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Arraignment for accused CO shooter delayed until March

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    Legal panel weighs in on case

  • Duration 4:25
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This transcript is automatically generated

I'm sensing and -- now.

Centennial party -- Colorado that's for the court is for this case of the -- -- movie massacre there's a live shot there.

I judge is granting a defense motion to delay the arraignment and James Holmes -- -- march.

After ruling there is enough evidence to put him on trial homes faces more than 160 counts of murder.

As well as attempted murder.

In the shooting deaths -- twelve people in that movie theater back.

In July we want to talk a little bit about what this delay in case means -- our very -- former defense attorney former prosecutor Jason Friedman.

A former prosecutors are there.

March.

That we have that we until March to know if the defense is going to even enter -- -- what what's going.

-- -- -- this is technically was called the -- on the felony charges the judge.

Has determined that there's enough evidence for these 166.

Counts to go forward is just -- to -- a minimal threshold there's enough to go forward.

Once that happens in any felony case the defendant is entitled to hear about it so basically the -- okay.

There's enough evidence to go on murder murder murder murder of twelve times attempted murder and -- always time.

How do you plead guilty or not guilty in 99.9.

Percent of the time you -- not guilty here the judge -- and continuing still march.

This is an opportunity for the defense to sit down the prosecutor and say how about we figure out a way.

Having non death penalty disposition where there's guys for the rest -- -- subject.

So Jason why they have to do why they put it off to march why is that the date it's a reasonable expectation of time for a plea agreement to come together.

They'd -- the circumstances of this case.

-- but -- -- of -- have a lot of evidence now -- aired in public in an open court and in fairness of the defense they do have a lot to -- they have to figure -- they gonna try to work -- a plea agreement before entering a -- War and they get a -- just not guilty.

Not guilty by reason of insanity of the gonna try to claim that he's not even company what do you -- -- and -- would you be arguing at this time Jason in New York -- what it'll do this is obviously not a whodunit case so I really left with the mental state of the defendant -- the only way you can legitimately go is to try to claim many reasons and insanity defense he did not know right from wrong -- -- -- So it -- get a plea agreement that's the direction that you would go absolutely -- -- that.

Works in about 10% of the time.

And when it works you know people like -- we got off the you don't get off of the guy who shot Reagan President Reagan.

He won on the inside because he's still a glossary -- but he comes up every now and then tech at the end to see if he would be able to legally and for that I.

38 years or something to think that -- All the -- -- -- is different going in sound stage active prove insanity in Colorado you have to approve it's it's I'm a lawyer to prove that you're saying.

Right so what -- that the burden shifts in Colorado City claiming insanity defense the prosecution has the burden of proof to prove beyond a reasonable doubt that he -- However -- all the evidence that we just saw all the methodical planning I think it's a very difficult.

Burden for the defense to me and I think it.

Prosecute you have good -- they're job as defense attorneys to get the death penalty off the table if that's -- the client wants -- like -- -- I want to be a -- children in front of everybody let me ask about this part of that the victims and the families that are affected by this.

Do they how how much of a shady they get in -- -- or not they usually a lot you know you prosecutors think they have families can some good thoughts feelings.

Heavily into consideration that it when you have these many victims.

You have people form both sides some family members as -- I don't want to hear anymore I don't wanna know what happened of that thing if you lock him in a closet for the rest of his life -- fine.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Would not very very little contact with the outside world or he's gonna get a -- and obviously a different kind of box yes yeah.

That's the church -- -- that that's that's hit too good for hand I I think it's too good for now get a little needle and go to sleep now that it might take.

It's a really tough case aren't there Jason thanks for working through that a lot of -- happening behind the scenes and we'll continue.

To watch the case and -- -- -- do you John in some.

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