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Dan is the associating associate done managing editor for scroll and former criminal prosecutor today and you heard Casey's Eagles had reports there.
And that's the big thing I think that the judge.
Has a tough job.
Here and tell me what you make of it right the facts are not really in dispute we know the defendant shot and killed thirteen people and he's charged with 32 counts of attempted murder.
The question is will he get the death penalty and will conviction and a possible death penalty stand up on appeal.
-- any defendant represented themselves one of the concerns is that they can then -- appeal saying they didn't have the right legal advice even though they chose to represent themselves.
They -- later argue that they didn't really know what they were doing they were deprived of their right so usually attorneys are assigned to be within be in the courtroom in case they need help.
These attorneys are saying.
Well we can't really help -- at all or even be standby counsel he's gonna get up in his opening and say yes on the shooter and he's not really any meaningful way contesting these charges in India for the been legally they can't really.
Advice -- -- so you're saying because straight attorney's job.
Defense attorney's job is to help the clients either to minimize the possible sentence or get an acquittal is somehow lessen the punishment.
That they're going to get -- here if they're supposed to help -- And he's -- arguing in his opening that he is the shooter and he's not really meaningfully cross examining any witnesses so far.
They feel then they can't perform their job ethically which is to really help him avoided conviction or avoided death sentence in this case.
And therefore they want out of the case so even if he had come out and -- yes I'm the shooter.
But here's why it would that sort of give them a little bit legally way to still.
Advise him he wanted to raise a defense before the trials disk which called the -- of others where he was gonna say that he was trying to protect the Taliban.
From US troops and that's why he did this but that defense is when there's an imminent threat to someone else's.
Well being or life and that doesn't apply here in the judge said you can't raise that so he has no meaningful defense.
Other than just getting up -- he's the shooter and you thought you would expect he or lawyers to argue that he shouldn't get the death penalty -- factually he's going to be convicted these cases are usually about saving the defendant's life.
But don't be attorneys feel like they can't meaningfully advise him or help him if he's not even trying to avoid the death penalty.
And they the tactical decisions he's making and therefore you don't want to be so called advisors to him when he's back -- take any idea banks that.
A couple things Danny K and OK let's see if they can't advise him so then the death penalty is -- -- on the table it stays in the table.
Can the judge intervene at this point in -- make any decisions and change that -- you know what we're gonna just put this guy in jail for life means that possible imprisoned for life of the prosecutions asking for the death penalty -- -- believe the jury which is officers in the military will decide whether he gets the death penalty or not.
But the big thing about the judges -- judge can't force the defendant to make a longer opening statement or to cross examine witnesses.
And with these lawyers are saying is that because the defendant isn't really putting up any meaningful defense then they don't want it be part of it.
-- -- judge can say I don't want to have my courtroom turned into a spectacle.
It's a bouncing act because on the one hand you don't wind any kind.
Things happen in court to make the court look bad and there were some outbursts in pretrial hearings to just have to keep water but they also to give the defendant -- to do what he wants.
Rusty can raise an appeal after conviction and say well I couldn't ask the questions are not ask the questions.
That I wanted to so therefore the conviction is wrongfully -- and perhaps that's part of his strategy.
-- -- It's a possible strategy it seems right now though there's just no meaningful act by the defendant to get out from under these charges -- to avoid the death penalty but it's still early on that case I can understand why the lawyers.
Don't want to be part of it if they do get removed he would probably see other attorneys appointed in their role.
But then those attorneys would have the same issue there whatever -- issue but at some point in -- every -- -- case I've seen where a defendant represented so there's some attorney -- he's assigned to be there as an advisor and this is not only to help the defendant preserve their rights.
But also for appeal to say look US access to lawyers -- you can't claim that you had no legal represented.
Patient so that you heard Casey Stegall.
Give that breaking news that the judges said you know what we are done for the day.
It kind of started and it stopped immediately basically what is it that the judge is saying to her son now as well as those lawyers say I can't.
-- -- -- Well he's probably the judge it's probably first looking at the lawyers and saying well what's your argument here you want had a case but -- assigned by the courts who represented him to advise him if he wants to.
-- press say and -- at the -- puts the test to really justified under the law.
Why they should be removed.
The -- -- -- also have to find some ways to find some attorney that will represented or will advise the defendant if these attorneys are removed.
And ice -- the -- by looking through the law to figure out.
How to get the right attorneys in there were some attorneys in there they don't want this case overturned on appeal that's what this is really right out.
And in I have to go with quickly so basically -- -- -- court will adjourn tomorrow at 9 AM but if nothing is resolved to the satisfaction of the judge today is it possible that he could be.
That -- even further.
It could use cases seen a lot of delays pretrial it's possible to delete delete more its really important that they get this right that's more important -- having an expeditious continuation of the trial definitely sorry Dan Choi thanks for breaking it down where it's always good to see if you tickets you got married.
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