Randy Kessler

Straightforward, easy as that.

Well, incompetency, you have to understand the proceedings.

It's not fair.

You can't help the lawyer defend you if you're incompetent to stand trial, if you don't understand the proceedings.

To get off the hook for murder, you have to have been insane at the time that it happened, that the thing happened.

Incompetency is more a question of ability to stand trial.

Do you understand the proceedings?

You need to be able to help in your own defense.

And if you're not able to help in your own defense, then you don't have a trial until you are able to assist in your own defense.

Nutshell.

Yes.

Right.

Don't like to agree with you, but yes.

Yes, and it's probably easier to find incompetent at the time of trial than insanity at the time.

How do you get inside of his mind at that exact moment?

Whereas right now, they can interview him now.

We can have psychologists test him now.

It's easier for a judge to say, I'm going to put off the trial than to say, oh, we're going to let him off the hook for murder because of insanity.

So it's an easier thing to argue for the defense counsel.

And you get a second bite of the apple.