An insanity plea won’t be an easy feat for Nick Reiner’s legal defense team.
As the world continues to attempt to make sense of Rob and Michele Reiner’s tragic murders, we’re hearing an insanity plea may be a long shot for their son. As we’ve been following, the beloved Hollywood couple were found dead in their Brentwood, California home on December 14 by their daughter Romy. Shortly after, Nick was arrested and charged with two counts of first-degree murder, for which he faces a maximum of life in prison without parole or even the death penalty if convicted.
The 32-year-old has already hired big time defense attorney Alan Jackson to represent him in the case, but an insanity plea could possibly be a difficult defense to take. On Friday, Neama Rahmani of California’s West Coast Trial Lawyers, who is connected to the Reiner case, told People:
“To be found not guilty by reason of insanity, that is a very difficult legal hurdle to overcome in California. You have to prove, between disease or defect, the defendant does not know the nature and consequences of his actions. Essentially, you have to show that the defendant doesn’t know right from wrong.”
The legal eagle noted “it is very hard” for inmates to successfully achieve a lesser sentencing based on the plea:
“Jurors almost always reject this defense. It only works a very small percentage of the time.”
The reason why is broken down in stages: the prosecution must first prove culpability, and then the defense must “argue something” such as self-defense. However, in the “second phase” of litigation, “the burden’s on the defense.” So Nick’s team would theoretically have to do a complete 180 on their previous arguments, lean into culpability, and attempt to prove he’s insane:
“Then they gotta turn around and say, ‘Oh, you know what? He actually did it, but he was insane.’ So jurors don’t like it, and it’s rarely, if ever, effective.”
New York criminal defense attorney and former prosecutor Randy Zelin told the outlet insanity could be especially “difficult” to prove in Nick’s case in particular, since a knife was allegedly used at the scene. Furthermore, Nick’s “history of bad blood” with his parents could possibly point to a motive, weakening the argument of “not knowing that you’re engaged in criminal offense conduct.”
As we’ve been covering, Nick reportedly argued with his father at Conan O’Brien’s holiday party the night before the murders. Zelin noted that the manner of Rob and Michele’s deaths “suggests a conscious objective to kill,” and that Nick checking into The Pierside hotel afterwards “shows a level of awareness and reality.”
Rahmani added:
“If you are coherent and capable enough to have an argument with your parents, that’s not legal insanity.”
However, Nick’s history of mental health and drug abuse issues “may play into the case,” according to Rahmani:
“First-degree murder requires premeditation. So that’s plotting, planning, doing something intentionally.”
We previously covered that Nick was reportedly diagnosed with schizophrenia before the murders. Now, he’s being held at the Twin Towers Correctional Facility, where he’s being held in solitary confinement on suicide watch on no bail.
“There is a possibility that the defense may use the schizophrenia to argue that there’s no premeditation. That would knock first degree murder down to second degree.”
Zelin told the outlet that if Nick does happen to be convicted, his defense team could use his “history of mental disease and addiction” to try and reduce his sentencing to manslaughter, potentially “taking the death penalty off the table … Mental health experts here are equally if not more relevant than the lawyering.”
Nick’s arraignment is scheduled to continue on January 7.
What are your thoughts here, Perezcious readers? What do you foresee happening? Be sure to let us know in the comments down below.
For resources on mental health, visit https://www.nimh.nih.gov/health/find-help
