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How do you defend the CO shooter?

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    Joey Jackson weighs in on the public defense of the suspect

  • Duration 7:30
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On today but were fortunate to have what this Joey Jackson is a veteran.

Defense attorney and you know Joey.

No charges.

Are filed against him -- -- reading court against him today but that will happen next Monday but in the meantime I have to believe.

That.

His newly assigned public defenders and he's got a team of them.

We'll ask for.

A psychiatric evaluation of the state hospital to determine whether or not this -- even competent.

To stand trial.

It's gonna happen it has -- -- why because obviously under the constitution you have to do you know be lucid and clear and you have the right to assist in your own defense.

Horrible story right I mean we've talked about a lot of stories this is probably the worst that we've ever had to comment -- He'll get in a valuation.

The forensic and other -- psychiatric evaluation is will determine whether or not he is indeed competent to assist with his defense.

And in the event that that happens of course the -- will proceed charges will be filed against him we fully expect that they'll be first degree murder twelve counts -- Hopefully it stays that way dragon it doesn't go and -- to multiple more counts and that.

But that's the threshold matter that you point to and -- threshold matter is whether or not he has the ability to understand what he's doing what he's doing there what charges he's facing.

And -- assist the attorneys and defend it.

-- and you know that sounds very simple and very easy.

But I would point your attention to the Tucson shooter Jared -- it has been a year and seven months.

And he has yet to be held competent to stand trial.

He has been diagnosed as schizophrenic delusional.

And it now there is this legal Tug of war as to whether or not the state can force him.

To take his medication he refuses to do so that issues up on appeal the next court hearing in that Tucson case.

Is August 7 so -- -- a case where a year and a half plus has gone -- -- And he hasn't yet been held competent to stand trial so far -- and understand the charges against them -- can't help his lawyer.

Exactly it's a great parent Greg and I think that's what they'll look to.

You know in terms of everything -- -- you know was based on precedent.

And of course although that shooting was different different circumstances different issues you can look -- that for some measure of guidance.

I think here what they'll do is still determine whether or not he's fit and what they'll do and you and I would just talking about before we came on -- Whether this is indeed his reality or some other reality and -- you know was he playing Joker.

Thinking he was the joke -- somehow so out of sorts out of mind.

With a whole premeditation in the whole planning it's not really used right.

In an effort to show that he premeditated and planned it was lucid but rather was operating in this that distant reality that he called the reality of his own.

And then let him to commit this act and so I think all that'll happen.

And as you know it won't be left the one person.

I think they'll be multiple -- expert to look and evaluate him.

And then of course you can have contrary opinions as to whether or not he's schizophrenic is he bipolar is he -- is it pretend.

And as you know very well we've talked about this in terms of the insanity defense.

Was used in 1% of the cases -- a successful and a quarter of 1% of the cases the public doesn't like it too much.

Yeah I insanity in Colorado follows pretty much the general would not rule that applies in most states and that is a mental disease or defects so severe that you cannot distinguish right from wrong.

-- conform your conduct to the requirements of the law.

He may have a mental disease -- defects but he may know right from wrong and which -- saying legally right.

But that will be -- -- first you've got to get him -- competency stage -- and you get to the plea of insanity.

And you know let's.

Put a few pieces the puzzle together here.

He has on his answering machine is arguably incoherent.

Message.

And it's inspired by the bat man movies in characters in comic -- He -- is here British war.

He announces before he shoots up the theater I -- the Joker.

Once he's captured by police he identifies himself as the Joker in tackles.

You know the infamous Joker wow off.

And now we see him in this current stayed inside the courtroom.

If he is delusional in some way a psychotic episode -- could last arguably four days and weeks and even months during the course.

Of the time that -- find the weapons in the ammunition 6000 rounds right.

And he's living in this sort of fictional.

Universe this alternate reality in which bullets.

Don't really killed people.

It's it's it's it's optional -- it's comic book it's a movie I didn't actually killed those people.

Arguably it negates the intent to kill and qualifies as insanity it could.

And I think the scenario that you lay out Greg using the exact scenario that I think the attorneys will have to pursue.

I mean anybody looking at this and evaluating this from afar what have to envision or imagine that a person who did this is -- to begin -- And so what happens is is that I don't think anyone in the general public a populace would think that someone would commit this who was lucid and clear.

And who had their wits about them and so therefore.

What's the only other scenario that you have someone who was operating on a plane that he just is detached.

So so far detached from what is right from what is wrong.

From what is real from what is imagined that he would engage in this kind of behavior and so I think that's absolutely the Alley.

That his attorneys are going to go through the -- -- I would hasten to add the following.

That of number of things he did which show that he was pretty lucid.

Now if you're going to after being captured by the police talked to them out hey by the way you know don't harm yourself when you go and I -- these explosives in my -- they need to be defused.

And so the issue would be if he's operating in that reality.

Why would he not believe that reality is he's the two is still.

All the Joker is reality yes and if he would have it in fact there is one could hear comic book -- and story line which.

One of the evil characters shoots up a movie theater.

And you know of his sky and apparently according to one of his classmates in school that he was absolutely obsessed.

With movies and in -- irrational.

Sort of way.

So that -- it could be it could've been something that was being played out.

Over a number of weeks and indeed miles -- that are absolutely that would here's something else.

He surrenders to officers without incidents a defense expert could org you and likely will argue.

That this shows that he didn't see anything wrong with what it -- -- he did have yet.

Well before could argue that you know what he exacted a pound the flashy did exactly what he wanted to do -- he was satisfied with what he did and said fine take me I've already done the thing that I plan to do and so clearly they're going to be experts on both sides psychiatric experts who speak -- What he did -- his behavior and does it show logic does it show reason doesn't show someone who -- and dozens of some someone who's coherent right what does it show someone who was on a operating in a different reality or anything you can -- logical.

In that separate reality.

That's an interesting question for psychiatrists.

This.

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