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Colorado shooting suspect: Insanity plea likely?

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    Suspect allegedly planned attack for months

  • Duration 3:07
  • Date

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The accused shooter in the Colorado -- movie massive current reportedly being held in solitary confinement this morning for his own safety.

And just a few hours the first court hearing for the suspect we'll get underway there are reports that he might not appear in court after all.

Because of the safety concerns defense attorney -- Jackson.

Inflation -- it all down for us thanks for being -- -- -- Pleasure -- a lot happened over the weekend suspects held without bond appointed a public defender court appearance today 930 -- time 1130 our time on the East Coast.

What do you expect to happen.

I would expect at a minimum that the prosecution will lay out and give probable cause as to why he's being detained obviously because we have a constitution you can't detain people indefinitely without a basis to do so so I would expect that the district attorney would lay out some of the elements of some of the crimes that he's facing so that the judge gets an indication in the sense.

That he's being detained lawfully legally and legitimately -- what's the purpose of today's hearing while what you wanna do would you wanna do that you want to establish that there is a probable cause to hold the detain the person and you wanna again reaffirm that the detention is legitimate and lawful I'm sure they will do that right yes yes I I believe they will have no problem with -- at all.

-- -- -- -- does have the death penalty.

Only one person XEQ did in the last 34 years three people are on death row right now to put there by the district attorney.

Who is set to charge homes you know or the suspect should mention his name sorry about that.

Let's try not to give him.

Now absolutely.

No no attention whatsoever.

Colorado does have a death -- you indicate however since 1977.

Has only been that one execution what does that mean it means the likelihood of an -- you should hear it you know may not occur.

I think if evidence -- case for an -- fusion this would be why because -- -- aggravating circumstances that are met here.

I mean when you plan and plot an offense like this you kill multiple people a child involved here.

It's particularly heinous act it meets all the statutory elements of the death penalty I'd be curious to know how aggressive they are pursuing it.

Not withstanding the fact they only three people on death row and one has been executed this may be the second.

All right what about the insanity plea lots of talk there but this guy.

Went to extremes to plan everything does that negate the insanity I think it would I mean ultimately what happens is is that when you look at this and you look at the nature of the offense that was committed the armor that he got the guns in the weapons the cachet of things.

That the armor that he had on -- himself at the time -- the -- trapping of the apartment -- certainly would go to show someone who was -- someone who was logical and someone who premeditated this act which would go against.

I just had a you know a fit of anxiety -- do you know what I was doing so I would.

Largely suspected any indication -- and insanity plea.

With them.

Which you plead insanity if -- -- your client -- you know here's the issue -- insanity defense is -- raise about 1% of the time just to give some sense and the other thing is is it's fails even more than that it's successful maybe point 25% of 1% of the time so it's a defense that in large measure rejected by the public Joey Jackson always great to have you on thanks.

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