Page 2 - Mitigating Evidence News Today

Former president. it seems to be a confluence of things to indicate well have move very soon. >> and so dan, talk to me what josh described as this idea of mitigating evidence to be presented potentially by the trump tours to the prosecutors office. that is not -- is that super unusual or not? i understand that it is not entirely out of the realm of the ordinary. and what does that say to you about the time line for potential for charges to be brought here? >> so it is completely normal for a pr...

President personally ensured that some measure of lenience would be shown to bowe bergdahl because of president trump and his inability to not talk about this case. and in fact, the judge gave notice earlier that the presidents inability to stop himself from talking about bowe bergdahl, that would be seen as prejudicial to be treated fair by in the justice system. "mitigating evidence in deciding bergdahls sentence." and bowe bergdahl was sentenced today. he was sentenced to a loss in rank. a fi...

He would mime about shooting him in the head. that itself might have had a prejudicial outcome on the sentencing. but once trump was president, and he was asked about bowe bergdahl, he couldnt resist. he told reporters that he wanted to remind them of what he said about bergdahl during the campaign. and bingo, just like that, the president personally ensured that some measure of lean yens would be shown to bowe bergdahl because of president trump and his inadult to not talk about this case. and ...

That some measure of lenience would be shown to bowe bergdahl during his sentencing, specifically because of president trump and his inability to not talk about this case. and in fact, the judge in the bowe bergdahl case gave notice earlier that the presidents inability to stop himself from talking about bowe bergdahl, that would be seen as prejudicial to bergdahls ability to be treated appropriately and fairly within the justice system. it would be seen as mitigating evidence in deciding bergda...

E-mails. my lawyers releasing them. and then we know. every day in this story part of the developments are what people are not volunteering to tell the whole story. it shouldnt be a matter, well, you didnt ask me if a russian translator was in the room. youre right, i didnt ask. who knew? okay. there are things if you really want out you can volunteer it. and i think and we can talk about this if theres time, professional investigators, agents that do this digging know where people are not volun...

Reality. this was the last opportunity to present mitigating evidence not so much on their immediate decision, but the later choice they have to make on whether or not he should face the death penalty for his roof plans to serve as his own lawyer in the death penalty phase. >> there is a lot that he was trying to put out and he wasnt able to. i think there is a lot there and i dont think she going to put that forward in the sentencing phase. >> it is something that the jury is deliberated right ...

Verdict. juror wills move on to the final portion where theyll decide if holmes deserves to die. scott cohen is outside the courthouse in centennial colorado. victim pact statements play a key role and one juror could prevent a death sentence in colorado. tell us about this. >> reporter: that was the case luke, in the phase that just concluded and colorado law sets a high bar. just to give you a sense of the power of this verdict, again, only a single juror could say, there are enough mitigating...

There will be a recommendation to the general, who then will have to decide based on all the facts and circumstances, including the mitigating evidence, which as you can imagine is very substantial, given the experience that sergeant bergdahl has had, what should be done with the charges. and that could range from, you know, a general court-martial, thats always -- you know, thats an option, to a special court-martial court-martial, summary court-martial, nonjudicial punishment or some kind of a...

Motivation, his intentions as well as the details of his captivity at the hands of the taliban for nearly five years. at the end of that process, there will be a recommendation to the general, who then will have to decide based on all the facts and circumstances, including the mitigating evidence, which as you can imagine is very substantial, given the experience that sergeant bergdahl has had, what should be done with the charges. and that could range from you know, a general court-martial, tha...

To the general, who then will have to decide based on all the facts and circumstances, including the mitigating evidence, which as you can imagine is very substantial, given the experience that sergeant bergdahl has had, what should be done with the charges. and that could range from, you know, a general court-martial, thats always, you know, thats an option, to a summary court-martial, nonjudicial punishment or some kind of administrative outcome. >> can you explain the two different charges an...