Transcrição completa de Cully Stimson — Is the Progressive Prosecutor Experiment Catching Up With Larry Krasner?

and there's nothing wrong with that. 00:02:28.000 --> 00:02:30.479 I was one, uh, in addition to being a prosecutor. 00:02:30.639 --> 00:02:35.680 But their their interests lie in making sure that criminals don't go to prison. 00:02:35.759 --> 00:02:46.240 They're part of the prison abolitionist movement, and that's why when they get into office with Soros money, uh Larry got$1.7 million the first time around and$1.2 million the second time around when he ran. 00:02:46.400 --> 00:02:57.120 Uh they water down felonies to misdemeanors, don't let their prosecutors prosecute misdemeanors, don't send violent juvenile thugs and murderers uh to adult court, don't ask for cash bail, et cetera, et cetera. 00:02:57.199 --> 00:02:58.960 So they're not they're not prosecutors. 00:02:59.120 --> 00:03:07.680 Remember, on the night he was first elected, Lars, at his party, he said he was, quote, a public defender with power, unquote. 00:03:08.080 --> 00:03:10.000 That's the way they view themselves. 00:03:10.400 --> 00:03:35.039 I guess you you know what I want to ask you something, and you may consider this to be uh you know sacrilege to you know say it this way, but the system is is bent in the direction of providing uh abundant opportunities for people who are accused of crimes, and we put all the weight on the prosecution side saying you've got to prove it beyond a reasonable doubt, the defense doesn't, you've got to do this, you've got to do that. 00:03:35.199 --> 00:03:39.039 And I just wonder if we've bent the system a little bit too hard. 00:03:39.199 --> 00:03:50.560 We want it to have some bias against uh conviction and in favor of innocence, unless, of course, the state can actually prove beyond a reasonable doubt that you did do the crime. 00:03:50.719 --> 00:04:03.280 But I think about this because if you're a prosecutor and you find evidence that is exculpatory evidence, the evidence that would clear the person that you're accusing, what are you required to do with that? 00:04:03.759 --> 00:04:08.560 Under Brady against Maryland, a Supreme Court case, you're required to turn that over to the defense. 00:04:08.719 --> 00:04:11.759 And in fact, it can be so exculpatory you won't even file charges. 00:04:11.840 --> 00:04:13.520 And if you had, you withdraw the charges. 00:04:13.840 --> 00:04:15.919 That's what a that's what a fair person does. 00:04:16.399 --> 00:04:42.639 Now, what what if you were a defense attorney, because you've done that job too, just so my audience hears this, if you find something that that indicates your your client, no matter what he told you or she told you, is guilty as sin, is is completely did the deed, what are you and you are aware that the prosecution does not have this, what is it you are required to do by judicial ethics? 00:04:43.040 --> 00:04:47.040 You're required to provide a zealic, zealous and ethical defense. 00:04:47.199 --> 00:04:50.560 Uh, but if you get the evidence, right? 00:04:51.680 --> 00:04:53.600

Well, no, you have an attorney-client privilege. 00:04:53.680 --> 00:04:54.560 You don't hide anything. 00:04:54.720 --> 00:05:00.399 You defend the person to the best of your ability uh under the legal ethics rules. 00:05:00.560 --> 00:05:04.240 I mean, I defended several people who absolutely did what they were charged with. 00:05:04.399 --> 00:05:09.600 Now, the government in some cases wasn't able to prove the case beyond a reasonable doubt, and that was on the government. 00:05:09.680 --> 00:05:13.519 That's their failure, not my job to help them prove their case. 00:05:13.920 --> 00:05:14.399 That's true. 00:05:14.560 --> 00:05:17.680 Uh but, but, but here's the thing. 00:05:17.920 --> 00:05:46.399 If your client then wants to take the stand and say, I didn't do it, and he already told you he did it, then, and this happens, Lars, then you ask the judge if he can excuse the jury, go up and tell the judge, Judge, I cannot, quote, sponsor my client, uh, and then the judge gives you the knowing nod, the prosecutor gives you the knowing nod, and then you step back, the judge says to Billy Bob, your defendant, you know you can take the stand. 00:05:46.560 --> 00:05:48.560 Uh, no one can prevent you from taking the stand. 00:05:48.639 --> 00:05:49.680 Are you sure you want to take the stand? 00:05:49.759 --> 00:05:50.720 Yes, I do. 00:05:50.959 --> 00:05:54.399 The guy takes the stand and you say to your client, uh, Mr. 00:05:54.480 --> 00:05:57.600 Billy Bob, tell us spell your name, say your name, spell your name for the record. 00:05:57.680 --> 00:06:00.399 He says it and I said, You have something you want to say, go ahead. 00:06:00.560 --> 00:06:01.839 That's all you can do. 00:06:02.000 --> 00:06:05.600 You can't perpetrate the lie by doing anything else. 00:06:06.000 --> 00:06:08.720 I guess what I'm thinking about is imagine this, Cully. 00:06:08.959 --> 00:06:14.399 You you, as the defense attorney, you come across a piece of evidence, the knife, and the knife has blood on it. 00:06:14.560 --> 00:06:19.759 And you think, well, this blood, this blood probably came from the victim that my client stabbed to death. 00:06:19.839 --> 00:06:28.079 Uh so I'm gonna have it tested, but then I'm gonna tell the lab don't generate a paper report because you'll have to give that up to the prosecutor. 00:06:28.240 --> 00:06:30.560 Tell me over the phone what you found. 00:06:30.720 --> 00:06:39.279 And the lab says, Well, Collie, we found that the blood on there is the blood of the victim that your client is accused of stabbing to death. 00:06:39.519 --> 00:06:44.480 And you can deliberately engineer it so that the prosecutor doesn't hear about it. 00:06:44.560 --> 00:06:54.240 But if the prosecution did the same kind of thing and said, I'm gonna I'm gonna hide this exculpatory evidence from the defense attorney, they can have the whole case thrown out, can't they? 00:06:55.040 --> 00:06:57.120 Prosecutors are held to a higher standard. 00:06:57.279 --> 00:07:03.680 They're required to, you're ministers of justice, and we don't there's a thing called type one and type two error, Lars. 00:07:03.759 --> 00:07:12.160 And this goes back to your first question, and that is we think as a society that it's more important to let a guilty person go than convict an innocent person. 00:07:12.319 --> 00:07:15.439 And therefore, that's built into the system, and that's fine. 00:07:15.600 --> 00:07:17.199 So I don't think the system is broken. 00:07:17.279 --> 00:07:26.720 What I think has happened is the greatest fraud perpetrated on the American people in terms of the criminal justice system started a decade ago when Soros started buying DAs. 00:07:27.120 --> 00:07:29.439 Um, and people are waking up to smell the coffee. 00:07:29.519 --> 00:07:33.120 That's why they got rid of Gascone and Chesaboutine and the other people we've talked about. 00:07:33.279 --> 00:07:39.279 Larry's one of the last men standing from the big kahunas uh of the big prosecutors. 00:07:39.519 --> 00:07:43.199 And maybe we can give him a retirement plan by sending him off to federal prison. 00:07:43.279 --> 00:07:48.000 That's Cully Stimpson, a heritage legal expert and the co-author of Rogue Prosecutors. 00:07:48.079 --> 00:07:49.279 Cully, thanks very much. 00:07:49.439 --> 00:07:56.399 By the way, if you sleep hot and your partner sleeps cold, you know that bedtime can turn into a nightly negotiation. 00:07:56.560 --> 00:08:02.639 One of you wants more blankets, the other one is always kicking them off, and somebody is always reaching for the thermostat. 00:08:02.800 --> 00:08:09.439 Ghost Bed is about to change all that with a new Climate Pro, a revolutionary dual zone heating and cooling cover. 00:08:09.600 --> 00:08:12.480 It lets each side of the bed choose its own temperature. 00:08:12.639 --> 00:08:20.720 And right now, you can be among the first to get it with an exclusive VIP launch offer, 30% off free shipping, and a two-year warranty. 00:08:20.800 --> 00:08:22.639 Best of all, you don't need a new mattress. 00:08:22.800 --> 00:08:28.800 Climate Pro works with a mattress you already have, so you can upgrade your sleep without replacing your whole bed. 00:08:28.959 --> 00:08:32.879 Finally, an end to the nightly tug of war and a better way to get some sleep. 00:08:33.039 --> 00:08:36.240 Get in early and save 30% with free shipping. 00:08:36.320 --> 00:08:40.879 The exclusive VIP launch pricing, it's limited to Loyal Ars listeners. 00:08:40.960 --> 00:08:42.159 Once it's gone, it's gone. 00:08:42.320 --> 00:08:46.080 Go to VIP.ghostbed.com and lock in the savings. 00:08:46.240 --> 00:08:48.720 That's VIP.ghostbed.com. 00:08:48.960 --> 00:08:51.440 VIP.ghostbed.com.