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Hinckley won’t face murder charge in death of James Brady, prosecutors say John Hinckley won’t face murder charge in death of James Brady, prosecutors say
(35 minutes later)
Federal prosecutors said they will not charge John W. Hinckley Jr. with murder in the shooting of President Ronald Reagan’s press secretary in a 1981 assassination attempt, even though a medical examiner concluded his August death was caused by the old wounds.Federal prosecutors said they will not charge John W. Hinckley Jr. with murder in the shooting of President Ronald Reagan’s press secretary in a 1981 assassination attempt, even though a medical examiner concluded his August death was caused by the old wounds.
The decision, announced Friday by the U.S. Attorney for the District, comes four months after the coroner decided that James S. Brady’s death at the age of 73 was caused by bullets fired 34 years ago outside the Washington Hilton on Connecticut Avenue Northwest. Reagan, just 69 days into his presidency, was severely wounded. Brady was struck first, above the left eye, and the bullet shattered in his head into fragments. The decision, announced Friday by the U.S. Attorney for the District, comes four months after a coroner decided that James S. Brady’s death at the age of 73 was a direct result of a bullet fired 34 years ago outside the Washington Hilton on Connecticut Avenue Northwest.
“The decision was made following a review of applicable law, the history of the case, and the circumstances of Mr. Brady’s death, including recently finalized autopsy findings,” the U.S. attorney’s office said in a statement. In a statement, prosecutors said their decision was based on “a review of applicable law, the history of the case, and the circumstances of Mr. Brady’s death.” The 59-year-old Hinckley was found not guilty by reason of insanity in the shooting of Reagan, Brady and two others and has spent the past three decades at St. Elizabeths psychiatric hospital in Southeast Washington.
The medical examiner’s ruling presented law enforcement authorities with a difficult decision on whether to file new charges against the shooter, Hinckley, who has been treated at St. Elizabeths psychiatric hospital since his trial. The 59-year-old was found not guilty by reason of insanity. Hinckley’s attorney, Barry Wm. Levine, said “any idea that this was a prosecutable case was ridiculous. There were so many legal obstacles to prosecuting this case, just countless.” He said that had authorities filed new charges, he believes the case “would be barred as a matter of law.”
Hinckley’s attorney, Barry Wm. Levine, said in August that the prosecutors would “face insurmountable legal barriers” should they bring a case, arguing that the basic elements of the crime have not changed since the shooting. Hinckley told authorities he hoped that killing Reagan would impress the actress Jodie Foster. Brady and his wife, Sarah, became leading advocates of gun control and fought for years for passage of legislation requiring background checks on handgun purchases. The March 30, 1981, assassination attempt came just 69 days into Reagan’s presidency. Reagan was severely wounded. Brady was struck first, above the left eye, and the bullet shattered in his head into fragments. He remained incapacitated for the remainder of his life, paralyzed in the left arm and leg. At the time of his death, he was suffering from aspiration pneumonia, and prosecutors said the cause of death was listed by a coroner in Virginia, where Brady died on Aug. 4, from a “gunshot wound [to the] head and consequences thereof.”
A representative of Brady’s family said in a statement said they respect the decision by the U.S. attorney. “We deeply appreciate the extraordinary outpouring of love and support” since Brady’s death. “We miss him greatly.” A representative of Brady’s family said in a statement that they respect the decision by the U.S. attorney. “We deeply appreciate the extraordinary outpouring of love and support” since Brady’s death. “We miss him greatly.”
Brady’s recovery was hard. He underwent two surgeries within months of the shooting to stop spinal fluid from entering his cranial cavity. He suffered a pulmonary embolism, had epileptic seizures, pneumonia and fevers. He required continuous care at home and was partially paralyzed in his left arm and leg. Brady and his wife, Sarah, became leading advocates of gun control after the shooting, fighting for years for passage of legislation requiring background checks on handgun purchases.
Brady’s death and the finding of homicide brought new attention to the assassination attempt. While some prosecutors, including a supervisor in the U.S. attorney’s office when Hinckley was tried, said the medical examiner offered authorities a new chance to revisit the criminal case, others questioned whether it would be legal, or even a matter of good public policy. Some noted Hinckley already had been prosecuted, and a jury rendered its decision. The medical examiner’s ruling presented law enforcement authorities with a difficult decision on whether to file new charges against Hinckley, who previously had gone to trial on 13 criminal charges, two of them related to Brady: assault with intent to kill while armed and assault with a dangerous weapon. Hinckley told authorities he hoped that killing Reagan would impress the actress Jodie Foster.
Over the years that Hinckley has been at St. Elizabeths, his attorney and health-care workers have petitioned to have his freedoms widened, sparking a prolonged legal battle in federal court. While some prosecutors said in August that the medical examiner offered authorities a new chance to revisit the criminal case, others questioned whether it would be legal, or even a matter of good public policy.
U.S. District Judge Paul L. Friedman ruled in December 2013 that Hinckley could visit his mother in Williamsburg, Va., every month for 17 days. He wrote he was convinced that Hinckley “will not be a danger to himself and to others,” but he rejected a bid for even longer outings saying Hinckley still had not gained friends or ties to people in Williamsburg. U.S. Attorney Ronald C. Machen Jr., the District’s top prosector, provided two legal reasons for not pursuing additional charges against Hinckley.
While in Virginia, Hinckley is under strict rules. He may drive, but only to “destinations where people will be expecting him.” He is allowed six unsupervised outings away from his mother’s house, each lasting up to four hours. He is barred from visiting any areas where the president or members of Congress might be. Even the times of his daytime strolls in Williamsburg are tightly regulated. And attorneys are still debating how much Internet time Hinckley should be allowed while in Virginia. In his statement, he said a judge would likely prevent prosecutors from arguing, or a jury from finding, that Hinckley was sane when he fired the shots. A jury already concluded that he was insane at the time. Machen said in the statement that any attempt to try Hinckley again would result in a directed verdict from the judge reaffirming the jury’s decision in 1982.
Levine argued that the concept of double-jeopardy — which protects defendants from being charged twice with the same crime — would prohibit the filing of a murder charge because the basic elements of the offense have not changed. Hinckley was charged with 13 counts, two of them related to Brady’s shooting: assault with intent to kill and a firearms offense. But other attorneys point to a ruling from the U.S Court of Appeals for the D.C. Circuit upholding a murder charge against a defendant who had years earlier been convicted of assault with intent to kill. The court said the “events necessary” for the new change did not exist until the victim died. Machen also said that the District’s now overturned year-and-a-day law, which prevented filing murder charges 367 or more days after an attack, still impacts the case because it was the law when the assassination attempt was made in 1981.
That same ruling also abolished the District’s year-and-a-day provision, which prohibited murder charges in deaths that occurred 367 or more days after wounds were inflicted. The judges did not make their ruling retroactive, and Levine said he believes it remains binding under rules that governed the case in 1981. Levine also said that he would have argued that the constitutional idea of double jeopardy, which protects against charging a person twice with the same crime, would have protected his client. An element of a murder charge is intent, and he said Hinckley was already adjudicated when the jury declared him insane on the “assault with intent to kill” charge. In addition, Levine said he would have argued that other medical issues caused Brady’s death.
In addition, legal experts said that even with the medical examiner’s ruling, prosecutors might have a hard time proving to a jury that a bullet fired 33 years ago caused Brady’s death in August. They said defense lawyers would likely argue that some other ailment caused or contributed to the death. Levine said in August there are an “infinite number” of possible “intervening causes.” “I think the public will understand it was a decision made professionally, and with due consideration for the law and the facts,” said Joseph E. diGenova, a supervisor in the U.S. attorney’s office when Hinckley was tried. The former prosecutor said that “the criminal justice system is not perfect.” He added, “I’m sure there is nothing prosecutors would have liked better than to charge John Hinckley with murder. But they have higher duties than worrying about public sentiment.”
Though Brady’s death and the decision on how he died brought new attention to the case, Hinckley continues to battle prosecutors on another front: how much freedom he should enjoy now that it appears his illness is waning, or under control. Over the years, Hinckley’s attorney and health-care workers have petitioned to allow him stays with his mother in Williamsburg, Va.
U.S. District Judge Paul L. Friedman ruled in December 2013 that Hinckley could visit his mother every month for 17 days. He wrote that he was convinced that Hinckley “will not be a danger to himself and to others,” but he rejected a bid for even longer outings, saying Hinckley still had not gained friends or ties to people in Williamsburg.
While in Virginia, Hinckley is under strict rules. He may drive but only to “destinations where people will be expecting him.” He is allowed six unsupervised outings away from his mother’s house, each lasting up to four hours. He is barred from visiting any areas where the president or members of Congress might be. Even the times of his daytime strolls in Williamsburg are tightly regulated. And attorneys are still debating how much Internet time Hinckley should be allowed while in Virginia.
“This is a gentleman who was ravaged by mental disease some 30 years ago, and who has recovered entirely,” Levine said. “He is stricken by the grief that he has caused others. This whole event is catastrophic for him. He is keenly aware of what it did to James Brady and to others, and he regrets it profoundly.”