SAM, Sam Hair, Murder discussed on Sleuth

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Any pursuit of death should start with his fairness just should be a fair process. You shouldn't have a prosecutor, arguing two different theories to get death. All. I mean, I have a lot of evidence Sherie issues, things that I think should have come in as evidence. But there are a lot of things that I thought made this whole process unfair referring to SAM's past. That's, that's one of them for listeners. Sam hair at one point is life was charged with murder and he was acquitted. I think his defense lawyer did a great job and they were able to keep out all of the key evidence and kind of unique feary and should be commended for that. But in the standard that used in most cases in the what I think is a legal standard. Once the prosecutor took certain steps in our litigation we should have had the right to introduce that evidence and the way they the prosecution chose to kind of present Mr. her which they didn't have to do. They went further in kind of presenting him as a solid citizen. We had the right to to answer that, but there's all sorts of other places, including. You know what we've been focusing on today. You know, if I look at all of that, I keep coming back to the same spot too. Often in this county evidence hasn't been turned over and I look at this and wondering what else wasn't turned over and I don't. I think it's reasonable. If you have a prosecutor that's making type of arguments he's making, why on earth would I believe he, it's it's beyond him to just keep some evidence that he thinks might be beneficial to us. And what I know you talked about how you felt for the Daniel was the trial. You felt that in many cases it wasn't a fair trial. What was the most agreed jus- example of where you thought you did not get a fair break? Will you know? One of the ankle certainly is the Sam, her evidence. I mean, we thought that we the interesting thing was we didn't anticipate getting into that because we thought the prosecutor was gonna actually limit himself. And you can do that because basically what the prosecutors option is to put on evidence about his impact on Uman lives. So you could put on people talk about how sad it was in that wouldn't have allowed us arguably to get into this next spot, which is Sammer having killed somebody in his past charged with it. Well, I mean charged with that crime. That's your, you know now. Charged. She was acquitted. Right? And I'm, I appreciate the process, but I don't. Yes, I hope so I appreciate the process, but I don't. I don't agree that he didn't kill. You know, I'm just the evidence doesn't point to that. It just the evidence all got kept back. I mean, he confessed in statements. The statements just didn't get introduced. I know that this was a important point for Scott that he did not win the argument of introducing SAM's passed in the Dan Wozniak trial, and although the jurors didn't have a chance to hear the facts. I thought my listeners deserve to know what happened in SAM's past when he was in fact charged with murder. And so I spoke at length with retired sergeant Gilbert Anderson who was the lead detective on SAM's murder case and suffice to say that there were eighteen defendants that were charged. With the murder of Byron Benito who was an MS gang member, and he was in fact, the victim that was Lord as sergeant Anderson says he was lured by his best friend at the time, Sam hair and Sam brought him to undisclosed location where rival gang members from the Brown familiar family were waiting to attack Byron and Sam at that time was growing increasingly frustrated with his friend. Byron Byron was acting like a bully in many instances beating up members of the Brown familia gang for no apparent reason. And so Sam was starting to distance himself, but he did not believe from what I can gather that the Brown familiar family. Had any intention of murdering his friend Byron, it was his belief that he was maybe going to be roughed up and everyone that knew Sam would tell me he would never run away from fight, which is why Sam himself was injured from the attack. Eventually Biron Benito did peice away from his injuries and eighteen people stood charged with that murder. Six of them including Sam were acquitted, and the reason that Sam hair was acquitted of these charges were because there was a technicality that the judge at the time felt there was a illegal as he called it arrest. After a traffic stop. The police had stopped Sam because they saw some scooters in his car, and at the time a lot of scooters were being stolen. And so the actual traffic stop the judge said was was fine. It was the, it was the arrest afterwards that the judge felt was far reaching. So therefore anything after the arrest was thrown out, the not included SAM's confession, he, he was haunted by this. It was his friend. I think he felt bad. I think in many ways he was self medicating because he felt so bad. But he did, I guess, after many hours with the sergeant, he did finally confessed to his ROY. Role. And Steve hare told me that while he and SAM's attorney that Steve hired were waiting outside the interrogation room for whatever reason, police did not allow the attorney access to Sam. I don't know if it was because Sam didn't ask for an attorney, but that is what Steve Kerr had mentioned to me. And ultimately, because that confession was thrown out, Sam was acquitted of all charges. And I just think it's important to mention that that same officer the same sergeant that spoke to, he said that he wanted it to be clear that Sam never went back to a life of crime. Sam from there really turned his life around join the army, and he he, he never looked back and tried to continue on that path that was going to only Lee. Him to prison at some point is also important to note that SAM's past was something that he used as a litmus test often because he he would share this past with with people that he barely knew at times. In fact, SAM's fiance at the time had told me in a later interview that that he had this paperwork that he would show people and they would read it and and they would see what his pass was about in and what he had been through. And if they reacted in a way that they said, well, you know what, you're our guy. You're our friend and we're not holding that against you. Then he would become friends with that person or if they were turned off by what they read, then he knew that they would never be real friends. So he did the same thing with Daniel and Rachel. And this happened a weekend before the murders. Daniel had been arrested by the Costa Mesa police ironically, for an outstanding DUI warrant. And he was the lead in. A musical called nine at the time. And so Rachel scrambling to get his bail money raised because he, he was the lead and they weren't going to be able to perform the next night if she couldn't get him out of jail. So Dave Barnhart and John Randolph friends of theirs and neighbors at the Kempton Martinique called around to try to raise the bail money. And one of those people that they called was Sam hair, but he refused to give money. I don't know them very well, and I have no interest in participating in this dudes bail money. SAM's friend Ruben Manach. Oh, recalls the story. Sam received a phone call from Dave, Dave. And Dave was I obviously I was listening to the conversation, but after they were done talking, Sam told me about what the conversation was about. Essentially, Dave was asking for money to Bill, Dan outta out of jail. And I said, no, why would you? Why are you calling you. You to ask, you know, to ask you for money since seem fair. Do you even know this guy on? He's he's a friend. I mean, no, that because if he would have been a friend friend than he would hung out with us lot more often, the reason why say so, and I vice him to not to give them the money. I don't actually remember feet date or non. Hopefully he didn't. So that's. Yeah, but yeah, though, is it. So that upset them because in fact, a Barnhart said to Rachel, he's the, he's the one guy that has more money than all of us. I guess Rachel toll Dan, that Sam did not contribute when they saw Sam. Eventually, Rachel was able to raise the money and Dan got out of jail the next morning and that afternoon they went to the hot tub and that's what Sam was. And Sam responded to a complaint that Dan was making saying, I never want to go to jail. Again. That was a horrible experience. It was awful. I can't believe I made it through the night. And basically Sam was like, you know, you gotta be kidding. Me dude, like I was, I was sitting in the Los Angeles County men's jail for two years waiting for my trial when I was charged with murder at that moment, Dan had Rachel found out this past of where Sam was in fact himself once a defendant being charged with murder. So that's what Alta. Put the target on his back. That's why they had used that pass. They referring to that pass when when dad was first arrested by Costa Mesa police. So that in essence, is the story of Sam Harris past and why it plays a relevant role. In this case in the end, I've always felt that prosecutor Matt Murphy out a far better case for complex or murder charges rather than the accessory charges that Rachel now faces. I wanna thank you Scott Sanders for your time today. And we look forward to having you back next week for all your legal observations on Rachel buffets trial proceedings. Thanks very much for the opportunity. On

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