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that he lunatic. greta: i think the statement was made both ways when you are awakened in the middle of the night. i same they both misunderstood each other. bernie, in colorado the ones you raise the insanity defense, then the prosecutor has the burden of proof to proving insanity. that used to be standard until hinkley and he was found by guilty pie by reason of insanity and federal government changed the standard. is that statute much easier standard for the defense? yeah, if you are a defendant, if i m representing a client. i had two other cases under the older statute. does your client know right from wrong. it s essentially a lot more complicated than that. as a result of the mental disease or defect does your
it s the absolute most incredible atrocity. how do you represent him? well, you do just what i think michael and bernie has said. first thing you definitely want to do is try to get the very best psychiatrist you can find. there is did i could the any between competency and using the insanity defense. first thing you want to deal with the competency situation. can he participate in his own defense. if he it is found he is not able to, they will have to put him in a mental institution until he can participate then they will move to the insanity defense. that is the only way they can go in this case. greta: what is the point, insanity defense, guilt phase and you have the insanity phase. can you tell me the point of a defense attorney going through the guilt phase when the evidence is so overwhelming, why