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Insanity defense for CO shooting suspect?

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    Colorado shooting suspect due in court Monday

  • Duration 5:17
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The Aurora police chief held a news conference earlier today.

And I asked them about the prosecution of James Holmes.

-- You talk about the fact that there is that federal state local agencies are working together he had to separate crime scenes here.

Would this be prosecuted by the locals or five advance reports of possible that both heavily dependent on the sentences.

I I think I've I've had quite a few conversations with US attorney.

And of course the district attorney in at this time everything is pointing towards a state prosecution on all charges.

Homes will be in court on Monday where we might possibly get an idea of what is offense will be.

This public defender will be a gentleman by the name of Daniel king.

-- Dallas defense attorney and former prosecutor Jeffrey gold thanks for being with us this evening -- judge.

All right now we know that Monday he's going to be a -- do you -- -- -- -- gonna happen or -- do you think that they're they're gonna talk about -- -- I think he's likely and I think it's likely that they're going to that -- not guilty by reason Saturday.

They can do that and still be not guilty as well as to every other kind of defense but they need to do that under Colorado law there's an exception.

They can wait if the judge gives information but generally speaking in a case like this if there's an arraignment.

I think they're -- -- -- get this Jeffrey.

If you've got a case of momentous proportions like this case they haven't even had a chance to go through the hole right where the defendant off what.

That's turning what proper obscenity but I think that hasn't even -- I agree but that's Colorado law the.

I agree that really -- something that would normally come later but under Colorado law you read it now you still can have all your other defenses -- just the way it's written in is that okay.

And of course a statute makes it an affirmative defense and I don't wanna get to in the -- here.

But it the prosecution has proved that -- -- -- well that's right it's affirmative defense but not all the way once it's asserted once they put forward a little bit of evidence.

Is this state still has to come back -- and prove that he say okay now do I both know that insanity doesn't generally fly.

Do you think that people are gonna say -- I have to be out of your mind to do this or they gonna say you know what about what these excuses yeah I mean -- Do remember that the shooters in column -- Were dead.

There was nobody to hold accountable I think the people of Colorado waiting to hold this fellow accountable and I'm -- -- one thing I haven't heard of all the media today.

Is about the the booby traps.

You know that booby trap was -- jokers joke that was meant.

He thought about it and he said this is going to be the jokers joke somebody is gonna hear that music in the middle of the night and come in and what a little joke.

And the amazing part of it Jeffrey is bad there is a woman who lived downstairs and went upstairs and opened the door because you heard this trance music.

And all of a sudden she backed up that space is needed she is even talk about the heinous -- about it but he played the Joker not the -- man.

-- he played the back and many maybe he could say that he was trying to do the right thing all right Jeffrey let's say he's playing the -- mean.

Does that he's crazy or just people doesn't mean that he's crazy yet and -- the note you know that this.

The test is in the Norton has released -- what he has to not know the difference between right wolf well.

He's picking wolf he's picking an evil current -- these books still believe evil he's not saying I'm back.

And then these people are evil in the theater.

That would be not knowing right from all of this guy knew right from the he knew right from wrong and -- asked for a lawyer didn't think that's exactly right and -- but that's the first part about it whether he'll be incompetent and I don't think he's gonna be incompetent for reasons exactly.

Like that and you know I love I have to tell -- Jeffrey I looked at the Colorado statute.

And I thought it was very futuristic the way the Colorado legislature.

Exempted from the insanity.

Acts that are born of revenge and hatred anger basically the Colorado legislature was saying you know what.

-- liked the fact that if you're angry and we've improved you're angry edit your hateful.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- That's what people coming to what was only insane for a minute like that that recent -- For jetBlue or whatever it was only insane for thirty minutes.

They're not gonna allow that have to happen.

Here so it's going to be very interest and you have to really be out his mind just this huge -- well you know there are those who would say that you know he's probably a schizophrenic and all that.

But don't you think there has to be -- history.

Mental illness of some sort of outrageous behavior and don't -- as a traffic I don't think there has to be history but I think he has to be out of his mind literally not know what's going on and he he understood what he was doing which he's creating a plan a very intricate plan to make a movie scene.

In a movie theater.

And then have a booby -- as a little -- joked that the Joker would make.

This guy he's -- -- -- that -- get a fair trial.

That's -- the hard when he's acted like it tell us.

Okay that's -- as well you know what the true definition of a terrorist would require some motive a political motive except -- but.

He's acted as -- very intricately widespread injury.

It's -- -- be hard for -- to get a fair trial but that's the best he's -- he's gonna get the best -- can all right Jeffrey thanks so much for being with us this evening.

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