RUSH TRANSCRIPT And the ░░░░░░░░ brag The same idea ░░░░░░░░ made a book made ░░░░░░░░ a crime against Donald ░░░░░░░░ has indicted dumb this ░░░░░░░░ and he s gonna ░░░░░░░░ to trial So burden ░░░░░░░░ proof is obviously on ░░░░░░░░ government to prove beyond ░░░░░░░░ doubt that he had ░░░░░░░░ requisite mental elements The ░░░░░░░░ metal elements in the ░░░░░░░░ are generally recklessness or ░░░░░░░░ high degree of negligence ░░░░░░░░ he knew or should ░░░░░░░░ known that death or ░░░░░░░░ injury was likely result ░░░░░░░░ penny categorically denies that ░░░░░░░░ intended to kill and ░░░░░░░░ think the jury will ░░░░░░░░ That of is no ░░░░░░░░ at all to support ░░░░░░░░ view that he intended ░░░░░░░░ kill He has no ░░░░░░░░ and his background No ░░░░░░░░ At his background actors ░░░░░░░░ is Christine and and ░░░░░░░░ almost p perfect and ░░░░░░░░ the the issue is ░░░░░░░░ gonna be Did he ░░░░░░░░ to kill The issue ░░░░░░░░ more likely to be ░░░░░░░░ react so recklessly ah ░░░░░░░░ he should have known ░░░░░░░░ the death or serious ░░░░░░░░ harm is a likely ░░░░░░░░ The other issue of ░░░░░░░░ is gonna be Did ░░░░░░░░ have the right to ░░░░░░░░ at all if the ░░░░░░░░ was just screaming yelling ░░░░░░░░ disturbing people Well you ░░░░░░░░ do you have a ░░░░░░░░ to grab somebody in ░░░░░░░░ attack them if they ░░░░░░░░ just yelling and screaming ░░░░░░░░ was throwing garbage but ░░░░░░░░ that might not be ░░░░░░░░ Know he s gonna ░░░░░░░░ in defense that to ░░░░░░░░ and others around him ░░░░░░░░ worried that this guy ░░░░░░░░ turn extremely mild and ░░░░░░░░ they knew certain things ░░░░░░░░ they didn t know ░░░░░░░░ the time that would ░░░░░░░░ obviously made them even ░░░░░░░░ words guys been arrested ░░░░░░░░ forty times Ah Jordan ░░░░░░░░ including most recently for ░░░░░░░░ a sixty seven year ░░░░░░░░ woman in a subway ░░░░░░░░ at the subway stop ░░░░░░░░ they knew that if ░░░░░░░░ knew that that this ░░░░░░░░ a guy who s ░░░░░░░░ to violence and has ░░░░░░░░ engaged in violent conduct ░░░░░░░░ the past Obviously his ░░░░░░░░ of trying to prevent ░░░░░░░░ from engaging in such ░░░░░░░░ would be justified Here ░░░░░░░░ the problem there s ░░░░░░░░ ever since that the ░░░░░░░░ new of his prior ░░░░░░░░ if he did obviously ░░░░░░░░ would be different but ░░░░░░░░ case will probably go ░░░░░░░░ court on the assumption ░░░░░░░░ he didn t know ░░░░░░░░ know the media knows ░░░░░░░░ judge now knows but ░░░░░░░░ jury won t know ░░░░░░░░ so the jury will ░░░░░░░░ he penny as a ░░░░░░░░ marine probably in good ░░░░░░░░ 20 four years old ░░░░░░░░ they ll see of ░░░░░░░░ nearly 30 years old ░░░░░░░░ in less good shape ░░░░░░░░ still you know a ░░░░░░░░ person who could easily ░░░░░░░░ in violence and of ░░░░░░░░ t the past and ░░░░░░░░ boss with the jury ░░░░░░░░ t know about that ░░░░░░░░ so the issue is ░░░░░░░░ will the jury know ░░░░░░░░ about him The jury ░░░░░░░░ know that he yelled ░░░░░░░░ screamed ritter go And ░░░░░░░░ he threw garbage Fact ░░░░░░░░ there s some cases ░░░░░░░░ example the famous bernard ░░░░░░░░ case where the judge ░░░░░░░░ allow and some evidence ░░░░░░░░ the propensity of the ░░░░░░░░ who were ultimately shot ░░░░░░░░ killed to violence on ░░░░░░░░ kind of cockamamie theory ░░░░░░░░ at least the theory ░░░░░░░░ was much criticized by ░░░░░░░░ and by others saying ░░░░░░░░ maybe gets saw in ░░░░░░░░ eyes a kind of ░░░░░░░░ confidence that grew out ░░░░░░░░ the fact that he ░░░░░░░░ violent at stuff watch ░░░░░░░░ s a stretch I ░░░░░░░░ the case will go ░░░░░░░░ the jury without the ░░░░░░░░ Knowing about this guy ░░░░░░░░ history of violence the ░░░░░░░░ will know about the ░░░░░░░░ of Daniel pennies history ░░░░░░░░ nonviolence cassettes admissible A ░░░░░░░░ can put on evidence ░░░░░░░░ his good care girl ░░░░░░░░ his a non racism ░░░░░░░░ so If he testifies ░░░░░░░░ don t know what ░░░░░░░░ ll testify is lawyer ░░░░░░░░ did make a good ░░░░░░░░ but you know obviously ░░░░░░░░ lawyer makes the decision ░░░░░░░░ to put his client ░░░░░░░░ the witness stand until ░░░░░░░░ hears the prosecution s ░░░░░░░░ My suspicion is that ░░░░░░░░ will take the witness ░░░░░░░░ of guy that we ░░░░░░░░ t know about I ░░░░░░░░ that s not the ░░░░░░░░ It was an article ░░░░░░░░ I read recently ah ░░░░░░░░ went back to his ░░░░░░░░ town pennies hometown and ░░░░░░░░ tried to find anything ░░░░░░░░ about him They couldn ░░░░░░░░ they found out that ░░░░░░░░ was wonderful citizen that ░░░░░░░░ was a good marine ░░░░░░░░ he had no bad ░░░░░░░░ In his background that ░░░░░░░░ was no element of ░░░░░░░░ that the this was ░░░░░░░░ because the guy was ░░░░░░░░ was because the guy ░░░░░░░░ mentally ill and and ░░░░░░░░ out of control And ░░░░░░░░ you know the jury ░░░░░░░░ gonna have to weigh ░░░░░░░░ or not on balance ░░░░░░░░ This guy acted reasonably ░░░░░░░░ are two things did ░░░░░░░░ act reasonably initially and ░░░░░░░░ him and I think ░░░░░░░░ jury will probably come ░░░░░░░░ the conclusion Yes he ░░░░░░░░ being in a subway ░░░░░░░░ people screaming yelling throw ░░░░░░░░ maybe enough to warrant ░░░░░░░░ person grabbing somebody and ░░░░░░░░ them until the police ░░░░░░░░ to make sure he ░░░░░░░░ t get up a ░░░░░░░░ physically violent But then ░░░░░░░░ next question will be ░░░░░░░░ time during the six ░░░░░░░░ of Did there come ░░░░░░░░ time when he didn ░░░░░░░░ continue to pose a ░░░░░░░░ and when it wasn ░░░░░░░░ justified for penny to ░░░░░░░░ to hold him in ░░░░░░░░ was a dangerous.