</s>(b) denying appellant's motion for mis- trial founded upon pretrial publicity concern- ing the possible plea of guilty, (c) permitting the prosecution to intro- duge, in evidence before the jury appellant's admission of guilt, made previously in court outside the presence of the jury, at a time when appellant was seeking to enter an un- conditional plea of guilty, and (d) refusing to bar the prosecution, in its argument to the jury at the penalty, phase, from urging death as the proper pun- ishment after the prosecution had expressed williness to accept a plea of Guilty con- ditioned upon a life sentence; 2. The evidence "unequivocally" indicates diminished mental capacity on, the part of appellant, and therefore he should have been convicted of only manslaughter or; at most, second-degree murder; 3. "The seizure of (a) the notebooks from appellant's room, and (b). the envelope from the trash area behind the Sirhan residence. 130. 2025 RELEASE UNDER E.O. 14176

Key Points:
- Appellant Sirhan Sirhan was convicted of first-degree murder for assassinating Senator Robert F. Kennedy, not John F. Kennedy.
- The trial court denied the motion for mistrial after examining each juror individually and finding that none had formed an opinion about the case based on pretrial publicity.
- The prosecution's argument at the penalty phase did not affirmatively ask for the death penalty, and there is no substantial evidence that the prosecution committed itself to not urging death as the proper penalty.
- The defense failed to show that it was misled or relinquished any right or privilege by reliance on any representation made by the prosecution.
- There is sufficient substantial evidence to establish that appellant possessed the mental capacity requisite for commission of first-degree murder.
- Appellant's claim of diminished capacity is without merit, as he was able to maturely and meaningfully reflect upon the gravity of his contemplated act.

Names:
- Sirhan Sirhan
- Senator Robert F. Kennedy

Dates and locations:
- No specific dates or locations provided in this document.

Significant events or activities:
- A court case involving the first-degree murder conviction of an individual with paranoid schizophrenia.
- The court's evaluation of evidence on mental capacity and its findings regarding psychiatric testimony.

Evidence, testimony, or findings mentioned:
- Psychiatric testimony from prosecution witnesses found to lack probative force.
- Expert testimony from defense witnesses discussed in outline form.

RFK Declassified Files

56-la-156-y_sec_001_ser_1--part_4_of_7.pdf

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