Back in November 2014, I did a post on the same topic. Based on the delays in this case, here we are couple months later, and my hunch proved true.
http://johnchiv.blogspot.com/2014/11/will-fr-erics-murderer-go-for.html?m=1
Will Fr. Eric's murderer go for California's Insanity Defense aka the McNaghten rule?
The following is from the site shouselaw.com. The title on the page is "California's Insanity Defense The McNaghten Rule"
The legal defense of insanity in California law means that you cannot be found guilty of a crime if you were legally insane when you committed it.1 Under California's insanity defense, you are considered legally insane if you either
Did not understand the nature of your criminal act, OR
Did not understand that what you were doing was morally wrong.2
This definition of legal insanity is known as the “McNaghten (sometimes spelled M'Naghten or McNaughten) rule.”
You can plead not guilty by reason of insanity at your arraignment hearing. For the insanity defense to work, you will then need to prove that it is more likely than not that you were legally insane when you committed your crime.
If you can convince the jury at your California criminal jury trial that you are not guilty by reason of insanity, then you will be committed to a state mental hospital instead of being sent to prison.
Another link: http://criminal.findlaw.com/criminal-procedure/the-m-naghten-rule.html
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There is a gag order on the case. It is my understanding that usually you enter a plea of not guilty due to insanity and the Court appoints a professional to do an evaluation.
This would have to be done on the record and in the open and so we will see what happens at the pre-trial conference on December 17.
There is a difference between not guilty by reason of insanity and being incompetent to stand trial. I do not think the insanity defense will fly because Bullock was calculated in his moves before he entered the rectory, he methodically planned the break-in, he fooled the police and after the crime, he tried to burn the rectory, then fled and hid Fr. Eric's car. He escaped and ran from his crime.
Gary Lee Bullock's defense attorney, Kaleb Cockrum may be investigating the possibility by using a different section of the law so that is all done in a way that reports do not have to be turned over in his effort to provide his client the best defense.
Kaleb is a good and caring attorney and will go to bat for his clients. I have known him for a few years. This case is not something I am just reporting on though, it is very close to my heart.
A psych evaluation can take months, already this case has faded for most people, other than those of us directly affected by it. And, time is only beneficial for the defense.
The legal defense of insanity in California law means that you cannot be found guilty of a crime if you were legally insane when you committed it.1 Under California's insanity defense, you are considered legally insane if you either
Did not understand the nature of your criminal act, OR
Did not understand that what you were doing was morally wrong.2
This definition of legal insanity is known as the “McNaghten (sometimes spelled M'Naghten or McNaughten) rule.”
You can plead not guilty by reason of insanity at your arraignment hearing. For the insanity defense to work, you will then need to prove that it is more likely than not that you were legally insane when you committed your crime.
If you can convince the jury at your California criminal jury trial that you are not guilty by reason of insanity, then you will be committed to a state mental hospital instead of being sent to prison.
Another link: http://criminal.findlaw.com/criminal-procedure/the-m-naghten-rule.html
---------------------------------
There is a gag order on the case. It is my understanding that usually you enter a plea of not guilty due to insanity and the Court appoints a professional to do an evaluation.
This would have to be done on the record and in the open and so we will see what happens at the pre-trial conference on December 17.
There is a difference between not guilty by reason of insanity and being incompetent to stand trial. I do not think the insanity defense will fly because Bullock was calculated in his moves before he entered the rectory, he methodically planned the break-in, he fooled the police and after the crime, he tried to burn the rectory, then fled and hid Fr. Eric's car. He escaped and ran from his crime.
Gary Lee Bullock's defense attorney, Kaleb Cockrum may be investigating the possibility by using a different section of the law so that is all done in a way that reports do not have to be turned over in his effort to provide his client the best defense.
Kaleb is a good and caring attorney and will go to bat for his clients. I have known him for a few years. This case is not something I am just reporting on though, it is very close to my heart.
A psych evaluation can take months, already this case has faded for most people, other than those of us directly affected by it. And, time is only beneficial for the defense.
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