BARD - Competency, Insanity Pleas, and the Cost of Justice with Teny Geragos
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What is the main topic discussed in this episode?
This is Beyond a Reasonable Doubt with your hosts, Mark Garagas and Gary Smith.
Well, I couldn't be happier to have Tenny Garagas, hard-charging New York criminal defense lawyer, the only one, in case you haven't noticed, she's the only one not wearing a reasonable doubt.
I noticed that immediately.
I'm not matching. Yes, exactly. Next time you come on, you're going to have to. But we will let you pick the comment of the week for free swag going on here. But Gary is going to put up a video that I want to talk to you about, Teddy. That's why I've got you here.
This is a devastating tragedy that has befallen the Reiner family. We all recognize that. Our hearts go out to the entire Reiner family. There are very, very complex and serious issues that are associated with this case. These need to be thoroughly but very carefully dealt with and examined and looked at and analyzed. We ask that During this process, you allow the system to move forward in the way that it was designed to move forward, not with a rush to judgment, not with jumping to conclusions, but with restraint and with dignity and with the respect that this system and this process deserves and that the family deserves. So with that, we are set for January 7th for an arraignment. That's the next court date.
And that's all I have to say at this point. There may be more at some other point, but today, We're going to rest on where we stand procedurally, which is this was a continuance of an arraignment. Nothing happened today substantively. We'll be back for an arraignment in the same department on the 7th of January. We'll see you then.
OK, so I mean, since can I start? Yes. I was going to say, since Tenny's a guest, you've got a question. Gary's got some great questions.
I had a lot of questions despite being a criminal defense lawyer for a decade now and growing up in the Gary goes house. First of all, I just want to say I thought Alan Jackson was a class act that despite all your differences with Nathan Hockman, I actually thought his press conference was a class act. But I had a question that I initially asked you, Dad, which I hope that you answer for all the listeners, which is why when Nick Reiner was in court after being charged, was the arraignment moved to January 7th? Like, why not just do it at that moment?
uh two reasons uh is my uh immediate yes yeah what is your guess my immediate response even though alan just said um we don't want speculation i'm going to violate his statement in that press conference number one if he was wearing nick reiner was wearing the bedspread as I call it, that is indicative that he's being housed at Twin Towers in the mental health section. So that means that they consider him to be a danger to himself or others and to have mental health issues, number one, which means that triggers two considerations for Allen. Allen, first of all, under 1368 of the penal code, has got to decide whether this guy is competent or not competent to enter a plea. Entering a plea means you've got to waive your statement of rights.
You have to enter a knowing plea of either not guilty or what will actually eventually, if he's restored to competency, if he isn't right now, a not guilty and not guilty by reason of insanity under the code. Both of those are available and that's probably what eventually we'll do. However, There was reporting yesterday, which is after I have been saying this all week, and the reason she asked that question, it's kind of an infomercial, is because we talked about this three days ago, and she said, I don't understand. And I said, clearly, he's not going to enter a plea for Nick Reiner because he still has to meet him and decide whether or not he is even competent. If he's not competent, meaning he's
He doesn't have an appreciation for what he's doing, how he where he is, what the act or anything else. He cannot assist his lawyer. And you have to declare a doubt. And that triggers a whole process. It's a legal, basically a legal timeout.
Can you explain that process?
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