You're watching...
Lis Wiehl & Tamara Holder debate the role of the notebook that Holmes mailed to his psychiatrist
Also in this playlist...
Auto-advance: ON
Auto-advance
This transcript is automatically generated
-- -- -- I -- we -- we're gonna question it already from one of our view is on this I'd say it's that simple one.
But maybe he gave ultra right beyoncé had just a legal question how did they get twenty -- -- -- charges added twelve deaths and he says I guess you could argue thirteen because of the the miscarriage but to had to have -- twelve become twenty full.
Because they -- that what what they often do with indictments as if they don't get.
The jury on one count of murder they may get it on the other counts.
On the first one I believe -- mission premeditation second one has -- indifference writes I just human life human life exactly and as a prosecutor.
You you throw the proverbial saying can you -- -- get everything in their -- first charges because.
The camera saying you don't know have a jury might hang are not hang on something's got to give them everything -- -- opening chart alright there's your answer ultra right time read the.
The question all of that this notebook it seems to be.
-- -- do you know to have somebody who's not loyal like me review who's just stupid it seems to be a major part of the case.
But it's written to a psychiatrist.
So is it going to be allowed in -- shouldn't be allowed an -- Well there's going to be a pretrial hearing that's going to determine whether or not it's privileged material -- are very few privileges one is attorney client.
Doctor patient and then also the marital secrets privilege and so.
That is going to really depend on but back at the same time be the person who.
Gave the information so so the shooter in this case.
He's the one that holds the privilege so he could potentially say gas I want that and from -- -- defense wouldn't you in this case.
Almost want to get that out there because as well it could be exculpatory exit could help the shooter.
Really advocate is health calms it could establish status and it threatened to be really did write to the psychiatrist I.
You dominant all these terrible things in mind if she'd have that information right for this happened -- and it was pretty explicit and clear about what he was gonna do that -- -- -- -- right turn.
Had a reason that that's that writing my point and as a layperson really.
I mean if if adult to know -- -- hasn't even an indication.
What does that what does a lot of hate Islam that's on that if if you just go into a doctor and says psychiatrist -- -- -- exactly -- got these different privileges but if you opponents say in really feeling depressed some might just go.
-- something out the well let's not enough but if you go and say it.
Friday from next I'm going into a theater.
And I'm going to shoot people up and I'm I didn't get this arsenal to -- right.
Perhaps how many under the law is definitely enough to put the psychiatrist in the position of saying you have to turn it up.
But it'll look -- comment here that's different a lot of this is about what exactly what detail -- in not sure when I had and that's all privilege and you know.
That -- other question is because there are a lot of rumors as to whether it was sitting there and she just didn't look at it or if it was sent today into its medical center and was in the mailroom has -- -- -- so we don't know if she actually knew of days this mailing me and just neglected to open it or if there was in the -- -- -- to Webber -- Right so timeliness is definitely an issue show at least one and ended the issue that the media coverage of this trial good -- you.
-- of cameras in the courts for these kind of think this is an old debate I do like cameras in the courtroom because I don't think that lawyers at its lawyers and a grandstand they're gonna grandstand no matter what whatever is that they they see a high profile case like this are gonna grandstand not because -- any cameras in the courtroom but because -- -- -- -- -- be out sit out there waiting room where I'm getting getting an ex KG gonna look right exactly.
So they're gonna do whatever they're gonna do.
And I think we.
As a general public it's nice to see what goes on so that we're not relying.
Hate to say it just on -- reporters -- -- coming in May be and coming out with maybe they get it right they don't quite get it right.
I'll be there would be -- just -- -- there.
And I want to see I'm a proponent -- -- and one of the problems with the two Peterson case which you know is is another big case for joining me get to on.
Is the fact that in Illinois.
-- video cameras are not allowed in the courtroom.
And I think that we have the proceedings are public by nature and the public house writes notes is because you can't get there to the courtroom where most courtrooms are limited in space you should be able to see it.
-- right you just brought up Drew Peterson we just about got time to squeeze it in Lisa I Drew Peterson just -- you is is the cough.
Who -- what keeps losing his wives say he is charged with murder of wife number three -- -- -- before us is missing and has never been found exactly.
-- haven't found -- Republican same court is now she's unavailable on the winning reason that's important is because to get around -- hearsay rules.
It's not hearsay about what someone has said before if that person is unavailable lead they can't say that she's murdered and -- -- thing.
So the net how old half a case is if they've got.
They've got the older case of wife number 33 they're actually trying him on and they have nothing that they can use from case them before.
I'll plus temperature that for the first of all that in case number three they have but -- the wife who's found dead.
-- -- -- -- -- In a bathroom where bath tub with no water independent -- was -- and -- within an -- definitely -- -- -- investigation -- was on the same.
Team as the rest of the cops right then they have this like this come missing.
What's number four and I do think that some of her statements will come in -- trial right.
I think that that as a defense attorney.
It's could possibly be an easy case to win because there really isn't a lot of Davida says -- that it's very circumstantial they didn't investigate exhume the body.
Many years later how ever.
Personally I think that he caliber I want to make that very clear and secondly I think that so far the defense has done a terrible job in their opening statement.
One of the things for the defense -- should never do.
Is make the -- down a back person and so part of -- an opening statements the defense has said.
That she that -- -- Kathleen savvy -- one as a military wife number three.
Was a bad wife was violent have personality issues had sex with -- boyfriend the night before she was -- every day these things it.
A jury has won here and it -- defense attorneys they're the ones who could possibly.
-- -- and I think it's interesting we're already hearing that he the defendant.
Will not testify usually defend -- I think he's never panics but getting married him for that to the to the very end to decide whether or not -- -- the prosecution has gone you have to Sony's said he.
That's the the little that we have seen of Drew Peterson he has a real air of arrogance about him I mean I don't know anything about trying a case but.
I would be reluctant to put him on the stand is sympathetic.
So what yeah him on the stand as -- front side now backhand and if that's gonna ask -- hot -- on TV.
Over and over and over again and -- the prosecution may -- well now and prosecution may use those interviews right away.
So I bring that an already right so I think that he's gonna get on the stand because as -- -- and the -- of his defense yet it a lot of the NFL and I get that the that the defendant has always one gets to decide not the lawyers and it is it's not that the lawyers and say do or don't but they kind of guy that can advise the defendant gets to make that -- -- right -- -- -- timer a hold of -- -- contributors but thank you very -- great to have you.
