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james brady's death ruled a homicide....

PHXConx

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The medical examiner's office conducted an autopsy, and found the cause of death to be the gunshot wound and its consequences, according to a statement late Friday from police detectives in D.C.


 

Hinckley had been found not guilty by reason of insanity of attempted assassination of President Reagan and of related charges. Brady, Reagan, police officer Thomas Delahanty and Secret Service Agent Timothy McCarthy were shot on March 30, 1981 as they left the Washington Hilton Hotel.
Now, the medical examiner's ruling has the potential to open the door to federal murder charges against Hinckley, who is a mental patient at St. Elizabeth's hospital in suburban Washington, said NBC News Justice Correspondent Pete Williams on News4.
 
According to an article I read it is unlikely. He was found not guilty by reason of insanity so why would the verdict change? Then someone has to prove beyond a reasonable doubt that we would not have died due to some other reason.
 
Ms Tree said:
According to an article I read it is unlikely. He was found not guilty by reason of insanity so why would the verdict change? Then someone has to prove beyond a reasonable doubt that we would not have died due to some other reason.
 
the death being ruled a homicide is a medical decision, while the feds have not said yet whether or not they would pursue a course of action where there would be an arrest and a trial of hinkley based on that or not.  
 
the proven beyond a reasonable doubt is the medical examiner calling it a homicide, experts have already chimed in on that, thats not the question...  they would have to prove beyond a reasonable doubt that hinkley was guilty of homicide, now though originally the the first 13 charges were found not guilty due to insanity, it was because of that ruling that congress, and several states changed their laws concerning insanity pleas
 
the question is that you cant charge someone of homicide until the victim dies, would the new federal standards protect him like they did in the original cases?  thats why the verdict would change... he was not guilty of it at the time but until brady died he coudlnt be charged, and he would be tried with the laws on the books now, not then,, 
 
i think it will depend on whether or not a prosecutor could argue the case... its an interesting question to say the least... i wouldnt be surpised if it does go to trial...i dont see it any different than cold cases where the person was either in a coma or not enough evidence at the time to charge them... 
 
and this isnt the case of double jeopardy because this charge couldnt be made...  until he died... 
 

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