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-- thank -- -- and many of those victims families now calling for the shooter to face the death penalty but does he qualify.
There's a lot to think about -- fox is -- legal analyst Peter Johnson junior has been looking at what do you think.
Yeah -- -- qualify for the death penalty.
There are three people on death row now one person executed.
In Colorado couple years ago they tried to outlaw the death penalty and lost on that issue.
I see there's about six different aggravating factors that could apply to the the movie massacre here that would call for the death penalty the first is that isn't especially -- or cruel crime.
Did the defendant has to put the lives of others at risk in addition to all the victims.
The defendant killed.
-- the victims while lying in wait.
I think this is this case now.
The murder took place.
As person for being held as shields them from chemical weapons perhaps -- -- tear gassed.
And then the -- intentionally killed more than one person.
The multiple murders in the in the attack so.
It actually does qualify for the death penalty the question though is for the death penalty yet this jury have to rule.
It does and and and and the other important thing is.
Even if he's acquitted.
Even he's not successful on the insanity plea and then he's convicted of the crime his emotional state and his ability to know right from roll.
Will come into the penalty phase.
Of the trial -- the jury for the second time we'll have -- an opportunity consider his mental state.
At the time of of the crime.
Here we hear this discussion we heard earlier about.
Trying to find out what the motive was -- and -- civil.
Why do we need the motive we know what he's alleged to have done sure we know what witnesses have said he's done.
The motive is important because on the insanity.
Anger or hatred.
As a motive.
From the Israeli defense so if anger -- hatred provoked his mental disease or defects.
Then he can not.
Take advantage of the insanity defense so they're combing through records to -- What's the basis of any anger and goal if is irrational anger that cause these acts taking place on that day.
The daily news here in New York is seen that you know while he looks like a zombie -- that right court appearance at twelve minute court appearance apparently.
He's being really polite to the guards when they bring him food and stuff like it thank you.
Wouldn't conflicting reports and earlier reports that he was spitting.
At at at the guard now he might be rational way fit she had a stud would think that grab will be for the agreement on and always in the command of something else.
But he was thinking well perhaps there is some medication going on in terms of his status now he -- and -- But looking -- and yeah it -- that maybe there is and when he was arrested after the shooting apparently he was -- bike and in some stuff like that yet.
All right -- -- just junior was a pleasure.
See of him if --
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