Lisa Polansky is a criminal law attorney in Colorado.
Clemente: Does that mean that theyre charging John with assisting Patsy if she did it, and theyre charging Patsy with assisting John if he did it?
Polansky: Its legally possible in the state of Colorado for John to be assisting Patsy, Patsy to be assisting John.
Clemente: Wouldnt they both then also be charged with the underlying crime, as opposed to just?
Polansky: Yes. Normally, if they do an accessory
charge, which here is generally after the fact, its usually somebody else. My opinion would be that there is a third person.
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http://www.websleuths.com/forums/showthread.php?317457-The-Case-of-JonBenet-Ramsey-CBS-Sept-18-2&p=12829117#post12829117
CBS The Case of JonBenet Ramsey:
Episode 1
"(8)
Press conference snippet-
Alex Hunter "Under no circumstances will I or any of my advisers discuss Grand Jury proceedings today or ever. Unless
ordered by the court."
Clemente and Laura speak to a Boulder Colorado attorney to discuss how these laws are applied.
Lisa Polansky- Colorado Defense Attorney
Laura reads the Grand Jury statement
"So on or bend tween December 25th and December 26th, 1996, John Bennett Ramsey did unlawfully, recklessly, knowingly and
feloniously permit a child to be unreasonably be placed in a situation in which posed a threat of injury to the child's life
or health which resulted in the death of JonBenet Ramsey.
The other count was..
"John Bennett Ramsey did unlawfully knowingly and feloniously render assistance to a person with intent to hinder,
delay, prevent the discovery, detention, apprehension, prosecution, conviction and punishment of such a person, knowing
the person being assisted has committed and suspected of the crime of Murder in The First Degree and Child Abuse
Resulting in Death."
Clemente- " Does that mean they are charging John with assisting Patsy if she did it, and they're charging Patsy with assisting
John if he did it?"
Polansky- "It's legally possible in the state of Colorado for John to be assisting Patsy, or Patsy to be assisting John."
Clemente- "Wouldn't they both then also charged with the underlying crime as proposed to just..."
Polansky- "Yes. Normally if they do an accessory charge which here is generally after the fact, it's usually somebody else.
My opinion would be that there is a third person."
Clemente- "The only third person that's left is Burke Ramsey."
Polansky- "And it's a complicated area. Colorado's minimum age for prosecution is 10 years old. The science behind it of
course would be that the child under 10 is not psychologically able to commit a crime and they use the old common law
term which is infancy which is to say that they can not form the intent. If you look at the brain science, um as we
know the frontal lobe is not fully developed and that's where the executive function occurs. And so it's difficult to
say well a kid clearly made a "decision" to do X,Y,Z. With regard to Burke, he was nine at the time of the crime I don't
know how they would prosecute him because of that floor, that minimum age of 10. Let's just say, you could say, "negligent
Homicide" even if he was, you know prosecuted now, you can't even prosecute him for that because he was not yet 10.""