Rob and Michele Reiner were found dead in their Los Angeles home on Dec. 14; their son Nick has been charged with two counts of first-degree murder in connection with their deaths<\/p>\n<\/li>\n
Two lawyers weigh in with PEOPLE about Nick possibly pleading insanity in his case<\/p>\n<\/li>\n
\u201cJurors almost always reject\u201d an insanity defense, says attorney Neama Rahmani<\/p>\n<\/li>\n<\/ul>\n
Will Nick Reiner<\/a> plead insanity after being charged with murder in connection with the deaths<\/a> of his parents Rob<\/a> and Michele Reiner<\/a>? It remains unclear, but it’s a defense with a historically low success rate in court, according to legal experts.<\/p>\n \u201cTo be found not guilty by reason of insanity, that is a very difficult legal hurdle to overcome in California,\u201d Neama Rahmani of California\u2019s West Coast Trial Lawyers, who is not connected to the Reiner family case, tells PEOPLE. \u201cYou have to prove, between disease or defect, the defendant does not know the nature and consequences of his actions. Essentially, you have to show that the defendant doesn’t know right from wrong.”<\/p>\n The When Harry Met Sally… filmmaker, 78, and his wife Michele, 70, were found dead<\/a> in their Los Angeles home on Dec. 14. Their son Nick, 32, was then arrested and charged<\/a> with two counts of first-degree murder; he is being held without bail at Twin Towers Correctional Facility, where, a police source told PEOPLE, he was put on suicide watch in solitary confinement<\/a>. His charges carry a maximum sentence of life in prison without parole or the death penalty, if convicted.<\/p>\n \u201cIt is very hard,\u201d says Rahmani, for most defendants to achieve a more lenient sentencing by pleading insanity in court. \u201cJurors almost always reject this defense. It only works a very small percentage of the time.\u201d<\/p>\n Mona Edwards \/ BACKGRID<\/p>\n Nick Reiner in court on Dec. 17 (Mona Edwards \/ BACKGRID)<\/p>\n Never miss a story \u2014 sign up for PEOPLE’s free daily newsletter<\/a> to stay up-to-date on the best of what PEOPLE has to offer\u200b\u200b, from celebrity news to compelling human interest stories.\u00a0<\/strong><\/p>\n That\u2019s partly because of where an insanity plea falls amid legal proceedings, he continues, noting that first, prosecution must prove culpability and the defendant will “argue something” like self-defense.<\/p>\n In the “second phase,” he continues, \u201cthe burden’s on the defense”: lawyers will typically attempt to argue a defendant is legally insane, thus reversing the earlier narrative. \u201cThen they gotta turn around and say, \u2018Oh, you know what? He actually did it, but he was insane.\u2019 So jurors don’t like it, and it’s rarely, if ever, effective.\u201d<\/p>\n Denise Truscello\/Getty<\/p>\n (Left-right:) Jake Reiner, Nick Reiner, Romy Reiner, Michele Reiner and Rob Reiner in 2024<\/p>\n In the case of Nick facing two counts of first-degree murder in connection with the deaths of his parents, with a special allegation of using a knife, surrounding circumstances could make a successful insanity plea \u201cdifficult,\u201d New York criminal defense attorney and former prosecutor Randy Zelin tells PEOPLE.<\/p>\n In a court of law, a \u201chistory of bad blood\u201d could point to a possible motive, mitigating \u201cnot knowing that you\u2019re engaged in criminal offense conduct,\u201d says Zelin, who is also not affiliated with the Reiner case.<\/p>\n Nick and Rob argued at Conan O\u2019Brien\u2019s Dec. 13 holiday party<\/a> the night before the deaths, according to sources. Zelin offers his opinion that the manner of Rob and Michele’s death \u201csuggests a conscious objective to kill” and his following actions, such as reportedly checking into The Pierside hotel in Santa Monica, Calif., “shows a level of awareness and reality.\u201d<\/p>\n \u201cIf you are coherent and capable enough to have an argument with your parents, that’s not legal insanity,\u201d Rahmani similarly argues.<\/p>\n Caroline BREHMAN \/ AFP via Getty <\/p>\n Alan Jackson outside Los Angeles Superior Court on Dec. 17<\/p>\n However, Nick\u2019s mental health and allegations of drug use “may play into the case,\u201d adds Rahmani, following reports<\/a> from The Los Angeles Times and KNBC that he was receiving medical treatment for schizophrenia<\/a> at the time of the deaths.<\/p>\n \u201cFirst-degree murder requires premeditation. So that’s plotting, planning, doing something intentionally. There is a possibility that the defense may use the schizophrenia to argue that there’s no premeditation. That would knock first degree murder down to second degree.\u201d<\/p>\n Zelin argues that if Nick is convicted, his defense team could indeed use his \u201chistory of mental disease and addiction\u201d to reduce sentencing to manslaughter, potentially \u201ctaking the death penalty off the table\u2026 Mental health experts here are equally if not more relevant than the lawyering.\u201d<\/p>\n Nick made his first appearance in court<\/a> on Dec. 17, wearing an anti-suicide smock and shackles<\/a>. His attorney, Alan Jackson<\/a>, declined to enter a plea for his client at that time. The Being Charlie<\/a> screenwriter\u2019s arraignment is scheduled to continue on Jan. 7.<\/p>\n![\"Mona](\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/12\/5150afeb6ad75a75be01a3f004ff75a0.jpeg\"\/)
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