
Sep 16, 2026 · 1h 42m
Lawyers debate jury misconduct and UVU security liability
Black Male Clancy Juror Lone Holdout is Allegedly REPUBLICAN, and Charlie Kirk Family May SUE Over UVU Security, with Geragos, Murphy, Aronberg, and Frei | Ep. 1399
The episode tests how disputed jury conduct, mental-health defenses, and alleged institutional security failures could shape high-profile criminal and civil cases.
- 1Lawyers question whether public attacks on a Lindsey Clancy holdout could support mistrial or appellate arguments.
- 2The panel weighs whether UVU’s security assurances and rooftop warnings could overcome sovereign-immunity defenses.
- 3A discussion of postpartum psychosis, parole, and a juvenile case highlights the limits of criminal responsibility and disputed evidence.
Don't miss
The panel analyzes correspondence in which Kirk’s security team warned UVU about accessible rooftops before officials assured them the situation was covered.
The brief
Megyn Kelly opens with two legal flashpoints: controversy over the Lindsey Clancy jury holdout and Charlie Kirk’s family considering action against Utah Valley University.
Mark Geragos and Matt Murphy argue that publicly attacking a holdout juror after a verdict is highly unusual, while debating mistrial, double jeopardy, and appellate standards.
The panel examines allegations about juror disclosures and attorney messages, stressing that the messages are unverified while considering possible professional consequences.
Dave Aronberg and Viva Frei assess whether UVU ignored warnings about accessible rooftops, and whether telling Kirk’s security team that officials had coverage created a legal duty.
The discussion broadens to postpartum psychosis, the Menendez brothers’ parole prospects, and a juvenile sexual-assault case where cellphone evidence and prior allegations remain disputed.
What was said on this episode
14 statements · 4 positive · 7 negative · 1 mixed · 2 neutral
Charlie Kirk’s family began pursuing a lawsuit against Utah Valley University over alleged security failures.
“Charlie Kirk's family took the first step in filing a lawsuit against Utah Valley University over the security failures that led to his murder”
Listen at 0:20
Postpartum psychosis will increasingly be used as a criminal defense.
“We're going to see this as a defense over and over again.”
Listen at 44:47
Mark Geragos believes the Menendez brothers should receive parole.
“I believe they should”
Listen at 50:09
The California Board of Prison Terms will eventually parole the Menendez brothers.
“eventually the California Board of Prison Terms is going to parole them”
Listen at 50:38
Charlie Kirk was transported to the hospital privately rather than by ambulance.
“Charlie Kirk had to be transported to the hospital in a private vehicle rather than an ambulance”
Listen at 57:51
The rooftop danger became foreseeable after private security flagged it to university officials.
“the danger becomes entirely foreseeable”
Listen at 1:04:13
Ignoring the warning could undermine Utah Valley University’s sovereign-immunity defense.
“that can actually punch a hole in the inevitable sovereign immunity defense”
Listen at 1:04:16
Accessing the rooftop from the campus walkway was extremely easy.
“Getting on that roof could not have been easier.”
Listen at 1:08:40
The rooftop was unsecured and unmonitored while overlooking the main campus quad.
“this was an unsecured, unmonitored, high vantage point overlooking the main quad”
Listen at 1:10:36
Utah Valley University will eventually settle the lawsuit.
“the state of Utah University will eventually settle”
Listen at 1:14:45
The security lapse appeared to facilitate a shooter’s access to an ideal vantage point.
“It almost seems like it was facilitated to give any prospective shooter the perfect vantage point from which to take the shot”
Listen at 1:18:51
The rooftop security failure may reflect incompetence or something more sinister.
“The only question is, is it grotesque incompetence or something potentially more sinister?”
Listen at 1:19:35
A judge will likely allow the lawsuit to proceed rather than dismiss it immediately.
“I think ultimately a judge would rather not preempt the lawsuit and would just let it play out.”
Listen at 1:20:11
K.J. Bierman will likely be tried as an adult in Georgia.
“I think he will be tried as an adult because that's the default where he is.”
Listen at 1:38:34
Statements are attributed to the speaker as said on the episode and reflect their view at the time, not PodLume's. They are not advice.