♪ FOX NEWS ALERT. TONIGHT WE FINALLY GOT OUR HANDS ON THE MOUNTAINS OF EVIDENCE THAT THE PELOSIS HAVE SPENT MONTHS TRYING TO COVER UP. THE PICTURE OF PAUL PELOSI'S DUI IS FINALLY STARTING TO COME TOGETHER. EVERY SECOND OF THAT NIGHT WAS DOCUMENTED, AN EXCRUCIATING DETAIL AND WE HAVE ALL OF IT. >> THERE WAS A WITNESS WHO SAW THE WHOLE THING. THEY HAVE NO IDEA WHERE HE WENT. >> Jesse: WITNESSES ON THE RUN? THAT'S JUST THE TIP OF THE ICEBERG. THERE'S A WHOLE LOT MORE. WE HAVE THE DASH CAM FOOTAGE. THE DISPATCH TAPES, PHOTOS, REPORTS, EVERYTHING. IT PAINTS A VERY DARK PICTURE. IT'S OBVIOUS TO EVERYONE WITH TWO EYES THIS IS NOT A MISDEMEANOR. THIS IS A FELONY. THE COPS ADMITTED HOW SERIOUS IT WAS ON THE TAPE THEY HAVE BEEN HIDING. THEY TOLD PAULY HE WAS LUCKY TO BE ALIVE. >> GUYS ARE ACTUALLY BOTH VERY LUCKY THAT THE CRASH WASN'T MORE SERIOUS THAN IT WAS IN TERMS OF INJURIES BECAUSE THE CRASHES THAT THAT I HAVE BEEN TO A LOT LESS DAMAGE TO THIS WHERE PEOPLE HAVE TURNED OUT MORE SERIOUSLY INJURED. >> Jesse: THE COPS KNEW THIS WAS SERIOUS, FELONY LEVEL SERIOUS. YET, TODAY, PAPA PAULY CUT A PLEA DEAL ANYWAY AND ONLY GOT A SLAP ON THE WRIST. THREE YEARS PROBATION, A DUI COURSE. SOME COURT FEES AND FIVE DAYS IN JAIL BUT HE DOESN'T HAVE TO SPEND ANY TIME. SERVICE. AND YOU HAVE TO INSTALL LITTLE IGNITION DEVICE SO HE HAS TO BLOW INTO A LITTLE TUBE PORCH. KNOCKED OUT. TELLING "PRIMETIME" THIS IS THE BARE MINIMUM OF WHAT SOMEBODY COULD HAVE GOTTEN IN THIS CASE. IF THIS TAPE HAD COME OUT THERE, WOULD HAVE BEEN NO WAY THE D.A. WOULD HAVE LET PAUL OFF WITH SUCH AN EASY PLEA. THIS DEFINITELY WOULD HAVE BEEN CHARGED AS A FELONY AND HE DEFINITELY WOULD HAVE BEEN GIVEN PRISON. THAT'S WHY THEY HID THE TAPE UNTIL AFTER THE PLEA DEAL AND WAITED UNTIL THIS MORNING TO RELEASE THE FOOTAGE. THE SECOND PAULY P. WAS IN THE CLEAR THEY CLICKED SEND. LET'S TAKE A CLOSER LOOK AT WHAT HAPPENED THAT NIGHT AND WALK THROUGH IT STEP-BY-STEP SO CAN YOU DECIDE IF THE PUNISHMENT FITS THE CRIME. FROM THE SECOND COPS HEARD ABOUT IT ON THEIR RADIO,THEY KNEW THIS WAS MAJOR. >> TWO VEHICLES INVOLVED. MODERATE TO MAJOR DAMAGE. >> Jesse: AND THEY KNEW EXACTLY WHO THEY WERE DEALING WITH. LISTEN CAREFULLY. >> I RAN THE SPORTS PLATE I THINK IT'S PAUL PELOSI. >> Jesse: EVERYBODY KNOWS PAPPA PAULY IN NAPA. WHAT'S HE DOING THERE? THIS IS LATE AT NIGHT. WHERE IS NANCY? THOSE QUESTIONS WOULD HAVE TO WAIT WHILE THE OFFICERS FIRST TENDED TO THE VICTIM. >> WHAT HAPPENED? >> I SAW THE CAR COMING. HE WAS COMING TOWARDS THE INTERSECTION? >> FROM THE STOP TO HERE, HE KEPT COMING. >> VERY FAST? >> FAST. >> FROM THE LEFT SIDE? RIGHT? >> FROM THE LEFT SIDE. >> AND WHAT HAPPENED AFTER THE ACCIDENT? >> WELL, NOTHING. >> I'M GOING TO TELL YOU WHAT YOU TOLD ME AND TELL ME IF THIS IS CORRECT. YOU WERE COMING IN THIS DIRECTION NORTH, APPROXIMATELY BETWEEN 45 AND 50 MILES PER HOUR. YOU WERE APPROACHING THE INTERSECTION. YOU SAW THE OTHER CAR ON THE OTHER SIDE. HE CAME IN THIS DIRECTION AT HIGH SPEED. YOU DIDN'T HAVE TIME TO DO ANYTHING? >> BREAK. >> YES, BRAKE. AND THEN YOU FELT THE IMPACT. THE CAR WENT OUT OF CONTROL AFTER THE ACCIDENT, PEOPLE STARTED TO ARRIVE. ANYTHING ELSE? >> THAT'S EVERYTHING. >> OKAY. WAIT HERE FOR ONE SECOND. >> Jesse: SO, THE VICTIM DOESN'T SPEAK ANY ENGLISH. WE WILL GET INTO THAT LATER. SO, WHILE THIS IS ALL HAPPENING, PAULY WAS ON THE OTHER SIDE OF THE STREET. HE SOMEHOW CRAWLED OUT OF HIS TOTALED PORCH FUMBLING THROUGH WALLET LOOKING FOR RIGHT I.D. WHICH MUST HAVE BEEN EASIER SAID THAN DONE. THE POLICE REPORT SAID THAT PAPPA PAUL PLANNED HIS POLICE DONOR CARD INSTEAD OF HIS DRIVER'S LICENSE. PRIME TIME DID GET ONE THING WRONG ABOUT THIS STORY. AND WE NEED ISSUE A CORRECTION BECAUSE FACTS ARE IMPORTANT. ORIGINALLY WE TOLD YOU PAULY P. FLASHED A GOLD DONOR CARD AND WE ARE WRONG AND WE ARE SORRY FOR THAT TURNS OUT IT WAS A ACTUALLY A PLATINUM CARD WHICH YOU GET FOR A MINIMUM DONATION OF $100,000. IT'S ONLY FOR, YOU KNOW, REAL BIG INVESTMENT GURUS LIKE POSTOPERATIVE PA PAUL. BUT THE COPS WEREN'T BUYING IT WATCH THIS. >> YOU WERE OBVIOUSLY THE ONE DRIVING THE VEHICLE, RIGHT? NO ONE ELSE WAS CONTROLLING IT SOMEHOW? >> I HAD A GLASS OF WINE BEFORE DINNER. >> HAD YOU CONSUMED ANY MEDICINE OR OTHER DRUGS TODAY? HOW MANY MEDICATIONS ARE YOU GETTING EVERY DAY. ING MEDICATIONS IMPAIRING YOUR ABILITY TO DRIVE? DO YOU HAPPEN TO NOTE NAMES OF THE MEDICATIONS? >> >> DO YOU KNOW WHAT YOU TAKE THEM FOR, AS FAR AS THE MEDICATIONS, ALL ONES THAT YOU HAVE CONSUMED TODAY, WHEN WAS THE LAST TIME THAT YOU CONSUMED THEM? DO YOU FEEL ANY EFFECTS RIGHT NOW FROM ANY OF THOSE MEDICATIONS? >> DO YOU FEEL LIKE YOU ARE NOT IMPAIRED, WE CAN SKIP TO DOING A BREATH TEST. CAN YOU GRAB ON TO MY SHOULDERS. FEET TOGETHER, ARMS ON TO YOUR SIDE. LIFT UP YOUR THIGH AND THEN CLOSE YOUR EYES AND I'M GOING TO SAY IT AGAIN. I DON'T WANT TO YOU INJURE YOURSELF. WOULD YOU BE WILLING TO DO THE BREATHALYZER TEST? >> I WOULDN'T WANT YOU TO FALL OVER AND HURT YOURSELF. ING [INAUDIBLE] >> ARE YOU SURE YOU CAN COMPLETE THE TEST? I REALLY DON'T WANT YOU TO FALL OVER AND HURT YOURSELF THAT'S THE LAST THING. >> THAT DEFEATS THE WHOLE PURPOSE OF THE TEST GRABBING ON TO A PATROL CAR. I'M REQUESTING THAT YOU TAKE A BREATHALYZER TEST. IT'S NOT -- IT'S A VOLUNTARY TEST. >> [INAUDIBLE] >> SO NONE OF THE TESTS ARE PASS OR FAIL. ROUGH WILLING TO DO THE BREATHIZER TEST? >> I WANT TO GO HOME. >> I UNDERSTAND YOU WANT TO GO HOME. YOU WERE INVOLVED IN A CRASH. >> RIGHT. >> I SMELL ALCOHOL COMING FROM YOUR BREATH. CAN I SEE YOU ARE VERY UNSTEADY ON YOUR FEET. >> WHEN THINGS WEREN'T GOING HIS WEIGHED HE PULLED A DO YOU KNOW WHO I AM? [INAUDIBLE] >> WAIT, WAIT, WAIT. CAN WE HEAR THAT ONE MORE TIME? AND THEN THIS TIME KEEP IT WROLG? >> RIGHT. I UNDERSTAND HOW ARE. I'M NOT HERE TO TRY TO DO ANYTHING TO-DRAW ANY NEGATIVE ATTENTION TO YOU. IF YOU HAVE BEEN HONEST WITH ME, THERE IS REALLY NOTHING THAT YOU SHOULD BE WORRIED ABOUT IN TERMS OF THE ALCOHOL YOU CONSUMED. HAVE YOU BEEN HONEST WITH ME ABOUT YOUR CONSUMPTION BEING ONLY TWO GLASSES OF ALCOHOL? >> Jesse: YEAH, BUT THE POLICE TO THEIR CREDIT, DIDN'T REALLY BUY HIS EXCUSES AND HE HAD HAD A COUPLE. PAUL KNEW HE WAS TOO DRUNK TO DRIVE BUT HE WASN'T BEING HONEST WITH THE OFFICERS AND HE KNOWS IF HE GOING TO TAKE THE TEST IS HE GOING TO GET POPPED. LOOK AT THE SCENE. THIS WAS A TOTALLY CHAOTIC SCENE. TWO WRECKED CARS, BUSTED AIRBAGS BROKEN FENCES. FIRST OF ALL WHY WAS THE OTHER AIRBAG KEY EMPLOYED IN THE OTHER SEAT IF NOBODY WAS THERE? THAT'S BESIDES THE POINT. THIS COULD HAVE BEEN VEHICULAR MANSLAUGHTER THIS COULD HAVE BEEN VEHICULAR HOMICIDE. THESE GUYS COULD HAVE DIED. I DON'T KNOW. REMEMBER, WHEN THEY TOLD US THAT NO ONE GOT HURT, WELL, THEY HAD THESE PICTURES THEN THEY WERE HIDING THEM. PICTURES OF PAUL'S BRUISED AND BLOODY HANDS. LOOK AT THAT. AND IF YOU LOOK CLOSELY, HE DOESN'T HAVE HIS WEDDING WRING ON. I DON'T KNOW IF HE IS ONE OF THOSE GUYS THAT DOESN'T WEAR HIS RING. I DON'T KNOW. SO, WHAT NOW? WILL THERE BE ANY CONSEQUENCES FOR THE PEOPLE WHO COVERED THIS UP? LIKE NAPA COUNTY D.A. ALLISON HALEY? HEY, ALLI. SHE DIDN'T DO ANYTHING BOY THE BOOK ALLI THINKS THIS CASE IS HER GOLDEN TICKET TO HIGHER OFFICE IN CALIFORNIA. AFTER BROKERING A PLEA DEAL FOR PAUL PELOSI SHE NEVER HAS TO WORRY ABOUT FUNDRAISING FOR THE REST OF HER LIFE. THIS THING WAS BIG AND SHE SWEPT IT UNDER THE RUG. BUT SHE SAYS TODAY SHE HANDLED THE CASE LIKE ANY OTHER CASE. >> THIS IS SORT OF A CASE OF HE IS GETTING SPECIAL TREATMENT JUST BECAUSE OF WHO HE IS. WHO HE IS MARRIED TO. >> SO WE EVALUATED THIS CASE BASED ON THE FACTS AS THEY CAME FORWARD AND MADE OUR CHARGING DECISION LIKE WE DO IN ANY OTHER CASE. >> Jesse: YEAH. OKAY. AND THEN SHE TOOK A SHOT AT "PRIMETIME." >> THIS CASE HAS BEEN UNUSUAL IN -- SOMETIMES I WATCH NEWS COVERAGE AND IT'S LIKE THEY ARE TALKING ABOUT A COMPLETELY DIFFERENT CASE AND IT STARTED WAY BACK WHEN I HAD REPRESENTATIVES SAYING THAT I HAD DROPPED CHARGES. I HADN'T EVEN PRESSED CHARGES YET. IT SORT OF HAS GONE THROUGH THIS CYCLE OF THESE BIZARRE FACTS, NONE OF WHICH ARE TRUE. I CAN JUST ASSURE YOU THAT MY ATTENTION, MY FOCUS HAS BEEN ON WHAT THE EVIDENCE HAS BEEN AS IT'S COME INTO THE OFFICE. >> Jesse: ALLI MUST BE WATCHING ANOTHER CASE COVERAGE BECAUSE WE NEVER SAID SHE DROPPED CHARGES. WE JUST GOT A LOT OF INFO THREE HOURS AGO. I JUST WANT TO GIVE A HAND TO THE "PRIMETIME" TEAM WHO DID AN EXCELLENT JOB GATHERINGS UP ALL OF THESE MATERIALS AND PUTTING IT TOGETHER TONIGHT. BUT, WE ARE NOT DONE. THIS IS A LITTLE TASTE. WE HAVE A LOT OF MATERIAL TO GO THROUGH AND HAVE MORE FOR YOU GUYS TOMORROW. BRIAN CLAYPOOL IS A DUI ATTORNEY AND HE HAS BEEN FOLLOWING THE CASE WITH US AND JOINS ME NOW. ALL RIGHT. SO, BRIAN, YOUR REACTION TO WHAT WE SAW TONIGHT. >> THIS IS A SCRIPTED INJUSTICE, WHAT DO I MEAN BY THAT? THE D.A. DEFENSE LAWYER AND THIS JUDGE, THEY MET YESTERDAY, I DON'T KNOW IF YOU MENTIONED THAT. THEY ALL MET YESTERDAY. THAT NEVER HAPPENS. YES. THEY MET THE JUDGE SAID I MET THE LAWYERS YESTERDAY. THEY SCRIPTED AND CORE GREATER CHOREOGRAPHEDTHIS ENTIRE. RAZZIE AWARDS. THEY ALL GET A RAZZIE AWARD, DUDE, WHY? BECAUSE THE LAWYER FOR PELOSI GETS UP AND SHE SAYS TO THE COURT, JESSE: I'M DOING AN OPEN PLEA. WHAT DOES THAT MEAN? THAT MEANS TECHNICALLY SHE HASN'T STRUCK A PLEA BARGAIN WITH THE D.A. ENTIRE PRETEXT AND RUSE TO SHOW THE PUBLIC THEY WEREN'T IN CAHOOTS. THIS WASN'T AN OPEN PLEA. THEY ALL MET THE DAY BEFORE AND THEY SCRIPTED EXACTLY WENT DOWN. IT'S A TRAVESTY OF JUSTICE. IF YOU GO BACK AND WATCH THE TAPE FROM THIS MORNING, IT IS -- IT IS COMICAL. BIVENS GETS UP OH I'M DOING AN OPEN PLEA AND THE JUDGE IS LIKE OKAY, REALLY? AND THEN THE PROSECUTOR IS LIKE OKAY, WHAT IS IT? AND THEN THE JUDGE, HMMM LET ME THINK ABOUT THAT. OKAY, WHAT DO YOU THINK MS. D.A.? OKAY. WE WILL AGREE TO THAT IT WAS JUST A TOTAL CHARADE. AND THERE SHOULD BE AN INVESTIGATION DONE ON THIS. LET ME TELL YOU THE WORST PART OF THIS, JESSE AND I WILL LET YOU TALK. THE WORST PART OF THIS IS EXACTLY WHAT YOU WERE TALKING ABOUT SERIOUS PHYSICAL INJURY. MEDICAL RECORDS. THE D.A. SAID TODAY I TALKED TO THE VICTIM YESTERDAY AND HE GAVE ME MORE MEDICAL RECORDS. A RESPONSIBLE JUDGE AND A RESPONSIBLE UNBIASED D.A. WOULD HAVE SAID LET'S PUT THIS CASE OVER. LET'S LOOK AT THESE MEDICAL RECORDS. LET'S SEE IF THERE IS SERIOUS INJURY. BECAUSE? BECAUSE OF WHAT YOU SAID. IF THERE WAS SERIOUS INJURY, WHICH THERE IS, WE KNOW, THIS RISES TO A FELONY. YOU DON'T CLOSE A CASE IF YOU DON'T KNOW YET WHETHER IT'S A SERIOUS INJURY. AND IF IT IS A SERIOUS INJURY, THIS SHOULD HAVE BEEN A FELONY. >> Jesse: WE ARE LOOKING AT THESE REPORTS ABOUT THIS HEARING THEY HAD TODAY. HE IS NOT EVEN ON REAL PROBATION. HE DOESN'T EVEN HAVE TO PEE IN A CUP EVERY SIX MONTHS. HE DOESN'T HAVE TO MEET WITH A PROBATION OFFICER. IT'S NOT EVEN REAL PROBATION, IS IT? >> IT'S TOTAL GARBAGE. IT'S CALLED -- OUT HERE IT'S CALLED SUMMARY PROBATION. WHAT'S THAT CALLED? WHAT DOES THAT REALLY MEAN? OH, GO SIT ON YOUR BOAT AND SMOKE A CIGAR BECAUSE YOU DON'T HAVE A FORMAL PROBATION OFFICER. DID YOU KNOW THAT? >> Jesse: YESTERDAY, THE D.A. MET WITH THE JUDGE WHO MET WITH THE DEFENSE ATTORNEY AND THEY CHOREOGRAPHED THIS HEARING TODAY BECAUSE WE WATCHED THE HEARING AT THE OFFICE. AND THE PROSECUTOR, IT'S ALMOST LIKE SHE WAS A ZOMBIE. SHE DIDN'T OBJECT TO ANYTHING. PELOSI'S DEFENSE ATTORNEY RAN THE WHOLE SHOW AND THEN THEY GET A SLAP ON THE WRIST AND ALL OF A SUDDEN THE TAPE COMES OUT AND YOU ARE LIKE OH MY GOD. THESE CARS ARE WRECKED. THERE IS BRUISES EVERYWHERE. WE ARE FINDING OUT THIS GUY DOESN'T EVEN SPEAK ENGLISH. HE IS LIKE 50 YEARS OLD. I'M NOT SURE HE IS FROM THIS COUNTRY LEGALLY. HE IS STILL RECEIVING MEDICAL CARE. STILL RECEIVING MEDICAL CARE. AND THIS GUY GETS A SLAP ON THE WRIST. IT'S A JOKE. I WILL GIVE YOU THE LAST WORD. >> YEAH. EXACTLY. THIS IS -- THIS IS AN INJUSTICE. THERE NEEDS TO BE AN INVESTIGATION. THIS IS WHAT HAPPENS IN OUR -- OUR LEGAL PIPELINES ARE CLOGGED WITH DEMOCRATIC SEWER. AND THAT'S EXACTLY WHAT HAPPENED HERE. THE ONLY WAY WE ARE GOING TO CLEAR THAT PUMP OUT IS THROUGH SHOWS LIKE YOURS, CREATING TRANSPARENCY, SEEKING ACCOUNTABILITY AND HAVING PEOPLE VOTE. VOTE IN OUR NEXT ELECTION AND MAKE SURE WE VOTE FOR PUBLIC OFFICIALS AND PROSECUTORS WHO ARE GOING TO ABIDE BY THE LAW AND APPLY THE LAW EQUALLY TO EVERYBODY IN THE COUNTRY. >> Jesse: WELL SAID, BRIAN, THANK YOU SO MUCH AND ALL OF YOUR HELP ON THIS CASE WITH US. WHEN WE LAUNCHED THIS SHOW JUST -- WE WANTED TO DO THIS SHOW BECAUSE CORRUPTION WAS IMPORTANT TO US AND WE DON'T TAKE NO FOR AN ANSWER HERE AT "PRIMETIME." WE HAVE GOT TO PUT A SPOTLIGHT ON THIS AND THERE CAN'T
