Welcome to the Megan Kelly show live on serious XM channel 11 11 every week d...
the least we're going live today at 305 eastern time because there is a verdict in the
“Carmelo Anthony case and we are about to receive it we're told to expect it around 205”
central time which is right now there are no cameras inside of this courtroom so no one has any camera feeds we are just awaiting news from inside the courtroom where we'll be relayed as soon as the jury issues their verdict it only took three hours for them to come
to a conclusion and you know you never know what a jury is going to do so you know
it's sort of a fool's errand to go and try to predict them but whatever I'll do it anyway there's just no chance in my mind that they are not going to find him guilty Carmelo Anthony I you know could be wrong jury's sometimes do surprising things but I will be shocked shocked if this is anything other than guilty on the murder count as we discussed on our serious XM show earlier they added a manslaughter charge today and that could change things
considerably for the better for Carmelo Anthony because there would be much better for him to be found guilty of that than of murder but there is not evidence of manslaughter in this
“case there is only evidence of murder and the the manslaughter charge if that's what they”
consider and find him you know guilty on I think will just be either a compromise verdict because they
had you know disagreement on the jury or they just felt sorry for Carmelo Anthony because he's a 17 year old who reportedly has not been in trouble with law prior to this and didn't want to put a 17 year old in jail for murder that it would have to be that but I'm sorry that's what he did that's what he committed this was this was murder it was premeditated murder he went into that tent on the frisco grounds for this high school track meet he meandered into the wrong tent
intentionally he knew he was not supposed to be there it would be equivalent of you know we're watching the basketball series in New York here that you know the spurs don't kiss go sit on the next bench if that you don't go over into opposing teams territory in the middle of a sporting event in which you are competitors everyone knows that he was doing something intentionally provocative
“and he knew it he was told by multiple kids who were in the tent get out you need to leave”
they weren't they weren't quite as rude as I just put it and he wouldn't he knew he was there to stir something up why would he go into a rival team's tent with a knife in his bag I'm sorry but it looks very much like this kid had some dastardly deed on his mind and could have been Austin Metcaut calf could have been hunter Metcalf could have been anybody but he set
himself up for this entire event and he never testified so we not we didn't even get to hear from him
they didn't do the jury the courtesy of having him explain his self defense defense of course the defendant has a fit the member right not to testify but when you are alleging you're not guilty because it was self defense it's extremely rare not to put the defendant on the stand and it's not like they had some amazing eyewitness who was right next to him who could testify Austin attacked him Austin punched him in the face Austin had him by the neck therefore officiating the need
for Carmelo Anthony to actually give testimony that didn't happen the defense witnesses by all accounts were weak didn't really see much weren't didn't have eyes on the tent or came into late to really be of much help so it's a very interesting question why they didn't put him on the stand obviously they did not believe he'd make a good witness and one wonders why what what was it that they saw on the defense team that led them to that conclusion
it's 309 we are continuing to await word from the jury that is in for those of you just joining us we've just gone live on YouTube on the Carmelo Anthony verdict which is in it is not as not yet been read or announced but it is in the jury has reached a verdict three hours after they were given the case we've got some of our Kelly's court team here on standby we're going to come in and talk to us about this as we await the verdict and then for reaction afterward they include
Phil Holloway and Mark Eiglarge both handle not only civil cases but criminal cases as well including criminal defense and you know Phil we featured some commentary from you and our
Am update podcast this morning on the oddity of Carmelo Anthony not taking th...
I mean we're all just reading tea leaves here but what do you think a three hour
deliberation period tells us is goose is cooked Megan if three hours means that the jury was not hung they didn't have any questions my concern that I expressed that there could potentially be the issue of a stealth juror trying to sneak on the jury I expressed that and in your AM update that you just referenced it doesn't look like that happened it looks like the jury was united three hours is very short which means they they didn't really have a whole lot to to talk about they
all probably were pretty much on the same page we did learn today that there was a jury instruction the judge gave the jury the option of choosing manslaughter versus murder now I suppose it's
“possible we could hear a manslaughter verdict although I think that's very unlikely the evidence in”
this case did not show any sudden provocation by the alleged victim or anything like that that would be sufficient to warrant manslaughter it didn't reach any of the other I think legal benchmarks for a manslaughter verdict sometimes judges give those when they are requested by the defense sort of out of an abundance of caution but I I seem to think that this quick verdict combined with the fact that there are no real questions none questions at all that we know of
tells me the jury was cohesive unit they're united they are unanimous and I think that it means
that Carmelo Anthony is about to be convicted of first degree murder and spend the rest of his life
in prison mark can you talk about the difference between manslaughter and murder and you know why it was significant that they added the manslaughter count as an option for the jury today for the jury yeah I I would have had them add that if I was representing him and I also wouldn't put him near the stand so I disagree with anybody who said that they should have put him on the witness stand he would have been eviscerated even if the verdict is adverse which I expected to be adverse you
don't he would have been destroyed on the witness stand so he he they needed to make the argument that this was self defense and see if the jurors buy it and I don't think that they did the
“question is whether it should have been manslaughter versus murder and I think there's a strong”
argument to be made there murder we all know requires intent he wanted to kill him I read the statute in Texas it appears it mirrors what we have here and that is a reckless act an indifference to human life so he did the act of stabbing the victim but didn't intend necessarily to kill him he didn't intend not to kill him it was a reckless indifference and I think that that's the strongest argument now I don't know you got a Texas jury and not many people are talking about this but we do
know that the law precludes either side from getting rid of jurors based upon the color of their skin that's an issue so much so that the law had to be created to stop attorneys from doing this in this particular case the prosecutor struck the three potential black jurors and so there are
“no black jurors seated at all which I'm merely saying increases the chances of the prosecution”
getting what they want I mean the the question here is whether this jury's going to look at Carmelo Anthony at 17 years old and say I'm not I'm not finding him guilty of murder I I'm not doing that man slotters a reasonable alternative and I mean I can see I'm not to be sexist about it felt but I could see women mothers in particular possibly veering that way because he is so young and there's been no evidence that he's some sort of career criminally you know I actually
had that in a case once where a jury reached a compromise verdict because there was a the evidence when I was a prosecutor the evidence of this person's guilt it was an arm robbery case but the evidence was overwhelming and the defendants were all very young in fact this particular one
we severed the trials with 17 years old and a mother basically ran out of the jury room
felt to her knees and started sobbing saying that she felt so terrible about basically sending a teenage boy to prison so yes your your point is valid people think about the effect of their verdict they're not supposed to actually know in other words the the sentencing aspect is really not supposed to be part of the case in chief but jurors are not stupid they know what happens to people they convict of serious crimes like armed robbery and murder so yeah I mean that that could
Happen I do think it's raremig and I think that it's unlikely that there's th...
that sort of hesitation I think that the jury is going to dismiss out of hand the manslaughter option
“I think they're going to focus on all of the testimony and look there were witnesses just recently”
is yesterday and I post about this on my ex account there were witnesses for the defense who on cross examination admitted that Carmelo Anthony was in the wrong and he was the aggressor so this whole thing from beginning to end when you take the defense witnesses just to reiterate yeah the defense witnesses did a good job for the state but the defense witnesses also did a good job for the state because on cross examination a lot of times they just admitted that yeah Carmelo
Anthony was was in the wrong and in other cases the prosecutor did a good job of pointing out that the witnesses were not in a position physically to see the events that they were in court trying to testify for so I honestly scratched my head wondering if maybe some of this money that was raised during the go go that was it gives in go fundraiser it's almost $700,000 now it seems like maybe
“some of that money should have been spent perhaps on hiring additional attorneys or people who could”
go and investigate and interview these witnesses for the defense so that they would know what they were going to say in court because it seems to me like the defense team was entirely caught off guard by a lot of the testimony and they can't change the facts you know yeah they just can't change the facts if they had a team of lawyers I still don't know that the facts change I don't disagree with either one of you that jurors in spite of being instructed that sympathy
should play no role they absolutely do consider it they know the difference between what first
degree murder would yield versus manslaughter at least in in concept so they do consider that wouldn't surprise me if they immediately said manslaughter and I asked a question to each of you okay and I know Megan you're pretty entrenched in that position but you know is there at least a possibility in both of your minds and this is what I would tell the jury that when he stabbed one time not repeatedly not like in the neck area not by announcing I'm going to kill you
which would clearly evidence what he's intending to do but one jab which again is criminal and I'm not excusing about one jab which happened to land in a really bad place causing the death
whether he intended to kill him or was it a reaction after he was pushed okay that's the first
reaction result that your show may be your provocation of it the mere daring go ahead lay hands on not a good fact he wanted it no he was he was looking for a conference and he showed up there with a knife in his bag which also suggests he was there to have some sort of confrontation we don't know he didn't testify so we didn't get to do that he intended we don't know that I can enter part he he may not have intended to kill him but he intended he knew he had a deadly weapon in his
film and he intended to plunge it into his heart we are for it is learner so it's not it whether he intended to kill is irrelevant did he intend to do the act that caused the death absolutely did yeah I think that you're considering my point I think that if he if he didn't intend to kill him that the act itself which he should be held responsible for he should be found guilty for sure of manslaughter and maybe even murder I wasn't there during the trial but if he didn't intend to kill
but he intended to commit that act and that resulted in a death then one would argue that that's reckless as opposed no I think that's murder still not a reckless disregard reckless disregard
“for human life is enough that's enough and that's what he showed by shoving that knife into the”
heart you have to presume that someone the law actually says you have to presume that someone intends the consequences of their actions that's a presumption and so to my knowledge there's nothing in this case that would overcome that presumption so you know look I don't think I can I don't think I'm going to concede your point mark I think that I can concede that that is a possibility it maybe maybe he didn't intend to kill but I think he did I think he intended I think
it's I'm certain that he intended to do the act and the law presumes that he intended the consequences of that act so I don't think there's any way to put this square peg into this legal round hole to come up with a manslaughter now the jury could do it and they could absolutely be some kind of compromise but it would not be consistent with the law and the fact is I understand them to be yeah because you tell me Phil but isn't it when when you have a manslaughter
Case it's it's heat of passion you know you mean after being shoved the class...
being shoved the husband that's not that's not heat of passion the classic example is the husband
“walks in on the wife having sex with someone not him and does something to harm one or both of them”
like that's you're innocently that's not what this was the guy showed up there by the way Dave Aaronberg now joining us Dave great to see you former pop pop beach I'm not getting it much health with this prosecutor there's no way there's no heat of passion in in him showing up there Phil with a knife and his bag running around being provocative saying go ahead lay hands on me because see what happens and then when somebody does shoving a knife in his heart yeah and
all that's true and you can't go and instigate an altercation and claim that it is somehow
self-defense you can't instigate an altercation and escalate an altercation and then
try to claim the benefit of a reduced charge because you were the instigator and you showed up with a knife whether it's legal to have that knife by the way in the state of Texas is not the point I carry a weapon legally all the time but if I use that weapon illegally to murder somebody I'm still guilty of murder so just heard about him legally possessing the knife is a red herring that you heard um paraded by lots in the media by the folks outside the courtroom and by the defense
counsel so that issue right there is just a complete red herring but this is not manslaughter let's address let's address the knife it troubles me I would like to know why the hell were you
“carrying that knife around with you but what I won't do is what both I think of you are doing and”
that is speculating that he had that knife there because he was looking to kill I will tell you that I currently have a case where my client had a knife on him and when he was putting a headlock by certain people he was forced to use his knife and the question was why did he have that knife and he happened to have that knife because he uses that knife for fishing and it was in his fishing bag and that's all absolute truth I don't know maybe he carries that knife with them
all the time just in case because he's had issues or whatever I don't know but to say that he brought the knife there with the intent to plunge it into somebody's heart Megan that is not supported
by the evidence mark are you saying that Carmelo has the first of all no let me respond let me respond
no I'm not really boy come on first of all I don't I don't I don't have to prove that I'm a prosecutor I do not have to prove that he showed up there with the knife with the intent to kill I don't have to prove that so I'm saying my argument is you could make the argument well you you okay fine let's stick to what the jury actually has to find in order to reach a murder conclusion of guilty and that does not require you showed up there with the intent to murder my point in
“introducing that was as a prosecutor I could make that case easily very easily I think he”
did go there frankly to kill that day I do I believe he showed up in the opposing teams tent he was intentionally provocative he dared them to lay hands on him and I think this kid has a chip on his shoulder we didn't get evidence because they didn't put him in the stand about why he's so fucking angry excuse me but I think it's because he's got a chip on his shoulder because I've seen his family try to racialize this entire case without any evidence you're right about this boy
obviously grew up in that family and I'll bet you he's got a fair amount of racial grievance on his shoulders too and I also bet you mark because we haven't been told because they keep juby records sealed but I'll bet you there is something in his past that we just didn't get to know about because he was in mind so to keep it until actually honest I'll concede you may be right but what also may be right is he didn't show up to kill he showed up to run a track me and it rained and he was
looking for a place to shield himself from the rain and he saw someone that he recognized he goes under that tent and then all of a sudden the alleged victim says to him things that he found offensive I'm not justifying his actions so keep the hate mail I'm merely saying that it could be consistent with then he gets hit or pushed as it was testified to and then he reacts at a minimum manslaughter maybe murder but why not manslaughter that's all I'm saying Dave I'm sure you're
not going to help me here when you bring in Dave but well don't it's all I mean you Dave you know as well as I do as well as Mark does and Phil that's even if everything Mark just said is true in that last hypothetical it's still not manslaughter you cannot respond to someone laying hands on you literally just laying hands on you even if it were a push which is the best evidence they had the the most aggressive witness for the defense said he shoved him yeah you cannot respond to a
Shove with death I don't disagree about it I don't disagree right so I was a ...
mean like making his right manslaughter is reserved for things where he caught catch your wife and bed with another man and it's extreme emotional distress this is not extreme emotional distress this is a pushing under a tent during the rain and you pull out a knife and then then kill
“someone is murder it's not manslaughter now look if you want to blame people blame the defendant”
and his lawyer because I've never seen a mark maybe you can correct me on this one I've never seen
a claim of self defense where the defense lawyer doesn't put on the defendant under the stand I mean it's like 101 you have to put the defendant on the stand to say that yes I was in reasonable fear of my life he didn't do that yeah I don't disagree with you by the way I'm pulling it up I'm not crazy I read the statute okay so the manslaughter is defined in Texas a person commits manslaughter here she recklessly causes the death of another individual
was he not reckless as he plunged that knife into an area on this boy after being shoved could the jurors make that finding I think they can and reckless means the person was aware of but consciously disregarded a substantial and unjustifiable risk that death could occur he's not an expert in stabbing and killing people he stabbed this kid and it happened to kill him could be the argument so we're talking about manslaughter no where someone's heart is I mean
let's be honest that could he didn't he did it that could be the testimony was it's stomach in his leg his heart but now he had the knife open in the bag and his hand was in the bag you know and this was before any alleged putting on the hands occurred and so look I
appreciate always appreciate the zealous advocacy and the the arguments the creative arguments
of my colleagues and of my friends the my lawyers who are my buddies around the world including Mark and Dave but I I think that as creative as that argument is and maybe it's right maybe
“that would have been the only thing you could have argued to the jury and sometimes as a”
defense lawyer you have to just argue the best thing that you have even when it sucks and I just think that the facts of this case were terrible for the defense I would be curious to know if there was ever any contemplation of there being any kind of plea deal it seems like no it seems like there was never a plea deal that was offered I don't know if the defense even asked for one but in any event
I'd like to say that I feel like maybe the defense team did the best they could out of what they
had but to be honest what I saw was lawyers that were maybe not quite as prepared as they needed to be because as I keep going back to this they just seem to not have prepared their witnesses it seems like they didn't even you know talk to them very much ahead of time or if they did it maybe they forgot what they were going to say because there's so many things that happened on the wetness stand that just seemed inconsistent with what you would what you would have expected
out of this defense team so anyway let me show you sound by twelve this is court TV's Cody Thomas describing the prosecutors versus the defense when it came to the witnesses and witness prep listen here as a twelve and then the defense began their case Saturday afternoon with three witnesses of course there was a couple of students that they called one thing I thought so that then Matt on this Saturday session was that one of these students the defense attorney
clearly stated that they had not spoken before he got up there and he asked him you know we've only spoken for two minutes right ahead in the hallway before he came in so there was no witness prep when we know that's a huge fact that goes into trials that we cover here at court TV and you know we's asking this kid questions to which the kid kind of doesn't really have answers to her is kind of negating the narrative that the defense is trying to go down and then once the
prosecution gets up there in cross examination the prosecution says oh we've talked for more than 10 minutes and in fact I was texting your father last night which would have been Friday night so that was interesting to me that the prosecution seemed to have a better relationship with
“this defense witness yeah that's insane that's what we talked about and I'm afraid true”
crumbs show today that is malpractice and that would cause jurors to quickly find somebody guilty of the main charge rather than consider any alternative when an attorney is that inept and doesn't know what the witness is going to do and how they're going to be eviscerated that was horrible and folks if you hadn't checked it out David I got into this very discussion on today's episode of the MK true crime show and I'm sure we'll come back to it as well once we know what the
verdict is about just to interrupt you quickly failed just to interrupt you quickly forgive me
The jurors are entering the court or mine now and yeah if you see the crowd s...
outside the it's getting heated outside the courtroom too it's out in the you know it's this
the the the the new black panthers are there was there any was there any testimony at all that race ever came into play in terms of epico nothing right no no it's the whole thing I mean there are some derelicts on the internet who have introduced race but the whole thing has been driven by this Dominique Alexander who is the spokesperson for the Carmelo Anthony family who continues to try to racialize this case you know try to say that Austin Metcalf was a white
supremacist which is a defamatory lie there's zero evidence of that he just keeps injecting this because he thinks he's gonna nullify the jury and and the verdict and it hasn't you know
so far that hasn't caught hold and there's been zero evidence of it in court here he is this
guy's got a long history of his own involving some very questionable behavior with young children and hurting them we'll get into it another time but that's their family spokesperson so I'm sorry Phil so the jury's filing in the new black panthers are outside there are protest as there have been there are many citizens of the area who we put on camera yesterday who there was a
“black woman saying we protect our own that's what we want but there are no black jurors right here now”
I don't know you know whether there are white jurors who have that same attitude they did try to flesh out whether there was any racial bias in voidier for any juror white or black and presumably
these folks made it because neither the defense nor the prosecution believe that they harbored that kind
of an animus go ahead of hell yeah I was just talking about exactly what you're seeing outside the courthouse it just from a 10,000 foot level let me just say it makes me sad as a lawyer and someone who's been a criminal justice professional now for about 40 years to see you know our justice system breaking down like this to you know this faction versus that faction this racial group versus that racial group you know justice should be blind it should be determined by what happens inside
the courtroom with competent reliable evidence we have witnesses that are white we have witnesses that are black you know the fact that you got a jury made up of 12 white individuals is is not done surprisingly because it's a majority white jurisdiction as I understand and you're not in titled to a jury that looks like you you're entitled to a representative cross section of the community and by the way there are we're plenty of okay standby that this this per fox Dallas
the judge is now on the bench the judge is warning the court uh room against any outbursts everyone is now standing the jury again has entered the courtroom already so we are seconds away from a verdict in the Carmelo Anthony case awaiting the actual readout from the court clerk and the exchange with the jury as as it happens standby hold on just watching the for a
“refresh on my phone as we continue to wait yeah we're all struggling I think it's been camera versus”
lucky he's been good at all he's been found guilty murder guilty of murder we got a Colin County jury has found Carmelo Anthony guilty of murder in the death of Austin Metcalf were I mean no surprise there was no other there was no other reasonable choice they're just wasn't Dave Aaron this I mean this is as open and shut as they come this is and it was the right verdict because when you go to a track meet you know end up you shouldn't end up in a body back
mean you this was what happened to the days when you have school fights and now everyone brings a weapon and it's just ridiculous and one thing that Phil said that just want to clarify I don't think the jury was all white and traditional sense apparently there were several Asian jurors and so there were no black members of the jury and although that to me is unfortunate because it means that this verdict will not be accepted the way that it should but as far as on appeal I don't expect
that to be a subject of appeal to be overturned because as Phil correctly says there's no quota
“how many people of different races you have to have on a jury as long as the procedures were fair”
meaning the judge of the right things and everyone the process played out that's all but as far as the evidence the evidence was just overwhelming I mean the fact that the fact that the defendant didn't even take the stand tells you enough that they knew that the evidence was gonna cook them if he did take the stand too and they thought they would just roll the dice I'm just putting the prosecutors to their burden of proof well prosecutors got a quick guilty verdict the issue for me
our mellow Anthony found guilty for those of you just joining us Carmelo Anthony who is 17 years old when he committed this crime plunging a knife into the chest of 17 year old Austin Metcalf
For honestly no reason Megan it was they weren't even having a fight it was a...
dispute over whether Carmelo should have been in that tent and just FYI there are 12 jurors plus six alternates we don't know exactly which one of these made the jury in which one are the alternates but the white woman in the 40s white man in his 40s white man in his 20s or 30s white woman there is an Asian woman there's a white or a Hispanic man a white or Hispanic woman another Asian a Hispanic or Indian man a Middle Eastern woman wearing a head covering an Indian woman
so you're right Dave they're not all white there are some minorities but no no black jurors come
making the issue for me has always been I always like take the defenses story and I say let's say it's true
it comes back to proportionality let's say everything you're saying is true but the victim didn't have a weapon you can't bring a knife to a verbal assault and a pushing fight the only then it got bruised was the ego of the offender and and and and I would argue to the jury he didn't have to wait for a punch because a punch could have killed him we know that could happen but you know what most jurors ain't buying that they'll think about their own family members having a
dispute with someone and let's say your own family member pushes someone for whatever reason
“that shouldn't warrant a death sentence and I think these jurors you know thought that through”
very quickly and said yeah even if we believe what he's saying we can't do anything other than
find for the most serious charge I mean what we're hearing now from inside the court room I just want to make sure I I have the citation correct this is from CBS 11 news reported JD miles reporting that Carmella Anthony has broken down in tears you can hear inside the court room his bond has been extinguished he's now officially in the custody of the Colin County sheriff as he has been found guilty of this dastardly crime uh justice was done Phil Holloway it's it's unfortunate
it's sad I really do as with any crime involving a minor I do have some blame for the parents I want to know what happened in that how why how did you raise a 17 year old who was this
indifferent to the value of human life I say that the human brain doesn't really fully understand
the concept of risk and a risky behavior until it matures to about the age of 25 or 26 so anytime we see you know young people engaging in this kind of behavior something caused Carmella Anthony to make the decision to take this long five guess five inch knife into a track meet where it had no business being whether it was legal or not somebody or something caused him to make that choice so did he not understand the risk and something caused him to escalate a tent situation
as well once he came up under that tent and by refusing to leave and so yeah I think there is a component of how people are brought up what parents teach their children how parents teach their children to sort of keep themselves out of harm's way how to not escalate situations maybe just
“walking away and not going up and thinking your billy badass is the is the best way to go so”
yeah I think there's some real questions about that but it is sad anytime somebody loses their life and it's also sad when you have a young person who's terrible terrible wife choices cause them to then essentially lose their life or at least spend the rest of it in prison. He killed two people he killed two people who is a murder suicide in a way. And it's any destroy the family and everything and now we're going to have to deal with
all the unrest outside the courthouse. I'm curious Dave what can I ask you guys something this is just breaking right now that the court is now going immediately as the word being used into the sentencing that's going to ask you about like what should he get five to ninety nine years apparently but can you explain that do you know this is that mean we're going to get a sentence right away is that how it works in tech so that's my question to all of you to to fills point we know again
not to excuse now we're just talking mitigation he's been found guilty and there's a wide range of what he could sentence I was curious to know what the lawman's thought was a former prosecutor Dave if you are if you've got a range of five to ninety nine years what is the appropriate sentence is the case well that was a defendant was he seventy but wait wait before we get to the appropriate sentence I heard what let's talk about my question which is are do do you know
“Phil or Dave whether that means immediately into the sentence like yes that's what it sounds like”
sentence right now it sounds like and I've actually had that it's used to be fairly common particularly when the law mandates you know a life sentence and in this case I think Texas law mandates a life sentence that mandates that he's eligible for parole because of his age death was
Not an option so this is like the only possible if mandates five to ninety ni...
it is a it doesn't mandate a life sentence but it's I mean it would it would be effectively
it effectively would be when it felt well in your sentence maybe we can double check that I had maybe misread that but in any event it's what I had read was it was life but in any event the judge heard the testimony the judge heard the testimony and the judge heard the evidence and saw the evidence and I think has a pretty good idea what are you going to do that explains it Megan this is a real law in order judge you saw during his questions for the jury he wanted
to make sure that he weeded out all jurors who didn't believe in American exceptionalism so I suspect he's going to throw the book at Carmella Anthony I would say be closer to the
“ninety nine than the five he can't give him life without parole you have to at least have an”
eligibility to have parole at some point since he's a juvenile but he's going to get decades in prison I just don't know how long I would be interested to seeing what happens next as far as the testimony in favor of a lengthy sentence from the victim's families and those on the mitigation side I don't know though if any of that will sway the judge I think the judge has a number in his head and he's going to go with it are you telling me that the family of Austin Metcalf like right now
it's going to have to take the stand and do a victim impact statement like immediately saying I couldn't do it as a lawyer I couldn't get up there and how does well how does it normally work I mean it doesn't it normally isn't there normally like a break between the
verdict I've never seen that but it's five it's five to ninety nine or life that's that's the
correct answer so you know you think that's the difference could have asked for some type of pre-sentence investigation and they could have come back and to do it another day but this judge being true to form has apparently decided he wants this whole thing to be over and done with right now and so that is unusual I have not seen that pronounced sentence yeah and Florida yeah that's very unusual because it puts the families through it I mean what do you see I mean like as a career prosecutor
Dave when the defendant was a minor at the time of the crime does a judge typically more often have some sympathy for for the defendant I mean I don't want to call him a kid because he's not and he's certainly an adult now he's 18 or 19 now this only happened last year so
“I think he's probably 18 years old but do you think this judge will have any softness in the sentence”
given the age when the crime was committed not this judge Megan this is different than the McKenzie Cheryl case which we discussed on MK true crime because there you had from that Netflix special the crime right she she killed two people and it was shown to be intentional but because she was 17 she was given 15 years to life and it was concurrent for the two deaths which meant that she could conceitly get parole after 15 years which is way too light but here you're talking
about one death it was awful and I think of a different judge though a much tougher judge and I think he's gonna throw the book at him and yes it could be five to 99 or life with the possibility of parole at some point but I think it's gonna be up on the high uh digits perhaps I could see 50 years here I could see that yeah I could this judge why you making that face why you making Megan Megan come on first of all it was horrible what he did let's make that very very clear I'm not in any way but let's compare this
to other cases he's 17 years old the facts and circumstances are a little unusual doesn't everybody can see that on this panel for it's totally just looking at it from a mitigation perspective shouldn't he be treated a little differently than some other cases that's all you know let's start with that can we at least start with that I don't if I were the prosecutor I would get up and
I would start with Austin Metcalf not with Carmelo Anthony well I've never go away to walk down
the aisle or if we're gonna go to college or never gonna have a child as parents are gonna constantly grieve him oh and by the way I mean not for nothing and this isn't admissible but the parents of of Austin Metcalf tried tried to reach out to the family of Carmelo Anthony there there was
“a press conference remember Dominique Alexander was there with Carmelo Anthony's parents and”
Jeff Metcalf he showed up he wanted to hear what they had to say and this creaton Dominique Alexander shamed him trying to say he had done something like disrespectful his son that was dead it was just so wrong like that they've been treated so wrong the Metcalfs by the Anthony's from the
Start and if I were the judge he may not be able to consider any of that but ...
aware of just how disrespectful the whole family has been soup to nuts on this poor Metcalf family
and all I can think of is is Hunter Metcalf who's probably sitting in that courtroom right now the identical twin who held his dying brothers in his arms and wailed I can't do this I can't do this he didn't he didn't want it he couldn't he was bargaining the way we all do and we lose somebody yeah he should get a significant sentence I would be prepared to throw the book I'd be right you know what kind of an in on a 17-year-old what kind of callous person shoves a knife into another
and and he should get and he should get to know if he should decades for that there's no
“much to your point that's what he's been treated he'll be fortunate now he's sensing too”
I mean to your point about should he be treated differently because of his age well I would submit that Texas law already treats him differently because if he gets to the life sentence that I think he's going to get he has to be eligible for parole so life without parole is not off it is off the table if he were an older person then that would have been on the table so the law already takes a lot of this into account and it gives the judge a lot of sort of discretion here and so his age
is already kind of factored into this so the judge is going to make the decision based on the facts of this case and what's fair and what you're saying life without parole or anything without parole that's not an option because that's great well Texas law generally allows that of inmates has to serve at least half the sentence or 30 calendar years whichever is the last
“before their eligible for parole so if he gets the 50 years like I can imagine he'd be eligible”
for parole in 25 but because of the case law yes because he was 17 as a juvenile he won't get life without parole who'd get a chance to get out early just this just in view the daily mail Carmelo Anthony and his mother began to sob after the verdict was read to the courtroom judge John R. Roach asked if the court needed to take a break Anthony's lawyer asked if he could take him somewhere before the judge reminded him that he is now guilty and in the custody of the sheriff's
office they don't mess around down in Texas evidence for the sentence will be heard when the court returns Anthony's mother continued to weep as she leaned over her seat other members of the Anthony family were seen wiping away tears Austin Metcalf's parents smiled while their
family and friends cried happy tears I'm sure this is the first smile they've had in a long
time Carmelo is now back in court the jury will return and we will begin the sentencing part of the trial now says this is up from inside the courtroom reported by I'm not sure who she reports for oh she's with the daily mail Mary Anne Martin thank you thank you back in he's back and now the jury is going to return we will begin the sentencing part of the trial now jurors have to decide between five and ninety nine years in prison
I don't know if this is true but we heard we heard that that there was an election to have the jury decide the sentencing as opposed to the judge I don't know whether that's true but that's apparently why we're going to do this right away because it's the jury's there yeah you know if it's the jury's task the jury's not done with its work go ahead so look to your you're you're reading you're checking X or you're checking the internet and you're checking to see what the reporters
“who are there in the court house and who are on the scene are reporting this I think makes the case”
for live streaming of virtually all trials okay in the United States there's no reason that I can think of no good reason not to have live stream this not to have allowed right the public inside the courtroom to see this is a highly controversial case whether it needs to be or not it is and so I think that the better plan the better idea would be to have cameras in the courtroom to have people able to watch and see for ourselves in real time what's
happening that way we're not left to the descriptions given to us by journalists which a lot
of me doing a great job but they may not always be accurate we need to be able to see in real
time what's happening but in particular we need to see the evidence we need to hear this witness testimony the people outside that courthouse need to hear the witness testimony because otherwise false narratives take hold media narratives take hold and the whole thing just spends out of control if you have cameras in the courtroom then we can eliminate most if not all of that nonsense and we can take the public inside and see what we say on our show that sunlight is the best disinfectant
okay when it comes to these things and it's time for all courts to go ahead and get into the 21st century and allow us to see what happens in their courtroom's this just in Carmelama Anthony's
Mother is taking the stand now as the sentencing phase of his murder trial I ...
defense waived opening statements mark I can't even because I'm thinking of first and foremost I'm thinking of everybody my head spinning but as a lawyer you put so much energy into a case and then all of a sudden the jurors give the worst news possible to you now I don't know if the lawyers were expecting it but at a minimum you're putting all that energy towards trying to get in a quittle alternatively you're thinking you know manslaughter and then all of a sudden boom the worst
“case scenario and now you have to get up and now fight for a life it is insane I just they would never”
do that here I've I've never heard of anything like that it's just cruel you're in Florida I know you
know it make it so the audience knows it is interesting then it takes us that the defendant before trial has the right to elect whether they want a judge or jury to impose a sentence so I was under the assumption that it's the judge that decides a sentence I think it's a smart move for the defense to ask the jury to do it I think we'll get a better sentence by the jury than buy this real time judge yeah and that's why they're going forward right now I mean it must be true right because
why else would they have called the jury back in and be taking witness testimony you know mitigation and so on from the mother that the jury must must be must have the decision in its hands again we're
not that familiar with Texas state criminal procedure but we're trying to have read what the people
“we trust and get and clean what's happening that's what we believe is happening that they've”
elected to have the jury decide the sentence that the mother's back on the stand or on the stand and now I mean I don't know you know I would have lost the Texas and I had actually there was a time where it was top of my mind that Texas had the option for jury sentencing it had escaped me and like Dave I was just assuming it was going to be the judge but it doesn't make sense for the defense to seek jury sentencing because to the extent there may have been no disagreements on
guilt or innocence now you're going to have to have everybody with maybe a different point of view on what's the appropriate sentence now that we know that he's guilty of the crime and so it could be a while I don't know that you're going to see a three-hour verdict on sentencing okay but now listen to this fox Dallas reporting that Carmella's mother was asked if Carmella regrets his behavior she said yes he does regret it please have mercy on my son she's saying he's
remorseful she's the only witness the defense plans to go I just did what okay okay okay no no no listen every single person my client ever said god bless you too I'd consider calling okay
“his life is on the line you got one person the mom that's all you got not a singer teacher”
not the coach not nobody friends family you've got to put people on there to humanize him I can also you could put him on the stand in this case I know a lot of times you don't because you don't want to ruin the appeal but here remember it's not a question whether he did it we know he did it question is whether it was self defense he could go out there and say I regret everything that happened I wish it hadn't happened and that won't hurt his appeal but I think it shows he
can't be cross-examined yes yes and that's why he won't that's what I don't do but I was doing it all right now he can not capture the right effect even if he feels it even if he sleeps at night and he cries himself to sleep every night which may or may not be the case there's no way on the stand you can count on him connecting to what he did the life that he took in the impact that it had on the family it would be so difficult and so any attempt up there would
undermine what the jury what as a as a defense lawyer trying to go for to get the jury to feel I you can't put him up there you can't I mean I'm sure that these I was reading you the list of the people on the jury there are men and there are women I am sure that they will be moved by his mother begging for mercy but Austin Metcalf's mother is probably going to take care of you yes yes and that I mean this is Texas guys you know it's Texas we are not in San Francisco
we're with the most leftist jurors okay I look Texas justice I learned that's a horrible call I took a case in Lubbock and I ran the facts by people in the community they all said they would give my client life and then they said they'd give me time for representing him yeah
so that's the problem is they're going to undoubtedly fill here from Austin's parents one or both
Them and maybe maybe from sweet hunter his identity I think of the power of t...
exactly like him yeah it's almost like hearing from it's not a good it's not a good it's not a good
“that's what I would do it's not good for it doesn't doesn't build well for Carmelo Anthony this”
jury may not give him life if it's up to them but he's he's going I think you can all agree that he's going to be in a Texas prison for the foreseeable future and if not all of his life certainly most of it's what a sad sad tragic case all the way around well we'll listen to this you guys listen to this that no one will be taking the stand for the prosecution because they also rested the the defense rested after Carmelo's mom in the penalty portion of this case the
state also also just rested what so the jury now will decide the punishment I know what's happening in trial you're limited on what you're allowed to say right you can call the mother up for to identify to to do certain things but she can't go all out on what the loss means because then you're appealing to sympathy sentencing that's exactly what it's for she should be up there family members should be up there explaining what the loss meant I can't imagine why they're not doing it
right I don't I genuinely don't get why they wouldn't put one of the Metcaps on this stand maybe they're exhausted I mean this has been an emotionally draining trial and now you got to go and do the penalty phase right away I don't know they should she should have had it lined up and I'm sure maybe they just decided they put up one witness on the defense side and let it just
“play out but I think yes you should put up the twin I mean you got to go for what the family wants”
which is clearly they want this guy to be imprisoned as long as possible so how do you leave money on the table like that I think they should put up more I know I mean I know it's all relatively recent but all I can think is of the Idaho case the Idaho 4 it's like that murder was as gruesome as they come but the family members did take the stand they were there during the penalty phase we talked about it at the time and you know I I I feel like the family probably
would have done it's duty and spoken on behalf of Austin maybe the prosecution said there's no need trust me you know the I don't know or maybe they just don't want to have a hand in it you know remember Erica Kirk was asked about whether she wanted this to be a death penalty case it is a death penalty case against Tyler Robinson and she said I I don't want to weigh in on that because
“as a Christian woman she just didn't want to have a hand in possibly leading somebody to their”
death and that you know that could also he's a death penalty sound on the table here but it's possible the family just didn't even want to have a role in the penalty phase and just wanted the justice to play out as it is now punishment phase just ended after one witness two questions from the defense one from the prosecution and now judges work the judges working on the jury charge and then I guess the jury's got to go back into the deliberation room and come up with
a number first it was coming up with a guilt or an innocence and now it's going to have to be coming up with a number I don't know that's have you guys ever seen a jury come to a a decision on sentencing before and do you think we have do we have anything to go on as to
whether they generally go hard or easy I got nothing I've never seen a jury you know I've seen
jury's recommend like in death penalty cases they could recommend but it's a judge decision ultimately but this is weird where the jury comes up with these sentence and the judge doesn't play a role and what a third to five so the jury charge is going to say things like you know whatever you're enlightened conscious you know leads you to within the within the statutory range and the judge will spell out what the possible options are for them
and and then he wants to send it back and the judge has indicated previously that he would not mind letting this jury work late into the day or even into the night so it may very well be that everybody just wants this to be over and done today close the book on this case and move on to whatever comes next for that judge's docket so on the other hand the jury could say you know what we're exhausted when you go home sleep on this we'll come back and work tomorrow
so he may let them make that call too where where I don't where's the mitigating factors that
they always present on team defense you know lack of criminal history gets up there and says he
he was in the cubscouts and he that one time he helped the lady with their groceries and you know he was the captain of the track team and you put a track team member up there saying he helped
Me out this one type like I don't mark is it possible that didn't exist or it...
Megan I've presented some really dark fellows you find people you find relatives you find anybody rent a witness I'm kidding but there's got to be something something that you could put up there to help mitigate this kids looking at I want you I say mark you get up there tell them about something that I know you guys got to run it I would I would you don't have to run I would say I see him in public all the time and he goes up to the the bruised apples and he
whispers who did this to you passionate whatever it takes Megan maybe they're seeking an
“effect of assistance of counsel but not at this point but that's what I'm saying generally that's”
definitely like the second I really want to hear that out well we keep going generally that's for the
the guilt phase not the penalty phase of a trial so I think at this point it's unlikely but I can't explain why you wouldn't put up all the mitigating evidence that's the thing that the defense can do they can put up anything like the his mother smoked in the womb member they did that with the Marjorie Stomman Douglas man that happened to me too I knew my mother was to blame for all my problems exactly hey Megan I got a show called positively legal under the MK brand
and I got Janice Spielbore and producers waiting for me I should have been there so yeah go I know you guys got to go I'm gonna keep going because we're going to see if we can go into this recommendation yeah go ahead I was too it's gonna excuse myself thank you very much for for having us I have a
dog that needs to get to a veterinary appointment but always happy to be here with you and talk
about these great programs and we want everybody to make sure they check all of this out over at the MK true crime we'll get three great shows over there absolutely check out my panel and Dave
“do you have to I think you have to go to according to my producers yeah I gotta leave me but I have”
another team coming in you guys thank you you've all been terrific and it really appreciate you on the last minute joining us for the breaking news check out all of these guys at MK true crime that's where we have all of their shows positively legal and the MK true crime show along within the well starring Mark Garagos and Matt Murphy and you just have to hit one little follow button on your podcast streamer in order to get all of their content you can check
them out on YouTube as well we're gonna get some other lawyers joining us in one second but just want to tell you what's happening outside of the courtroom now these new black panthers are behaving terribly injecting once again race where it doesn't belong take a listen to the following color from outside of the courthouse this is a female black panther by the one above a week on each other week time I would date doing her wife won't get a wife
you don't have to get a mess you don't have to get a mess you ain't trying to get no cool sit today go up there wait for us with that this this is a race as a country we're in a race as a state
this is a race as a court hey ain't nothing I'm talking about we never have a white boy
member for our black door tell this media tell us white folks this is the war this is the war this is the war this is the war this is the war this is the war this is the war this is the war that never stop me in race nice so in case you missed it this is a war we got to tell our kids the truth that this is a racist as country and then ask the question when has a white boy ever been judged by an all black jury of course trying to inject race
“and do it suggesting this jury's racist let's be honest that's what she's suggesting”
that they didn't give him a fair trial because he's black and they're white which is just so outrageous and unfounded and that's straight out of the domineak Alexander playbook who is the spokesperson for the Anthony family then this is the poison he's been injecting into the the bloodstream of frisco and hoping that someone who thought as he in this woman do would make it out of the jury and unfortunately for him they ran a very tight process and they
weeded out those people they weeded out people who would have loud race to dictate their verdict and you can see she's very upset about it in fact what they did was they allowed the facts and the law
To dictate their verdict and that's how we wound up with a guilty unmerter wh...
what Carmelo Anthony committed and what he deserved back on the elements of the case
we did pull the statutes and stand by murder is an offense okay you've got to prove that the person okay actually I lost it but it's knowingly or intentionally I'll find it so many texts from my team here it is person commits an offense of murder if the person intentionally or knowingly causes the causes of the death of an individual or if they intend to cause serious bodily injury and commit an act excuse me clearly dangerous to human life that causes the death
“I mean that's just I just the there's just no question that that's what happened here like”
you you knowingly cause the death of Austin Maccaf when you whatever the equivalent of a
sucker punches you sucker stabbed him in the heart with no warning and no no build up nope no even verbal threat that that was on the table nothing the prosecutor was pointing out in his closing there were no defensive wounds Austin Maccaf did not see this coming he had no idea his life was in danger Carmelo Anthony took that he played God he played the devil and in a moment it was over so that's murder it's not manslaughter and this jury got at 100
percent right again for those of you just joining us Carmelo Anthony has been found guilty of murder by a colon county jury he is in the custody of the colon county sheriff right now they are deliberating his fate when it comes to the penalty phase of this what his sentence should be
“it's between five and ninety nine years or life five and ninety nine years is the I believe”
what the jury is choosing between here because he was a minor when he committed the crime no parole is not an option so he will be eligible for parole no matter what sentence he gets the jury it's true did not have any black members on it but it had multiple minorities including Asian women a Hispanic or an Indian man a Middle Eastern woman wearing a head color covering an Indian woman in her thirties and at least two or three others who the reporters couldn't tell
whether they were Hispanic or white but they too may have been minorities just couldn't tell and apparently we in some trials you get access to the jury forms and this one clearly we didn't
“here's a little bit more color for you and what happened inside the courtroom on the penalty phase”
the local CBS again this is JD Miles reporting that Carmelo Anthony's mother told the jury
he's my oldest he's my first born he will always be my baby I love him very much the
defense does your son regret what he did yes he's very sorry for what he did I'm I got to be honest I don't I don't have a lot of tolerance for this mother she sat there in back of Dominique Alexander let me show you that that bit from Dominique Alexander trying to demonize Austin's dad Jeff Metcalf just listen to this one this is from April of 2025 stop 15 what we've seen at the beginning of this press conference behind him the fog of being at this press conference
is a disrespect to the dignity of his son is that was disrespectful and just shows you all the character who was not invited he knows that is inappropriate to be near this family but he did and so I say to people actions speak louder than words okay what he has failed into is the political operatives that want to make this thing a political thing of hate yet bigotry and yet racism we have conservative operatives that have been posting
non stop unbelievable Ashley merchant is my guest now she joins us she's also part of our mk true crime network and you may know her from her very famous and laudable fanty willus case participation which is the one who we have to thank for getting that case dismissed
Ashley it's infuriating because in that clip what the listening audience can'...
Carmelo Anthony's parents standing right behind him of course Jeff Metcalf showed up at this
“pressur involving his son's murder right oh Megan it just it gives me goosebumps when I watch”
that because I blame them for this because he should have made a better decision and that's you know as a defense lawyer it just really pains me same well part of our job is to make people make the best decisions or help them make the best decisions and it's the same as a mother and this mother part of her job is to help her son make a good decision he did it he's guilty if he felt bad like she told the jurors maybe he should have gone in and begged for a deal ahead of time begged for
mercy ahead of time and thrown himself at the mercy of the prosecution the mercy of the victim's
family you know done that instead of dragged it out and had this this defense this whole time
that you know this is racist and self defense I mean that doesn't show that you're taking responsibility that doesn't show that you feel bad for what you've done and I'm saying this is a defense lawyer I mean they needed to have that serious conversation with him he's a kid the parents needed to have a very serious conversation with him about taking responsibility for your actions and they didn't that's right they didn't and not only did they stand there while well well this
Dominique Alexander their family spokesperson right tried to shame the victims father who I'm sure was there to make sure his child wasn't being smeared or attacked by this villainous Alexander
character but they stood there and let him say all of that about Jeff Metcalf they stood there and
listened as well when he played the race card right with which they were obviously totally fine here's thought 13 from that same presser April 17th 2025 black people in America while the current occupant sits at 1600 Pennsylvania black people in America don't have to pull the race card is what we live as a reality every day is what we have to teach our children we don't want to but we have to we don't like to but if we want to sleep at night
we got to I am pulling the race card I live it I'm reminded all the time that I'm a black man in America oh my god I mean Ashley it's outrageous what they did what they tried to pull off it's absolutely outrageous it backfired and I hate it for them because they got awful advice this person this Dominique Alexander I mean just creating a racial profile out of this that wasn't race there's nothing to do with race this was just a killing this was just a kid who should not have been there
with a knife and should have been taught better not taking responsibility it has nothing to do with race but I can't help but think that they wanted to influence the jury and wanted the jury to be walking past folks every day to somehow think that this was racially motivated what it wasn't there's no
“evidence of that there they're they're the only ones who injected race into this case them and honestly”
it's why I'm not convinced that race wasn't a motive in this case on their sons part I'm not not not on Austin Metcalf's part right I'm not either and I'm not I'm not convinced that it wasn't something in the back of their head thinking I can use this as an excuse you know this will go along with myself defense claim you know something like that I can't help but think that that was somewhere in the back of their head yeah I there's no way the parents are full of this level of
racial grievance now and the son isn't now I don't believe that and he obviously has a hair trigger which also is possibly born of racial grievance so I just like I have no tolerance for this and I I think that that's the only witness they put on that stand the mother saying is little as she did because let's face it in all likelihood that's all there was they probably didn't have some cubs scout leader or other person who could wax poetic about the
virtues of Carmelo Anthony they didn't and I'll tell you Megan it was really surprising to me that they did not put Carmelo Anthony actually on the stand in a self defense case that absolutely shocked me I mean he doesn't have power convictions so usually if you don't put your client on the
“stand it's because they they can't they can't honestly say they didn't do it they have”
power convictions they have something they want to hide or you're concerned that they're going to lose their temper under cross examination and I can't help but think that it had to be that last one it had to be that they were so nervous that he was going to lose his temper during cross examination and show the jury that violent streak and that they were afraid of that or
Else why would they not have put him on the stand yes I totally agree with yo...
event a sympathetic witness at all if he couldn't even take the stand to express that he regretted
“murdering Austin like and then he was barely he wasn't able to sell it we needed to hear that he”
was scared we needed to hear we needed to see the jury needed to see that fear and that was the only thing that that would have could have potentially saved him if they actually saw that fear
if it existed but clearly it didn't exist yeah now I want to bring in a first-time guest
on the case Ashley stays with us who has covered this case very closely uh it his name is Imrah Ansari and he's a lot partner of our pal Arthur Idala Imrah and great to see you your thoughts on the breaking news here that it's a guilty verdict it's on murder and they're already going to the penalty phase with the defense presenting one witness only Carmello Anthony's mother and then both sides resting and giving the case back to the jury to come up with the sentence yeah
Megan I'm not surprised at this verdict then he had swift justice there right there were deliberating for maybe three hours or so when they came back with this verdict and two to Ashley's point
“when you have a justification defense a self defense defense you have to put the defendant”
on the stand the jury needs to step in his or her shoes needs to get in their mind and have to
you know appreciate what they saw with their words if you're going to put that defense out there and not put the defendant on the stand you might as well take that justification uh affirmative defense and now put it out before that jury and that's what they did here because there really was no defense here and if you took the facts you heard the witnesses and how they testified about what they saw really how would they craft a justification defense and I think if you took the stand
it would have just been all the more worse in terms of now at least they could try to mitigate the sentencing phase and if you took that stand the cross examination some of his testimony they may have not even been able to do that at the sentencing phase so I'm not surprised at the verdict and I am not surprised at the time that the jury took to render this verdict you know I have to say I thought that the defense lawyers performance was so abysmal
it occurred to me as he intentionally trying to throw this case because there's no defense and get him in an ineffective assistance of counsel a pellet ground I really did ask myself that and then I remembered that that doesn't work if the case is open and shut against the client like
“you you have to go back in so now that he's convicted and if you want to file an appeal which they”
always do um he'll have to say ineffective assistant of counsel and actually he'll have to then
prove to the court that an effective lawyer could have gotten him off right that which is yeah that's who it's like it doesn't make any sense to intentionally take it right it doesn't make any sense and I think he would have a really hard time going over that hurdle to prove that the result essentially he he would have to prove on ineffective that the result would have been different if he had a different lawyer not just you know the lawyer maybe made some mistakes but you know as I've watched this case I was
thinking about the defense lawyer and thinking I wonder if he's tanking it or I wonder if his hands are tied and those are very different things for defense lawyer when our hands are tied it's because moms in the room and she's saying you you know you be a proud whatever you're you're you know you're innocent you're this you're wonderful you're my baby don't take a plea don't listen to the advice to counsel you know we're going to put forward this defense and so we as defense lawyers
control certain aspects of the case but we don't control everything and so the decision to testify for example that is up to the client that is up to the defendant and when you have a 17 year old his parents were probably involved in that decision so I can't force my client to do that and also things like manslaughter for example when I saw the judge give that manslaughter instruction I thought you know a really good move here would be for Anthony to have testified and told
them that this was an accident I feel awful and and tried for that manslaughter you know tried for something in the middle because that could have saved a lot of his life I mean he definitely would have spent many years in prison but he would have gotten out and I can't help but think that that defense lawyer probably wanted that furnace client and it's probably upset that you know maybe the parents influenced him maybe society influenced him who knows who influenced him
but that he didn't wasn't really making the right decision because he's 17 I know what we know from the daily mail is that these parents in addition to playing the race card through their spokesperson and attacking Jeff Metcalf as the villain that they took the money they got from give send go and reportedly used it on this very nice mansion where they moved their family to they
Claimed it was a safety issue I don't I don't think you have to move into a m...
ensure safety but that they did still have enough to hire this lawyer this this guy was legal aid
“he was a public defender but he's not now he's in private practice so I assume they are paying”
him a private practice fee but the parents forgive me didn't seem like their child's welfare was really their number one concern given that behavior right and absolutely Megan and that would be the real injustice here right not looking at this case from a standpoint from a defendant standpoint where we maybe embrace and Ashley you were you were mentioning that you embrace the weaknesses in the case you can see certain things in order to get the jury if they're going to convict and
the writing is on the wall to convict on a lesser count and that manslaughter count was there for that jury but they didn't pivot for that and if the parents saw this case as a means to
perhaps make some money to generate some sort of issue out there that wasn't really an issue in
this particular case get publicity then you know that's the real injustice because the decisions in this case perhaps we're not even being made by that young man in the defendant's chair
“who perhaps would have a chance at getting out at a reasonable age you know if that manslaughter”
was the one of the sentencing had mitigation but no this was turned into an issue that it perhaps should not have been and the real driving force behind that we don't know it but it could be the parents and that would be a real injustice for that defendant and also for the family of the victim because now it was brought into a light where it shouldn't have been this was a killing that was without justification the jury saw that the jury saw what the evidence really told and now unfortunately
there's a lot of loss of light here right you have a loss of life in the Metcalf side and then you have this young man who's going to probably spend the rest of his life potentially behind bars if they're not able to get some mitigation at this late standpoint in the sentencing phase yeah i i feel like these parents actually they they thought that race card was going to work they probably thought they'd wind up with some black jurors who feel the way they do not
normal black jurors who see justice like we all do but ones who are like guided by racial identity like that woman who sound like we ran yesterday said we take care of our own you take care of your own right and they wound up not getting that and i'm sure they're quite disappointed here is just some color from outside of the courthouse hit this person is a Carmelo Anthony supporter and listen to the messaging just now what do you want us to do what what do you want us to do at this
point what i'm i'm lost for what i don't know what to do i got five boys i don't know what i ain't got another tell them no more you can't walk away no more risk to peace rate bomb mart let me ask you this right now okay good got cut off in an awkward place there via that's via hey jb show on wfla which is on next hour and by the way our earlier sound bite was up from next sorter the one where we showed the black panther claiming the country's racist
in the court's racist and this is a war so yeah what am i what am i gonna tell my kid why don't you tell your your kids not to snap somebody in the heart over a track meet tent right over and
and then you'll be fine i mean and don't don't don't bring a knife in the first place don't
bring a weapon you don't need a weapon you shouldn't have a weapon there i can't help but notice the absence though of any character witnesses which i thought was really interesting in a self defense case you know we talked a few minutes ago about how the fact that he didn't testify himself but the fact that there were no character witnesses this is seventeen year old kid is there not a guidance counselor at that school is there not in this principle that he's
is he not in a club is he not does his track coach not know him and be able to testify on his behalf that was really interesting to me because if you have an affirmative defense like self defense unless there's bad character that you don't want to open the door to you're going to put up a character defense so the only reason that i can imagine that the teachers weren't testifying the guidance counselors weren't testifying the the church you know the the pastor wasn't testifying
is that they were worried about opening the door to other acts of violence and we haven't heard that yet because he's a juvenile but why else would you not put up a character defense i just i don't
“understand that's a very good question that's what i was saying is like he doesn't have a criminal”
record because he's a juvenile but that doesn't mean he didn't commit crimes and pay for them in the juvie system it doesn't and he opens the door even like if there's school things if there were some you know if there any indiscretions at school even if they were administrative that would open the door if you put up a good character defense that opens the door all of that yeah yeah and she said he's her oldest which means she's got other kids like you couldn't have a kid
A younger sister say please please you know don't put my brother away forever...
strange that they limited it so much um stand by i want to bring in viva fry who's joining us now
to add to our panel um viva are you are you surprised by any of this in particular that we are already in the sentencing phase and that it's already over the the testimonials on his behalf what i was shocked about is how how fast this trial moved and in a full disclosure everybody knows this i'm a former Quebec civil litigator i don't have any meaningful experience in criminal law but with a criminal trial of this magnitude to have opening statements be 20 minutes jury selection
an hour and three quarters but trial on a Saturday or hearings on a Saturday and the the entire
“trial is over in a week on on the one hand i think it's a testament to the weakness of what i”
always believed to be a totally fabricated defense of self defense it was after the fact x post
fact oh nonsense to try to justify the horrific un-unjustifiable in any sense of what he did and once they saw just how bad that was going the fact that they ended their defense after a basically a day and a half there was no point digging the whole any further but the truly malicious thing about this the the murder is it's beyond horror the victimizing of the victim in the raising of a defense of self defense and then the online mob that comes out there and says
often met calf was the aggressor that compounds the awfulness in the evil of the action but
“this was it was a train wreck disaster slam dunk a murder case and there was no point in”
dragging it on any longer for the defense here is a little bit more in mind of what we're hearing
from outside the courthouse the reaction from this radical group of new black panthers and their supporters not everyone there is a new black panther this is via nicks order as well take a listen at here is not 56 you put your hand on me as he harbors bar we were the Anthony fan what were the people that stand behind Anthony family that's the question to share we will stay in behind him and we won't fight for him I'm sorry I'm wrong but if this is the black jury pool that they were looking
at for this case is it any wonder that the jury is without any blacks well it certainly if that was the attitude that was being you know given during the raw deer a jury selection no juror like that would ever be selected or a potential juror and I have to just get to what is going on outside that courthouse now to suggest that there was some motivation by race or of race by that jury when they rendered their verdict after hearing the evidence after hearing the testimony
watching the video seeing all the forensic evidence that was put before them that is so insulting right it's so insulting to those jurors who sat there listening to the evidence and rendered a verdict based on that evidence just to assume and hurl these accusations that somehow it was racially motivated it's just not there and it's it's an insult to those jurors the people in that courtroom and also the justice system so not everything has to be racially motivated and to turn
this right which was based on evidence that evidence that we saw play out in that courtroom whether the defendant was black and the victim was black or white and white the evidence would be the same Megan and that evidence did not support a defense of justification or self defense there was no way of viewing that evidence to say that he acted proportionally or had the legal right to
“stab metcap that's it period and report and that's why you have that proportionality that's what”
it's all about proportionality you can if if Austin metcap had gone over to him with a hammer we wouldn't be here like it's it would have been a different story but he didn't he didn't even punch him he didn't he did nothing he literally just laid hands on him was the testimony the one guy who was sitting next to Carmelo Anthony testified that Austin quote pushed him so gently Anthony didn't even get bumped into his neighbor like his body didn't even like brush up against
The neighbor so wasn't much of a push and of course Austin Metcap was a strap...
if he really wanted to hurt Carmelo Anthony you know he could have done it if he wanted to push him
in a way that would have gotten his attention he could have done it he didn't I regret to tell you that Dominique Alexander is speaking outside of the courthouse of course because he's not going to miss his two minutes of fame and you'll be shocked shocked to hear his messaging let's play it it showed us that time in time in American history it putting motions over the law
“after Trevon Martin in so many countless names it has shown us that black life is not safe in”
calling county it showed us that they did not listen to the law it showed clearly that a judge in a fear in this process it's so very clearly that a black boy was allowed not one black soul on a jury
Ashley it makes me so mad because it's not true like it's just not true you know that's not
how jury selection works it's just not true and so I mean yes it's unfortunate that it was an all-white jury but his lawyers pitched that jury it's a process of deselection if the lawyers thought that it was unfair and that it was somehow bias they could have objected they could have repaint paneled the jury they could have moved to shuffle I've done all of that there's so many things you can do if you actually think there's some systematic exclusion of any race sex gender anything
you can move to reach awful I mean there's so many remedies so you know when I hear him I'm like he's he's clearly not a lawyer about they're talking about something that he doesn't have any business talking about and it's very frustrating because these citizens have given up their lives for a week and what you know listening to jury doing jury duty and it actually having to sit through all of this ways very heavy on these jurors I've talked to a ton of jurors after the
fact and we were just at crime crime and they actually had a panel of extras who were talking about how the profound impact it had when he gets up there and he says this it just devalues that civic duty that they're doing when they're doing jury duty and you know they're paying attention in this case you know that they're weighing these lives very carefully the lives you know that were lost in the life that they have in their hands and their Anthony's life and it's just
very unfortunate to see their service their civic duty discounted like that and just toss aside and said that you know they're racist because because they voted with the law and with the evidence. Oh and Viva, a black this shows the verdict shows black men are not safe in Colin County. The dissident is a dead man as a dead white man he's a dead white man not a black man get his straight Dominique. It's utterly absurd but just so the media doesn't pass on the Ashley that there
were minorities on the panel so it wasn't all white there were a couple of Asians, a Muslim woman
“I think Latino. As far as it goes though the argument of the intersectionality of racism”
is that it was of no use to a black defendant to have minorities who were not black because you wouldn't have that collegiality as though that's when you're supposed to have any jury pool. It's supposed to be a jury of your peers not a jury of your supporters and you know some people might argue well you know the Asian community might not have things in common with the black community so therefore it's not even like having a put it in quotes a useful minority on the on the jury pool
but the idea that they can come out and suggest and at least the saving graces it seems to be a very small handful of people who are free during the day to go and protest in front of a cut prior murder case. So it's not a broader scale thing but for the for the woman who came out there in the black woman in the pink jersey to say if a white person puts their hands on me see what happens to you that's a criminal threat we're not talking about self defense we're talking about murder and what they're
basically saying is what got Scott Adams in the deepest of trouble for she is saying out loud what
Scott Adams got canceled for I don't want to be around white people if a white person touches me
“I feel entitled to murder them that's what she said luckily it's just a handful of of what I think”
are crazy and not a broader sentiment but maybe I'm being too optimistic. No you're right it's actually a good point about the Scott Adams thing just the the incendiary nature of this guy I'm telling you I mean you tell me Imran it tells us something about these parents that they selected this man as their family spokesperson he's not been fired after that presser from April of 2025 he's still there he's outside of the courthouse once again spewing off
mentioning Trayvon Martin after Trayvon Martin and so many countless names it's shown us that black life is not safe in Colin County. I mean look I don't want to make this
All about that nut but he speaks for the family.
be speaking accurately but he's not right we're we're seeing a distortion about what happens in a
criminal trial and the justice system and this conclusery remarks you know making these assumptions as to what happened in that court and then there's apples and oranges right comparing this to Trayvon Martin this is not that case this is not that case at all you have someone bringing a knife to a game who has no threat against them of any deadly force and decides to take that knife out and plunge it into the heart of another human being that's it you don't have to have all this
commotion outside in fact it's a disservice to the defense I think because you start detracting from what should be the focus on the evidence there and the trial and you start getting this whole
“circus out there and it really doesn't advance anything it just divides further but you have to”
speak accurately here going to a microphone and just saying these words right well we live in the
information age where every little thing is going to be picked apart and I'm sure what he said out there will be picked about part by someone on social media from the other side where we're doing that right now right we're scrutinizing that but to do that and just create more division and confusion and disinformation that's what you're seeing there right but right now. No yeah can I I want to add one point to that not only that so it's a disservice to the
Anthony family and certainly to the family of awesome mech have it's a disservice to black people who are normal and do not think like this as a group they're they're the most black Americans aren't looking at this being like a black man can't get a fair trial in America anywhere and
“this proves that black lives don't matter in Colin County bullshit that's that's a lie this”
is a handful of lunatics radicals outside of this courthouse saying a bunch of nonsense that does not reflect what regular black people think these are activists out there actually embarrassing themselves and undermining or trying to undermine the faith in a system that did its duty and came to the obvious only right conclusion under these particular facts and law. Great and I would argue that they probably hurt the protesters probably hurt because the
jurors had to know I mean they live in this community they had to know about this and when you see this every day you walk into court you think you're going to hear something explosive you think you know with all of the publicity that we heard and all the protesters I thought we were going to hear that that Mr. Metcalf had said something awful or done something awful that there was going
“to be some you know smoking gun that they kept from us all because you know there's no way”
Dominique Alexander's going to give these press conferences and say all this and you know promise all of the stuff that there's not going to be something when we go into court so I would imagine these jurors walking past these protesters every day thinking this is his huge racial case this is biased you know we're going to hear some explosive evidence or probably left wondering what like where was it and it probably did a disservice because defense you know it else Viva like the indignity
of these comments because what are we dealing with in the news right now we saw Henry Novak murdered by Vikram Digwa in the UK and a police force that refused to render aid or even believe him that he'd been stabbed five times because they were so anxious to accept the racial narrative over there that it had to be the white man who is the perpetrator and not the brownseek man who actually had stuck a knife in him five times this morning we wake up to an attempted
beheading by someone from Sudan in northern Ireland attacking a man 40 years old a white man who was within an inch of dying and still is not out of the woods he's in the hospital now with reportedly terrible damage to his eyes it could have been far worse had a man not stepped in and saved his life as civilian that's the narrative that we've been seeing on our television screens over the past week now this guy wants to come out and talk about how racist we are against people
of color in America it's a lie this is bullshit it's the you know there's the old expression of the soft bigotry of low expectations and it's also just known as bigotry but I am actually having these discussions with you know certain people on Twitter where one person actually said there were two ways for this you know not to have happened one Austin Metcalf could have gotten an adult and not asked Carmella to leave and the other is Carmella could you know should not have
stabbed him and I'm like apply that analogy to a woman who gets raped and you say well there were two ways for her not to have gotten raped she could have not gone to the nightclub or the
rapist could not have raped her as if to normalize this type of behavior in the first place
it's demeaning to the very people that they purport to be protecting to say yeah there you know
There were two ways for this not to happen you know Anthony could have asked ...
not exceeded the limits of his authority as a kid or you know the other guy could not have
stabbed him in the heart as if those two responses are somehow comparable so it does a disservice
“I'd just say the only saving grace here I think is it's a very vocal group of radicals”
and not a broader sort of us versus them like we saw with O.J. Simpson when I remember otherwise rational people or so I thought same this is a victory because O.J. Simpson got away with murder allegedly in this case it seems to be a much more narrow group of radicals located to the courthouse you know some sort of black Panther offshoot and it doesn't seem to be wider spread or more you know broader across the national spectrum here's a little bit more from outside
of the courthouse this is an in attorney Michael Jafar I don't know that he had any role in the
case I think he's just an attorney but could be wrong this was on court TV's coverage of this
take a listen to his reaction I mean this is a questioning the jury asked him how did you reach your verdict how did you reach it so quickly what happened he was a far-inch knife he used at one time he was he was pushed I'm not saying that it was right but what he what are you doing how did you get this verdict I don't want to know my whole identity as a defense attorney would be questioned right I'd be quite I'm questioning my identity right now I had nothing to do with this
case how could you how could you come back like I would be in rage I'm in rage right now this is very upsetting and then on top of it to compound it this dumb judge didn't allow cameras in the form what was your wisdom what were you thinking how do you put on a role are you that much of an impassal that you all that for cameras in the form in a case like this this is not a rape case this is something different this is something that's clearly the whole community is in rage and
you knew that before the trial started so I mean this is this is very upsetting wow wow actually it's a four inch knife he only used it one time yeah I don't think that the family of Mr. Metcalf would really take kindly to that he only used it one time but he was so lethal that he only had to use it one time I mean that's just an awful argument now I agree with him that I wish
“there were cameras in the courtroom because then I think we wouldn't be having a lot of these debates”
that were having because we'd actually be able to see that the jury got it right with our own eyes but you know the fact that he's a defense lawyer and he has shot to the three-hour verdict I'm not sure how many cases he's trying because that's not unheard of three hours it's not that fast this was not a tough case they're not weighing fingerprints evidence it's not a who done it it's another identity we're not talking about DNA they didn't have thousands of witnesses to debate over
I mean it was pretty open so if you think about it so three hours you know they want to get lunch they've got a vote on who's the four person that takes maybe an hour so they're going to go around and take a voter to and then maybe talk but three hours that's that's actually a long time it's a very good point I want to tell you I'm around that Dominique Alexander we have more
from him which I'm I am going to tell you about in a second but I do want I do want you
to know this about this guy who was hired by the Anthony family to represent them he has a history the reading here from the Daily Mail I'm sorry the Daily Caller we've also reported this independently in the past he has a history of criminal accusations and sentences he was arrested in 2019 on a felony charge a family violence after his partner accused him of trying to strangle her KXASTV reported citing court documents his partner leader signed an
affidavit just prior to a grand jury indictment saying that she wanted no further part in the prosecution on account of how the cops handled the case the charges were later dropped Dallas morning news reported the activist also was arrested in 2009 for causing serious head injuries to the two-year-old child of his then girlfriend per the Dallas observer while Alexander initially claimed the baby fell off the couch while he was babysitting and investigators said a doctor
reported the severity of the injuries did not match up with that excuse quote the injuries are acute and likely occurred around the time that his girlfriend's son started to have symptoms like being unresponsive without more adequate history of trauma complainants injuries are more consistent with abusive head trauma and child physical abuse Alexander confessed to shaking and hitting the baby with an object according to court records obtained by the Dallas morning news
he pleaded guilty in 2011 the judge sentenced him to probation he was sentenced in 2016 to five years in prison for violating probation multiple times but served only eight days due to the probation counting toward his sentence he was indicted once again on felony theft charges that were increased due to a 2013 forgery conviction citing court records he pleaded guilty in 2021 it was
“sentenced to two days in jail okay before I give you his latest sound bite honestly you tell me I”
mean what you somebody like that walks into your office and says I didn't do the shop lifting
I need you to represent me I swear this all made up and your reaction is what?
well Megan let's say it's not going to be good for business if I say I'm not necessarily
take my uh the defendant but you're not going to paint him as a choir man uh well it's questionable I'll say that is definitely questionable and uh it's a track record right but um you know he comes into the office he says that but now he's out here on the main stage putting certain information before the public and what you just read out to the listeners uh and and viewers Megan says it all right he has a history as a checkered past there he has conviction so I'm not talking
about just merely allegations with some of the the points that you just made uh and what would we do with that in the court of life yeah had a witness with that right you'd attack their credibility
“right and that's what you have to think about uh when you hear and that's what we have to do with”
him in the court of public opinions I I'd love to get in front of this guy I'm dying for one of the reporters I urge you any of the reporters are down there you get up in his face and you say why did you beat a baby why did you beat a baby why did you plead guilty why should we listen to you when you beat infants why don't we try that let's see how that goes over with Mr. Alexander here's his latest messaging take a listen and all all why jury convicted him in two to three hours
we know that they did not prove their case they are currently sentencing Carmello Anthony but we know that the next generation action network put the first $10,000 stores in a pellet attorney and we will fight Colin County like hell I respected this process I allowed and called for peace in this process but black America should be very upset about what went on today he's got a four-grade conviction made it they're true no sir yeah but they're trying to create a
powder kick down there he he's trying to create a powder kick it's not gonna work I mean I just
find it funny I'm not sure exactly what the relationship is but you know I always said in the practice
of law clients tend to reflect their lawyers and lawyers tend to reflect their clients the fact that this is the best spokesperson they can come out to protest the innocence of Carmello Anthony I mean
“that tells you everything you need to know is that nobody with a conscience and with the absence of”
a criminal record would do it themselves but first of all like Ashley said I do wish also they had had cameras in the courtroom it would have avoided a lot of this I don't chalk it up to the immobility of the judge but rather maybe I you know they want to respect the victims in the process but it would have resolved a lot of questions and a swaged a lot of concerns the three hours also like Ashley says there's no there's no OJ Simpson I didn't do it in this case what there is is
I did it I admitted I did it not alleged and the only question is whether or not I was in sincere fear of imminent bodily harm when I stabbed him in the chest and it is just so preposterous to say well I he only stabbed him once and if the argument had been from the beginning you know I just flipped out show mercy on me then you could say well you know the death penalty was done on the table here but I think morally it could have been then you could say well then we can
discuss attenuating circumstances remorse all that other stuff he compounded his murder by trying to blame it on the victim and still asserting that now further compounds his own guilt and there's just there there was no room for any doubt as to whether or not he did it and by all the counts there was no room for any doubt as to whether or not it was legitimate proportion itself defense it was murder straight up and he got what he deserved that is to say this is why some
some of these antics that were seeing outside of the courthouse and from commentators on court TV this is why this jury does need to be sequestered if it takes overnight tonight Ashley because we just got word from inside the courthouse that the judge is going to let them deliberate until six I'm actually not sure if that's central time or east coast time and then he's going to send them back it's central okay so six p.m. central time back to the hotel if they
need more time so that they don't go home and they don't turn on their TV and see this nonsense coming at them right I'd be worried that people may even go to their houses I mean it's not that hard to get this information I know they've tried to protect the jurors but I would be terrified of that you know but what we're seeing outside of the courtroom and I just you know I agree with everyone I cannot understand why they chose this guy to be the mouthpiece of
this case it just makes absolutely no sense we're not talking to they are I mean we're not talking about someone who was you know in a protest and has a disorderly conduct you know like okay whatever
“I mean we're talking about someone who has been arrested at least I think when you were naming it”
probably five times I mean I don't know how many times have you ever had the police called on you
making me none I mean most people go to their right no arrest you should tell everyone here never you
Know so most people have gone through our entire lives without having the pol...
without ever being arrested and he's had it what five six seven times and that's who they found
to be their spokesperson for you know this this entire case in this entire movement that they're
“trying to do it's just it's it's really bad judgment but I think that sort of pervades this entire”
case with the family and their judgment and you know Mr Anthony's judgment I mean all of their judgment is just it's a tragedy and it's really I think led to this outcome that could have been avoided if he had pled guilty if he had taken responsibility if he had owned up to his mistakes I think we could have seen you know something less tragic than what we see here well and not only that but Viva you just said I wanted to ask you something of follow up you said they tried to blame
Austin Metcalf for his own demise and it's true not only did they do that by saying like somehow he was the aggressor but when the defense lawyer got up there and made his closing argument he actually had the nerve to suggest that Austin Metcalf threw himself on the knife that there that there'd actually been witness testimony suggesting he may have thrown himself on the
“net which is insulting that's insulting to the jurors it's insulting to the jury it's insulting”
to the victim it victimizes the family again yeah he threw himself on the knife it's it's like the m and m lyrics yet she slipped and fell on his blank in order to explain her infidelity it is it's atrocious and again it compounds the guilt and the guilty intent that they go to such lengths to try to blame the victim calling Austin to thug and say oh he was a 220 pound he knew jujitsu and so this kid was so scared so scared that you don't just back up and go away and
if you think Austin assaulted you when he touched your shoulder go get the cops I made it the joke had caramel Anthony gone to the cops and said Austin assaulted me when he pushed me in my shoulder they would have laughed the kid out of the room and yet somehow he thinks that that assault which I don't think ever existed in the first place even if it's simple assault justifies lethal force the it's not just any may bad decisions at the time it compounding them and then suggesting
that it was Austin's fault and then racializing it right after I mean that that evidence is the nefarious intent of the kid and idea say of the family as well and I don't like to bring
the family for the acts of their kids but you know raising three quarters of a million dollars
on the basis of racism when you know damn well what your kid did and then playing along with victimizing the victim yet again it shows ill intent throughout our family yes and not only did he do that to Metcalf and his family the victim but he he smeared the kids at Memorial High School too their witnesses that that their lawyers put on tried to say that it was a mob that's surrounded Carmelo Anthony you know like we're gonna get him making them look like a bunch of thugs
who are gonna gang up on some untold numbers on one kid this one poor kid in the middle of this mob and that that was all lies the the prosecutor disprove that by playing the video thank God there was a video apparently it was grainy we haven't yet seen it they haven't released all of this but the showed that nothing of the sort happened the only time a crowd gathered was after Carmelo stabbed Austin and then yeah a crowd gathered some people ran some people ran to
Austin's you know sigh to try to help him his brother among them but this is like these were lies that they were desperate there was a defense to be made you you know as you guys appointed I he they could he could have taken the stand he could have said I I did not I was overwhelmed he was bigger than I thought he was when he laid hands on me I got scared and I realized I've gotten myself into a lot of trouble and in an instant I reacted and I greatly regret it you know
in the heat it was a heat of a passion kind of thing you're setting up the involuntary manslaughter at best or just some sort of manslaughter but he didn't do any of that they attacked the Metcalf family they attacked Austin Metcalf possibly they dismerged the high school students who were there and traumatized by what Anthony did they played the race card at every turn they
“took people's money and went and lived in a mansion the lawyer sucked that's what happened here”
and now I don't know what this jury's gonna hand down for a sentence we're gonna wrap it because we're not gonna say any effort another two hours waiting for this but here this just in from Marianne Martinez the daily mail back in court after a break lawyers and judge have been working on the charging document the jury in the trial will be using to determine his sentence and so
what would you expect that to sound like Emma like what what basically are they gonna tell the jury?
Well certainly they're gonna read the the the sentence saying the aspects of the sentence saying to
The jury and the charge is that he's convicted and what he would be pasting a...
and they're gonna render a decision on the sentencing phase here right so this is this is
uh the fact that they kept this jury is happening fast the judge wants to keep this going and I think the judge wants to keep this going because there's a real chance that there's going to be events with it between now and let's say tomorrow that could affect the judgment of these jurors so
I would expect that the the judge wants to keep this going the want the sentence to come down
rather expeditiously and for the safety of not only those jurors but everyone around that courthouse to clear that courthouse and move on yeah I think it's the right move to have them sequestered
“you know just in case we certainly hope that that's what's gonna happen that they will remain”
sequestered if they need the night to think on this to study this case but I don't know you tell
me actually what do you what what's a fair sentence for this crime I wouldn't be surprised if they make a decision tonight and you know what happens that the jury charges on these types of things are aggravating circumstances versus mitigating circumstances so what they're going to tell the jury they have to do is they have to consider the aggravation you know how awful it was um you know any prior instances where maybe he has some prior instances where he's done something wrong
“that's what you consider an aggravation and then in mitigation is you know his mom's statement”
doesn't sound like we heard a whole lot of mitigation so if there's not a lot I don't think the jury's gonna take a whole lot of time coming to their you know coming to their decision and it's it's Texas I mean they this kid went to trail he did not beg from her say he did not take the standard his own defense he did not admit to wrongdoing and say he was sorry and beg for forgiveness
“and I think because of that I think they're gonna give him every day they can yep that's what I would”
do we're gonna go out for you now and await news on the sensing which we will bring to you all tomorrow thank you all so much for coming on on such short notice and offering your expertise of pleasure to see you all we appreciate it thanks to all of you for listening and tuning in and God rest Austin Metcalf and God bless this jury as it wrestles with yet another tough decision we'll see you tomorrow thanks for listening to the Megan Kelly show no BS no agenda and no fear


