♪ DON'T BLAME IT ON THE
SUNSHINE
♪ DON'T BLAME IT THE MOAN
NIGHT.
>> Juan: THE ILLEGAL
IMMIGRANT WHO BECAME THE
CENTER OF THE SANCTUARY CITY
DEBATE HAS.
>> ACQUITTED LAST YEAR OF
MURDERING KATE STEINLE IN
SAN FRANCISCO.
THE JURY CONCLUDING THAT HE
SHOT HER ACCIDENTLY.
IT WAS A STUNNING VERDICT TO
SOME.
NOW, ZARATE'S ATTORNEYS ARE
ACCUSING THE U.S. GOVERNMENT
OF ACTING, QUOTE, WITH
VINDICTIVE PROSECUTION END
QUOTE AFTER GETTING HIT WITH
A SECOND SET OF CHARGES.
THEY ARE ARGUING, QUOTE.
THIS CASE WAS HIGHLY
PUBLICIZED BOTH LOCALLY AND
NATIONALLY ALMOST
IMMEDIATELY AFTER THE DEATH
OF MS. STEINLE AND THEN
PRESIDENTIAL CANDIDATE
DONALD TRUMP BEGAN TO USE
MR. GARCIA ZARATE AS THE
SYMBOL OF THE DANGEROUS
ILLEGAL IMMIGRANT CONSTITUTE
AND THE NEED FOR A WALL
BETWEEN THE UNITED STATES
AND MEXICO, END QUOTE.
WHAT DO YOU MAKE OF THIS,
KIMBERLY?
>> Kimberly: I KNOW THE
ATTORNEY WHO IS BRING
FORWARD J. TONY SERRA FROM
BEING A PROSECUTOR IN SAN
FRANCISCO, HAVING CASES
THERE AGAINST HIM.
HE IS VERY PRINCIPLED GUY.
HE IS REALLY A TRUE
BELIEVER.
THIS IS HIS GEM.
HE LIKES TO DO CASES LIKE
THIS.
HE IS LIKE YES.
SO I'M NOT SURPRISED THAT HE
IS BRINGING IT.
THIS IS THE TYPE OF STUFF
THAT HE LIKES TO TAKE ON.
IT'S NOVEL.
IS HE USING VINDICTIVE
PROSECUTION AND BRING IN
PRESIDENT TRUMP.
A LOT OF THAT LATELY TRY TO
BRING IN THE PRESIDENT.
AND SAY THE PRESIDENT HAS
POLLUTED THIS ATMOSPHERE AND
THE ENVIRONMENT AND MADE IT
UNFAIR TO GET A FAIR TRIAL
BECAUSE BECAUSE OF THE
COMMENTS HE HAS MADE OR HIS
ACTIVITY ON TWITTER, SETS.
THEY HAVE USED THE POWER THE
PRESIDENT'S RHETORICAL, YOU
KNOW, PERSUASION AS AN
ARGUMENT TO SAY THAT IT HAS
DEPRIVED SOMEBODY OF, YOU
KNOW, A FAIR TRIAL OR, IN
THIS CASE SAYING THERE IS
VINDICTIVE PROSECUTION GOING
FORWARD.
I DON'T THINK IT WILL
PREVAIL BUT THANK YOU FOR
THE QUESTION.
[LAUGHTER]
>> Juan: YOU'RE WELCOME,
YOUR HONOR.
JESSE, WHAT DO YOU MAKE OF
IT?
>> Jesse: I MEAN KIMBERLY IS
PROBABLY RIGHT.
HE IS EXCELLENT ATTORNEY AND
HE GOT THIS GUY OFF WHICH I
THOUGHT WAS A SLAM DUNK
CASE.
THE PROSECUTION DID A
TERRIBLE JOB.
THEY OVERCHARGED.
THEY HAVE SHOULD HAVE WENT
WITH MANSLAUGHTER INSTEAD OF
MURDER ONE.
IT'S A SHOW BOAT TYPE OF
DEAL.
THIS IS A HAIL MARY, IT'S
NOT GOING TO WORK.
REMEMBER WHEN THEY HELD THE
PRESS CONFERENCE AFTER THE
ACQUITTAL AND STARTED
BLAMING PRESIDENT TRUMP AND
STARTED TO NATIONALIZE THE
STORY.
THIS IS JUST A LOCAL STORY.
THE GUY SHOULD HAVE BEEN
LOCKED UP.
AND NOW CALL IT VINDICTIVE
OR NOT, HE BROKE FEDERAL
LAW.
YOU CANNOT BE IN THE
POSSESSION OF A FIREARM IF
YOU ARE AN ILLEGAL
IMMIGRANT.
THAT'S A 10 YEAR MANDATORY.
THAT'S WHAT THEY ARE TRYING
TO HIT HIM WITH.
GOOD.
I HOPE HE IS PUNISHED.
HE DESERVES TO BE PUNISHED.
THE GUY WAS I THINK IT WAS A
METH HEAD.
HE HAD BEEN ACROSS THE
BORDER FIVE OR SIX TIMES.
CONVICTED OF MULTIPLE
FELONIES AND WHETHER IT WAS
AN ACCIDENTAL SHOOTING OR
PURPOSEFUL SHOOTING HE COST
KATE STEINLE HER LIFE AND HE
SHOULD PAY THE PRICE FOR IT
AND IT'S JUST SAD TO SEAT
WHOLE THING TRIVIALIZED IN
THE COURT LIKE THAT.
>> Juan: DANA, THE POINT
THAT I THOUGHT WOULD
INTEREST YOU IS THAT THE
LAWYERS ARE, IN FACT, CITING
PRESIDENT TRUMP'S COMMENTS
DURING THE CAMPAIGN AND HIS
TWEETS AS THE BASIS FOR
SAYING THAT THE PRESIDENT IS
THE ONE WHO NATIONALIZED
THIS CASE AND MADE ZARATE
INTO A SUBJECT OF DERISION.
>> Dana: I WOULD ALSO SAY,
YOU KNOW, HE WASN'T THE
FIRST TO POLITICIZE AND
NATIONALIZE IT THERE WAS A
LOT OF PUBLICITY ABOUT THIS
CASE.
AND WE KNOW WHERE THIS ALL
STARTED AND FOR GOOD REASON
BECAUSE IT WAS OUTRAGEOUS
THAT SHE LOST HER LIFE AND
THAT THE FAMILY IS GOING TO
HAVE TO SPEND THEIR LIFE
MISSING HER.
AND BEING SO HEART BROKEN
ABOUT IT.
SO, HE WAS ACQUITTED THE
FIRST TIME.
IN SOME WAYS I FEEL LIKE
THEY SHOULD JUST BE THANKFUL
FOR THAT AND I GUESS WE'LL
SEE WHAT HAPPENS IN THIS
NEXT CASE.
THE -- THEY HAVE TRIED TO
USE PRESIDENT TRUMP'S TWEETS
BEFORE LIKE IN THE TRAVEL
BAN CASE, AND IT WASN'T
SUCCESSFUL BECAUSE THEY SAID
IT WASN'T MATERIAL TO THE
THINGS.
I DON'T KNOW WHAT WILL
HAPPEN IN THIS CASE.
I DOUBT IT WILL BE SOMETHING
CAN YOU SPECIFICALLY PIN ON
PRESIDENT TRUMP BECAUSE
EVERYONE WAS TALKING ABOUT
IT AND IT DIDN'T START WITH
TRUMP.
>> Juan: WHAT DO YOU
PREDICT?
>> Greg: I'M NOT IN THE
BUSINESS OF PONTIFICATING.
EVERY CRISIS, NEVER LEFT A
SCANDAL OR CRISIS GO TO
WASTE.
THEY ALWAYS KNOW WHERE TO
FIND A POSTER BOY AND RUN
WITH IT.
THIS GUY WAS A SYMBOL OF
WHAT DONALD TRUMP WAS
TALKING ABOUT, WHICH IS THAT
A SYSTEM THAT DOES NOT
FOLLOW THE LAW ALLOWS FOR
THE PAIN AND SUFFERING OF
LAWFUL CITIZENS.
AND YOU KNOW, THIS -- IT
ILLUSTRATED IT TO SUCH A
DEGREE THAT I THINK IT
ACTUALLY HELPED ELECT HIM.
I REALLY THINK THIS HELPED
ELECT HIM.
THE BIGGER POINT IS THERE
ARE FOUR THINGS THAT HAVE
HAPPENED IN THE LAST COUPLE
YEARS THAT KIND OF ALL HAVE
SOMETHING IN COMMON.
THERE IS THIS CASE, THERE IS
PARKLAND.
THERE WAS A KILLING IN
BOSTON WHERE A MAD MAN HAD
STABBED A WOMAN TO DEATH IN
A LIBRARY.
THAT WAS A COUPLE WEEKS AGO.
THERE WAS A TEENAGER THAT
JUST MURDERED HIS FRIEND AT
A SLUMBER PARTY AFTER
PREACHING TO ISIS.
ALL THESE THINGS HAVE IN
COMMON ARE THAT THEY --
PEOPLE KNEW ABOUT THEM
BEFOREHAND.
THEY WERE KNOWN AS DANGEROUS
OR PROBLEMS BY LAW
ENFORCEMENT, MEANING ALL
FOUR OF THESE HORRIBLE
THINGS, INCLUDING THIS GUY
COULD HAVE BEEN PREVENTED.
IF PEOPLE HAD FOLLOWED THE
LAW.
IF THEY HAD FOLLOWED THE
LAW, THIS GUY GUY WOULDN'T
HAVE BEEN IN SAN FRANCISCO
EVEN IF IT WAS AN ACCIDENT
AND HE WAS SHOOTING AT THE
GROUND AND THE BULLET
RICOCHETED.
YEAH, HE DIDN'T MEAN TO KILL
HER.
BUT HE NEVER WOULD HAVE BEEN
THERE IF THEY FOLLOWED THE
LAW.
DONALD TRUMP WAS ELECTED
BECAUSE WEIGHS TALKING ABOUT
A RETURN TO LAW.
THAT'S WHY THIS WAS SUCH A
SYMBOL AND WHY IT WORKED.
>> Juan: DON'T YOU THINK IT
WAS ABOUT IMMIGRATION AND
WHAT PRESIDENT TRUMP DID, I
THINK QUITE EFFECTIVELY, WAS
MAKE HIM INTO THE A LOT OF
ILLEGAL IMMIGRANTS WHO ARE
CRIMINALS.ON.
>> Greg: ILLEGAL IMMIGRANT
IS A CRIMINAL.
>> Juan: AT LARGE.
>> Greg: BAD GUYS GO.
GOOD GUYS STAY.
THAT'S THE WAY I READ IT