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WBEN NewsRadio 930>Audio & Video on Demand>>Prosecuting Cases Involving Mental Illness - Former DA Frank Clark

Prosecuting Cases Involving Mental Illness - Former DA Frank Clark

Dec 19, 2012|

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  1. Debate Preview NY Daily News's Ken Lovett

    Wed, 22 Oct 2014

    With the New York governor debate is tonight in buffalo joining us on the WB and lifeline Camelot that with the New York Daily News he's the Albany bureau chief Ken good morning. Good morning set the stage for us what you think we're in for tonight with this. Hook I think we're gonna see a little bit of fireworks perhaps it's not going to be. As good as the one on one debate we've got to two main candidates Governor Cuomo and Republican run that story you know but we also have. My the party candidates at the insistence of the governor of Green Party candidate Howard Hawkins and libertarian. Michael McDermott which I defy you to find some of them even heard of Michael Mick and. Can what you expected and to be the main issue tonight. Do you think it might be the way the governor dealt with a Moreland commission or fracking or what do you think. I think it's going to be all of that I think yeah this is the shot barrage that's still Leno he's hit Cuomo. On the economy he says Cuomo on the moral and commission and the handling of the leak. Subsequent investigation by the federal of the US attorney. Hydro fracking obviously is the big issue so I think depending on who's talking Sally Hawkins is gonna hit the governor. I'm. I don't backing because Hawkins as opposed to whether he says that you know you can take up the fact of the governor's. Office apparently pushed for changes in the study that was done about Hydro fracking. Absolutely you know cut the truth Q parties got it on the attack. Against the governor of the first kind of well you know they'll be in the same Blake got together but on the other hand. He's got to show who he is and what he's gonna do you have to put out an affirmative. Affirmative platform of the don't. Are as Governor Cuomo he's right now according to Siena holding a twenty point lead here over history in Graham. Governor global got to do is make no mistakes he he can't pull up he can't look like he's forty can't look like. He's. And your beliefs and stage he's gonna have to. Talk about his record which I'm sure he's gonna do and contrast to himself that he's been doing. With the rob actually know who he calls an ultra conservative. The debate being from buffalo I am pretty sure he's also gonna talk about. The buffalo billions something my best to win those criticized and all the new construction going on. And I can you mentioned a hallway Hawkins and we'll stand on the Hydro fracking. What do you suppose is minor candidates. Might say otherwise you know we know that they're going to be asked to. Respond to specific issues but there's always a chance they're gonna pump their own agenda. Little by helicopter in the big thing is Hydro fracking I think that's going to be is his big point. And the reality is about how he Hawkins lucky poles with 9% that's. Hawkins has the potential to do more damage to Cuomo's. Ultimate result then even after Reno at school I was consistently polling at about 33% which is really the normal Republican kind of should turn out that the base Republican support. But the government wanted to be more international purposes and also he wanted to probably top the father who got about 64%. When he ran for reelection in 86. But you'll have to Hawkins gets 910%. 8%. That drags the governor down just don't have a big win over west Toledo but it dragged for governor into the mid to low fifties and that's something he doesn't want. So they could actually play spoiler in a way. While spoiler to the point that the governor you know don't get the margin or the percentage of victory you want to certainly. We all polls show he's up by at least 20% in debt so we'll have a big wins but it may not be so hyper when he wants. This is the only debate of the season. Yeah rather Bruno has been pushing that issue he has wanted a series of regional one on one debate. He also what I had wanted at least one televise a televised one on one debate the governor refused he had offered up doing ache. One on one radio debates prior to ask enough good noted that. You would think he would have taken a given his word is in the polls and how far is and fundraising. And taken it in the bill passed and governor brewer. NAFTA and the one on one televised debate but he duty said he wouldn't do the one on the radio. Ken thanks for joining us this morning appreciate it. Bureau aren't that's Ken Lovett he's the Albany bureau chief for the New York Daily News.

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Automatically Generated Transcript (may not be 100% accurate)

Our guest on the WBM live line as we continue to soar through the Newtown Connecticut school shootings. Former Erie county district attorney frank Clark good morning frank reporting yeah. Prosecuting. Somebody who was mentally ill frank first is gonna prosecute right now in -- because. The alleged shooter in Connecticut battle -- Anna's mother. Are both -- -- with that said do real prosecute hate prosecute people who are. Legally mentally ill. Well you know that depends whether a person is mentally ill might be a question of opinion between opposing experts. Where the people's experts say the person is responsible for attacks. And the defendant's experts say yes it's. Well when you when you have a difference of opinion like that the answer is yes -- do. Do you prosecute in situations. Where there is an agreement between. Between the experts. Where your expert your psychiatrist. Says the same thing -- -- -- psychiatrist then you don't get it you don't -- The -- issue of -- responsibility. Appears to be one that the jury could only find one way. So you don't but most cases -- contested -- that. It is that usual that there is an agreement. Between psychiatrist and in examining the same person. Seems like there are a lot of complexities. That come to the surface in cases involving the mentally ill. This case come to mind for you a pretty big case locally. Well I just quickly bought the one that it comes to mind which was the most bizarre. Was the job justice case which occurred in Taiwan. Some number of years ago -- -- that has to be 25 years ago. But in that case he killed several members of his own family. And then I think it escaping he shot somebody else who was not a family member. And and that there was a verdict it was reversed it came back. It was retried. And he would sound. He was found not responsible -- disease are and some of the cases and responsible on another. So it was a very bizarre. Verdict but he he didn't indicate that jury 102. To look to common sense. And since we're there is. Differing psychiatric opinions and would somebody kills them as -- -- Children. Parents or in this case. Young children. For no discernible reason. The fact that they may be mentally ill becomes becomes very apparent and their likelihood of being convicted. Of that offense is small. But on the other hand even if they're acquitted. They are found not guilty by reason mental disease and then there they are signed. To a mental institution. Where they -- they may well spend the rest of their lives. Frank doesn't day defendant and trial who might be mentally ill or allegedly mentally ill. Half two dozen loosened up to understand the seriousness of the crime the charges and the consequences. Well yes indeed -- in New York it's it's a rabbit stern test you have to understand the nature and quality Iraq. Here they go -- yet and you have to know that what she did was wrong. And in terms in the act and yes you have to be. You know you have to be oriented in time and space. -- got to know where you walk -- -- and and and what this state is doing to. Or all of those have to be established. Before you couldn't proceed with the criminal case. So that there are. Normal risk yes there there is both the precast. Battery done to wish to assume that that you're fit to proceed you know what's going you can help with your own defense. And then when it comes down to the actual trial of the facts of the case. It has to be. You know the jury has to do believe that. You did you didn't know what you -- doing what you were doing was wrong. While complex complicated frank thank you for joining us this morning good to have you with us. Former Erie county district attorney frank Clark.

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