Israel Keyes

And I've watched police officers almost uniformly get acquitted or have the judge dismiss at a probable cause proceeding.

It's very, very difficult.

to ever convict a police officer.

This case, I think, is very tough for the prosecution.

And this tape, and I'm glad you played it, certainly gives...

People often say, well, they didn't show remorse or they didn't understand or they didn't act right.

I've spent a career defending people who didn't act right.

I mean, clearly here, this is somebody who's in the throes of a great deal of angst.

And I think that that is going to probably carry the day for him.

Because remember, other than people who are famous, police officers are the only other category of people that truly get a presumption of innocence.

Well, one of the problems is, and we've been arguing this in California state court for years, the difference between the state of mind for what's called an implied malice murder.

The difference in homicide between murder and manslaughter is whether there's malice.

Well, there's also what's called implied malice.

If you act in such a way, the law will imply that you had the malice for murder.

I've often argued and there's I'm not alone here that sometimes the state of mind when the jury gets the instruction on one of these manslaughter charges is very misleading and and jury doesn't know what to do with it.

And here you've got.

I can understand why the judge is not giving guidance, so to speak, because they have what are called pattern instructions.

They've got instructions that have been either affirmed or blessed, if you will, by the appellate courts.

But she probably, in this case, wants to hear how the evidence comes out and then tailor it to that and tailor the instruction of that.

But it's