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same logic on its ted. what sane, rational person would drive a car? that is law school example for depraved indifference that they use. >> i would make your case right against you, look, if he is depressed after the quote, unquote, accident, that means he knew right from wrong. in other words why would he be depressed if nothing he had done was wrong? that is the mental culpability of a insanity defense. you don't have it here, doug, because he was depressed because he knew what he did was wrong. jon: this is a preliminary hearing as you know to try to figure out exactly what charges he will face when he does go to trial. murder is apparently a possibility here, doug but it's pretty rare that people get first-degree murder charges coming out of an automobile incident, right. >> no, it is rare and i agree with you but i want to draw a quick legal distinction which i'm sure lis will agree with, at the preliminary hearing phrase,

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