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Movie theater massacre not an 'open and shut' case?

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    Peter Johnson, Jr. weighs in

  • Duration 3:20
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I'm prosecutors in the movie -- case.

Have a little more than two months to decide if they'll seek the death penalty against accused shooter James -- but despite all the evidence stacked up against homes.

The district attorney says it's not exactly an open and shut case.

I would say there's no such thing.

As a slam dunk case.

-- it is a case where we will we're still looking at the enormous amount of evidence and we would never presume that it would be slam -- we will work very down hard on this case to.

I'm prosecuted just like we would any other case so issue right here just.

So that's not -- that she says you better think what she's saying is in any case there's a lot to be done you have to have a timeline here you have to show.

Which witness says they saw Holmes in the theater which witness that -- -- exit the theater.

To the needs to be step by step stage by stage witnessed by eyewitness to put the case.

Together but that the bigger task is the insanity issue and if there's not a guilty plea there will be an insanity defense.

Put forward in under Colorado law.

There are real burdens for ms.

chambers as the prosecutor in this case.

Number one they're not entitled under lot of Colorado -- case law to their own exit him.

Their own sake get -- exam in this particular they have got outside psychiatrist.

An outside psychiatrist.

Retained by the defendant.

In this particularly case.

The other part is the burden shifts.

Meaning that once the defendant pleads insanity.

It's then up to the prosecution.

To prove.

That James Holmes is saying and to do that without a psychiatrist.

Who actually examined.

The defendant homes that's -- hard -- do you think that the said the insanity defense was bill is beginning to be built yesterday by this guy who definitely has a pretty good intellect as you seem not off one minute looks auto the next minute.

Dismayed the next detached the next yeah I don't know whether it's true schizophrenia depression.

Lack of sleep or -- valley and medication.

Or he is the new -- Heath Ledger in his mind one minute opening his eyes wide -- been closing his eyes.

One minute impassive next moment appearing to be somewhat.

Interest -- a bizarre display.

If you take that coupled with the notion that he goes into the theater and announces that I am the Joker.

Is he -- delusional personality does he really believe that he's the Joker.

Where is this -- can tabulation.

Is this is something they've come up with in order to beat the death penalty if you go back to the numbers you Colorado professors that got him into the school the Iraqi within school to talk to the people in this complex as say was somewhat normal -- -- -- And they say is normal tonight's -- suggests that the legal aid attorneys are gonna come up with a psychiatrist who says that this guy.

Snapped most recently and that he was capable of some normal activity right but then period -- Delusion that resulted.

In in this act insane or evil that's what all of us are talking about now United States and that's what this district attorney will be facing and they.

And -- -- moral issue right and maybe tomorrow we talk about the death penalty in -- and go with that yet let's talk about tomorrow right here -- -- -- thanks so much okay --

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