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this post was submitted on 18 Jun 2026
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I hope this is somehow a strategy I'm too ignorant of criminal law to understand.
A psychiatric defense is an affirmative defense. There's lots of affirmative defenses for different reasons, but the main point of an affirmative defense is that you're saying you did do it, but aren't guilty because of X. Its essentially pleading guilty. The prosecutors job is then not to prove you did it, but that you aren't crazy/acting in self defense/were entrapped, etc. The prosecutor was probably sitting happy not doing much thinking it'll be an easy case to prove the person was of sound mind. Now they have to go back to rebuilding the case from the evidence that was legally submitted. Prove where he was at what time for weeks leading up to it, where he got everything, where he went after and how. It's a shit load of work.
But Luigi was at my buddies house in Utah when it happened so there's no way he could have done it. They need to prove beyond a reasonable doubt that he wasn't there.
There's two basic strategies they could pursue.
One is to argue that there is not enough evidence to prove Luigi killed the guy, by poking holes in the evidence collection process and getting lots of the evidence thrown out due to sloppy police work.
The other is to admit that Luigi killed the guy, but try to argue that he was out of his mind and is not in fact a stone cold killer. If the jury accepts this defense then it reduces the maximum penalty by changing the charge from murder to manslaughter.
It had always appeared that the first strategy would be used. However the leak yesterday was that the second strategy would be used.
If they are not using the Insanity strategy, and then it was really really really really really really bad to leak that they might be using it. Because if you are trying to argue that he didn't do it, or that there isn't enough evidence that he did, it doesn't look good to have previously discussed arguing why he did it.
Hoping the same thing. But at the moment it seems sloppy and amateurish