Sunday, January 17, 2021

Insanity Defense of Police Officer

REP. FREDERICK W. SIAO
Lone District of Iligan City
Chair, Committee on Civil Service & Professional Regulation
Vice-Chair, Committee on Public Order & Safety
http://www.freddiesiao.com/ Twitter: @freddiesiao 0917-729-2437                                      

GOVERNMENT PROSECUTORS SHOULD BE READY TO DEMOLISH ANY INSANITY DEFENSE OF DISMISSED POLICE OFFICER NUEZCA

Given the not guilty plea the accused murderer police officer Nuezca has made, we can most probably expect an insanity defense by his legal counsel in the coming weeks.

Nuezca's lawyers will try to put forward the insanity defense. They will try to convince the public that Nuezca "lost his mind", had a "psychotic episode", or "nagdilim ang paningin" moments before he shot in the head and instantly killed Sonya Gregorio and Frank Gregorio.

The viral video of the murder is clear and plain to see. All the necessary elements of the crime of murder are there. In my view Nuezca and his lawyers will fail at their insanity defense.

Being an exception, the insanity defense has the strictest tests and hurdles in our courts. Our court judges are limited by established rules and precedents on the use of the insanity defense.

Nuezca's lawyers could try to use eyewitness testimony and might have some psychologist or psychiatrist or pastor or priest of whatever church to come forward to publicly state a compassionate assessment of Nuezca's mental health. They might even use the "nagdilim ang paningin defense" used in other situations completely different from the Nuezca situation.

Nuezca's lawyer's might point out that the viral video did not show or have a frontal view of the incident because the angle of the video was from the window behind Nuezca. But that defense should not prosper because the video did show the face of Nuezca several times during the video. The video also had audio proving Nuezca was conversing with the people around him who were pleading for mercy for Sonya and Frank Gregorio.

I hope our government prosecutors will be ready to assail and demolish the insanity defense Nuezca's lawyers will mount. (END)

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