Rust Shooting Charges Against Alec Baldwin. Analysis w/ NY Criminal Defense Attorney David Schwartz on CBS 2 NY

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all right this is a complicated and
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emotional case here to help us
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understand the legal development is New
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York criminal defense attorney David
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Schwartz who you just saw in that piece
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a second ago by Ali Bauman and filmmaker
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Laura Pellegrini to give us a little
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perspective thank you both for taking a
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few minutes to join us here thank you
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David I'm going to start with you here
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um explain the charges and why two
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counts of involuntary manslaughter
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yeah so you have two counts of
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involuntary manslaughter which is really
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based on this negligent standard did did
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uh Alec Baldwin act as a reasonable
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person in would act in that situation so
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you have the one based on a negligence
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standard and then there's an enhancement
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where it's more of a reckless standard
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but it's because he's handling a gun so
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it's engaging in a lawful act so he was
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engaging in a lawful act but he was
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acting with this sort of extreme
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negligence and because he was handling a
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gun in that act that's where the
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enhancement comes so the jury will be
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given either the regular involuntary
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both the involuntary manslaughter and
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the enhancement and they'll have to
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choose between the two the regular and
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voluntary has a year and a half Max the
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enhancement is five years now David also
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the the New Mexico chief medical
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investigator linked to the manner of
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death as a quote accident now what will
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the prosecutor have to do to prove in
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order for there to be a conviction here
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well it is an accident that's where you
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have this fine line between is this a
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civil case
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or Arena so it's an accident I don't
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think anyone is accusing Alec Baldwin of
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intentionally firing the weapon and
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killing this this person so bottom line
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is uh even though it's an accident if if
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the accident happened where Alec Baldwin
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was acting with extreme negligence in
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the entire situation not just the firing
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of the weapon but the entire scene it
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sounds like it was a scene where there
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were multi multitude of negligent acts
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and so if they can find that then Alec
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Baldwin can be guilty and David there
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was a settlement that was already paid
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correct
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right so unusual the civil case was
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settled before the criminal case yeah
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well no one knew there would be a
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criminal case yeah I think that's why
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this was that came as such a surprise
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yesterday when these charges were handed
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down Laura let me bring you in now
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what's the reaction been from the film
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Community following yesterday's
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announcement
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certainly a mixed reaction Chris you
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know um I know the Santa Fe DA office
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has done a really thorough investigation
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independently to try to get to the
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bottom of this this has been going on
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for 16 months
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um it's a blurry line you know Baldwin
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he was a co-producer and he was an actor
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in the project he didn't necessarily
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oversee all aspects of production so he
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chose that very fine line you know I
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think at the end of the day we have to
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ask ourselves did he violate protocol
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and on any set that Stefano defray my
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co-director and I have worked on there's
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a very clear line of command you have a
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prop master who hands the gun to an
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armorer a licensed professional and they
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in turn have to check the firearm to
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make sure that it's a cold gun then it
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gets handed to the assistant director
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and they're tasked with the
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responsibility of declaring a cold gun
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to the actor before they use it so in
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that circumstance you know Alec Baldwin
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his responsibility was to trust the line
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of command that took place on that day
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yeah so let me ask you this this so
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that's your protocol and the prosecutors
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alleged there was a lack of safety
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standards on set in your expertise from
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what you've seen and heard what really
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stood out to you where was The Real
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miscarriage here and Justice of the
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proper gun and the proper you know
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weapon being provided to the proper
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actor at the proper time
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that's a great question you know I think
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it really boils down to the armor I'm
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not entirely sure that that vetting
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process was as thorough as it could have
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been and that might have been for many
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reasons Chris you know from what I
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understand it was a low budget sag indie
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film and under that contract some things
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get lost in in the mix you know they
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tend to slip from the Wayside so there
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there might not have have been protocol
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during pre-production when they were
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doing
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um you know safety training during
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rehearsals also you're not supposed to
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have a gun during rehearsal and secondly
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you're supposed to respect a 20-foot
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rule which judging by the video footage
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of that day I don't necessarily think it
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was respected okay now let me ask you
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both of this question here excuse my
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ignorance on this but this is a movie
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set why is there live rounds of
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ammunition on a movie set well
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the bottom line is it makes no sense and
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that's why the the investigation where
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is the investigation at this point the
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missing the million dollar question here
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is how did a live round get into that
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gun in the first place and how do we not
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know who put that live round into that
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weapon because that is the real guilty
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party and if anyone knowingly
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intentionally put a live round in that
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weapon well that could be a murder case
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that and that's what I don't understand
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I mean as an actor you're on a film set
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why would you even think that there
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would be a live round in there and I
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guess you know that kind of goes to
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exactly what you just said why is live
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ammunition there who put the lobby
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ammunition in that gun that's what they
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really need to get to the bottom of
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David let me know if you guys do this
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there's a third person who the district
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attorney names assistant director David
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Halls now he's taken a plea deal for
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negligent use of a deadly weapon how
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could that impact the charges being
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brought against Baldwin well I'm sure
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he's going to testify you know for that
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uh that guilty plea he may be testifying
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as a witness for the state as well so
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why I'll have to see how that all plays
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out he seems to be the most culpable
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yeah so now you have Alec Baldwin I
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think both of you may have had a case
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that you know maybe Alec Baldwin's not
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that culpable here especially the
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analysis that was just given so it seems
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like this person is much more culpable
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than Alec Baldwin or his co-defendant
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and Laura it's been over a year since
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this tragic event how have safety
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protocols now changed on sets is it now
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one of those things where there's just
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so many different layers before a weapon
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whether it's live or not not that it
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should ever be live is placed in an
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actor's hands yeah absolutely I mean
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listen just to harken back to your point
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under no circumstance should there be
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live rounds on set yeah I just wrapped a
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crime drama with with Steph no defray it
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was co-produced by the Russo Brothers
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um we made sure that we were working
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with a licensed armor and that there
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were absolutely under no circumstances
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live rounds on set I think you know it
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took a senseless tragedy to discover
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that there are alternative options for
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for firearms being put in films it's
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something that you can settle in
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post-production you you can use CGI
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gunfire you know so it it has led to
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other outcomes in that sense and David
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I'm gonna give you the last 15 seconds
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here what are the next steps for those
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involved in this the next steps are that
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there'll be an arraignment and we're
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going to go through the discovery
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process and there could be please and if
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there's not if there's no plea in this
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case then we're going to see a
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blockbuster trial unbelievable all right
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David Schwartz this is Lauren Pellegrini
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thank you both for being here greatly
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appreciate it good to see the two of you
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thank you all right stay with cbs2 for
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