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in connection to the subway incident where he restrained a man threatening passengers. Penny maintains that his actions were in self-defense and to protect others from harm.
Main Idea 2
The judge has requested an explanation from the LA County District Attorney about why evidence of possible abuse by the Menendez brothers' father was not presented in their trial. The judge referred to a letter written by Eric Menendez months before the murders, describing his father's abuse. The defense argues that the omitted evidence supports a new trial.
Main Idea 3
The defense in the Menendez brothers' case also seeks to include new evidence of molestation allegations made by a member of the boy band Menudo against the father, Jose Menendez. The defense believes these allegations support their claim of abuse, which was the basis of their defense in the original trial.
Megyn Kelly is joined by Ric Grenell, former acting DNI director, to talk about the potential that AG Merrick Garland committed perjury in front of Congress, allegations about his attempts at interference by the IRS whistleblower, the way it works in the swamp of D.C., new information that the supposed classified Iran documents are not involved in the Trump indictment, Trump's new defense about the audio tape, former Trump administration staff attacking Trump now, the Trump path to beat Biden in 2024, California legislature members walking out after Grenell received a Pride month honor, and more. Then legendary lawyers Marcia Clark and Mark Geragos join the show to discuss what we're learning about crime scene evidence in the Bryan Kohberger Idaho murders case, new details about the defense’s strategy, the potential death penalty on the table in the trial, a potential new murder trial for the Menendez brothers, how a former Menudo member plays into the case, a new charge against Daniel Penny in the death of Jordan Neely, and more.
