Weighing defense for alleged CO gunman
Legal discussion of case
- Duration 4:44
- Date Jul 27, 2012
Legal discussion of case
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Right now a funeral is getting under way in Texas for a father murdered in last week's Colorado massacre.
51 year old Gordon -- and originally from Texas had taken to his teenage children to see the movie when shots rang out.
The teens were not hurt suspect James Holmes will be in court on Monday to face formal charges.
So as a legal proceedings push forward what can we expect.
Fred TC is a former federal prosecutor general John -- Whaley and he's a criminal defense attorney and John I'm guessing you're glad you don't have this case.
I am very that I don't -- this case said the defense attorneys in this case have a lot going on for them and lock it up for them.
You've got a crazy guy or potentially crazy guy that goes inside a movie theater shoots everybody.
Everybody sees this guy so you don't have any evidentiary facts.
That could help the sky so the only thing left is his mental defense.
And Fred what about the mental defense there is a legal definition of insanity but there is also a clinical definition of insanity what's the difference.
There is John is a big difference and it's evolved over the years -- Ali back this year President -- -- John with John Hinckley and we've seen in evolve over the years but -- it when it comes down to it it's.
Really can you tell a different through -- right wrong and I haven't seen anything from this guy that tells me.
Did he can't tell the difference from right long and I'll tell you something else.
Still endorsing clients is no clients this guy's not helping himself I think with this thing about now -- -- amnesia whom everybody in the jail says is completely disingenuous.
Doesn't help so he you know -- think it works for himself.
If that is the case there is this report out of the Denver jail John that.
That he's been saying two to the guards you know why am -- here what am I doing in here what.
What did I do to get me put into jail it if that is the case do you agree with Fred he's hurting his defense.
He might he might be but who's to say that what his us situation is is mental problems are I've actuality I think that the only person I could tell you right now.
Looks like we have lost our satellite link up to John let me let me ask you -- question Fred.
There are a lot of cycle paths in the world and just people who for one reason or another have no conscience.
Does that does being a psychopath would that qualify.
You are qualified him to use that defense does that qualify as as a psychotic disease.
It you know I've had this debate about this debate on your show with -- psychiatrist whose names -- escapes me.
Up I'm sorry I think that those are people who are defined as lacking empathy that they they have no.
They have no empathy for what they've done they feel no they feel nothing wrong about having shot 58 people and killed a dozen people.
But that's not the issue and our legal system the issue is do you know.
Right from wrong and what this guy did you know did he take steps.
The kind of concealed his prior to it that we showed that he did something long you know I think quite frankly -- to -- -- -- -- thank goodness I don't have to.
And I want -- arguments I'd be making this is it when the police came we just kind of stood Darren got allowed himself to get arrested -- as if he had done nothing wrong being.
He took no steps to conceals activity took -- -- to hide it took no steps to -- confront the police so.
It at the end is your question John is is that that's not that's not enough to get you -- legal insanity defense this judge's -- And down on the information coming out of the courtroom there have been I guess to gag orders.
We're not gonna be in that courtroom with a camera again to catch more of these bizarre pictures of this.
Is that a good thing in your view the gag order for it.
When it you know like China made it to the public has a right to now and I think it I think -- they even for them for the victims I think it's helpful for them to see that the wheels of justice are moving albeit slowly like they always do.
But I also think that we if -- were in that area were in that time period where this is Tug between law enforcement's ability to do its job and having that compromised.
By information getting out I heard two people complaining because you -- -- Colorado.
Alerted the just prior to the time it made it turned over documents about his medical school record.
Pursuant to open records request -- you know once that information comes out once the toothpaste is out of the suit he can't put it back and -- right now.
I understand what he's -- but don't forward.
I mean embers yet Denver had the Oklahoma City bombing cases and these people you know have not handled big difficult cases and that was open -- the public.
It's a -- you know I think should be -- -- -- On real quickly John -- -- -- his back with us John change of venue I mean can this guy get a fair trial given all the coverage to this point.
Apps absolutely not there's no way.
This guy's gonna get any kind of fair trial in the state of California they have to move your state Colorado to California maybe to another neighboring state.
-- and well have stated on the backside at noon.
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