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Lis Wiehl and Tamara Holder on the hearing that will determine whether James Holmes will go to trial
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Let's bring in the legal panel now -- will Fox News legal analyst.
And camera hold out criminal defense attorney and Fox News contribute a happy new year too but I happen to see it at least that this -- I.
I think some of our viewers look at this and it will that there is no question that this guy did this what is the legal issue here that -- really being explored.
Eight prosecution have to show probable cause of this goes to trial not -- A little bit it's interesting to me that they just didn't go straight for an indictment because if they had an indictment they wouldn't have to have a preliminary hearing at all.
My thinking Jonathan is the reason I -- a preliminary hearing and -- going through this mini trial so to speak is to convince the defense.
Take a -- take life to take death off the table take -- life in prison without parole.
Forget about the insanity defense because that's what they're -- here -- new releases has -- -- as we knew that before.
And get this thing over with so that they victims are spared families are spared a full trial so -- a sense this might.
Be the only.
Real cool to airing of the entire case so much of the case that we -- him.
Right and -- what may be going on the prosecution made may have a signal that there's going to be at the deal in the works and so.
In an effort to get some clothes or possibly -- the family because this is the end of the public as well in this may be the only public showing -- of what's out there.
Let's do it -- -- about it because there isn't complete or their war.
I'm an indictment by way of grand jury we don't get it get any information and it's up to the State's attorney and prosecutors to decide which they're going to do one exception on the -- that Jonathan and it -- -- -- -- -- -- that.
Once this gets to sentencing phase phase if there is actually a plea deal in the works the gets to sentencing phase and then they'll be allocation by the defense and by the victims' families and they'll be able to -- -- you'll -- -- to take the stand and say.
What a horrible thing this wasn't how it affected and impacted their lives -- irreversibly so there will be more time for victim impact statements about not letting -- but not the same as a as a trial right is that.
Didn't get in your experience.
Does that truly help.
The good families of the victims to be able to see a full trial to be able to make those victim impact statements doesn't work -- -- the.
It's an impact statements I think to do make a lot of sense to victims' families because they really are able to -- their hearts -- on paper or take the stand and be able to confront.
The person that did this awful deep he unless -- a full trial really helps victims and victims' families because you're talking about.
Days and weeks and months where there feel obligated to go -- is so incredibly painful to hear all these things so if it can be wrapped up it being the whole procedure.
Wrapped up in a week -- last.
On that probably is in some ways better for the families although there will be some -- I'm sure that don't want the death penalty taken -- taken.
And the problem is with the trial also is that it's it's it's very hard for the average person to understand.
Objects abductions and understand why certain evidence isn't allowed in on our right what a sidebar is -- life.
A certain statement couldn't come -- and so oftentimes you can get very upset because you don't understand.
He and and a lot of people think I add that that bullet should have come in our white in fact Duncan and I know that might might -- was killed by got a little white in this -- -- So -- this is a good way I think in the front of the preliminary hearing stage.
For -- not to be that disputes.
Right and from a practical matter prosecutor will tell you that it's always better to get a plea deal rather than go to trial why because it saves the government lots of money and time and all that but there's another more practical reason which is that prosecutors and witnesses can sometimes screw up -- and -- calls are made and -- their appellate decisions where it -- you haven't happened if you have a plea deal.
Right at all on out on paper the defendant stands up and says yes I'm -- mentally competent I'm not insane and agreed to this plea deal very little room for appeal that would generate.
Will -- and there's also a lot of protection for the defendant as a defense attorney because.
You risk if you go to trial oftentimes what we call as -- tax.
You go to trial there offering you ten years for example you go to trial and you lose the job the most likely give you 25 days or you know failure -- the statue requires.
So there's a lot more on the table and -- rest for a defendant.
Who most like.
We did it.
Write it but it it it takes a lot convincing us but -- getting back to your original question out the probable cause -- -- -- propelling hearing yes it is a quote unquote slammed them for the prosecution they have.
More than enough evidence to get through the preliminary hearing and it's just I think it's really a place that he says there is council sit there and listens to -- all this is what's gonna happen if you had a.
Are things of that that there's another another a separate part of this.
Perhaps follow -- simple than trying the man who allegedly did these -- But there is a legal question over the the movie theater -- Liability -- do they have any camera.
I don't think so I -- I mean -- at what point.
Do we require that every place every private place how to past security guard has all their doors locked and if you don't then then we're going to see you not.
Also as a public movie -- -- as a person that's in the public and wants to go out and do things there's a certain level of -- risk that you take when you get on the subway there's -- that -- -- You terrorists but an -- question of course is -- ability you know could the computer have -- seen that a mad man.
Would have come in a car and and premeditated does well he'll -- the ticket went in the with the tournament but allegedly that opened the door when I got it's got.
That is that that would be very difficult proved so noble a liability than say the school district in Utah in Connecticut when -- But there's a bigger question is well or another question about liability -- -- with the with his counselor because remember he signs -- note.
He sent a note and that Clinton still all right -- on what really happened there I'm not legal counselor but mental health and oh yeah -- right yes I had the community -- and just did it.
Should they have known that he was a threat to himself and others -- would have what you -- McClellan admits that at some really Dicey on this one because the therapist did have some -- but.
The you know the patient client privilege is very strong.
What -- what that client that sorry yet they have positioned client privilege but the position -- snow is.
Really can't foresee -- that not just of that that -- screw up I've written that it something is going to happen right to a certain particular there was a letter of their lives yet.
You -- -- -- -- pets and the question is were they negligent and not getting not delivering the mail and whatever but what I'm saying it's right now I feel like that is an issue that nobody really knows -- so hot that question out there what's that'll be out with a criminal trial.
And -- we we don't get the debate about gun control and not to get you into that debate in Thailand and all that legal.
Question one of the things being discussed on universal backpack checks.
What it is that legal jeopardy and that should we be worried about -- private information.
Get having to give a little more more private operation.
Saying you know Westchester.
The lessons to draw right now -- it is isn't wild and that's because -- public see addresses of legal owners of gun permits so.
This is not on that issue that we can -- right now Donovan but -- right and it does.
Open -- -- -- -- -- -- so we've stayed debate these if it blew a broader background checks would be proposed.
They're all legitimate questions to ask about what information they're taking camera.
Point and that's that's really the the question because is let's just saying that that would that occurred.
We still I believe would have happened had had -- sandy hook shooting we still would have had the shooting went.
James Holmes -- didn't it get bigger issue to me or the more important issue is really the mental health issue right and how do you how -- therapists and and the government have access about it I agree with what you can't address one issue without addressing the other because of both of these cases.
Most of these cases actually mental health issues and what -- the red flags what -- people who what were -- -- -- -- and these guys wanted to pass the background -- right.
You know -- -- well I did on one thing we believe that will is going to be looked -- By the panel headed by vice president is as some sort of proposals on mental health as Reynolds right yes we shall see all right -- -- hold.
I'm -- at least -- thank you both very much great to see you both happy neo.
