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Criminal defense attorney Michael Bachner weighs in on James Holmes' arraignment hearing.
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Part of stuff to make out exactly what's gone of that courtroom because of technical difficulties we have you have.
Criminal defense attorney Michael barker here with us in the studio in New York to to provide some commentaries and -- as we get a look at.
James Holmes -- for the first time -- anything that stands out here in this first hearings.
This is all rather of boiler plate in connection with how all defendants are treated -- I think when -- Hardest things for -- according all the parties keep in mind is despite all this massive publicity that surrounding this case deservedly so.
These are really very boilerplate very common.
Read his rights told he's not gonna get any bail preliminary motions are being done about access to crime scene -- sector.
There are treating try to treat this case like any other case.
But now the prosecutors have 72 hours to -- a -- On mr.
Holmes from from this moment.
What about the death penalty over what period of time will that be decided and does this district attorney have a history of death penalty cases.
That sixty days from the date of the arraignment -- -- decide whether this going to be death penalty ms.
chambers is extremely aggressive.
And asking for the death penalty six she's asked for.
More than any other former.
And I think some numbers kicked around as the average death penalty case course au over four million dollars on to bring for a fruit for the jurisdiction.
She's been greatly criticized about being too aggressive case like this you certainly couldn't criticize her for being aggressive.
When you bring death penalty cases there are factors they look at.
One of those is aggravating factors the fact that there's two people killed and the fact that one of the dead people is under twelve years old clearly gives the right for the death penalty and.
This smells like without penalty case to the youngest victim in this case for six years of days youngest of those killed the youngest of the twelve so.
But certainly I meet that qualification we expect to hear from the district attorney herself a few minutes after -- hearing wraps up some of that subject -- come up but from.
For what it's worth from a defense attorneys perspective to public defender in this case but how they handle something like this -- mean it's.
Pretty obvious what took place and we all -- and watched it unfold on on Friday.
Is that a mental competency thing -- -- -- what's next to think that.
What they're gonna focus some of the mental issues first there's gonna have to be decision made whether mister Holmes who -- -- -- not reacting too much -- really even understands the nature of the proceedings against him to be able to help and his defense which means am -- competent to stand trial.
Which is different than it was -- competent at the time the offenses were committed us it is really two stages they could find the defendant.
To have been competent during the period of the crime but incompetent to stand trial.
What it what's the reasoning usually for that is because they just there's overwhelmed by events after they've done it even though -- -- if you know that.
It's got somebody who carefully planned if you look at what's come out since Friday carefully planned the attacks and everything else is -- looks like -- attorney was consulting with them briefly there.
As fixed show you the live pictures but is that how that would.
Happened yes sometimes.
People can have second psychological brakes after offenses committed that may be one of the arguments that -- -- do.
The standard for competency to stand trial was not aboard one do you know the -- you know the nature of the proceeding you noted judges -- in order criminal charges -- and and if you find not competent to stand -- basically puts you went to an institution until you are competent to stand trial metabolic the case goes away.
Will they be able to hold the trial.
In Arora in arapahoe account today given that impact that this man's alleged actions have had on the community.
-- you see a dead by the way hearing just wrapped up but.
And I'm curious what you think about on his demeanor in the courtroom colors and you can read into it -- you life.
If he seemed to have very little emotional reaction there were some.
Some heaves and some size that I saw but it's really hard at this point to determine how is thinking that's a really good question as far as the venue issues are concerned.
Things that can get convictions overturned on appeal is -- fact that you can't get a fair jury.
And the issue is in -- county -- and that -- and that county canyon get a fair jury people who -- impacted people who didn't know somebody.
People don't go to that movie theater.
I wouldn't be surprise of a motion was made to transfer the venue come out to another county.
I think ms.
chambers is gonna try and keep that case.
That is the the same office -- wasn't under her tutelage that had the Ramsey case the Jonbenet Ramsey case that had some problems and ms.
chambers -- -- has gone through some criticism recently where she actually pays for prosecutors.
More money to get convictions.
I'm so there's been a lot of criticism of that office -- will be interesting to see how she -- that case.
That is kind of interesting but you know all of us are here to -- those of us are non lawyers -- -- look at this and -- read all we've.
Read about in the say how could this not be anything but an open and shut case and other -- debate about whether the death penalty should be part of that are not -- put.
Is there anything that a lawyer could do it are a prosecutor this case to do not get a conviction on what could go wrong.
Purely well you.
The the issue about wrong as you know and the question is -- person gets a -- -- wrong or not but.
There's no quibble here as I see that this is going to be an insanity related issue that the felon noting noting was doing and you have all this premeditation evidence level -- planning evidence.
But you know you could take a hypothetical where he's planning -- course he thinks that he's trying to save the world from Satan.
I mean you could have planning activity but not really understand.
The or appreciate that the that the conduct your engagement do you cut a deal.
If you're -- if you have an insanity defense.
You don't because in order to cut a deal you have to be saying.
-- so I think what they're gonna try -- do is they'll be hearings here they'll be medical testimony and there'll be decisions made.
Preliminarily for the competency issue but the insanity -- sanity issue is he'll have his own experts in the government will have their own experts they'll interview and then ultimately I think.
This'll end up either.
You know it it's hard to say I could see if the death penalty gets voted.
You could see a plea working out because the general theory is that juries that we'll give -- the death penalty are likely to convict.
Criminal defense attorney Michael -- here with this is studio with his analysis says.
The first hearing concludes there for James -- Colorado thank you Michael.
