Both Sides of the Bench

Netflix's The Crash has reignited debate over one of the most controversial murder cases in recent memory. Did Mackenzie Shirilla intentionally drive her car into a building, killing her boyfriend Dominic Russo and friend Davion Flanagan, or was it a tragic act of reckless driving that prosecutors turned into a murder case?
In this episode of Both Sides of the Bench, former prosecutor and criminal defense attorney Shaun Yurtkuran breaks down the evidence, the law, and the defense strategy that continues to divide lawyers across the country. Shaun explains the difference between direct and circumstantial evidence, how prosecutors prove intent, why Hollywood's version of premeditation is often wrong, and why he believes the decision to waive a jury trial may have been the defense's biggest mistake.
Drawing on 21 years of courtroom experience and comparing the case to a fatal crash prosecution from his own career, Shaun examines the question at the heart of The Crash: When does reckless driving become murder?
Was the evidence enough to prove intent beyond a reasonable doubt? And would twelve jurors have reached the same conclusion as the judge?
Join the discussion.

Good morning! A quick Saturday briefing before today's show.
We'll discuss the latest development in the federal Jackson bribery case, where the plea deadline has come and gone with no notices filed indicating that any defendant intends to plead guilty. What does that mean for former Mayor Chokwe Lumumba, Hinds County DA Jody Owens, Aaron Banks, and the upcoming trial?
Plus, a preview of today's 11 a.m. show on Netflix's The Crash. Did Mackenzie Shirilla's defense team make a critical mistake by waiving a jury trial? As a former prosecutor and criminal defense lawyer, I'll break down the strategy, the evidence, and why this case has lawyers debating it nationwide.
Join me live this morning and again at 11 a.m. for the full show.

Memorial Day weekend in Mississippi means BBQs, alcohol, fireworks, family arguments, and sometimes criminal investigations. On this episode of Both Sides of the Bench, former prosecutor and criminal defense attorney Shaun Yurtkuran discusses how holiday weekends can quickly turn violent and how Mississippi self defense law actually works in the real world.
Shaun breaks down common legal myths surrounding Castle Doctrine, Stand Your Ground, shootings inside the home, self defense involving vehicles, and what happens when police respond after a violent encounter. He also discusses how alcohol, ego, and firearms often collide in ways that lead to tragic outcomes and criminal charges.
The episode also dives into some of the most common pieces of “legal bro science” people believe, including myths about Miranda rights, talking to police, warning shots, self defense law, and when force becomes retaliation. Using stories from years prosecuting violent crimes in Jackson and now defending clients charged with serious offenses, Shaun explains the difference between what people think the law is and what Mississippi law actually says.

The Jackson Bribery Trial: Jury Pool & Entrapment Explained
In this episode, criminal defense lawyer and former prosecutor Shaun Yurtkuran breaks down two of the biggest legal questions surrounding the upcoming federal bribery trial involving Hinds County DA Jody Owens, former Mayor Chokwe Antar Lumumba, and Aaron Banks.
First, where will the jury actually come from? Shaun explains how federal jury selection works in the Southern District of Mississippi, why jurors will be pulled from 18 different counties across central and eastern Mississippi, and why many potential jurors may know little or nothing about the case.
The show also dives deep into the entrapment defense and the FBI’s undercover sting operation involving fake real estate developers and alleged bribery schemes. Shaun explains what entrapment actually means, why these defenses almost never work in federal court, and how prosecutors use recordings and undercover operations to prove predisposition.
Former prosecutor insight. Defense lawyer perspective. Plain English breakdowns of how the system really works.

Does Entrapment Ever Work?
In this episode, criminal defense lawyer and former prosecutor Shaun Yurtkuran breaks down one of the most misunderstood defenses in American criminal law: entrapment.
What does entrapment actually mean? Are undercover cops and FBI agents allowed to lie, create fake businesses, run fake bribery schemes, and pretend to be criminals? Where is the legal line between uncovering crime and creating it?
Shaun explains why entrapment defenses almost never succeed, how prosecutors use recordings and undercover operations to prove “predisposition,” and why juries usually come back to one simple question: “Why didn’t the defendant just say no?”
The episode also discusses famous entrapment cases involving John DeLorean, Jacobson v. United States, and Sherman v. United States, along with the psychology behind why some jurors distrust undercover government operations while others see them as legitimate law enforcement tactics.
Plain English legal analysis from both the prosecutor and defense perspective.

In this 5 min clip, criminal defense lawyer and former prosecutor Shaun Yurtkuran explains how jury selection will actually work in the federal bribery trial involving Hinds County DA Jody Owens, former Mayor Chokwe Antar Lumumba, and Councilman Aaron Banks.
A lot of people believe the jury will come only from Hinds County, but federal court works very differently. Shaun breaks down how jurors are drawn from 18 counties across the Northern Division of the Southern District of Mississippi.
The episode also explains why this case is completely different from the Ted DiBiase Jr. welfare case, how FBI undercover sting operations changed the nature of the prosecution, and why the government believes recordings and alleged payoff schemes make this a far more traditional public corruption case.

One of the more interesting discussions from Saturday’s show was my theory that if anybody flips in the federal bribery case, it may end up being the Mayor flipping on the District Attorney.
Why? Because in federal conspiracy cases, everybody starts doing the math once the recordings, money trail, and sentencing exposure become real.
In this clip, I break down how cooperation agreements actually work, why prosecutors love turning co-defendants against each other, and why the pressure inside these cases gets brutal once trial starts getting closer.

On today’s show, I explained why the federal bribery sting case involving Hinds County DA Jody Owens is very different from the famous John DeLorean FBI sting case, even though both involved undercover operations, recordings, and entrapment arguments.
The biggest difference? In the DeLorean case, the government looked like it was dragging a financially desperate businessman into a crime that would not have existed without them. In the Owens case, prosecutors are going to argue the recordings show somebody who already understood exactly how political bribery worked long before the FBI showed up.
That distinction is the entire ballgame in federal court.

This week on Both Sides of the Bench, Shaun breaks down the federal bribery sting case involving Hinds County DA Jody Owens, Mayor Chokwe Antar Lumumba, and Aaron Banks after a federal judge denied the motion to dismiss but allowed the defense to argue entrapment to the jury.
What is entrapment really? Can the FBI create fake crimes? Are undercover agents allowed to lie, buy drinks, fly targets around, and pretend to pay bribes? Shaun explains how federal sting operations actually work behind the scenes and why entrapment defenses almost never succeed.
The show also dives into the infamous John DeLorean cocaine sting case, the difference between uncovering corruption and manufacturing it, and the uncomfortable reality of the “trial penalty” in America’s criminal justice system, where defendants who go to trial and lose often receive far harsher sentences than those who plead guilty.
Former prosecutor perspective. Defense lawyer perspective. No law school lecture. Just how the system really works.

This week on Both Sides of the Bench, former prosecutor turned criminal defense attorney Shaun Yurtkuran pulls the curtain back on how criminal cases are really built and why “being cooperative” with police can sometimes make your situation dramatically worse.
Hour One focuses on one of the biggest misconceptions people have about the justice system: police are not your personal investigators, therapists, or defense team. Shaun breaks down how traffic stops, interrogations, Miranda rights, and simple roadside conversations often become the foundation of criminal prosecutions.
Hour Two dives into how people accidentally build cases against themselves through panic, social media, jail calls, talking to witnesses, deleting evidence, and trying to “clear things up.” Shaun also walks listeners step-by-step through what actually happens during a first-offense DUI in Mississippi, from the initial traffic stop all the way through plea negotiations or trial.
If you’ve ever wondered what really happens behind the scenes in criminal investigations, this is the episode you do not want to miss.