Jail time for the Monterey Five?: A legal expert’s take

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Season 3 of Big Little Lies would likely include the Monterey Five telling the truth about Perry’s death. What legal consequences would they face?

There was one crucial underlying question during season two of Big Little Lies: if the Monterey Five told the truth, what (if any) legal consequences would they face?

It’s unclear why this was never explicitly discussed in the show. As concealing the truth became more and more stressful, wouldn’t the women want to explore the potential repercussions of coming forward? It would all have been speculation, but someone with a legal background like Celeste could surely have provided some insight.

Although the show didn’t provide the answers, we now have a bit of clarity. Matthew Dessem of Slate sat down with the actual Monterey County Deputy District Attorney, Nana Knight.

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If the show’s plot played out in real life, Knight’s office would decide whether to bring any charges against the women. The interview provides insight into how the case would be handled in the “real world.”

Key Takeaways: Telling Truth Up Front

The interview first discussed whether any charges would have been brought if the women had told the truth from the get-go.

In this case, Knight suggested that only Bonnie would be under any consideration for legal repercussions. Still, it seems self-defense would be a strong excuse for her actions and she wouldn’t be charged for any crime.

“Now we have to look at the element of self-defense, or defense of another person,” Knight told Dessem. “I would argue that she has a pretty solid ground for defense of another, which would then negate any kind of charge against her for homicide.”

Key Takeaways: Telling Truth Later

But what if things played out like in the show? What if the women initially told a different story and came forward to tell the truth later (as they might in season three)?

It seems that failing to tell the truth upfront wouldn’t change whether Bonnie was charged with homicide; she would likely still be cleared via self-defense. However, the women would potentially get charged with conspiring to lie to the police and concealing evidence.

Knight explained: “Are they accessories to a crime? Maybe, the crime of withholding or concealing information from law enforcement.”

Knight went back and forth on whether the women would be charged for this.

Wouldn’t Charge

On the one hand, Knight said: “In all likelihood, I would not charge these women if they’re going to be cooperative and if they’re going to enable us to get to the truth of what happened.”

Would Charge

“I mean, they’re really lying to the police, they’re conspiring. And maybe I would charge,” Knight continued. “I think an argument can be made that that conduct is egregious.”

Even if they were charged with a crime of this sort, Knight didn’t think any would see jail time (assuming none had a criminal record). She used Renata as an example to illustrate this:

“Well, I mean, Renata probably doesn’t have a criminal history, right? So, she would be eligible for probation without limitation…If she violated any of the terms, then she could go to jail.”

To find out whether the Monterey Five will face any legal repercussions, we’ll have to wait for a season three of Big Little Lies (which is far from confirmed). Assuming the showrunners don’t stray too far from Knight’s commentary, it appears telling the truth would be the best decision for the women. They would be able to clear the consciences and likely avoid any serious legal repercussions. Sounds like a good deal.

(Source: Slate)