1 00:00:04,160 --> 00:00:01,880 joining me tonight is attorney Jim 2 00:00:06,380 --> 00:00:04,170 Breslow host of the podcast hidden 3 00:00:07,909 --> 00:00:06,390 truths of Jim it's guilty across the 4 00:00:09,620 --> 00:00:07,919 board for this particular defendant 5 00:00:10,339 --> 00:00:09,630 guilty of murder guilty of the lesser 6 00:00:11,959 --> 00:00:10,349 charge 7 00:00:14,350 --> 00:00:11,969 interesting tactic though from the 8 00:00:17,090 --> 00:00:14,360 defense which we see from time to time 9 00:00:19,519 --> 00:00:17,100 accepting guilt on the lesser charge to 10 00:00:21,040 --> 00:00:19,529 try to dodge the top chart didn't work 11 00:00:24,050 --> 00:00:21,050 here 12 00:00:26,450 --> 00:00:24,060 yeah it's sadness all the way around 13 00:00:28,220 --> 00:00:26,460 obviously for the baby but frankly also 14 00:00:29,720 --> 00:00:28,230 for this mother clearly she had an 15 00:00:32,030 --> 00:00:29,730 addiction problem clearly there were 16 00:00:33,440 --> 00:00:32,040 mental health issues I think what the 17 00:00:35,120 --> 00:00:33,450 real killer for her in the case is the 18 00:00:37,400 --> 00:00:35,130 fact that she had the other child and 19 00:00:39,860 --> 00:00:37,410 that she demonstrated the ability to 20 00:00:41,720 --> 00:00:39,870 take care of that child so any hope of 21 00:00:43,729 --> 00:00:41,730 getting any type of insanity type plea 22 00:00:45,139 --> 00:00:43,739 just went out the window with the 23 00:00:47,479 --> 00:00:45,149 demonstrated ability to take care of the 24 00:00:49,430 --> 00:00:47,489 other G the other child a lot of people 25 00:00:51,380 --> 00:00:49,440 agree I agree and and look that was a 26 00:00:53,540 --> 00:00:51,390 key piece of evidence for this state 27 00:00:55,279 --> 00:00:53,550 some debate over the law here the state 28 00:00:57,470 --> 00:00:55,289 trying to say that the law makes child 29 00:00:59,720 --> 00:00:57,480 endangerment into murder if the baby 30 00:01:00,139 --> 00:00:59,730 dies which is how I read the statute as 31 00:01:02,599 --> 00:01:00,149 well 32 00:01:04,250 --> 00:01:02,609 the defense seeming to say no that's the 33 00:01:07,700 --> 00:01:04,260 what not the way the law operates there 34 00:01:09,740 --> 00:01:07,710 it needs actions including malice that 35 00:01:11,450 --> 00:01:09,750 argument may have flown over some of the 36 00:01:14,600 --> 00:01:11,460 jurors heads but it might be helpful on 37 00:01:17,539 --> 00:01:14,610 appeal yeah I mean at the end of the day 38 00:01:19,340 --> 00:01:17,549 you need intent for murder and there 39 00:01:21,590 --> 00:01:19,350 clearly seems to be enough evidence here 40 00:01:24,080 --> 00:01:21,600 to prove an intention to leave this 41 00:01:25,520 --> 00:01:24,090 child to die we all know that a baby 42 00:01:27,109 --> 00:01:25,530 cannot survive on its own 43 00:01:29,090 --> 00:01:27,119 she's raised another child she knows 44 00:01:30,920 --> 00:01:29,100 what it takes to raise a child so it 45 00:01:33,230 --> 00:01:30,930 seems to me there's your intent right 46 00:01:35,210 --> 00:01:33,240 there good point there as well okay the 47 00:01:37,640 --> 00:01:35,220 state's rebuttal in my opinion should 48 00:01:39,560 --> 00:01:37,650 have gone into this whole love triangle 49 00:01:41,149 --> 00:01:39,570 situation here because one interesting 50 00:01:42,380 --> 00:01:41,159 thing that came up in this case that of 51 00:01:45,440 --> 00:01:42,390 course we didn't hear in the father's 52 00:01:48,020 --> 00:01:45,450 case is that the mother this defendant 53 00:01:50,300 --> 00:01:48,030 started a relationship with the drug 54 00:01:52,069 --> 00:01:50,310 dealer basically right after this 55 00:01:53,929 --> 00:01:52,079 happened and the drug dealer said he 56 00:01:55,310 --> 00:01:53,939 knew nothing about the baby now they 57 00:01:58,069 --> 00:01:55,320 were really clear to say that this 58 00:02:00,620 --> 00:01:58,079 relationship didn't bud until after the 59 00:02:02,120 --> 00:02:00,630 baby was out of the way but boy I mean 60 00:02:06,649 --> 00:02:02,130 could that have been the reason why the 61 00:02:09,559 --> 00:02:06,659 mother didn't want the baby around yeah 62 00:02:11,390 --> 00:02:09,569 that would perhaps be an explanation you 63 00:02:12,470 --> 00:02:11,400 know the only other explanation is of 64 00:02:15,199 --> 00:02:12,480 sandy how a mother 65 00:02:18,080 --> 00:02:15,209 not raise a child is beyond most 66 00:02:19,520 --> 00:02:18,090 people's comprehension but you know when 67 00:02:21,110 --> 00:02:19,530 you when drugs enter the picture and 68 00:02:23,300 --> 00:02:21,120 mental health and enters the picture we 69 00:02:25,280 --> 00:02:23,310 see people doing horrendous e things and 70 00:02:27,500 --> 00:02:25,290 it just demonstrates you know the mental 71 00:02:29,030 --> 00:02:27,510 health crisis that we have in America as 72 00:02:30,380 --> 00:02:29,040 you look at all these different crimes 73 00:02:31,759 --> 00:02:30,390 that are happening in the mental health 74 00:02:33,589 --> 00:02:31,769 issues that are involved in them 75 00:02:35,030 --> 00:02:33,599 it'll be sentencing next in this case