McEnany: I cannot get this out of my head

[00:08] >> Emily: A UTAH JUDGE HOLDING A

[00:11] CLOSED DOOR HEARING FOR THE

[00:12] KILLER OF CHARLIE KIRK.

[00:14] IT'S A REQUEST FOR THE DEFENSE

[00:15] TO ALLOW THE SUSPECT, TYLER

[00:17] ROBINSON, TO WEAR STREET CLOTHES

[00:19] AND BE UNSHACKLED IN COURT.

[00:20] THE MOTION REQUESTING THE COURT

[00:22] ALLOWS ROBINSON TO "APPEAR AT

[00:25] ALL PROCEEDINGS IN CIVILIAN

[00:27] ATTIRE AND TO BE WITHOUT

[00:29] PHYSICAL RESTRAINTS IN ALL

[00:30] IN-PERSON HEARINGS."

[00:31] THE MOTION POINTS TO THE

[00:33] UNIVERSITY OF IDAHO MURDER'S

[00:35] CASE WHERE BROKEN KOHBERGER WAS

[00:37] ALLOWED TO WEAR STREET CLOTHES

[00:39] IN COURT.

[00:40] ROBINSON'S DEFENSE TEAM HOPES TO

[00:42] KEEP THE MEDIA AT A DISTANCE.

[00:44] THEY SAID MR. ROBINSON AGREES

[00:46] THAT THE COURT SHOULD LIMIT

[00:47] MEDIA COVERAGE OR VIDEO AND

[00:49] PHOTOGRAPHIC COVERAGE AT THE

[00:50] LEAST SO DEFENDANT'S PHYSICAL

[00:51] APPEARANCE IS NO LONGER THE

[00:53] SUBJECT OF INTEREST.

[00:54] HE HAS SOME CHANCE OF SECURE AGO

[00:57] FAIR AND IMPARTIAL JURY.

[01:00] KAYLEIGH, I'M CURIOUS YOUR

[01:01] THOUGHTS AS A ATTORNEY AND

[01:03] MASTER OF COMMUNICATIONS THAT

[01:05] CRIMINAL DEFENDANTS APPEAR IN

[01:06] COURT ALL DAY EVERY DAY.

[01:08] WE'VE SEEN BOTH OCCUR.

[01:10] WE'VE SEEN THE MANGIONE CASE

[01:11] HERE WHERE THE DEFENSE TEAM WAS

[01:14] ACCUSED OF TAKING IT -- TAKING

[01:17] ADVANTAGE OF THE COURT'S

[01:19] LENIENCY WITH LETTING THE

[01:20] DEFENDANT WEAR A SUIT AND THE

[01:22] CONCEPT GOES, IF IT'S SO

[01:24] IMPARTIAL, SO PREJUDICIAL HERE,

[01:25] THEN IT WOULD BE FOR THE

[01:27] MILLIONS OF OTHER DEFENDANTS

[01:28] THAT DON'T GET THE LUXURY OF A

[01:29] SUIT BEING HANDED TO THEM BY

[01:32] THEIR DEFENSE TEAM.

[01:33] >> Kaleigh: YOU'RE RIGHT.

[01:33] WITH MANGIONE, THERE WAS

[01:36] CRITICISM THERE THAT HE GOT SOME

[01:39] PREFERENTIAL TREATMENT.

[01:40] SO WHY DOES MR. ROBINSON WANT

[01:41] THIS?

[01:42] WHERE DOES HE GET OFF SUGGESTING

[01:43] THAT HE DESERVES THIS OR OWED

[01:46] THIS?

[01:46] I JUST REFRESHED MY

[01:48] CONSTITUTIONAL LAW BACKGROUND

[01:50] HERE.

[01:52] THE FIFTH AMOUNT, DOUBLE JET --

[01:59] JEOPARDY.

[01:59] NOWHERE IN HERE, MR. ROBINSON,

[02:01] IS THERE A RIGHT TO WHERE STREET

[02:03] CLOTHES.

[02:03] YOU CAN REQUEST THAT.

[02:05] YOU DON'T HAVE A RIGHT TO THAT.

[02:07] WHAT I DO KNOW IS EVIDENCE

[02:08] AGAINST TYLER ROBINSON IS

[02:10] STRONG.

[02:10] THERE'S A TEXT MESSAGE WHERE HE

[02:12] RECOUNTS WHAT HE HAD DONE.

[02:14] A VERY COLD AND SADISTIC FASHION

[02:16] IN THE AFTERMATH.

[02:17] THERE'S THE FACT THAT HE JOKED

[02:19] ABOUT BEING HIS DOPPLEGANGER.

[02:26] AND THEN THE LINE THAT SAID I

[02:28] HAD ENOUGH OF CHARLIE KIRK'S

[02:31] HATRED.

[02:32] THE EVIDENCE IS STRONG.

[02:33] YOU GET THE PRESUMPTION OF

[02:35] INNOCENCE.

[02:35] THAT'S A CONSTITUTIONAL RIGHT

[02:36] BUT YOU DON'T GET IF RIGHT TO

[02:38] WEAR PLAIN CLOTHES.

[02:39] >> Emily: MY QUESTION, ROSANNA,

[02:41] AS WE COVERED KOHBERGER'S

[02:43] MOTIONS ON BEHALF OF HIM THAT

[02:45] ARE TRYING TO PREVENT HIM FROM

[02:47] PAYING RESTITUTION TO THE

[02:48] VICTIM'S FAMILIES.

[02:49] WE TALKED ABOUT HOW THERE'S

[02:50] CERTAIN THINGS THAT YOU HAVE TO

[02:52] DO TO ENSURE THAT YOUR GIVING

[02:54] YOUR CLIENT THE BEST

[02:55] REPRESENTATION POSSIBLE.

[02:56] AND THEN THERE'S STUFF THAT YOU

[03:00]

[03:00] KNOW WHAT?

[03:02] YOU DON'T NEED TO GO THERE.

[03:03] THE MAJORITY OF AMERICANS SAY

[03:06] YOU DON'T NEED TO GO THERE.

[03:07] >> Rosanna: IT'S NOT ABOUT THE

[03:09] CLOTHING.

[03:09] IT'S ABOUT CONTROLLING THE

[03:10] OPTICS OF THE CASE.

[03:11] LET'S FACE IT.

[03:12] EVERYTHING GETS TAKEN OUT OF

[03:14] CONTEXT.

[03:14] SO THEY WANT TO MAKE SURE THAT

[03:16] THEY CONTROL THE OPTICS.

[03:19] I'M NOT A LAWYER.

[03:20] I SLEEP WITH A LAWYER.

[03:22] MY HUSBAND IS A LAWYER.

[03:24] >> Emily: AND EXCELLENT ONE.

[03:25] >> Rosanna: RIGHT.

[03:27] I'M SURROUNDED BY LAWYERS.

[03:28] BUT I DO KNOW THAT IT'S ALL

[03:30] ABOUT OPTICS IN COURT, RIGHT?

[03:32] THE JURY IS SWAYED BY OPTICS.

[03:35] THE FACT THAT THEY ALSO WANT TO

[03:37] LIMIT MEDIA ACCESS TO

[03:40] MR. ROBINSON'S CASE, YOU KNOW,

[03:42] IT HAS TO DO WITH HIS CONNECTION

[03:44] WITH FOX NEWS.

[03:45] HE WAS BELOVED HERE.

[03:47] HE WAS PART OF THE FABRIC OF FOX

[03:49] NEWS.

[03:49] I THINK THEY KNOW THE FOX NEWS

[03:51] IS VERY POPULAR OUT THERE.

[03:53] THEY WANT TO CONTROL THAT, TOO.

[03:55] >> Emily: THAT'S SOMETHING THAT

[03:56] I WANTED TO BRING UP WITH YOU,

[03:58] CHERYL.

[03:59] WITH THE JUDGE COMMITTED TO

[04:05] TRANSPARENCY, THERE'S BEEN

[04:07] REPLIES TO THE MOTION THAT HAVE

[04:08] BEEN WITHHELD FOR SECURITY

[04:10] COMMISSION.

[04:10] THE REALITY IS THE PUBLIC IS NOT

[04:12] GETTING THE FULL RECORD, ALL

[04:13] THOSE MANY OF AMERICANS SAW THE

[04:15] HORRIFIC RECORD OF THE

[04:19] ASSASSINATION ON SOCIAL MEDIA.

[04:20] >> Cheryl: AND THERE'S SO MUCH

[04:21] EVIDENCE IN THIS CASE THAT WILL

[04:22] COME TO LIGHT IF THERE IS A

[04:25] TRIAL.

[04:25] BUT IF THERE IS A TRIAL, IT SEEM

[04:28] THAT THESE NEWS ATTORNEYS WHO

[04:29] OBVIOUSLY ARE VOLUNTEERING THEIR

[04:31] TIME, CAME IN FROM CALIFORNIA, I

[04:33] BELIEVE, EMILY, THESE TWO

[04:35] ATTORNEYS, THEY'RE LOOKING FOR

[04:37] THEIR MOMENT TO CASH IN ON FAME

[04:39] AND FORTUNE BY REPRESENTING THIS

[04:40] DEFENDANT.

[04:41] THEY KNOW IT'S A HIGH PROFILE

[04:43] CASE IF IT GOES TO COURT.

[04:45] AS I SAID BEFORE ON THE COUCH, I

[04:46] HOPE IT DOESN'T.

[04:48] THE PAIN THAT IT WILL CAUSE THE

[04:50] FAMILY.

[04:51] AT THE SAME TIME, THEY'RE

[04:54] LOOKING FOR THAT SOCIAL MEDIA

[04:58] STAR.

[05:00] MANGIONE, $800,000 WAS FUN

[05:02] RAISED FOR HIM.

[05:03] HE KILLED A FATHER OF TWO ON THE

[05:05] STREETS OF NEW YORK IN COLD

[05:06] BLOOD.

[05:07] $800,000 DONATED TO HIM.

[05:09] THAT'S THE KIND OF SICK WORLD

[05:12] THAT WE'RE IN.

[05:13] THESE ATTORNEYS KNOW THAT.

[05:14] THAT'S WHY THEY WANT HIM IN

[05:15] PLAIN CLOTHES.

[05:16] THAT'S WHY THEY WANT TO MAKE

[05:17] SURE THEY'RE CONTROLLING THE

[05:19] MESSAGE.

[05:20] IT'S ALL ABOUT CLICK BAIT.

[05:21] IT'S ALL ABOUT TIK TOK

[05:24] UNFORTUNATELY.

[05:24] >> Emily: I DON'T WANT TO MAKE A

[05:26] MOCKERY OF THIS, WHAT WERE HIS

[05:29] STREET CLOTHES?

[05:30] FURRIES.

[05:31] IS HE GOING TO SHOW UP IN A CAT

[05:33] COSTUME?

[05:34] DOCTOR, WHEN YOU GO INTO A TRIAL

[05:36] WHERE ALL EVIDENCE POINTS TO

[05:38] THIS PERSON BEING -- LET'S NOT

[05:40] MESS AROUND HERE.

[05:41] IT'S HIM, RIGHT?

[05:43] THE QUESTION IS, SHOULD THE

[05:44] ATTORNEYS DO EVERYTHING WITHIN

[05:45] THEIR POWER TO ENSURE ON THE

[05:48] APPEAL ALL THE Ts ARE CROSSED

[05:50] AND THE Is ARE DOTTED.

[05:52] IN A WAY IT'S EASIER TO FOCUS ON

[05:55] THESE LOGISTICAL DETAILS BECAUSE

[05:58] THE ACTUAL CULPABILITY IS SO

[05:59] OBVIOUS.

[06:00] >> Dr. Siegel: THAT'S A GREAT

[06:01] POINT MADE BY A GREAT ATTORNEY.

[06:03] TWO ATTORNEYS ON THE COUCH.

[06:05] MY PILLOW TALK IS MEDICAL.

[06:06] LET ME TELL YOU WHERE I COME OUT

[06:08] AT.

[06:09] I AGREE WITH THAT POINT.

[06:10] I THOUGHT A LOT ABOUT THIS.

[06:11] THERE'S HISTORICAL PRECEDENCE

[06:13] FOR THIS.

[06:14] A LOT OF TIMES JUDGES WILL SAY

[06:15] PLAIN CLOTHES BECAUSE THEY WANT

[06:17] TO ENSURE PRESUMED INNOCENCE ON

[06:19] THE PART OF THE JURY.

[06:20] THERE'S PRECEDENCE TO THIS.

[06:22] KAYLEIGH'S POINTS ARE STRONG

[06:24] ABOUT WHO THIS GUY IS.

[06:26] ROSANNA'S POINT ABOUT OPTICS IS

[06:28] REALLY STRONG.

[06:29] HE'S ALREADY BEEN TRIED IN THE

[06:30] PUBLIC EYE AND THE MEDIA.

[06:33] I THINK THAT IT WOULD BE BEST

[06:34] SERVED IF HE COMES IN SHACKLES.

[06:37] THAT REMINDS THE JURY WHO HE IS.

[06:40] I'M ON THE SIDE OF THE ORIGINAL

[06:42] ARGUMENT HERE.

[06:42] BUT I ALSO SEE THE OTHER SIDE,

[06:44] WHICH IS AGAIN, WE HAVE TO HAVE

[06:46] A JURY THAT WILL PRESUME HIM TO

[06:48] BE INNOCENT.

[06:48] I DON'T WANT HIM PARADED AROUND

[06:51] AS SOMETHING OFF OF TIK TOK AND

[06:53] PEOPLE DISSOCIATE AND FORGET WHO

[06:55] HE IS.

[06:55] >> Emily: STATISTICALLY, LIKE

[06:56] FOR EXAMPLE, BRIAN THOMPSON'S

[06:58] KILLER HERE, IT'S ALWAYS THE

[07:00] ONES THAT HAVE THE MONEY AND THE

[07:01] HIGH PROFILE ATTORNEYS THAT DO

[07:03] IT PRO BONO BECAUSE THEY LOVE

[07:04] THE LIMELIGHT.

[07:05] THEY GET THE MOTIONS AND GET TO

[07:07] APPEAR IN NICE SUITS AND THE

[07:10] REALITY, THE DEFENDANTS AR