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'Slam dunk' case against James Holmes?

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    Judge Alex Ferrer weighs in

  • Duration 4:04
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But the new information on the suspect in the Colorado moving -- -- an attorney for the parents and James Holmes say they're standing.

By their son the world getting its first look at the accused gunman in his first court appearance yesterday.

The 24 year old looking dazed he can -- his hair dyed bright orange.

Formal charges are expected next Monday one of the questions -- asking today -- how this case play out judge Alex for rare hosted judge Alex.

Joins us now and judge Alex what are the questions -- viewers have is is why do we have to wait so long here's what the DA said in Colorado yesterday.

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 -- very sound hard on this case to come prosecuted just like you would any other case.

-- there's no other suspects are so much evidence why isn't it a slam -- I think she's being politically correct.

I think it's a pretty strong case.

I granted there is no slam dunk case -- still gonna have the defense of insanity we don't know what his defense lawyers are gonna dredge up.

Two to support such a claim that's only defense against him -- he can't raise reasonable doubt because there's a mountain of evidence against -- he can't -- self defense clearly not.

Not justifiable in the circumstances that in any way shape reform he can't claim this identification so they -- -- really he's got left.

Is insanity.

So I think the district attorneys being.

I guess politically correct she probably has a very strong case but she's right there is no slam dunk you never know what's gonna come down the insanity but.

The judgment of other things of the DA said yesterday -- that she wants to talk to the victims and find out do today you wanna pursue.

The death penalty and that's that's interesting that I mean obviously you do what -- reflected those that you're representing.

Do you see this possibly.

If the victims do not want to pursue a death penalty not even going to trial and some sort of plea deal happening here with life in prison.

I mean that's certainly possible they've been the only way that that would be possible -- is if the victims' families and the victim said.

We wanted to plead out we don't wanted to go to trial without that.

Absolutely not I just don't see them rolling over and saying we'll give you -- -- to life I see them pursuing the death penalty in this case.

Right now -- in this this land of speculation obviously about this young man this alleged murderer and I'm just curious to drop on your experience as a -- Hat that there's been a lot of speculation -- behavior in court about as appearance as well.

-- -- What do you think about that is he said -- is he setting some sort of ground work for his defense the potentially an insanity.

I defend simply by those actions or do you think in some way.

This is just genuinely wanted to keep his hair like that he wanted to act this way in court and work group you know what we see is what we get.

It's too early intelligent.

We don't know enough about his background but there are the prosecution's gonna have a lot of ammunition to go after him on the insanity defense and let's face of one of the test is do you know the difference between right and wrong and are you able to conform your actions.

To that and and clearly he -- walk into the theater carrying the machine gun in the shotgun and he knew enough.

To say I need to sneak out and exit and go get the weapons -- that shows a consciousness of the difference between right and wrong.

But there -- -- be other factors to consider have I seen -- do a kind of play up their mental illness.

Dozens and dozens of times and with a guy who has only defense is gonna be insanity I could certainly foresee that and he's intelligent enough.

To sit there and kind of make it look like he's out of it when -- on the other hand you know he's -- out of slept very well considering the fact that everybody imprisoned everybody in jail wanted to -- him that night.

So you may not have -- very well now might have affected his demeanor but as we go further in the case.

You know will things will develop their wills and we'll see where -- check out -- have your expertise today thank you so much it was a pleasant Jenna.

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