Andy Mccarthy, Mary, Andrew Mccarthy discussed on Mornings on the Mall with Brian Wilson


And it is so perfect, pervasive that it is. I just don't know how this jury it can really be said to be that they are free from the taint of this, and now that we have U. S representatives Uh, threatening acts of of, uh, violence in relation to the specific ease eyes is mine. Violence, rejection? Well, I'll give you that kind of swollen waters may have given you Something an appeal that may result in this whole trial being over trip this whole trial potentially being overturned. That was Judge Peter Cahill yesterday, commenting on the words of Congresswoman Max in waters over the weekend, who was calling for agitators in the streets to up the ante, should they not get a guilty verdict for Derek Shoven to analyze all of it and how the trial itself is going. We bring in Andrew McCarthy, a former assistant, U. S attorney for the Southern District of New York, a contributing editor, National Review and a host of the podcast. The McCarthy report, Andrew Good Morning. Morning. How are you? Good. How unusual is it to hear a judge say something like this about an elected lawmaker. And were you at all surprised that he suggested that this trial could be overturned on appeal? Well, you know, it's it's not all that unusual in high profile cases, and that's why over the years I've been critical whether it was Republicans and Democrats who you know, can't help themselves and decide that they have to weigh in on either a pending investigation or even worse. Pending trial when you actually have jurors who were being instructed by the court to avoid publicity's toe have Politicians out there not only stirring up the publicity's but actually making comments that common sense wise can be taken his threats to the jurors. And to the process is just It's outrageous. So you know clearly it creates A real problem on appeal. Convinced that's not just because of what Maxine Waters said. It's because there's a whole context here where the defense has claimed with some force, I think from the beginning that they couldn't get a fair trial. In Hennepin County in the Minneapolis area to begin with and then you have the whole situation with what happened in in Brooklyn Center last week. And well, I think the judge has done a very good job on this trial. I think a blunder Woz not sequestering the jury when that happened, and then I think the judge made the situation worse. Why, instead of just sort of putting their heads down and plowing through and finishing the trial when they were near the end, when the Brooklyn Center thing happened, he could have requested them started summations, charge them and got them working. On deliberations over the weekend. Instead, he sent them home. He decided to give Friday off and he sent them home for a long weekend so that they could be there in the middle of all these violent demonstrations and all that news coverage. I think that was Not a good thing to do it, Which is what which is one of the things that is puzzling to me. I've never served on a jury, let alone a jury. That would be in a in a long trial like this. Is it possible for jurors to go home who live in the same area as all of these rights and everything else were happening? Is it possible for them to avoid the news? I don't even know if that's possible. Is that realistic? Well, Mary, you want them to avoid the news on they do get they do get asked to do that. And they, you know, make an effort to do that. But the reason you want them to avoid the news, you know, it's not just like, Oh, I heard news. So that makes me unqualified. What you want to do is promote the thing that you're looking for from the jury, which is that they could decide the case fairly and impartially on Lee on the basis of the evidence that they hear in court and the judge's instructions. So even when they hear things you still That doesn't mean they're automatically disqualified to be. You have to come in and question them and decide whether you think they could still be fair or not right? It makes it very difficult for them to be fair if you throw them into an ocean of publicity. I mean, Andrew McCrae. Let's be honest. If if my if your family member was a part of this jury, and you knew that, and you heard that, Wow, there's gonna be a lot of violence. If the if the verdict doesn't go one way you might Mentioned it to your family member. You might be like, Look, I'm a little concerned for your safety. There's all these threats out there that if the verdict doesn't come down this way that it could be bad for us, and I just care a lot about you. I hope that doesn't happen. It's not hard to see that that scenario playing out No, of course not. Now, On the other hand, I think in my family and the way it works in a lot of people's families who have respect to the system, you know what the jury is going through and you go out of your way not to make it more difficult, horrible. But at the same time everybody has known from Day one. That e. I mean, they rioted the whole summer. Everybody knows that a not guilty verdict or even a verdict of manslaughter. I'm afraid is not gonna be acceptable. And frankly, I think they're gonna riot even if there's a conviction because they'll take that as affirmation that the police of this country are at war on on the hunt for young black men, So they've got to come in. They're going. They're gonna riot either way. So would it have been possible for the judge to just bring the jurors back and ask if they heard Maxine Waters comments? But it's not only possible. We don't know that that didn't happen. Him and what you would. What you would normally do is that that would go on, usually out of the presence of the public because they're trying to protect the jury's identities, which they should be doing, But it would happen with the parties there. It wouldn't be just a judge in the room with the jurors. And they would ask each juror if something inflammatory enough happened. You would usually bring them in and question them one by one about did they hear it? What did they think of it? What if they think they heard And can they be fair and impartial? Andy McCarthy was just a minute to go here. We just do what we want to assess. You. See if you could give us your top line assessment of how you think This outcome is going to go. Did the defense raise enough? A reasonable doubt in the minds of the jury..

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