Death Penalty 'On The Table' for Nick Reiner

Rob Reiner's son Nick could face the death penalty as he's charged with murdering his parents. ABC News Legal Analyst Royal Oakes joins us to discuss the case.

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Episode Transcript

Speaker 1 (00:00):
Let's go to the hotline and bring in ABC News
legal analyst Royal Oaks to talk about the charges that
have been filed against Nick Reiner in the murder of
his father, Rob Reiner and mother Michelle Reiner. So, Royal,
what stood out to you about the charges?

Speaker 2 (00:16):
Well, the rest of tone by the District Attorney in
Los Angeles, Nathan Hotman. He announced two murder charges, including
the possibility of seeking the death penalty, because in California,
if you kill multiple people, you can be eligible for
capital punishment. The problem the DA has is that the
Governor of California, Gavenusum, is not a fan of the
death penalty, and through moratoriums and rules about the process,

(00:41):
he can actually put an execution on the shelf. So
you can get a conviction from a jury, but it
doesn't necessarily mean that anybody actually will go to death row.

Speaker 1 (00:50):
The fact that this is a first degree murder charge,
what does that mean? Specifically?

Speaker 2 (00:56):
Your first degree murder is where you intended to kill.
Now one could argue that, well, he didn't really intend
to kill because maybe the drug problems, mental illness problems
that would kick it down to manslaughter, because, for example,
voluntary intoxication is a situation where even if you choose
to take drugs or alcohol and then you commit a crime,

(01:17):
it could be that you're so impaired that a jury
could say, we're not really going to charge him, or
find that he had the specific intent to murder. He
just didn't have enough brain power going, but we will
find him guilty of manslaughter because it doesn't represent a
basis for a not guilty verdict.

Speaker 1 (01:33):
What was the reasoning for him not appearing in court
yesterday like he was supposed to do.

Speaker 2 (01:41):
So, whenever you're in the jail and you're to be
brought to court, the jail officials have to clear you
medically and physically, for example, if you're suicidal or if
you're having a psychotic break because whatever metal or physical
problem that you're just not going to be in shape
to make a court appearance, then they wait until you
are in shape. That's what happened, And one of the
things that DA pushed back on a little in the

(02:04):
press conference. He said, hey, you know what, everybody, every
single prisoner is cleared medically when they're going to be
moved from the jail to the court. So the fact
that we had to put off. His first appearance in
court doesn't necessarily mean anything, so he's resisting the idea
that mental health issues might be an explanation for the crime.
Of course, we are seen reporting that Conan O'Brien hosted

(02:26):
a holiday party attended by Bill Hayter and other celebrities,
presumably where there was a confrontation between Rob Reiner and
Nick Reiner Saturday night, maybe hours before the murders, and
of course witnesses to that probably will get involved in
this murder case to the extent Rick nick Reiner's metal
state is a critical element of the case.

Speaker 1 (02:47):
We're joined by ABC News legal analyst Royal Oaks. It
clearly seems like, based on what we know about the
scene of the crime and then the hotel room where
Nick Reiner was staying before he was arrested, that forensic
evidence is going to play a big role in this
right yeah.

Speaker 2 (03:05):
And it's frustrating because at the press conference, of course,
the inquiring minds want to know. Reporters were asking, you know,
tell us, how did you how did you get him?
What's the evidence look like of his guilt? And both
the Chief of Police of l A and we're not
going there we're not announcing any of the evidence that
we have. We'll bring that out in court. And so

(03:28):
to the extent there is a court appearance and formal
charges are being filed, we'll see those detailed, but right
now we just don't have them.

Speaker 1 (03:36):
And finally, the mental health issues, there's a lot of
documentation on that over the years for Nick Reiner, homelessness, drugs.
How could that play into his defense because it seems
like that's where this has had it.

Speaker 2 (03:50):
Oh, it's going to be a huge aspect of the case.
I mean, let's assume for the moment, and we don't know,
but let's assume that the DA has a very strong
case that Nick Reiner did these killings. Then it all
shifts to, well, why did he do it? And is
there a basis from the defense standpoint to kick it down? Demandslaughter,
which could be three four six years behind bars as

(04:11):
opposed to life in prison for murder or maybe even
the death penalty if it's in forest in California.

Speaker 1 (04:18):
ABC News legal analyst Royal oaks with us this morning.
Royle really appreciate the insight. Thanks so much, you bet.

Speaker 2 (04:24):
Thanks