However, experts say that it would be “very difficult” for Nick’s lawyers to convince a jury that his mental illness absolves him of responsibility for his parents’ deaths.
Rob Reiner (center) and wife Michele Singer (L) and son Nick Reiner (R) attend Teen Vogue’s Back-to-School Saturday kick-off event at The Grove on August 9, 2013 in Los Angeles, California. (Photo by Michael Buckner/Getty Images for Teen Vogue)
One prominent attorney says that it would be almost impossible for Reiner’s attorneys to secure a not guilty verdict by employing the insanity defense.
“To be found not guilty by reason of insanity, that is a very difficult legal hurdle to overcome in California,” Neama Rahmani of California’s West Coast Trial Lawyers tells People.
“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.”
There was a time when the defense was employed more frequently, but Rahmani says that modern jurors are unlikely to be swayed by it.
Honoree Rob Reiner poses with family at the 41st Annual Chaplin Award Gala at Avery Fisher Hall at Lincoln Center for the Performing Arts on April 28, 2014 in New York City. (Photo by Michael Loccisano/Getty Images)
“It is very hard,” says Rahmani, to convince a jury that a defendant could not be held accountable for their violent actions.
“Jurors almost always reject this defense. It only works a very small percentage of the time.”
Rahmani says that part of the difficulty lies in the fact that the prosecution presents its case first, meaning that a defense attorney using the insanity defense has to begin by acknowledging that much of what the jury just heard was true.
“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,” Rahmani explains.
Director Rob Reiner (second from left) and family arrive at the premiere of “Rumor Has It” at the Grauman?s Chinese Theater on December 15, 2005 in Hollywood, California. (Photo by Kevin Winter/Getty Images)
It’s unclear if the prosecution will pursue the death penalty against Reiner.
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