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tv   Jansing and Co.  MSNBC  July 26, 2013 7:00am-8:01am PDT

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the deal is likely life without parole. we are waiting for the judge and castro to enter into that courtroom what is called a pretrial conference on this. i want to bring in lisa bloom. >> i think from the prosecution's point of view it's to video the women going through a public and excruciating trial. this allows the legal chapter for them to close and likely to go forward. >> how likely would a murder charge been and how they would have want it? >> the murder charge is fetal homicide meaning he assaulted one of them when she was pregnant and causing the death of the fetus. that is murder in the state of ohio and many other places. as to whether that would result in the death penalty that would frankly be usually but on these facts with this man what he did and how revolting it is to everyone frankly it wouldn't surprise me if he got the death
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penalty. >> how likely is it to likely hear from him, ariel castro? >> we will hear from him. this is a plea deal and the judge will usually have him stand and raise his right hand and answer questions that he is entering into this freely and voluntarily that he had legal advice that he had time to consult with his attorney to make sure later on he doesn't claim anyone what i was doing and my attorneys made me do it. >> one part of this is the victims themselves. brought that up. they would be able to avoid hit the stand and give testimony. how much are they part of this deal that we may hear about shortly? >> it's a great question. the prosecution represents the state. does not represent the victims technically but they work very close with the victims. in this case you can't have more sympathetic victims than three girls who were kidnapped, two of them when they were under age and held ten years and beaten and raped and tortured. i'm sure their wishes are factoring very strongly into the prosecution's decision.
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>> to play a little bit of that youtube video as we wait for the courtroom. >> i may have been through hell and back, but i am strong enough to walk through hell with a smile on my face and with my head held high, and my feet firmly on the ground. >> when you look at the case and the plea deal. we have to listen back to that still tough to listen to even though it's really some time ago, is this about them wanting to move on quickly? once they get past this plea deal they can move on faster themselves? >> it's tough but very moving and beautiful to me. i tell them living a good life is your best revenge. being able to put this behind you. you don't forget it but led it recede into the rearview mirror. these three women who went through ten years of this so quickly months later are already able to have that perspective.
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i mean, it's just extraordinary to me. >> they wanted to say their piece. >> and they are positive and looking forward. >> so resilient. we will stand by and wait for that cleveland, ohio courtroom there. pretrial conference for ariel castro and the plea deal we expect to be coming out very shortly. lisa, stand by that forthat. we will jump back in when that does happen. trayvon martin's mother is devastated after hearing from another juror in the george zimmerman trial. the juror named matie spoke to nbc news. >> george zimmerman got away with murder but you can't get away from god. and at the end of the day, he is going to have a lot of questions and answers he has to deal with. the law couldn't prove it. we just have to ble in the lord that if he has to pay, he will pay. >> sybrina fulton relieved this statement saying it is devastating for my family to
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hear the comments from juror b-29, comments which we all knew in our hearts to be true that george zimmerman literally got away with murder. this challenges our nation once again to do everything we can to make sure that this never happens to another child, end quote. zimmerman was found not guilty of second-degree murder. this juror saying she stands by that decision. i want to bring back legal analyst lisa bloom who is still bus and ma lica henderson. she keeps going back to the law and specific about that. i want to play another clip and get your response. >> for myself, he's guilty, because the evidence shows he's guilty. >> he is guilty of? >> killing trayvon martin. but we couldn't prove that intentionally he killed him and that is the way the law was read to me. i know i went the right way
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because by the law and the way it was followed is the way i went, but if i would of used my heart, i probably would have went -- >> you can see the conflict in which she was saying in that interview. from a legal perspective was this more of the law or the prosecution not doing their job? >> well, i initially felt that this was probably going to be a defense case because the prosecution just didn't have the evidence. but anybody who watched this network during the trial knows that as time went on, i began to see evidence that the prosecution, they simply weren't arguing and by closing argument they failed to put it together. it's entirely predictable this jury would take the jury instructions the law and try to apply the facts and if they don't fit they have to acquit and what jurors do in every case. >> were you surprised by what she was saying? >> no. this is exactly what i was saying frankly before the verdict this is how it was going to turn out when both sides are arguing reasonable doubt only
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one possible outcome and that was acquittal. she couldn't put it together. that is the prosecution' job. give them the theory of the case. that didn't happen. they failed to do that and so this was the predictable outcome and i'm so moved by her -- her tension, her conflict that she somehow knows this wasn't the right outcome but it's the one she had to come to. >> based on the instructions that were given to her. juror b-29 a 36-year-old mother of eight and puerto rican decent. says race did not come up. does that put more on the changing of stand your ground laws? >> that's what you hear people talking about now. the stand your ground laws. some version of these laws exist in 30 states across the country. but it isn't clear that a state representative, state legislators, governors in any of these states are ready to repeal these laws and you feel like this is a case that has
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certainly put the focus on stand your ground laws even though in this case it really wasn't a part of what either side argued. but it has certainly highlighted this. and i think you have a very ideological and political divide here. conservatives saying this was correct and stand your ground law sort of did come into play and are just. then folks on the other side saying that these need to be repealed because they put folks in danger, including attorney general eric holder. he has come out pretty strongly against these laws. >> speaking to that and lynn, i'll go to you on this. the justice department still considering at this moment civil rights charges, but eric holder coming out at the national urban league convention yesterday about something else, voting rights as was just intimated by nia. he says he is going after texas. asking a judge there to subject the state to preclearance like the one struck down by the supreme court that we have been talking about. what do you think? is this a sign the administration is not going to
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give up on the voting rights act? >> absolutely. and it's a sign that they aren't messing with texas, where they have -- to lose politically because the governor rick perry there is a faux of president obama. what they are doing, the supreme court closed one door for dealing with civil rights cases when it comes to voting. but another door was left open, another section of the act and it's a little tougher to invoke but that is what eric holder is doing, so it shows very much that the administration is not giving up. president obama himself, by the way, going back a moment to trayvon martin, he also says that there should be a review of stand your ground laws. so there is an activist administration going on in these two arenas even where there is law, they are trying to change things. >> texas also there as we talk about voting rights, according to the data, becoming majority/minority.
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that would be more germane when we talk about voting rights. nea, north carolina plans to move forward with a new photo i.d. law and pending before the supreme court decision and eric holder telling our own craig melvin here he is watching north carolina closely at the moment. how do you see this moving forward? >> we could see another situation where they have moved against texas. i think we have a very activist attorney general in eric holder. there was a time there when people thought he was on his way out the door. it doesn't seem like that at all. he is trying to bring a full force of the justice department around these laws and around what he sees as making sure that people get equal protection under the law as far as voting rights. the voting rights have such a land mark bill in terms of giving african-americans and latinoss the ballot there. he is looking at north carolina, mississippi, south carolina all
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of these states after that decision came down from supreme court moving very much quickly ahead to institute some of these laws that would limit people's access of the ballot. >> and staying on texas. lynn, you can comment on that if you'd like. governor rick perry telling the white house to back off in line with what you were discussing earlier. perry saying, once again, the obama administration is demonstrating utter -- other lawmakers suggesting texas is selectively targeted. what do you see happening long term here, lynn? >> long term, i think the administration is just being consistent. i don't care what you call it. they are saying if they see an opening to go through and enforce civil rights law, they will. remember, the supreme court didn't toss the whole law out, just a portion of it. when states do things that are accessible in the eyes of the obama administration, they will do it. going back to voting rights. some states will not even
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accept, for example, i.d. cards issued by public universities and colleges. now what is that all about? when other public entities' i.d.s are recognized. when you're getting to that micromanaging what is an official government i.d. and that and going toward a specific group, after all who goes to colleges and universities? there does give pause and cause for the administration to take some action. >> lynn sweet and nia henderson and lisa bloom, thank you for a great discussion. lisa will stay with us as we continue to await aerial castro's appearance in court. we are waiting for the door to open and expect to see aerial castro and the judge and expect a man taking a plea deal for holding three women in cleveland for a decade. in spain investigators looking at the black boxes of that high speed train that derailed and crashed. at least 78 people were killed and police plan on questioning the train's driver believed to be this 52-year-old led away
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from the scene. francisco gar, this hon is under investigation for driving too fast. six americans on board and one survivor. robert freezea from houston says his wife mirta badly hurt and in in a local hospital. >> all she wanted for me was to hug her and all i could do and pleading out for help to see if they could take her in here. i knew the sooner, the better. >> anna maria was killed in that accident and her husband and daughter among five injured americans. a moment of silence was held to remember cordova and the other victims of this horrific crash. . because all these whole grains aren't healthy unless you actually eat them ♪ multigrain cheerios. also available in delicious peanut butter. healthy never tasted so sweet. tens of thousands of dollars in hidden fees on their 401(k)s?!
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new revelations of sexting
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has cost anthony weiner his lead in the race for new york city mayor. brand-new wnbc/"wall street journal," maris poll showing weiner to second place and quinn a nine-point lead and switch there. yesterday's weiner's attempt at damage control continued as he tried to answer more questions from reporters about how many women he sent sexual explicit messages to. >> it's not dozens like i told "the post." and they made a big headline out of it. it's not dozens to dozens. it's six to ten but i can't tell you absolutely what someone else is going to consider inappropriate or not. >> were they sexual? how many conversations did you have with women after you resigned that were sexual in nature? >> i don't believe i had any more than three. >> also thursday a woman named sidney ledgers came forward and said she had an online x-rated relationship with him and spoke "inside edition." >> he was making these campaign
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promises that he was totally changed and he was a better man now and he learned from his mistakes and i am proof that that is not true. >> do you think that he was trying to pull one over on the voters of new york? >> oh, absolutely. otherwise, he wouldn't have went on the whole i'm a changed man, i have learned my lesson. he wouldn't have said all of those things if he wasn't trying to be someone he wasn't. >> lit me bring in city hall bureau chief for new york daily news, jennifer. piling on the story against weiner there, when you look at at the moment, there is also the question of her credibility and your team spoke with an ex-friend of hers. >> yes. actually, we spoke to a few friends of hers. and, yeah, they said, you know, this is a young woman who always wanted to be famous. she was interested in celebrity culture and she reached out to anthony weiner. she told her friends that she was talking to him and, you know, she was telling people. >> credible? >> i mean, it's hard to say.
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i mean, she has messages from him so, i mean, clearly -- and she has pictures so clearly she was talking to him. some of her friends, you know, were, you know, skeptical she -- you know, an active part of this and not a victim. >> do we know if she is receiving any compensation? >> she has been on tv. she has an agent now. so i don't know if she has but she has the same agent actually as -- at one point represented octomom and the tan mother from new jersey. >> that's a group. >> that's a group. >> yes. she could be being compensated. >> we are getting responses from elected officials nancy pelosi and dianne feinstein and barbara boxer. i want to play a little what pelosi said yesterday. >> let me be very clear. the conduct of some these people that we are talking about here is reprehensible. it's so disrespectful of women and what is really stunning
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about it is they don't even realize it. they don't even have a clue and it is really -- if they are clueless, get a clue and if they need therapy, do it in private. >> do it in private. a lot of messages coming there from nancy pelosi. how is that playing out with women voters, overall, based on what pelosi is saying? >> you know, the thing that happened with anthony weiner, it's politics 101 you take out your own trash. he could have -- there was a lot of reservoir of goodwill. he came out with his wife and said these problems are behind me. he neglected to say i kept doing this after i left congress. so he could have put that out in the beginning, spent the beginning of his campaign, sort moving past it. instead now we have six weeks for the primary and he has to start over again. he has a totally new scandal that has just engulfed his campaign as new york city voters are getting ready to go to the primary. >> what needs to happen for him to throw in the towel here and
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stop doing this? it's not a congress member, it seems. >> it's really unclear. we are totally in chatter territory. we don't know voters tolerance for full frontal nudity shots. i certainly can't think of a time when this has been an issue. so, i mean, it's really unclear, you know, what is going to happen. candidate known as zombie candidates and can take anything but nothing like this has happened so i don't know. >> it was a very uncomfortable yesterday and who knows what is going to happen today's we watch that story. jennifer, thank you for your perspectives today. things aren't too many better for the mayor of san diego. filner has been accused of -- one says she was in filner's congressional office when he made an advance. >> all of the guys left and i was the last one in the room and bob stepped between me and the doorway and he stopped me and he got very close to me.
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and he ran his finger up my cheek like this and he whispered to me, o"do you have a man in your life?" i jumped back. i was very startled and i said, "yes, i have a man in my life." >> filner is still resisting to resign. 's union handle more than 165 billion letters and packages a year. that's about 34 million pounds of mail every day. ever wonder what this costs you as a taxpayer? millions? tens of millions? hundreds of millions? not a single cent. the united states postal service doesn't run on your tax dollars. it's funded solely by stamps and postage. brought to you by the men and women of the american postal worker's union.
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to do is sort of like give this narrative of us being criminals and being bad people when we are not, we are good student, my parents are good people. i think he is really afraid of this country changing but needs to get over that fear and he needs to understand his own responsibility as an elected official. and how he needs to be inclusive of everyone and that is hateful and racist. >> new jersey governor chris christie take ago shot at the republican party calling their views on national security very dangerous and referring back to 911. he told a panel, quote, these debates, i want them to come to new jersey and sit across from the window and the orphans and have that conversation and they won't because that is a much tougher conversation to have, end quote. on a lighter note. jane fonda will play nancy reagan in the upcoming movie "the butler." >> people say my god, jane fonda
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a multifront civil war has erupted within the republican party. staunch conservatives going after republican guru karl rove labeling him real and present danger to their movement because of his moves to weed out mour extremist elements of republican party and some are backing over from cruz and paul. those three wanting to threaten a government shutdown as a way to defund obama care. >> i think it's the dumbest idea i've ever heard of. listen, as long as barack obama is president, the horrible care act is going to be law. i think some of these guys need to understand you shut down the federal government you better have a specific reason to do it that is a achievable. >> let's bring in brent littlefield and angela wry.
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thanks to both for being here on a friday. brent, mother jones obtain ago copy of a memo from ground swell and i'll read a part of it here for you. very ironic this is being said. what do you think about this? because the question is whether this sort of messaging has any resonance when you talk about the swing residents. >> there have always been concerns in each political party with fighting amongst themselves. we see it all the time. they are fighting with the members of congress and go back and forth and getting upset the white house doesn't go far enough in the liberal agenda even though the president is pursuing a very liberal agenda.
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this is pretty common within the political parties. i don't really make much of that. although i think there have been concerns raised about whether or not karl rove is putting time, energy, into efforts that are really focused on fighting amongst republicans rather than focus -- >> what does karl rove represent now? the clear and present danger or in the middle? >> i think we are looking to pull the same rope and make sure we bring this country back especially when you look at the economy and how bad the economy has been under this president. the economy is not recovering the way it should be and i think we are pulling on the same rope. >> i was asking what does karl rove represent? >> i think focused too much on one person. this is a big party and lots of people in this party. >> do you like him? >> i think he has done well in the past and we will have to see what he does in the future but i think that we are focused on karl rove are focused on what we can do to move the country
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forward. >> how should -- i've shared what is inground as well. angela, can you hear me? >> yes. i don't think that they need to respond at all, richard. i'm sorry. i thought you were playing something. but, no, i don't think they should respond at all. in a lot of ways, this is ini infighting and if you saw a friend of yours fighting with somebody you let them work that out. i don't think there is anything at all the democrats should be responding to here. >> brent, have you a fight whether shutdown is worth it to stop obama care. that seems to be the big theme right now when you look at the newspapers coming out of washington, d.c. marco rubio signed a petition to stop funding of it in the next budget. he relieved this video this morning. let's listen to that real fast. >> obama care is a disastrous law and threatens the future of small business owners and workers all across the nation. defunding obama care is a critical first step and this
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september we need the american people to stand with us and demanding that not another cent be wasted on implementing obama care. >> a recent poll i want to show you. he took a little bit of a hit at least in the last round. is this because of his support for the immigration reform bill that came out of the senate and is he trying to shift gears you think to burnish his presidential credentials? >> he is a conservative and we have a long way to go before the next primary season and see how it shapes up then. he has serious concern here. the president is delaying full implementation because he can't get his ducks in a row. i think the american people are scared of this law and i think work needs to be done to change the direction we are going in. >> yet also many americans want to see this law going forward because of the coverage it gives to 17 million americans. thank you so much. appreciate your time, both. we go straight to the courtroom in cleveland, ohio. all right. lisa bloom is still with us. we now see at this moment ariel
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castro sitting down. okay. it looks like -- we are just getting aerial castro walking into the courtroom. we also have the judge, i understand, that came into this. again, what we are looking at are live pictures of a pretrial conference and what we expect is to see a plea deal being offered for this. let's take a listen. >> 5754095754231. one of the first things this morning there was a motion filed by the state to amend the indictment pursuant to criminal role 7d. anybody wish to address that? >> no, your honor. speaks for itself. [ inaudible ]. >> in particular, the motion seeks intervention of the court by the deletion of the following
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language from comp. 977 as well as to furthermore clause of that count and that would pertain to sers pension account belonging to aerial castro and 1993 mazda automobile, 1999 jeep automobile, and 1989 toyota automobile, 1982 kawasaki motorcycle and another motorcycle and yam ma motorcycle and another motorcycle. also forfeit tour language relating to those items would be deleted as well pursuant to the state's motion. on behalf of the defense, any objection? >> no, your honor, no objection. [ inaudible ]. >> that motion to aemmend for count 977 is granted.
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mr. castro, you have received your glasses now. is it better? >> yes, it is. >> thank you. all right. i want to talk with the parties about the discovery process. on behalf of the defense in case 574231 demand for discovery was made and posted on june 14th of this year. since that time, discovery has been ongoing and now there's a second days case but the state has provided discovery equally for both cases under the one case number. is that correct? >> yes, your honor. >> yes, your honor. >> all right. so under -- >> i will provide our service copy. >> under criminal rule 16b, there has been a written demand so the prosecutor was obligated
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to provide copies of photographers or prevent counsel for the defense to copy or photograph items that were material to the defense that are related to the case or are intended to be used by the prosecutor as evidence at trial, or it belonged to the defendant or his statements. mr. thomas, has the state been engaged and done that? >> yes, your honor. continuously and throughout this period of pretrial phase of this case, the defense counsel have been given cvrs or dvds or access but they have had complete access of their desire 247 of the fbi cleveland office. >> is that correct? >> judge, we had amble discovery to the potential defense on behalf of mr. castro and there
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are no -- issues presently that are in dispute. >> thank you. >> and there have been some items consistent with criminal rule 16c that were designated for counsel, only materials have those been supplied? >> yes, your honor. >> and you've had a chance to receive those and review them on behalf of your client? and to share the contents, if not the exact items, though, correct? all right. >> judge, one additional point. when we were last year, there was specific statements made about ohio reports. those were turned over on the 24th and were acknowledged by signature of the defense. one report dated july 9 of 20 paces pages and one july 23rd of 35 pages. >> consistent with criminal rule
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16e, there is a right of inspection in case of sexual assault. has that been complied with on behalf of the defendants? >> no objection, your honor. >> in similar fashion, there is a reciprocal duty of disclosure by the defense. you've been talking with the prosecutors. have you made disclosure of any items that you may have wish to introduced at trial? >> we have. >> is that correct? >> they have, your honor. thank you. >> and does the parties exchange of the witness list as if this matter were going to trial? that type of information? >> we are well aware of the witnesses, your honor. >> it's my understanding that there has been a plea agreement reached by the parties. i just want to make sure, mr. castro, you understand by virtue of any plea that would go forward and be accepted by this
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court, each side is giving up the right to obtain certain information in consideration of reaching a plea agreement? are you aware of that? >> yes, your honor. >> all right. there may be other things that the state could have pursued, but i believe that they have, in consideration of the agreement, seized some of those opportunities and your counsel has been aggressively and actively preparing for trial, but in light of the negotiation process, they have ceased doing some of those things because they feel that an agreement is what you wanted to do. are you aware of all of that? >> yes i am, your honor. >> thank you. mr. castro, have you had a chance now to read and review the newer indictment which is 977 counts in case 575409?
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>> yes, i have. >> and have you had a chance to discuss that indictment with your counsel? >> many times. >> you understand that there are numerous charges, some of them have the same type of claim or allegation, but they span different time periods and different instances that are alleged. are you aware of that? >> yes, i am aware of that. >> thank you. mr. castro, you're here because i've been presented with what is marked as state's exhibit 1, which purports to be a written plea agreement and recommended sentence to this court. have you been in receipt of this document? >> i have, your honor. >> and have you had a chance to read this document?
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>> yes. >> you've read it? >> i have. [ inaudible ]. >> all right. you've had a chance to talk with your attorneys about it and ask them any questions? >> this morning. >> they met with you in the holding cell here, correct, this morning? >> that is correct. >> and this is signed by a number of people. you both have signed this original marked state's exhibit 1 in blue ink, is that correct? >> we have, your honor. >> mr. mckinney, mr. thomas, mrs. rale, you have signed it on behalf of the state, is that correct? >> that's correct. >> final, mr. castro, most importantly, there is a signature here on the signature line. is that your signature as aerial castro consistent to this plea agreement? >> upper right hand corner, yes. >> on page 18? >> that's correct. >> all right.
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so this is your signature? >> that's correct. >> mr. castro, my understanding from meeting with your counsel and counsel for the state, is that a plea agreement has been reached in this matter. are you fully aware of the terms and do you consent to that plea agreement? >> i am fully aware and i do consent to it. >> do you understand by virtue of the plea, you will not be having trial? >> i am aware of that, right. >> i'm going to ask mr. mckinney or someone else from the prosecutor's office to generally outline the plea agreement and talk with your attorneys and ask them some further questions and then i'll speak with you again. if you have questions for me at any time, please ask them. if you need to take a break at a time, again, please let me know, okay? >> i will. >> thank you. >> thank you, judge. before we begin the outline i
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make a recommendation that jane doe 1 is michelle knight throughout the indictment. jane doe 2 is mooned berry throughout the indictment. jane doe 3 is georgeino and jane doe 4 is josina throughout the indictment. >> any objections to that proposed amendment? >> no objection. >> the counts that correspond to the various jane does 1, 2, 3, and 4 will be amended so they will now incorporate instead of jane doe number 1, it will be michelle knight. for jane doe number 2, it will be amanda berry and jane doe number 3 it will be gerogina dejesus and jayne doe number 4 is joselina.
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>> the outline of the plea, i know you've gone through the document in detail, is as follows. the parties have agreed to a negotiated recommended sentence to the court and we ask the court to accept it based on the contract before you. as to count one, count two would be merged into count one and the court with a finding of guilty of both on the murder and the sexually violent predator would be the only sentence available of life without parole. the defendant understands that it means exactly that, that he will never receive a parole date hearing in the state of ohio penal system. that sentence will be followed by the remaining counts for an aggregate term of not less than 1,000 years to be applied consecutively. that is to follow the life without parole sentence.
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again the defendant understands that by virtue of this coninstruct he is never to be held before a parole hearing in the state of ohio. by virtue of this plea agreement it's also understood by the parties that the defendant avoids the possibility of reindictment for the count and capital punishment specificati n specification. the plea agreement page nine paragraph 13 lays out the detail that approximately 40 counts are to be not only as merged within the body of the offenses and the net count will be 937 offenses after that merger is applied and dismissal of those 40 counts as detailed in paragraph 13. upon the successful completion of the plea agreement in 575419, the state will move to dismiss
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in its entirety the lower case 574321. there has been full sdlover provided by the state of ohio and discovery as we already touched on and other than the agreement between the parties no other to address. thank you. >> thank you. >> is that your understanding on behalf of your client of the plea agreement? >> yes, your honor. we, as mr. castro has indicated, he has had ample time to review the written agreement, as well as discuss the contents of that agreement and it is our understanding that he will withdraw his former pleas of not guilty and enter pleas of guilty as are outlined and through this written plea agreement. there were no threats or promises to reduce the pleas, in particular, though, he is aware that this will be finality for
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purposes of this indictment and that the state of ohio will not pursue additional indictment with that specification. >> in other words, mr. castro, each side feels they are giving up something in order to reach this agreement. are you aware of that? >> i aware of that. [ inaudible ] and arrested and told mr. -- i said that i was willing to work with the fbi and -- >> okay. now the prosecutor mentioned one thing that -- about life without parole and i want to make sure you have that understanding because has is one of the significant features of the plea that is being proposed by the state. okay? the law states that a prisoner serving a sentence of life
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imprisonment without parole is not eligible for parole and will not receive parole and will be in prison until death. do you understand this? >> yes, i do. >> do you believe for any reason that you'll be relieved from prison before you die of natural causes? >> excuse me? >> do you think there is any reason, any hope you might be getting out of prison before you die? >> i don't think there is any reason. >> all right. has anybody ever told you that the law could change and that you might be relieved? i mean, do you understand -- >> that was one of my concerns with my attorneys and they assured me that nothing is going to change. >> all right. so you understand you will be in prison for life. you don't even have the expectation or the hope of getting out. is that true? >> ined th understand that. >> has anybody told you to be relieved before your death has anybody made that representation to you or given you that hope or expectation? >> i heard it through the news and the media that i was trying
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to get inmate out of death row. >> you understand that is not going to happen here pursuant tonel agreement? >> i understand, your honor. >> you will not be getting out. is that trer clooer? >> yes. >> is that clear? >> yes. >> finally, do you understand that, mr. castro, upon entering this plea you will never be relieved from prison? >> ined that a understand that stated that to the agent of sex crimes that i i was going to get pretty much -- >> okay. sir, you've been represented for several months now by mr. slacket and mr. weintraub. do you have any interest to believe they don't have your best interest in mind with regard to your decision to plead guilty in this matter? do you feel they are working in your best interests? >> yes. >> do you understand -- >> lawyers. >> do you understand the advice that they have given you to the present time?
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>> yes. >> have you been allowed to ask questions about your case? >> yes, i have. >> have they answered your questions to your satisfaction? >> yes, they have. >> did they go over the discovery information with you that they had been provided by the state? >> yes, they have. >> did they go over the statements that had been made in this matter, not just your statement but the statements of other parties and witnesses? have they gone over those with you? >> yes, they have. only a few things that -- that -- i learned about is items that -- >> so -- >> yes, i have. >> you haven't seen a complete catalog of all evidence? >> that's correct. >> but you're aware that the attorneys have received that information and mr. slacket and mr. weintraub, have you shared with him the information? >> i am aware. >> we have, your honor. >> we have, your honor. >> okay. was there any advice given to you by your attorneys that you don't understand?
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any questions you have for me at this point? >> i pretty much understand everything. i put my trust in them because i know they are good lawyers and there's some things that i have to -- i don't comprehend bauls of -- but pretty much understand what they have been telling me. >> okay. and they have explained the law to you as it is in ohio and you understand that? >> yes, i do. >> now, under criminal rule 11f, this is a negotiated plea in a felony case, upon which the plea is based shall be stated on the record in open court, we have evidence of that which is state's exhibit 1 which the court is going to accept and make part of our record, but i'm
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also going to be talking with you. we have to make an oral record. i have to be sure that you understand your rights, the potential charges, the potential penalties, and what ultimately will happen with you so that at the end, if you plead guilty, that i can make the representation and i'll signify that you do understand and that you're doing all this knowingly and intelligently and voluntarily. is that clear? >> to my understanding, your honor. >> as i go forward, i've already told you, based upon the plea agreement and your understanding of the charges, you are not going to be relieved from prison. however, under ohio law, there are some penalties and obligations that are intended upon any plea for certain counts. for instance, i have to advise you about the post release control when it's mandatory,
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when it's discretionary, length of time. i have to i have advise you about that even though you're not getting out of prison so ints counterintuitive but you'll let me know if you have questions about that, correct? >> yes. >> also, along with the plea, there's a classification of sexual offender. so this series of incidents occurred during the time where the law changed so ts mit was n megan's law until january 1st of 2008 and then it was the adam walsh act. even though you're not getting out of prison, i'm obligated to go over those issues with you prior tour sentencing. you can talk with your attorneys and i'll go over the forms with you and read them ahead of time if we are able to get them to
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you. even though you're not getting out of prison, you have to understand the requirements and sign a form. is that clear? >> they complained that to me. >> okay, thanks. >> now i want to make sure that you understand the potential pleas here. the state is offering a plea bargain and you've indicated that you wish to accept that and as part of their plea bargain, you would have to plead guilty. also there are other type of plea, a plea of no contest. a plea of guilty is a complete admission of your guilty. an admission of the truth of the facts alleged in the indictment and plea or admission shall not be used against you in a civil or criminal proceeding. those are the two pleas available to someone who wishes to dissolve a criminal case by way of a plea. however, by virtue of the plea agreement, they are requiring that you plead guilty and accept
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guilt in this matter. is that understand? >> yes, your honor. >> i will be giving you a further instruction on this shortly, but i did want to go over this since it's very important. i'm sure you've talked with your attorneys about this, but do you understand that you have -- that you are waiving your right to a jury trial by entering a plea? that you're waiving your right to confront witnesses against you, that you're waiving the right to compulsory process of obtaining witnesses in your favor? that you're waiving -- well, that you're waiving the right to require the state to prove your guilt beyond a reasonable doubt at a trial? and do you understand that you cannot be compelled to testify against yourself? do you understand you're giving up all of those specific rights by entering a plea? >> i do, your honor. >> okay. i will talk with you about those further.
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mr. castro, how old are you, sir? >> 33 years oltd. >> how far did you go in school? >> 12th grade. i graduated from high school. >> which is near your house? >> yes. >> and as you're here today, are you under the influence of any illegal drugs or alcohol? >> no. >> do you take any prescription medications? none? >> i had medications when i got here. >> but it doesn't affect your ability to think clearly or make a decision, correct? >> that is right. >> did you take any of the medicine yesterday? >> yeah. what they gave me. >> for what particular condition? >> high blood pressure, high
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cholesterol, and aspirin. >> so you're receiving those, but not anything that would affect your thinking or decision making, correct? >> they tried to give me something for my allergies by i said to them if it makes me drowsy, i'll take it so that pill probably would infer, but i'm not taking it. >> you have not -- >> what i'm taking now do not interfere. >> so have you not taken the antihistamines or anything else recently? >> no, sir. >> are you an american citizen? >> yes. >> were were you born? >> rio. >> when did you come to the cleveland area? >> to the cleveland area? 1972. >> all right. was spanish your first language? >> spanish is my first language. i understand english more because i was raised here. >> do you even write spanish any
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more? >> i write. i read. >> but in english, are you fluent? >> english, i'm very good at spelling and i'm very good at reading but i can't comprehend because -- my sexual problem has really taken a toll on my mind. >> but in general, the things that you've had to deal with here, evidence, the charges, conversations with your attorneys, you've been able to understand the written material, as well as the spoken material? >> yes. >> and you still have family in the area, is that correct? >> that is correct. >> are you currently on probation, are out supervision with any court or jurisdiction? >> no. >> i want to talk with you now about the plea agreement, some of the specifics.
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state will be asking as set forth page 9. for the court to dismiss a significant number of counts and those that deal with a legal issue of merger so they are going to ask me to dismiss those ultimately today after you've entered a plea. are you aware that have? >> yes. yes, i am. >> all right. so 40 counts will be dismissed and they anticipate you'll plead guilty to the remaining 937, is that clear? >> i don't necessarily agree on 937. >> well,


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