Post by Michael Capasse on Jun 7, 2021 10:38:32 GMT -5
Fit to Plea
On June 8th '81, Chapman told his attorney he would like to change his plea to guilty.
When counsel Jonathan Marks tried to talk him out if it, Mark refused and the defense filed for further evaluation to
see if the defendant was fit to change his plea. The Judge refused to hear the motion on June 11th,
but would allow consideration on first day of trial June 22nd.
Finally on the first day of court, the Judge asked Chapman as series of questions directly and was satisfied with the answers.
Marks continued to appeal the decision not to further evaluate Chapman's ability to change his plea after having "spoken to God"
"...It did not mean he was insane or nuts", Judge Edwards told Bresler, "No way. He expressed himself very articulately.
If my average defendant pleaded guilty as clearly as that I would be elated."
He never once said, 'I am not guilty. I never killed him. I didn't ever intend to kill him.'
He didn't say a blackbird just passed the window, so because of that, he decided to plead guilty.
Then I'd have said, What? Hey, wait a minute!"
I transcribed the only testimony in the case from Mark's sentencing hearings in the next few postings.
Although it does little for the case of conspiracy, it is an important part of the record to clarify certain facts.
He estimated the distance at about 20 feet, which would put John much further up the driveway and Yoko, in the entrance area.
Chapman told the court he did not speak to Mr. Lennon, and indicated in his answer he remained standing when he fired.
"By the cool, calm, collected way in which he answered my questions, I was absolutely satisfied that he was,
as the law requires, "voluntarily, knowingly, and intelligently" admitting his guilt."
Judge Edwards eventually saw the significance of some kind of competency evaluation to plea, but by then it was too late.
Bresler suspected someone got to Chapman and convinced him to change his plea, squashing any chance of a real trial.
It's not like Dallas with questions or doubts about the investigation were bared. This case was handed to the 20th precinct, solved.
The police investigation needn't look beyond what was given to them. As far as the NY authorities were concerned, it was Chapman alone.
On June 8th '81, Chapman told his attorney he would like to change his plea to guilty.
When counsel Jonathan Marks tried to talk him out if it, Mark refused and the defense filed for further evaluation to
see if the defendant was fit to change his plea. The Judge refused to hear the motion on June 11th,
but would allow consideration on first day of trial June 22nd.
Finally on the first day of court, the Judge asked Chapman as series of questions directly and was satisfied with the answers.
Marks continued to appeal the decision not to further evaluate Chapman's ability to change his plea after having "spoken to God"
"...It did not mean he was insane or nuts", Judge Edwards told Bresler, "No way. He expressed himself very articulately.
If my average defendant pleaded guilty as clearly as that I would be elated."
He never once said, 'I am not guilty. I never killed him. I didn't ever intend to kill him.'
He didn't say a blackbird just passed the window, so because of that, he decided to plead guilty.
Then I'd have said, What? Hey, wait a minute!"
I transcribed the only testimony in the case from Mark's sentencing hearings in the next few postings.
Although it does little for the case of conspiracy, it is an important part of the record to clarify certain facts.
He estimated the distance at about 20 feet, which would put John much further up the driveway and Yoko, in the entrance area.
Chapman told the court he did not speak to Mr. Lennon, and indicated in his answer he remained standing when he fired.
"By the cool, calm, collected way in which he answered my questions, I was absolutely satisfied that he was,
as the law requires, "voluntarily, knowingly, and intelligently" admitting his guilt."
Judge Edwards eventually saw the significance of some kind of competency evaluation to plea, but by then it was too late.
Bresler suspected someone got to Chapman and convinced him to change his plea, squashing any chance of a real trial.
It's not like Dallas with questions or doubts about the investigation were bared. This case was handed to the 20th precinct, solved.
The police investigation needn't look beyond what was given to them. As far as the NY authorities were concerned, it was Chapman alone.