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Legal fallout from movie massacre?

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    Peter Johnson, Jr. weighs in

  • Duration 4:38
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Let's talk about the legal -- unfolding against the suspect on Monday 24 year old James Holmes he is the suspect in Colorado shooter.

He is expected to face a court hearing.

For the roar -- movie theater massacre if homes pleads not guilty by reason of insanity will it be after the prosecution.

To prove that he's -- Fox News legal analyst Peter Dawson junior Easter break down what happens next in the case -- -- -- and good morning Peter thanks for coming in gets -- -- the immediate next steps Monday he's going to be in a courtroom this you have to speak.

8:30.

Monday morning Arapahoe County -- he'll be an arraignment.

And there will be some presentation of charges he will have an attorney.

He he he is not cooperating at this point although we're -- understand that he did cooperate to the extent that he said.

That is apartment was booby trapped.

And then there will be an imposition of charges will be -- grand jury I anticipate that felony.

That murder charges capital murder charges.

Will be brought and they will be seeking the death penalty based upon aggravating the circumstances the fact that there are multiple deaths.

And the fact that it will be charge that this is a cruel and heinous crime.

I also anticipate.

That he will be entering a at some point a not guilty plea by reason.

Of the insanity.

And then under Colorado law and it's different than many many states and United States the burden will be on the prosecution.

At that point to say.

And.

That he is saying now -- let me stop you -- explain what that means in most states.

It's the burden on the defense to prove this summer is insane it's led -- in many states it's a burden of the defense he has to put -- and evidence and it's their burden to prove before a jury.

That the defendant is insane and therefore not responsible for his -- but in Colorado.

The burden will be on the prosecution.

To prove his sanity and that seems.

Very tough because when someone goes on -- murderous Rampage.

Doesn't that by definition suggests that they have mental -- well already handed in their different -- -- test so across that in the country.

In Colorado it's called -- -- Norton rule.

With the irresistible impulse test.

That is a very a fancy -- way of saying.

Yes he can appeared to act in rational Cogent way is somewhere landing -- -- planning this premeditation.

But if he suffered from some irresistible impulse.

Something in his mind that forced him that compelled him to do it by -- reason of some mental disease or defects.

Then.

He can be ruled not guilty by reason.

Of insanity so it's kind of a complex test but it's a high burden for the prosecution.

To -- -- The allegation that the man.

Is he insane so there's a lot of issues.

And a lot of complex.

Tough work ahead for the district attorney's is it customary for the defendant the suspect to speak any of these your reality here is what he will not speak I mean -- -- -- -- client.

I'm not to speak his attorney.

There will be entering the plea on his behalf at the appropriate.

Time there will also be an examination at some point as to whether he is competent.

Whether he is sane enough to stand trial.

Two issues is he saying now was he -- at the commission of the crime if in fact he committed that crime there will be an examination.

A court ordered examination a -- ordered site psychiatrists saying.

Can he cooperate in the zone defense does he know what is going on at this point as -- Eight didn't fire trucks.

First responders have -- surrounded his apartment.

If that apartment blows up their goes a lot of evidence.

As well I think the evidence is clear I think the evidence in my opinion.

They captured him outside minute -- -- is -- -- I think they'll be they'll be a hundred witnesses.

Or a hundred less.

A dozen.

Who will be able to identify him.

As the shooter that's my surmise in this case I hope that it he has an attorney that they've worked out some agreement with that attorney at this point.

To cooperate.

In helping the police.

Open up and say what exactly is in.

That apartment because we do not need police officers or firefighters to lose their lives and we don't need property damage.

Unfortunately it appears that the carnage.

Continues.

Even on Saturday morning.

You just you thanks so much for your expertise -- -- --

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