LEILA FADEL, HOST:
A grand jury indictment against Nick Reiner has new allegations about how prosecutors believe he killed his parents, Rob Reiner, a well-known director and actor, and Michele Singer, a photographer and producer. The indictment accuses Nick of lying in wait before ambushing them at their home in December. Nick pleaded not guilty on Wednesday to two counts of murder and is being held without bail. Reporter Steve Futterman has been covering the story from LA and joins me now. Good morning.
STEVE FUTTERMAN: Good morning.
FADEL: So, Steve, what else is in this indictment?
FUTTERMAN: Well, much of this is a repeat of the earlier charges. There are those two counts of first-degree murder, along with three special circumstance allegations - multiple murders, use of a deadly weapon - in this case, a knife - and finally, lying in wait. It's that last special circumstance - lying in wait - that is new. Former federal prosecutor Laurie Levenson says it's an important element.
LAURIE LEVENSON: This indictment makes it pretty clear that the DAs believe that notwithstanding Reiner's mental problems, he did premeditate this killing.
FUTTERMAN: Nick Reiner did briefly appear in court yesterday and, as you mentioned, pleaded not guilty. Now, with the indictment, there is no longer a need to hold a preliminary hearing, which is sort of a mini trial. Generally, it's felt skipping this does benefit the prosecution. It avoids them having to give the defense a bit of a preview of their case. It also prevents having prosecution witnesses face cross-examination twice - in the preliminary hearing and then in the trial. And for witnesses who are not used to scrutiny like this, it can help.
FADEL: And what do we know about Nick Reiner's defense?
FUTTERMAN: Well, it's been widely speculated and assumed that there will be a mental health defense or a diminished capacity defense. But the defense team has not said anything official. Reiner's struggles, though, have been well documented, including schizophrenia, addictions. He went through repeated rehab treatments, and on several occasions, there were periods of homelessness.
We know that shortly before the killings, Reiner attended a Christmas party with his parents at the home of comedian Conan O'Brien. And there was some sort of loud argument or disagreement between Nick Reiner and his parents. Shortly after that, all three left the party and went home. That's when Nick Reiner allegedly stabbed his parents repeatedly with a knife.
FADEL: Now, besides the allegations in this indictment, what else do we know about the prosecution?
FUTTERMAN: Well, on the basic facts, the prosecutors act as if they are sure they are going to get a conviction. This is LA County District Attorney Nathan Hochman earlier this year.
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NATHAN HOCHMAN: We are fully confident that a jury will convict Nick Reiner beyond a reasonable doubt of the brutal murders of his parents and do so unanimously.
FUTTERMAN: The one part of the prosecution's case that we still don't know about is whether they will seek the death penalty, which Reiner could face because of those special circumstance allegations. Laurie Levenson says there will be a very deliberate process in making that decision.
LEVENSON: He'll start going through the process, where the district attorney looks very closely at him and at the crime - determine whether this is one of those rare cases in Los Angeles where the death penalty will be sought.
FUTTERMAN: The DA, by the way, has said he will consult with Rob Reiner's two other children before making that decision.
FADEL: And how soon might the trial happen?
FUTTERMAN: Well, it's going to take some time. It's almost certain not to begin until next year. The next hearing is set for September 15. And we do expect to get the unsealed grand jury transcripts possibly in the next two weeks, and that may tell us more about the evidence against Reiner.
FADEL: That's reporter Steve Futterman in Los Angeles. Thank you, Steve.
FUTTERMAN: Thank you. Transcript provided by NPR, Copyright NPR.
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