I agree his behavior in the interviews is likely going to come back to bite him. Even if one were to believe his version of events it’s hard to understand how his despair over the deaths of his kids didn’t utterly visibly crush him those 36 hours afterwards. Perhaps he was still in panic coverup mode and was still disassociating as best he could, perhaps he is nothing but a cold arrogant man only trying to cover his arse. It’s so hard to imagine what might have been going on inside his mind.
As for the trying to save the girls/getting them to breathe- I ask this genuinely only bc I’m trying like the rest of us to sort out the facts- has that been confirmed? Has he denied trying to give them CPR, etc? I know he claimed he saw through the monitor SW “actively strangling” Celeste, and it certainly stands to reason that if a parent saw this they would go over and try to save the child instead of strangling the spouse, but has he denied trying to save them? I realize this may sound preposterous to ask, but again- I’m trying to figure out what’s been confirmed as to his story. At the end of the day, his defense team is going to attempt to paint a picture of what happened in the house that night and the picture they will try to paint is that CW cared about the kids. I do think it’s reasonable they will claim he did try to resuscitate them, unless of course we already know he didn’t. There sure is a lot they haven’t disclosed about what he says happened.
ETA: we do know he didn’t call 911- that’s certainly a fact. Calling 911 would mean the entire tragedy would be out in the open. So we can conclude that either way (CW or SW killing the children) he did not want anyone to know what happened.
It's a good question. You're right. It hasn't truly been confirmed. And I have often thought that by repeating he didn't try to revive them, we might be giving ideas to the defense. But there's no evidence he tried. What would his wife have been doing as she is trying to revive the kids? Standing there? Trying to stop him? Trying to kill him or herself?
And here's the thing, the theory that he might have tried to revive the kids before killing her does two things that hurt him:
1. That would erase the "defense of others" defense.
Because if he strangled her to stop her from strangling the kids, that could theoretically fit. But if he did so after making sure the kids were dead, he could not use that defense.
CO 18-1-704. Use of physical force in defense of a person
2. It could erode the heat of passion mitigator. If he spent time trying to revive the kids before he suddenly acted and killed SW, it could be argued that that means he had "time to reflect" between the time he saw her engaged in the act, as the affidavit states, and the time he strangled her in rage. And the affidavit doesn't state: "He says he saw her strangling the kids. He ran and tried to get her off the kids. He checked their pulses. He spent 20 minutes doing CPR. When he realized it was hopeless, he burst into a rage and strangled his wife." Instead it says he saw her strangling one child and "he went into a rage and ultimately strangled Shanann to death."
And if he claims he used CPR while in that rage, (which doesn't make much sense to me), before "ultimately" strangling her to death, he erodes the heat of passion mitigator:
"[M]urder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person;
but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony."
2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 3 - :: Offenses Against the Person :: Part 1 - :: Homicide and Related Offenses :: § 18-3-103. Murder in the second degree
It would seem that the time it takes to check vitals, use CPR and determine it is not working, would allow "
an interval sufficient for the voice of reason and humanity to be heard."
But this is all academic. Because as most assume, they have much more than what's in the affidavit, which is not more than a summary. I think it is reasonable to assume they have hours of taped interrogation and a statement by CW that is much fuller than the summary presented in the affidavit. That will be compelling and horrifying to watch I think. But it will tell us exactly what he said about that morning and if he attempted to revive his kids, he would have said that during his "confession."
Either way, the DA heard everything he stated in those tapes and charged him anyways, with five counts of first degree murder.