Charges in Brady’s homicide could prove tough
August 10, 2014 12:17 AM | 1304 views | 1 1 comments | 4 4 recommendations | email to a friend | print
Former White House press secretary James Brady, left, who was left paralyzed in the Reagan assassination attempt, looks at his wife Sarah Brady, during a March 30, 2011 news conference on Capitol Hill in Washington marking the 30th anniversary of the shooting. Brady’s death this week has been ruled a homicide, District of Columbia police said Friday. <br> The Associated Press
Former White House press secretary James Brady, left, who was left paralyzed in the Reagan assassination attempt, looks at his wife Sarah Brady, during a March 30, 2011 news conference on Capitol Hill in Washington marking the 30th anniversary of the shooting. Brady’s death this week has been ruled a homicide, District of Columbia police said Friday.
The Associated Press
slideshow
By Brett Zongker and

Kasey Jones

Associated Press Writers

WASHINGTON — Trying to bring a case against John Hinckley Jr. in the homicide of former White House press secretary James Brady could prove difficult for prosecutors, given the three decades that have passed since he was shot in an assassination attempt on Ronald Reagan, and because a jury ruled that Hinckley was insane when he opened fire, an attorney and law professor said.

A medical examiner determined Brady’s death on Monday at age 73 was a homicide, even all these years later, with an autopsy revealing the cause to be the gunshot wound to the head he suffered in 1981 and its health consequences, District of Columbia police spokeswoman Gwendolyn Crump said in a news release Friday.

Federal prosecutors only said they are reviewing the ruling. But bringing new charges against the 59-year-old in Brady’s death seemed unlikely, at least two people said.

“I think it (the medical examiner’s ruling) will mean nothing,” long-time Hinckley attorney Barry Levine told The Associated Press. “No prosecutors will bring such a case. The notion that this could be a successful prosecution is far-fetched. There is no legal basis to pursue this.”

Brady lived through hours of delicate surgery right after the shooting and further operations over the past 33 years, but never regained normal use of his limbs and was often in a wheelchair.

Besides partial paralysis from brain damage, Brady suffered short-term memory impairment, slurred speech and constant pain, though it didn’t stop his pursuit of stronger gun control laws. His family said he died at his Virginia home from a series of health issues.

Tung Yin, a professor of law at Lewis & Clark Law School in Portland, Ore., said Friday it’s rare that the act that could be considered the cause of a murder occurred so long ago.

“It seems a little bit unprecedented,” Yin said of the Virginia medical examiner’s ruling. He said such cases more likely involve a person in a coma who dies some time later.

He said bringing such a case could cause problems for prosecutors, because Hinckley Jr. was found not guilty by reason of insanity.

“A jury has already concluded on the same incident that he (Hinckley Jr.) was not guilty. Nothing today changes that,” Yin said, even if prosecutors say Hinckley is no longer insane. “That doesn’t change what he was 33 years ago.”

Hinckley Jr. attempted to assassinate Reagan outside the Washington Hilton Hotel on March 30, 1981, just two months into the new president’s term. Reagan nearly died from a chest wound. Three others, including Brady, were struck by bullets from Hinckley’s handgun.

In 1982, the insanity verdict came for all charges in a 13-count indictment, including federal counts of attempted assassination of the president of the U.S., assault on a federal officer and use of a firearm in the commission of a federal offense, as well as District of Columbia offenses of attempted murder, assault and weapons charges. The District of Columbia offenses included charges related to the Brady.

Levine said prosecutors would have the additional challenge of proving Brady’s death this week was the result of an act 33 years ago. “How do you prove causation beyond a reasonable doubt?” he asked.

Gail Hoffman, a spokeswoman for Brady’s family, said the homicide ruling “is not a surprise to any of us.” She said the family would respect whatever prosecutors think is appropriate in dealing with the ruling.

Levine said Hinckley wanted to express his deep sympathy for Brady’s family. “He has the highest regard for (James) Brady,” he said.

Officials at St. Elizabeths Hospital in Washington, where Hinckley is a patient, have said the mental illness that led him to shoot Reagan in an effort to impress actress Jodie Foster has been in remission for decades. Hinckley has been allowed to leave the hospital to visit his mother’s home in Williamsburg, Va., and can now spend more than half of his time outside the hospital on such visits.

Levine doesn’t expect the homicide ruling to affect Hinckley’s permission to continue the visits.

“The court has found he has regained his mental health,” Levine said.

Comments
(1)
Comments-icon Post a Comment
wondering if
|
August 10, 2014
It would be interesting to know if the declaration of death as murder allows Mr. Brady's widow to collect additional benefits.
*We welcome your comments on the stories and issues of the day and seek to provide a forum for the community to voice opinions. All comments are subject to moderator approval before being made visible on the website but are not edited. The use of profanity, obscene and vulgar language, hate speech, and racial slurs is strictly prohibited. Advertisements, promotions, and spam will also be rejected. Please read our terms of service for full guides