Will the death penalty be sought in the CO shooting case?
Lis Wiehl & Tamara Holder discuss the legalities of the CO movie massacre
- Duration 9:15
- Date Jul 24, 2012
Lis Wiehl & Tamara Holder discuss the legalities of the CO movie massacre
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All right I wanna -- I'd get first of all I had to the dreadful story of course of the movie.
Last shootings in Aurora Colorado and the question now of web James Holmes who is the -- -- shoot -- get accused of killing.
Twelve entirely innocent people.
Is going to face the death penalty -- listen to this comment from the district attorney who is prosecuting the case.
There's so much that victims have to take into account and and victims will be impacted by that decision and an enormous way for years if if the death penalty is -- that.
That's a very long process and that impacts their lives.
For years and so they will want to have and we will want to get their input before we make any kind of a decision on a much.
For -- such an interesting point -- so easy to think in a situation like.
That as the parent -- husband wife -- one ever.
All of one of the victims.
This did not -- reaction is death penalty but -- was interesting -- she said that's something that then you have to live with but I think it's a good thing she stepped back and we are gonna talk to the victims -- don't forget the prosecutors.
Are not the victims -- the families of the victims and they're not mean as a defense -- you know that you know your client is that the actual person there not for the prosecutor.
But is that eight ball exactly -- all of the state and -- the government right but that being said it's Smart for her to go to them reach out she would be doing that anyway any of the prosecutor always reaches out to victims victims and talks about victims and was talked about what do you want.
And she's got to explain -- got to lay out young quick look at the death penalty it will be much longer than life imprisonment but on the other hand.
That is something that they may want to see they've -- the victims' families it may take a longer time but eventually you will have that you'll so that was the boy has time.
-- that it takes longer for those victims to see -- -- if if they push for the death penalty or is it or is it more the sense that.
Then that as somebody who's push for the death penalty as a relative of a victim or whatever you live with a certain sense of responsibility.
Taking the life of that.
Some say it's really admirable that a prosecutor would say something like this it is generally we hear from prosecutors whether -- -- murder legally or any other thing.
We're gonna seek.
The full penalty up a -- Howard that -- at the -- and not face the death penalty rang and so that I think shows on that they are concerned with victims' families.
But it's not necessarily looking at that how the case changes throughout this proceeding.
It may be just values of the family there remember there are a lot of people who lose a loved one and they say I forgive that person right our.
Who you know I'm so happy that the lot of fat person on your hand.
It's -- could be which I used -- -- -- but -- but even after that the prosecutor has to decide.
In our system of justice but -- proponent or opponent of the death penalty.
If we if we have set as a society that we will have the death penalty.
Then it's not for this case went bananas a prosecutor for a county for a state.
You've got to answer to the people of your stay in your county and say.
Okay and my poem the lost or not.
And yes and -- -- more difficult to open the death penalty and yes and it became more things and I'm sure is a good defense -- camera would try to come and say look up please him out if you take death off the table from.
So that's another place that they could go and save the state and Colorado a lot of money it's possible others.
Also -- there's also the political aspect of this too you know a lot of states attorneys are elected officials right and so they wanna make sure that their constituents are far happier -- -- -- Are happy with their decision because they don't want to risk their entire political career in Illinois we just had a marked -- a moratorium on death penalty you know garner.
Bryant and then.
Governor plans to.
Rightly offend them exactly that was so political -- I was so angry but I remember it.
It in Washington State when I'm -- when I left watching the State's move -- for fox the Green River killer had just been commonly number.
And he was not given the death penalty why because -- save money for the state of Washington and there were some things people is -- uproar about that even though to say it did stay in the state.
Millions of dollars all right what -- bad.
He that somewhat bizarre first appearance -- called.
Judge James Holmes yes today -- what did you make of his demeanor ICB falling asleep.
Just sort of out of -- I mean do we assume that.
He's on some sort of sedatives do we assume he's playing a role do we what do we -- what are we take away from that.
I think that it would be unfair to assume something -- since we are analyze and look at things.
I would say that he's probably been a valuation it put him on some -- -- right most likely.
Probably because they don't -- him to be a threat to him.
It solved and -- danger to himself you don't believe there's -- acting going on there c'mon I mean this is a Smart guy I've got to think that when the prosecutors get through.
All of the computer records all of his.
Research -- all the things he's done the last 567.
Years even even 56 months.
They're gonna find things about insanity defense computer searches about that.
He's not a dumb guy this didn't happen overnight was very meticulously very well into my hands are.
Well we're talking about this before we came on and you know that that's something that's very hard because what -- The most famous insanity defenses was that Hinckley -- standing in -- right he shot President Reagan and the defense attorneys had a really hard times -- determining.
Okay does the person really understand the -- -- of their conduct or they exist you know crazy.
I'm crazy not not medical term and there's a very fine line right there's no history here that we know a lot.
That he hasn't yet just in its latest release of are pretty accomplished this very accomplished with some -- -- the road obviously he's trying to pull off from school but you know as well I do that that the law after Hinckley was changed back to make it easier frankly for prosecutions.
To avoid insanity defense so that all they all.
You have to show it would is that he -- he knew right from wrong I would say exhibit -- -- over the prosecutor will have a lot more than -- -- area hoping where there's a trial if there is a trap.
When he was arrested.
He told law enforcement forget about the horrible scene before that he told law enforcement hate.
My apartment they trapped.
Well why would you tell law enforcement has been trapped if you don't didn't know there's been wrong about that what we're eating right term problem bottom helping handing out buying weapons over the course you're right on -- -- like a little bit.
You know it's if they choose to go to the insanity defense is going to be -- -- tough sell what else that is yours is coming -- and whatever else you go write about it.
Art before we wrap it up -- get to one of the subject of much talked about this week had the NCAA.
-- -- some pretty stiff penalties against Penn State in the wake of that -- full sex abuse scandal Jerry sandusky found guilty of course of molesting.
A number of employees over -- a very very large number of years.
Now Penn State it it's not the death penalty is they called it -- that not shutting down the global program but -- penalties they've introduced.
The -- going to change Penn State's football program for a decade.
At least and on and right or wrong.
Right and I feel bad for more -- -- -- innocence before we send us giving the young boys those are complete innocence.
And he's a complete -- these young men -- -- coming into play football they had going in with expectations high hopes he doesn't wonderfully high school doing all of this you know prepping for this our whole lives and now they get this great scholarship and that's think it's and I feel I feel.
Horrible for them and more in -- sense but it's because of the adults right to engage in this horrible -- animal behavior.
The similar -- that this the similarity is when a parent goes to prison -- also punishing the child or parent leaves behind.
So what -- you know to bounce snack but.
At the end of the day so I've really do you feel bad for those future athletes who have their potential to get a college education.
Play in sports but.
Also there any other schools are exactly not it's not like it was there and you have -- -- NCAA said you can transfer anywhere else.
-- not -- that's easy to do now you're already had really started trading look at their scholarship and in India transcript -- freshman year I mean are things -- that can be done but.
Now they're yelling like -- wire clutter and a lot of adults and find itself got collateral damage and isn't just it it's not just that remembered that at that -- -- major money from boosters and right sponsors and things like that so they're on.
But the school -- on the schools should suffer for the -- seems to me for the actions of adults who have pledged half -- with just withstand dusty.
You could say that's horrible and one man's transgression obviously.
But the fact that as we got more facts in front of the fact we found it went to the very top you know well how does that any organization.
Say -- about music just.
-- -- -- -- they can't get somebody has to pay we'll see what it does for Penn State in the coming as the certainly the football program.
Is going to be a lot up for us in every sense for quite some time all right at least -- -- -- -- -- thank you very much great to see again as always I.