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'On the Record' legal panel looks at the prosecution and possible defense in Colorado murder case
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But this is not -- -- -- -- James Holmes is arrested right outside the movie theater promises if you were waiting for the police to -- -- -- and meanwhile his apartment was rigged with explosives.
The evidence seems overwhelming so much strategy could defense attorneys be planning.
Our legal panel joins us Michael Cardoza is in San Francisco.
Bernie Grimm and Ted Williams are here in Washington pretty let me start with you he is -- cities -- -- where he began.
When you go to see him at the jail -- everything's going to be okay did despite the fact that he's not going to be able to deal with that number two very important right out of blocks.
You need to have a psychiatrist see him.
Immediately -- numbers trade itself from now on I'm doing the talking don't open your mouth.
Anymore.
Michael what do you think looking at him on this video we're looking at right now on the court let's just got.
Well my first thought is that.
Joker from the movie the way his -- is.
And that certainly will play and to that defense because the only choice they have here.
-- to enter a not guilty by reason of insanity -- the first step here will be to see if he's able to stand trial can he help.
This trial counsel to prepare the trial if he can they move forward they enter the not guilty by reason of insanity plea.
And we go from there.
Ten found -- so I let you know the guy gets caught outside with the goods and it's got all these eyewitnesses it's the worst.
He is killed his destroyed so many lives of people it killed their loved.
People are in the hospital critically injured and Nancy apps that most incredible -- he's your client.
-- -- Well you do is suggest what -- strange call Michael and Bernie is somewhat spread.
The first thing you definitely want to do is try to give one of them have been very best psychiatrists you can find.
Barry Gifford spectacularly as you know grounder between half a sense -- and usually insanity defense -- -- straight you wanna do.
There's -- went to call for frenzied situation can't he participate in his own defense.
If -- found that he's not able to then they're gonna have to put it into a -- institution in jail.
He can participate in his own defense and -- -- gonna move from bad to probably be insanity defense.
That's the only way they can go in this case.
Pretty what's the point of the -- the fact mean it get -- -- instead offense and a survivor -- -- the any guilt phase in the near the -- -- Can you tell me the point of a defense attorney going -- the guilt phase when the evidence is so overwhelming.
Why not stipulate to the evidence and moved to the other and let's face it that's it only option at this point of the -- Prefer tactical reasons you would stipulate.
-- the evidence and just move for a -- insanity although some lawyers.
Believe they take two bites at the apple and for our viewers.
That means you get to have a trial in the marriage which is is he the guy who shot can somebody identified them and -- prove the case got a reasonable doubt.
Once that happens then you can your found guilty -- you can take another shot at it.
I don't like that because that.
The jury it's just too insulting for the jury because -- you're essentially saying India for my next magical trick I'm gonna pull a rabbit out.
My tour -- when we are speculate about what's with the weird eyes in the movement and it looks and -- -- -- hairs right out of and I mean that's.
Right on the central casting for the Joker.
Your -- -- that I stuff and I mean.
And -- -- drug and direction from his -- as well as this guy you know thank I don't.
Think this is Soledad as horrific.
As -- was.
We all know that -- -- -- meant something mentally wrong with them.
But will -- hold.
Under a defense so it's not guilty by reason of insanity of course not the emotion of this case there's no jurors that I know.
That would find him not guilty by reason of insanity and they know if he's found not guilty by reason of insanity what happens this.
Then he's put into a mental hospital when I was prosecuted in a number of years ago.
-- person got out because the doctor said well he's fine now after being found not guilty by reason of insanity two days later.
He commits a murder I tried him again for that murder there were five psychiatrist.
That's testified that said he was insane.
The jury came back saying because they wouldn't take the chance that that person would ever get out of the hospital again.
People want him in prison the big question here will be will they impose the death penalty on him.
