These elite lawyers excel at dressing up digital common sense in expensive jargon to make the obvious feel profound. It is a masterclass in over-analyzing the trail of a criminal who was never as clever as the experts pretend he was.
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CHAINSAWS Ordered on Amazon By D4vd - Expert Lawyers Discuss Damning Digital Evidence RevealedAjouté :
Let's talk about this David case.
What have you What have you heard recently? I I just kind of updated I did a a deep dive into some of the latest. This is really juicy stuff. Um Were you surprised cuz you and I talked about this? I said this was a I called it the litigation game of chicken that the defense was calling the bluff of the prosecution by saying we're not waving time. Prosecution probably thought they were going to ask for more time at the arraignment. Blair Berk doesn't. You have to know Beth Silverman to know that she would have just raised There's Blair right there on the screen.
To know Beth is there is no way she's going to dismiss.
She would go to the grand jury first or she would just cancel everybody's vacations and certainly that's what she said and she was livid to say the least at the last court appearance because sure enough apparently the defense blinked first and said we need a continuance. We need a continuance.
>> just to bring the the viewers up to speed on this.
The a bunch of documents came out. Bunch of search warrants were unsealed and we have a a whole bunch of additional information and basically what the prosecution's alleging and of course he's presumed innocent but it does not look good for David. They are alleging that he had a romantic dispute with her that they'd been dating since she was 13 which is the genesis of the continuous sexual abuse of a minor and she found out that he was seeing other women and she threatened to tell on him in effect. So he ordered an Uber for her, lured her to his to his house, ambushed her, stabbed her multiple times in the chest and then went on Amazon and ordered a like cutting instruments and a burn cage and a kitty pool to dismember her body and apparently he did that in the garage and anybody who's ever been to one of those scenes before Mark, you know viscera and tissue, sorry I know it's graphic, goes everywhere. So there's just no way that that garage is not full of her DNA.
And then he put her in the car and drove her around the corner. Apparently he did that himself according to the allegations. And then of course Nathan Hochman famously announced a couple days ago that when they got into his phone they found a bunch of child pornography and of course their dispute was all apparently captured on the cloud via text message. So and I'm sure you've seen this before too Mark. When you get one of those get like a teacher case or something like that where they can have a cheering section and they can have their their church group might show up or they might have a circle of friends. As soon as people hear child pornography they run for the exits and I got a feeling that his fan base just evaporated pretty quick with that allegation. It There's several things here that just are perplexing to me though. I will tell you that number one is somebody other than him unless they've got him on They did say they have wiretaps. So that leads me to believe that if they have wiretaps either he said something or somebody else said something that they to give the specificity of the way that they have described this because you know you hear a lot of times in federal cases where you talk about a speaking indictment. This is a speaking prosecution in the state side in terms of exactly how they've described what has happened here. I'm guessing they've got the text messages as you mentioned.
Those are always backed up in the cloud.
Guys think they throw the phone away.
That doesn't do anything for you. But somebody else either talked or they've got a wiretap and this is kind of a from the federal playbook. Who used to say My father who's looking over my shoulder used to say the feds never bring a case unless they've got a snitch or a wiretap or both. Sounds like here in the state they've got both.
Which is very rare. We were talking about this a couple days ago. Um and Beth Silverman you know I don't know her I know Mark does. My hat is kind of off to them on this one because what they did is very unusual. They There's two functions of a grand jury in California. One is you can you can seek an indictment. So you go and you present evidence. Everything's secret and you ask for an indictment at the end. The downside of that and it speeds things up and there are a few tactical advantages but the downside is you can't change your you're limited to the indictment or the true bill on what the allegations are.
By doing it this way the second way is purely investigative and what they can do is they can force people to testify and it looks like his inner circle whether they're music related or if they're just hangers-on I don't know but apparently they that's what they did and for the viewer it's really interesting.
The police knock on your door and they want to interview you you don't have to say a word but if they bring you in front of a grand jury they can actually force what's known as use immunity on you and you bring the judge down and they say I'm granting this use of immunity. You no longer have a fifth number right to you can't self-incriminate based on anything you say. So I'm ordering you to answer the questions and I think you're absolutely right Mark. As usual you you I think you really nailed it. They got some of those people in the inner circle to talk and that's where a lot of these details come and that is going to be I think devastating and really with all the electronic trail that it sounds like he left all they need is for that person to come in and lay the foundation and go yep that's that's my number. Those are text messages of me or that's my voice on the wiretap and and he's cooked. So I you know I don't I don't know the defense lawyers either again LA but man I would not I wouldn't want to trade places with them on this one. I think he's I think he's I think he's done for.
The the things that I think really if true that where they can tell a very compelling story to a jury is when you talk about a burn cage or some kind of a cutting device and what did you describe it as a kitty pool or something like that?
>> A kitty kitty pool not to be confused with kitty porn by the way which apparently is all over his phone. Yeah, when you've got those kinds of details so that I mean you can imagine the PowerPoint presentation in the opening, right? I mean it writes itself where you put up the receipts. You put up the Amazon shipping. You put up the what the what the item looks like. You put up the the text messages. You put up something that was said in a conversation that may have been intercepted. Maybe you press play and you've got the audio that's taken from the wiretap. Wiretap, you know you often hear about people getting phone records but the pen register which is the kind of the list of the calls that's on your phone bill is different from a wiretap which is the interception of the contents of the call. And if they've got that and if there are incriminating things on those calls that say what are we going to do or how are we going to do this then you can layer over that what the expectation is at least their theory and if they've got it this is the uphill battle on the defense. If all of this was done in the house and they have gone into that house and they've got forensic evidence and they layer that over as well it becomes a case even if they don't have a person who was present when the homicide occurred or the you know they're going to argue the murder occurred that is for a jury much more compelling. You know it. I mean you've handled uh murder cases as I don't know as many as me but as many as any prosecutor drawing a breath walking around and they I will tell you a good circumstantial case is harder for a defense lawyer to defend against than a direct evidence eyewitness case. I totally Yeah, I totally agree. There's this myth out there that circumstantial evidence is bad evidence. As a prosecutor give me a good circumstantial case over somebody telling the jury something any day of the week because it's they they draw their own conclusions as they're supposed to and they're instructed to do that and it's all fundamentally based on common sense. The I guess the big remaining question on this one is is whether or not this is a death case.
Whether or not Nathan Hochman seeks death on this. It certainly is really bad. Joey Esposito used to make the call for Jackie Lacey and I think Joey's a great guy.
Do you know his nickname? I don't I wouldn't No. his own nickname Baby Joey.
Yeah, well I I never heard that. I I love that guy actually. Um Joey was great.
>> that's going to be that'll be >> the way I'll test you. Do you know what it used to be called? No. Before Joey.
Okay.
>> No.
I'm going to we'll let the viewers first one first one who can cite and it was named after a guy whose first name was Kurt. I will the first one who can cite that we'll give him some In the Well merchandise. How's that?
Yeah, so that's going to be interesting.
Then the case would change if they decide to seek it. I don't know if this is a death case. Um I don't know. I used to sit on a committee in Orange County for 15 years. I don't know I don't know what he's going to do.
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