Episode Transcript
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Speaker 1 (00:00):
Joining us now. Criminal defense attorney Roger Pell is here
to talk about a couple of cases out there in
the news, the Diddy trial and also the Homewood shooting
at the soccer field. What's going on, Roger, welcome in.
Thank you for taking time out of your vacation. I
know you're at the beach and I appreciate you coming
on this morning.
Speaker 2 (00:16):
Good morning, Jayjay, always ready to talk to you.
Speaker 1 (00:18):
Thank you, buddy. All right, so we've got the Didy trial.
The jury has it. They came back with four of
the five verdicts that are needed. We don't know what
that verdict is yet. The judge said, all right, well listen,
they're deadlocked on the rico, the big one. Go back
and you know, get busy again and rethink this whole thing.
Could the judge accept the four verdicts and then just
(00:42):
declare a mistrial and the rico and retry this thing?
And would that put Diddy in jail with the four
convictions on the others.
Speaker 2 (00:48):
Well, first of all, Diddy is in jail right now,
so without being convicted. So if he's convicted of anything
he's in my opinion, he'll definitely get jail time out
of this, okay, the judge could. The judge could, and
it's not unusual to take verdicts and have a mistrial
at the same time. I suspect what's going to happen
(01:09):
is sometime this morning, maybe early afternoon, they're going to
come back and say they're hopelessly deadlocked on the Rico charge.
It looks like one jurors just holding out. They'll then
declare mistrial. They'll read the verdicts, they'll be convicted of
all four charges, and the government will have to make
a decision whether the retry them again. I guess a
lot will depend on what actual sentence he gets. If
(01:31):
he gets a thirty or forty year sentence, I don't
think there's any reason to retry them, Okay.
Speaker 1 (01:37):
So yeah, the conviction on the four if they say
guilty on all of these, that's a big enough conviction
to get him lots of time.
Speaker 2 (01:45):
Yeah, and he's was he forty five to fifty years old,
and in federal Federal has no paroles. It's not really
a parole situation, so he would have to do substantially
all of the time that he gets.
Speaker 1 (01:57):
Okay. The Homewood shooting case where this young man was
shot by the police in the parking lot of the
soccer fields over there. The cops said there was a gun.
Homewood came out with it pretty quick. There was a gun.
There was a scuffle. The victim is, you know, one
that went for a gun. That's why he got shot.
(02:17):
But Aliyah steps in and takes over this investigation as
you don't want, you know, this investigation investigating themselves on this.
So it's a natural progression to hand this over to Alah.
But a Liah is saying we're not releasing the body
can because it could interfere with our investigation. How is
that possible if in fact Homewood came out so early
and said there was a gun, well let's see it.
Speaker 2 (02:39):
Not only did they say there's a gun, they also
said that we have a video and we're going to
show it to the victim's family right now. And they didn't.
Someone has egg on their face on this, Jasey, there's
something something rotten in Denmarket, as they say, I mean,
the homew With police department couldn't have been more emphatic.
(03:01):
We feel sorry for the family. But this this young
man had a gun and he was running from the police,
and and and we have a video to prove everything
we say. Now Elia is saying they're doing investigation. This
case has been on going for two weeks. It's a
it's a five minute situation. There's not that many witnesses
to it. I mean, I don't see. I don't see
(03:23):
how they possibly could still be investigating this when they
have a video.
Speaker 1 (03:26):
Of it, unless you mentioned egg on their face. What
scenario presents itself where they have to say, all right,
slow down, we got to figure out how we're going
to spin this.
Speaker 2 (03:36):
Well, the attorney that represents the family has emphatically said
that the young man had no gun and he was
shot in the back. That's a lot different than he
had a gun and we had to shoot it to
protect us ourselves and self defense. I mean, they're inconsistent
on their face. So I don't know, it's it's it's
a mystery.
Speaker 1 (03:56):
JT. Do you think they'll finally ever get to that point?
I mean it's one point that does it has to
come out right? This thing will go to to go
to trial or not.
Speaker 2 (04:06):
Well, well, I mean there's no criminal there's no basis
right at this moment that I can see that there's
criminal liability unless you know somebody actually shot in the back.
But I can imagine a civil case would be filed
as a result of this, and the in the discovery
process they'd have to produce the video.
Speaker 1 (04:25):
Will the video of her be made public or just family?
Speaker 2 (04:30):
That's a good question unless unless if it went to
a civil case, unless there was a court order making
it not available to the public, it certainly would go
to the public.
Speaker 1 (04:43):
All right, So your anticipated timeline on this, do you
think a couple of days, a couple of weeks? You
never know, Yeah, absolutely never know.
Speaker 2 (04:52):
In a situation like this, I would have thought it
was been a couple of days, but obviously it's not.
I mean, how much time does it take to interview
the few witnesses? I mean, I don't I don't know
if there was crowds out there, but it doesn't seem
to appear that there are more than a couple of
witnesses and a video. How long does it take to
investigate that, especially when when there's when there's interest, public interest,
(05:13):
in public desire to find out the truth.
Speaker 1 (05:15):
And legally and legislatively, I guess Aliyah has the right
to do it whenever they want to in this attorney
for the family, does he have any recourse to force
them to release it?
Speaker 2 (05:25):
No, but he can file a civil suit and then
requested and discovery and discovery process that takes some time though.
Once you file a civil suit, the defendant has thirty
days to answer and you have production of documents and
motions and yeah, so that could take months.
Speaker 1 (05:43):
All right, Roger, thank you so much. I appreciate you.
Back to the surf and sand. We'll see soon.
Joining us now. Criminal defense attorney Roger Pell is here
to talk about a couple of cases out there in
the news, the Diddy trial and also the Homewood shooting
at the soccer field. What's going on, Roger, welcome in.
Thank you for taking time out of your vacation. I
know you're at the beach and I appreciate you coming
on this morning.
Speaker 2 (00:16):
Good morning, Jayjay, always ready to talk to you.
Speaker 1 (00:18):
Thank you, buddy. All right, so we've got the Didy trial.
The jury has it. They came back with four of
the five verdicts that are needed. We don't know what
that verdict is yet. The judge said, all right, well listen,
they're deadlocked on the rico, the big one. Go back
and you know, get busy again and rethink this whole thing.
Could the judge accept the four verdicts and then just
(00:42):
declare a mistrial and the rico and retry this thing?
And would that put Diddy in jail with the four
convictions on the others.
Speaker 2 (00:48):
Well, first of all, Diddy is in jail right now,
so without being convicted. So if he's convicted of anything
he's in my opinion, he'll definitely get jail time out
of this, okay, the judge could. The judge could, and
it's not unusual to take verdicts and have a mistrial
at the same time. I suspect what's going to happen
(01:09):
is sometime this morning, maybe early afternoon, they're going to
come back and say they're hopelessly deadlocked on the Rico charge.
It looks like one jurors just holding out. They'll then
declare mistrial. They'll read the verdicts, they'll be convicted of
all four charges, and the government will have to make
a decision whether the retry them again. I guess a
lot will depend on what actual sentence he gets. If
(01:31):
he gets a thirty or forty year sentence, I don't
think there's any reason to retry them, Okay.
Speaker 1 (01:37):
So yeah, the conviction on the four if they say
guilty on all of these, that's a big enough conviction
to get him lots of time.
Speaker 2 (01:45):
Yeah, and he's was he forty five to fifty years old,
and in federal Federal has no paroles. It's not really
a parole situation, so he would have to do substantially
all of the time that he gets.
Speaker 1 (01:57):
Okay. The Homewood shooting case where this young man was
shot by the police in the parking lot of the
soccer fields over there. The cops said there was a gun.
Homewood came out with it pretty quick. There was a gun.
There was a scuffle. The victim is, you know, one
that went for a gun. That's why he got shot.
(02:17):
But Aliyah steps in and takes over this investigation as
you don't want, you know, this investigation investigating themselves on this.
So it's a natural progression to hand this over to Alah.
But a Liah is saying we're not releasing the body
can because it could interfere with our investigation. How is
that possible if in fact Homewood came out so early
and said there was a gun, well let's see it.
Speaker 2 (02:39):
Not only did they say there's a gun, they also
said that we have a video and we're going to
show it to the victim's family right now. And they didn't.
Someone has egg on their face on this, Jasey, there's
something something rotten in Denmarket, as they say, I mean,
the homew With police department couldn't have been more emphatic.
(03:01):
We feel sorry for the family. But this this young
man had a gun and he was running from the police,
and and and we have a video to prove everything
we say. Now Elia is saying they're doing investigation. This
case has been on going for two weeks. It's a
it's a five minute situation. There's not that many witnesses
to it. I mean, I don't see. I don't see
(03:23):
how they possibly could still be investigating this when they
have a video.
Speaker 1 (03:26):
Of it, unless you mentioned egg on their face. What
scenario presents itself where they have to say, all right,
slow down, we got to figure out how we're going
to spin this.
Speaker 2 (03:36):
Well, the attorney that represents the family has emphatically said
that the young man had no gun and he was
shot in the back. That's a lot different than he
had a gun and we had to shoot it to
protect us ourselves and self defense. I mean, they're inconsistent
on their face. So I don't know, it's it's it's
a mystery.
Speaker 1 (03:56):
JT. Do you think they'll finally ever get to that point?
I mean it's one point that does it has to
come out right? This thing will go to to go
to trial or not.
Speaker 2 (04:06):
Well, well, I mean there's no criminal there's no basis
right at this moment that I can see that there's
criminal liability unless you know somebody actually shot in the back.
But I can imagine a civil case would be filed
as a result of this, and the in the discovery
process they'd have to produce the video.
Speaker 1 (04:25):
Will the video of her be made public or just family?
Speaker 2 (04:30):
That's a good question unless unless if it went to
a civil case, unless there was a court order making
it not available to the public, it certainly would go
to the public.
Speaker 1 (04:43):
All right, So your anticipated timeline on this, do you
think a couple of days, a couple of weeks? You
never know, Yeah, absolutely never know.
Speaker 2 (04:52):
In a situation like this, I would have thought it
was been a couple of days, but obviously it's not.
I mean, how much time does it take to interview
the few witnesses? I mean, I don't I don't know
if there was crowds out there, but it doesn't seem
to appear that there are more than a couple of
witnesses and a video. How long does it take to
investigate that, especially when when there's when there's interest, public interest,
(05:13):
in public desire to find out the truth.
Speaker 1 (05:15):
And legally and legislatively, I guess Aliyah has the right
to do it whenever they want to in this attorney
for the family, does he have any recourse to force
them to release it?
Speaker 2 (05:25):
No, but he can file a civil suit and then
requested and discovery and discovery process that takes some time though.
Once you file a civil suit, the defendant has thirty
days to answer and you have production of documents and
motions and yeah, so that could take months.
Speaker 1 (05:43):
All right, Roger, thank you so much. I appreciate you.
Back to the surf and sand. We'll see soon.
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