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Guide to enterprise risk management frequently asked questions protiviti write for me ncis junit test report Kevin O'Malley a counselor attorney with a butt so long we were just sort of going over the difference between lying and being evasive and I said there would never be court proceedings if you couldn't have a distinction between lying and being evasive and what the reason we're talking about is the House Speaker Jase Bolger said he didn't lie he was just evasive you like those two words I mean what would you say personally I don't think either of us like those two words you know it's a pretty fine line here um I guess really what it boils down to is somebody's intent in terms of trying to deceive somebody but it's adds a fine line well if you're gonna be evasive you must have a reason for avoiding the matter at hand yeah exactly and at the same time I guess the distinction there is that people don't think they're directly saying a falsehood there's skirting around the edges that's what happens in court though right i mean if you've got a defendant and you've got an attorney who is representing the defendant you direct the questions to avoid actually saying did you do it right I mean that's how it works well it is at the same time in the perfect world you shouldn't be evasive or lie usually the idea is to again the perfect world get to the truth mm-hmm but it's the truth that you're sometimes trying to conceal if you're a defense attorney well I guess it sometimes is but you know it's just like everything in life pay me now or pay me later either you deal with what you have and deal with it honestly or by trying to kind of skirt the issue it's gonna come back and bite you even worse so when you deal with lets us say we have the Casey Anthony attorney on a couple weeks ago Jose Baez in the gift if Casey Anthony is having him having him represent her should she say yeah I did it get me out of it or should she also lie to him boy when you start lying to your attorney that is a you know a road to madness you gotta lay it out there you do cuz because you can't there can't be any real defense and then like you or not it's the attorneys duty to at least get you a reduced sentence or possibly like in the oj case the dream team they got him off everybody thinks he did it everybody some people are convinced he did it as Americans were entitled to the best defense money combined if you did it even if he did something I want the money can buy stupid nothing new but it's alec baldwin last week was talking in an interview about the fact that he you know he said make no mistake when you go into a courtroom they're making it up as they go along and he said if the judge likes you or dislikes you it's gonna affect the opinion and if he knows your defense attorney or he knows the prosecuting it all makes a difference do you agree with that I to a degree what a lot of people don't see is everything that goes on behind the scenes long before anyone walks in the court they you know the scores of depositions and the interrogatories and presumably by the time the show starts you know the short every fact is out there now is is that really the case no these things are gonna come out in testimony but for the most part I think most people that the decision makers minds have been made at least from the judges perspective the kool-aid the jury's hearing it for the first time uh-huh is the justice blind nah I know I often wonder too you know how I juries are sequestered does this apply to the judge as well as the judge able to go home watch the reason deforming anything yes he's not making the decision though it's the it the jurors that are making sure but when he passes sentence and he's influenced by all of the media which seems like that might play in it does and and the judge there there is no similar situation with a judge a judge is not sequestered he can see it all um do you uh did you watch yesterday or happened to see any of news coverage of this maniac in Colorado regrettably I did I'm not say his name cuz I guess there's kind of a pact going around now good not to say his name but he had the orange hair orange and pink hair and was acting I don't know he's bug-eyed at some minutes and you know like he was you know drooped out arrest him you look like it was awesome is he is he is he acting you think to set up some sort of insanity defense I I think you very much is but you know the ins the insanity defense is really tricky in a matter like this I mean a lot of people like us would think well you know he had to be nuts what he did that's not the way it works I mean if he is charged with first-degree murder and they haven't made that decision yet the question is you know did he plan it that he had that malice aforethought that say months of worsening all this exactly wasn't like he got so enraged at something someone said that he snapped and hit him with a brick exactly which is why there are degrees of murder if you will when it is a automatically first degree I mean I'm a gun that shoots 100 volts a minute yeah I yeah the only question is whether you know this is a death penalty case or not and you know the question is whether you want to stretch this process out 10 years that's what would happen well yeah well look at the guy in San Francisco yeah but his wife in a fishing boat right he's still there exactly and but you know between all the state appeals all the federal appeals and the effect that's gonna have on the victims and I think the district turning out there is very cognizant of that and what they want to do is get a lot of opinion from the victims themselves you know should we should we go this route or should we just in a lock in a cage for the rest of his life hmm that's what I guess that's a tough call you can get well he's gonna be in jail anyway so what's the difference well the question is whether at some point resources yeah then whether they're you know he's gonna be killed whether the state will put him to death and whether it's worth waiting the time and going through the agony and the ups and downs of that you know people like to talk i was saying earlier about you know they like to put people in boxes you're a conservative you're a liberal your public and Democrat for one thing i don't know how i feel about this i would like to see him sent to death okay at the same time i don't think you should be selling guns that can shoot 100 bullets a minute to anyone in the united states so where am I on the political scale I'm just I'm nowhere well it's a funny story because before coming in here today i was mentioning I have terrible out geez and um so I take claritin d and being just a very slightly obsessive compulsive sky I noticed I was down to about three of them and tried to buy some more admire and I said sorry you cant buy it yet oh it's not your time you know look at that you can't get allergy medicine leave my 6000 bullets yeah it just it kind of got me scratching my head and said we have to do some thinking about this what are you gonna do melt that claret and down and make crystal makasama static that's how embarrassed I fell you degenerate how could you possibly want three more allergy medications tisa beeper it's not it you know it's just awful so I don't know what happens next but I couldn't stand the sight of him in a picture or on a TV yesterday and I'm sure the world feels the same way and it's a visceral kind of reaction but um he's by himself all the time now we'll see what happens next I guess and thank you for being here for your advice on all these matters always a pleasure we all had some other ones too that will get to from time to time with Kevin O'Malley from but so long he's our neighbor to write down the street here we're back in a flash it's a 42 minutes after the hour michael patrick shields radio stations across michigan and Fox 47 television capstone technologies and services mumbai SUNY College at Oneonta.