(upbeat music) - Good morning, everyone. I'm Emily Gisinski, host of After Party and the Making Kelly Wrap Up Show on Series XM, Channel 111. It's Friday, August 28th, 2026, and this is your AM update. - She didn't take advantage of this situation. She created this situation, this opportunity to do what she wanted. - Jury deliberations now underway in the Lindsay Clancy murder trial. After closing argument centered on whether she understood that killing her children was wrong, a major question remains. If prosecutors can use what KSM told authorities after years in CIA custody. - Nearly 25 years after the September 11th attacks, a trial date finally set for alleged mastermind, Khalid Sheikh Mohammed. A Rutgers University dean arrested after investigators allegedly discover upskirt videos on his device and thieves making off with a 3,000 year old treasure in a lightning fast museum heist, the latest brazen raid sweeping Europe. All that and more coming up at just a moment on your AM update. - You might already own a firearm, but what if you could start with less lethal methods to avoid the financial and mental repercussions of pulling the trigger? This is where Berna comes in. That's BYRNA. Berna's less lethal launchers are equipped with tear gas and also kinetic ammunition. And designed to incapacitate an attacker for up to 40 minutes. And Berna is excited to introduce the all new compact launcher. It's very cool. It's sleek, it's slim and it hits like a sledgehammer. The same size as a smartphone, allowing women to conceal carry everywhere, comfortably and with confidence. It fires at 400 feet per second. That's a lot of power to stop aggressors in their tracks. Their pistols are American made and hand assembled in Fort Wayne, Indiana with over 80% of the components in the compact launcher being sourced in the USA. Berna is legal in all 50 states. It requires no background checks and can be shipped directly to your door. And Berna is trusted by hundreds of police departments too. Try before you buy, visit Berna.com to find a Berna dealer partner near you. That's BYRNA.com. (upbeat music) - A jury of nine women and three men now deliberating the fate of Lindsay Clancy. After nearly five weeks of testimony over whether she was criminally responsible when she strangled her three young children. The jurors starting yesterday afternoon, following closing arguments from both sides and lengthy instructions from Judge William Sullivan. Clancy facing three counts of murder, one for each of her children, five-year-old Kora, three-year-old Dawson, and eight-month-old Kallen. Sullivan telling the jury prosecutors must prove beyond a reasonable doubt that Clancy understood her actions were wrong and remained capable of following the law. The verdict form giving them five possible outcomes on each count. First degree murder, second degree murder, manslaughter, not guilty, or not guilty by reason of a lack of criminal responsibility. A finding that Clancy was not criminally responsible almost certainly sending her to a state psychiatric hospital where she would face periodic reviews but no predetermined limit on how long she could remain committed. Defense attorney Kevin Reddington, arguing Clancy was a devoted mother whose mind deteriorated under what he called, quote, "Damn medicine," and, quote, "lousy medical care." Reddington pointing to her journals, two calls to a suicide hotline and her decision to admit herself to McLean hospital earlier that month as evidence she was desperately seeking help. Reddington attacking the qualifications of the prosecution's experts, arguing their testimony could not carry the Commonwealth's burden. You have these men coming in here that don't even know, say coasters from schizophrenia as experts, telling you that if a woman doesn't have these symptoms like it's a disease, a symptoms of postpartum depression within four weeks. That's it. We're the most advanced country in the world, but we still have doctors that come in and quote on a murder trial and talk about four-week cutoff on something that they don't even know exists. They've never treated it. They've never written about it. You have terrorism experts. You have an expert that comes in and talks about his focus and his interests and it's about juveniles and drugs. And like I said, kids that like to drink and smoke weed, those are the experts quote unquote. To support their burden to prove beyond a reasonable doubt that Lindsay was not suffering. From a disease or defect at the time, she killed a children. Reddington's closing also taking a more theatrical turn as he compared Clancy's journals to the writings in the horror movie, The Shining. - And when you consider the journals, you'll watch the movie, The Shining with Jack Nicholson. Remember the scene when he's sitting there in a state of a complete psychosis and he's writing a book and he's typing and the white finds the book and opens it up and looks at it and says all work in no play makes Jack a doll boy. All work in no play makes Jack a doll boy repeated after repeated after repeated and he says the alike it. You look at the records of her googling drugs. You look at how many times, how many hours of the night in the afternoon, she's looking this stuff up in between taking care of the family, in between all the stuff that was going on with visiting doctors, seeing doctors, going to Rhode Island. You ain't told no we can't help you. Call me the hook, suicide hotline. We can't help you, call me another. Suicide hotline, we can't help you. My God, what does she have to do? She was reaching out for help and she was not getting it. Plymouth Assistant District Attorney Jennifer Sprag conceding Clancy suffered from mental illness and genuinely attempted to take her own life. Sprag arguing that was not enough to establish Clancy lacked criminal responsibility, insisting she was depressed and exhausted but still capable of making choices and understanding right from wrong. The prosecutor rejecting the defense's attempts to blame Clancy's treatment, arguing she had health insurance and extended maternity leave and nanny and extensive support from both sides of her family. Sprag contending Clancy's providers did the best they could with the information she gave them while accusing Clancy of withholding her thoughts of harming the children because she feared authorities would take them away. The prosecutor then offering jurors her explanation for why a loving but deeply depressed mother would commit the killings. - So why did she specifically do it? She was depressed. She was exhausted. She was done. She didn't want to try anymore. She felt damaged with those kids. Those kids were her protective factor. Those kids were keeping her from ending her misery. And so she had to remove the protective factor. And I'm not saying she was happy about it. I'm saying that it was what she had to do to end her misery. But it was a choice. She didn't take advantage of this situation. She created this situation. This opportunity to do what she wanted. And when she woke in the hospital and she knew she was alive and the kids weren't, she knew what she did as well. She said she felt horrified. And then while still with a tube in her throat, she's asking, do I have a lawyer? - Clancy crying as the prosecutor described the suffering of each child and argued the killings were committed with deliberate premeditation and extreme atrocity or cruelty. Sprague concluding by telling jurors, they could find Clancy guilty to a moral certainty. The jury beginning its deliberations shortly after 12, 30 yesterday afternoon with six alternates remaining at the courthouse in case one of the 12 deliberating jurors becomes unable to continue. We spoke with the MK True Crime Show co-host Phil Holloway about whether the final arguments changed the trajectory of a case that had appeared to be moving in the defense's favor. - I think the big surprise today during close was that the defense seemed to have fumbled. Right as they were preparing to possibly cross the goal line. Up until now, I would have said the defense was definitely on track to at least get a hung jury if not win this case. I think they had done a good job making their case that Lindsey Clancy suffered from a serious mental illness to the point that she did not fully appreciate the nature of her actions. But what we saw rather than sort of a coherent argument that brings it all home and ties it together, we saw something that was meandering. It seemed kind of aimless like stream of consciousness and it focused on things like the prosecutors or other trivial details in the case. And focus less on whether the government had failed at its burden to disprove her insanity defense. - After five weeks of conflicting psychiatric testimony, the defense had one final opportunity to give jurors a clear path from that evidence to an acquittal. Holloway telling us Reddington never brought those pieces together. - Well, we heard Attorney Reddington discussing things like the O.J. Simpson case and the shining. I was struggling to find out how that fit in anywhere. I feel like his closing needed to be focused on the medical evidence in the case that dealt with mental illness and how the facts of the case, as he presented them to this jury, would sort of be applied using the judges' instructions to get the jury to a place where they could find her not guilty. I wanted him to ask for a not guilty verdict. I wanted him to. Before he sat down, just implore them to go to their jury room and write not guilty on the verdict form. But what I saw was something that talked about all manner of things that had little to do with her mental illness and more about other trivial matters. Holloway says Sprag made a surprising strategic choice at the very beginning of her closing argument. I think the prosecutor did a pretty good job and they may have actually salvaged their case at this point, but they started out by clearly acknowledging that Lindsey Clancy had serious mental illness. That's not really the way I would have started out if I were prosecuting the case. I would think that the better way to argue this case would be start out by talking about the kids, the children, and the horrible way that they lost their lives, because they are, after all, the victims in the case. But instead, the prosecutor led with an acknowledgement that Lindsey Clancy has serious mental illness. So, she essentially gave the defense a boost up, if you will. A U.S. military judge setting a June 2028 trial date for alleged 9/11 mastermind Khalid Sheikh Muhammad and three accused accomplices nearly 27 years after the deadliest terrorist attack on American soil. Air Force Lieutenant Colonel Michael Schrammer ordering the trial to begin June 5, 2028 at Guantanamo Bay. Muhammad facing trial alongside Walid bin Atash Ali Abdul Aziz Ali and Mustafa Al-Hasawi, all accused of helping plan or support the attacks. Prosecutors reportedly pushing to begin the trial in 2027. The judge finding that would not leave enough time to resolve the remaining pre-trial disputes. The date also remaining tentative, dependent on the case meeting a series of deadlines over the next two years. Muhammad accused of conceiving the plot to train hijackers, to fly commercial airliners into buildings and presenting the plan to al-Qaeda leader Osama bin Laden. The U.S. educated engineer captured in Pakistan in 2003 and transferred to Guantanamo Bay in 2006. Later claiming he planned the 9/11 operation "from A to Z". Next month marking 25 years since the hijackers struck the World Trade Center and the Pentagon, a fourth plane crashing in a Pennsylvania field after passengers fought back. The case winding through the military court system for more than two decades, with pre-trial hearings alone stretching back more than 10 years. A proposed resolution appearing close in July 2024, when Muhammad and two co-defendants agreed to plead guilty to all charges in exchange for life in prison instead of the death penalty. The agreement also creating a process for the defendants to answer lingering questions from the victim's families. Then defense secretary Lloyd Austin revoking the agreements just two days later amid public backlash. That moved triggering another lengthy court fight, with a military judge initially finding the agreement's remained valid before a divided federal appeals court ultimately siding with Austin last year. ABC News explaining the major evidentiary dispute still standing between the case and trial. The trial date said, "The death penalty is back on the table." Now, a major question remains, if prosecutors can use what KSM told authorities after years in CIA custody. The defense claims his statements were tainted by torture, likely pressured out through water boarding. But prosecutors say, "These statements are crucial evidence." Coming up, in Rutgers University Dean accused of secretly recording upskirt videos, now arrested and banned from campus, and a priceless bronze age treasure, vanishing from a Spanish museum in just four minutes, the latest in a growing wave of heists across Europe. Everyone's talking about weight loss injections because the results can be so dramatic. They work by lowering blood sugar and reducing appetite. But what if you are looking to lose weight, but are not interested in painful weekly injections, especially when you hear about some of the intense side effects? This is why doctors created a weight loss supplement called lean, and the results could be remarkable. Lean says the studied ingredients in their product have been shown to lower your blood sugar, burn fat by converting it into energy, and to curb your appetite and cravings so that you are not as hungry. But listen, lean is not for the casual dieter who only has a few pounds to lose. The doctors at Brickhouse Nutrition created lean for frustrated dieters with ten or more pounds to lose. You could get started with 20% off and free rush shipping, adding lean to your healthy diet and exercise plan. Visit TakeLean.com and enter mk4yourdiscount. That's promo code
[email protected] A Rutgers University Dean of Research arrested and barred from campus after investigators allegedly discovered upskirt videos on one of his electronic devices. An upskirt is exactly what it sounds like, a photo or video secretly taken beneath someone skirt or dress without their knowledge or consent. New Jersey Attorney General Jennifer Davenport announcing Tuesday that 51-year-old Joshua Kohat is charged with fourth degree invasion of privacy. Kohat serving as the Dean of Research at Rutgers School of Environmental and Biological Sciences in New Brunswick. Prosecutors alleging Kohat secretly used his cell phone to record underneath another person's clothing while working at the university. Investigators reportedly executing a search warrant Monday and seizing five electronic devices belonging to Kohat. A preliminary forensic review allegedly uncovering videos of another person's undergarment clad private area on one of those devices. Authorities not publicly identifying the alleged victim or revealing whether that person is a student or otherwise affiliated with Rutgers. The Attorney General's office now asking anyone who believes they may have been victimized or has information about the case to contact state investigators. A Rutgers spokesperson calling the charges "extremely disturbing." Kohat now on administrative leave and banned from campus while the university conducts its own investigation. Kohat joining Rutgers as a graduate student nearly three decades ago before eventually becoming a professor and in January of last year, Dean of Research. According to the university's own leadership page, that position included overseeing research compliance and ensuring the school's work followed appropriate ethical standards. The allegations emerging just as incoming freshmen were moving onto the new Brunswick campus ahead of the fall semester. Here some students speaking out to CBS News earlier this week. "I guess if like a dean is doing things like that, it's kind of making the environment unsettling." "I was unpacking my whole wardrobe yesterday and I'm looking at some outfits now that I hear about this. I'm like, is there something I should be like wearing to like just keeping myself safe? But it's also something you want to think about if you're just going to class the study." CBS New York reporting Kohat was released under pre-trial monitoring following his initial court appearance Tuesday and his due back in court October 8. The charge carrying a possible sentence of up to 18 months in prison and a fine of up to $10,000. Kohat reportedly not responding to requests for comment. Thieves pulling off a lightning fast museum heist yesterday in Spain, reportedly stealing nearly all of one of Europe's greatest collections of prehistoric gold in less than four minutes. The thieves targeting the treasure of Vienna, a roughly three thousand year old collection of bowls, bottles, bracelets, and other objects from the Bronze Age. The chaos beginning at 5.16 a.m. when an alarm suddenly began sounding at a municipal sports complex on the outskirts of Vienna, sending local police racing in that direction. Four minutes later, the alarm at the city's museum going off. By the time officers arrived at 5.24, the thieves and much of the treasure already gone. Officials saying several people arrived in two vehicles, initially trying the museum's main entrance before reportedly forcing their way through a reinforced side window. The thieves then smashing into the display and reportedly taking every gold object belonging to the treasure of Vienna, leaving behind only its silver vessels, one bracelet, and several fragments from an ancient ceremonial staff. Officials insisting the museum's security systems were working and rejecting suggestions of an equipment failure. Investigators now reportedly examining whether the first alarm was deliberately triggered as a diversion. The town's spokesman describing the operation as "superfast and super professional." Vienna-Marifle Hensiel Serdon struggling to contain his emotion while describing what the robbery means to his town "where absolutely devastated, I'm even trembling." The truth is that for those of us from Vienna, this destroys us, it's part of our heritage of our wealth. L.P.A.'s reporting people seeing crying in the streets of the city following the robbery. The original collection comprising 59 distinct objects made from gold, silver, iron, and amber dating to roughly 1250 BC. The treasure discovered in 1963 inside a vessel buried in a dried-out riverbed. Its archaeological value considered incalculable. The gold alone reportedly valued at roughly $2 million. The Vienna raid becoming the third similar museum robbery in Spain in just four months. Thieves reportedly stealing hundreds of gold coins from museums in Bata Hose and Abacete earlier this year. None of those pieces has been recovered. The robbery is part of a much broader wave sweeping European museums. Thieves raiding the Louvre in a brazen broad daylight heist last October, escaping with jewels worth roughly $102 million.
in just minutes. Several suspects later arrested and charged, though all but one of the stolen pieces remain missing. Reuters detailing new Euro poll findings on the shifting makeup of the criminal groups behind Europe's museum heists. These criminals are recruited through social media, so it's a group of people, you know, put together last minutes to do a crime. They're not particularly interested in art. They're just interested in the financial return. Often these people have been involved in criminality in the past or violence in the past, so they're more used to operating that way. During the Louvre heist, I know the robbers threaten guards and visitors with angle grinders. And in the Netherlands, also last year, they used explosives to open up the doors to the museum. Basically, when they recruit people online, they recruit through us for a certain specialty. So it's one person who wants the objects, but they need a team. Someone who's good at locks, someone who's good at, you know, bringing in the equipment, and they just put a assemble a team. That'll do it for your AM update. I'm Emily Gisinski, host of Afterparty. Go and check out more at AfterpartyEmily.com. Catch the Megan Kelly Show later today. Live on Sirius XM's, The Megan Kelly Channel 111 at Nuneast on youtube.com/megankelly and all podcast platforms.