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And -- legal topic a dramatic murder trial resumes on Monday this is a young boy.
Accused of murdering his neo Nazi father adoptive father Rick in the newsroom with that story -- So this is -- trial that was -- for a couple months job because the defense that objected to one of the witnesses that was called that's been resolved and as you said.
The trial set to start up again in the beginning of next week twelve year old Joseph Paul facing first degree murder charges in the death of his father 32 year old Jeff ball.
A white supremacist who Joseph shot in the head.
Back in May -- 2011 Joseph was ten at the time -- his adoptive father after he got married to Joseph since mom.
Paul was in a drunken sleep on the couch downstairs in the family's home.
When the boy took one of his guns at 357 revolver and shot him in the head.
At close range the defense is entered an insanity plea but the boy originally told police he did it because.
He was afraid that his parents were splitting up -- that -- be forced to live with his -- the couple had been arguing the night of the murder social workers -- also bit of that house before to check on the well being of the children living there and never found any evidence of abuse though the -- boy the boy's mom rather.
Has testified that she saw her late husband kick.
And slap her son back to right thanks thanks very -- come back with us now.
Federal prosecutor Fred TC.
Tom can -- a criminal defense attorney there were apparently -- explain remarks that were found on this boy this.
That that Rick alluded to that that found evidence.
Found no evidence of abuse even though -- questions -- that he was being physically and maybe sexually abused.
Is this a first degree murder case let's start with you Fred.
-- you know you know like John this case is absolutely tragic and and quite frankly I think it's criminal really criminal.
That the agencies the public service agencies in California let this little boy down his mother ultimately went to jail for child you know neglect and child abuse but get your question.
It's hard for me to bad -- a ten year old can form the requisite intent for first degree murder but we can't have ten year old blown people away with a three for the seven Magnum.
Now well Tom what what about that I mean this kid apparently it.
Did he says -- -- His defense attorneys has yet he did it.
But it was he was insane at the time.
Does that excuse why does that we want it Jeremy generally look insanity defense comes -- the expert testimony.
Me and gave it gave murder one is -- a specific intent crime and have to show that he acted with the intent to kill.
That he was able to understand appreciate the -- of his actions that -- can't separate reality from fantasy.
That's -- to -- -- the prosecution but I also think that this is the case that once itself very much.
The jury nullification that's the phenomenon where the jury hears the evidence.
They maybe -- objectively convinced that the defendant's guilt.
But because they find the defendant so sympathetic in here you have a boy that there's a lot evidence to suggest he was -- not just physically and emotionally.
And you also had a very contemptible.
Victim here in this sense that there -- there's no dispute that the father was a neo Nazi that -- know it's a -- That he mistreated this boy -- was a very very damaging figure his -- of the jury may look at the evidence to say well on Saturday we're not sure but there's no where we can convict this little boy.
Of killing his victim.
That was his noted that that was the thing is that his antagonist.
Well the big cases being heard by hearing officer Joseph Paul could go to prison until his 25 birthday is -- victim in this case correct with -- reality at least 25 regardless we'll keep an Dion -- them -- our viewers know what happened Fred TC.
Tom can -- thank you both.
Thanks very -- thank you.
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