client, and that is the defense, what they want to hear. the defense has done its job in terms of laying out the issue for mental illness. they ve had experts parade before the jury to suggest the man you see right there was insane. but there s a very big difference between mental illness and insanity as that is defined in colorado. clearly there was some mental issues there. i mean, that could have certainly went into what he was doing in terms of the psychosis that the experts are saying that he had. however, when you look at what the prosecutions expert said it s a battle of the experts here. in terms of the planning and preparation would be suggestive of what the prosecution s expert versus said. when we look at video of him in court, i have to think that the jury was watching him quite
so they re looking at those jurors to find some guilt. i think the prosecution through the premeditation and planning and so much else certainly gave them a basis to say guilty. right. so danny, it would seem that this insanity plea would be a tough sell given that kind of premeditation and planning and given that evidence shows that he had the wherewithal of determining whether something was a good or bad idea trying to hide it. overall insanity defenses are not usually successful but each and every one of them is a case-by-case analysis because they ultimately boil down to a battle of the experts. those experts are giving scientific testimony about an issue of law that must ultimately be decided by a jury of laypeople and the ultimate question is often did he understand the nature and consequences of what he did or did he appreciate the wrongfulness. and wrongfulness it s important to note it doesn t matter that i personally may think something
expect to say, no he s legally insane, a battle of the experts of course. okay. jacob, thank you so much for the update from l.a. the department of justice this week reached a settlement with the city of cleveland over its police department s pattern of excessive force and civil rights violation after protests in cleveland which were sparked by a judge s decision to acquit a white police officer charged in the shooting deaths of two unarmed black motorists and after the november shooting of 12-year-old tamir rice. the investigation into that shooting is still ongoing. among the reforms, a community police commission made up of community and police representatives, barring the display of firearms unless officers believe lethal force is necessary, mandatory reporting following the use of force and improved officer training. let s bring in cleveland city councilman jeffrey johnson and sir, welcome to you. i m curious about the settlement and what you think of it and whether it goes far
prove he s sane? if you have regrets after you went into your episode can t you have regrets? i m sure that andrea yates has incredible regrets about killing her five children but she was acquitted by reason of insanity. you know what s a big point of interest and paul i m sure has tried a lot of cases like this, as have i, a battle of the experts. remember you had independent experts appointmented by the court who evaluated him and said he s sane and this particular expert testifying and asking questions interviewed him for 22 hours, ashleigh, prepared for that interview for 300 hours and came to the conclusion he s sane. another expert that the prosecution will proffer also says he s sane. guess what the defense expert is going to say. both experts when they testify, that he was insane. so you have two professors in the courtroom saying two different things. the battle of doctors. the battle of the experts. i get so frustrated when you have a battle of doctors and lay
ill doesn t mean everything he wrote in that book shows he s mentally ill. people don t understand, when you are in the middle of a psychotic episode, it s not just a few hours, it could be years. within that time you can be very meticulous as jacob said in that piece. you can be planned. you can be method cal and carry it out. how are they going to determine, which, if you will is going to be their ammunition? exactly. that comes down to the experts. i am sure you have heard this over and over again, the battle of the experts. the experts job is to explain to the jury why this person is insane or not insane. then it s the jury s job to understand what that education, that information they are receiving and be able to understand. it s very hard to jurors.