Heat Exhaustion

" Appellate court is back in session on the docket today a high school football coach. Charged with reckless homicide. After a player dies during the scorching summer practice. Coach Jason Stinson pleading not guilty yesterday in response to a grand jury indictment. 15 year old max -- and one of his players collapsed on a Kentucky feel back in August. Reports say his body temperature was 107. Degrees. He passed out and then passed away days later -- Stinson says he is crushed but insists. He is not a criminal. It's just said that."

" Our lives because of the way."

" In order to. A Miller -- school it's even though people access accurate. That accurate so. The kids that Jesus went from."

" So as tragic as this is is it actually a crime. Let's ask our panel Fox News legal analyst at least we'll. And defense attorney mark backlash good morning good morning. Oh that's so sad. Just tragic it is it's a horrible tragedy. But the but the question for us this morning is is it a crime. Mark is it."

" Absolutely not in my opinion. The prosecutor equates this to shooting into an abandoned building and then somebody just happens to die and he says it's the same thing. I say it's not the same thing. If you take a hundred prosecutors around the country and you give that fact pattern of shooting into a building that also yap. Shooting a gun in public as a crime then if somebody dies -- the criminal offense. US a hundred prosecutors throughout the country whether these facts in this particular case the criminal offense and you'll get a different response. Aristotle defines justice -- light cases being treated alike. I think that this would be in this carriage of justices to prosecute him."

" Her criminal offense lease is it not punishment enough that he's lost one of his -- somebody who by all accounts he cared for this is a coach -- beloved by the community to community has rallied behind him. Is that not punishment enough should he be sent to prison Megan yes he said and you don't you ask them."

" Federal prosecutor grandmother federal prosecutor mark -- I would charge under these attacks this that the coach is sad okay I got that the boy is dead. His parents sent -- this boy out under the coach's supervision this thirteen year old boy on -- hot August afternoon in Kentucky. And what happens the coach lets his body temperature get to a 107. Degrees the boy passes out before he passes out he asked for water the coach says no. Denies them access to water. Does that coach called paramedics right away and say take this kid does to the hospital know they wait twenty minutes mark with a boy passed out. That it's got to stop the responsibilities got -- there that's not just a civil suit that's a criminal matter not premeditated murder it's not first degree murder but it's reckless homicide are depraved indifference now."

" That seems to -- what led to indictment the fact that allegedly he refused him up water and be. It took so long called paramedics allegedly."

" Obviously it's all -- sensitive but if that coach's position which by the way it was never heard by the grand jury he requested to give testimony for some reason. Get I have a problem how grand juries are so one sided he wanted to speak I think that if he had a chance to give his side of the story he would have maybe explain. What happened maybe just said look just keep practicing out there and we'll get to some water right away we admit it."

" Probably medical let me finish negligent there's -- difference let's make this show the viewers know the difference between negligent conduct and reckless and negligent is that it's reasonably foreseeable that something might happen that's at best what decisions and I think a civil suit we'll take care that sue him and -- and they are -- that did that are similar similar you have on another note you thought."

" About that's enough because please let me tell you that they would that the school is saying that the coach did provide the players with -- regular water breaks and and perhaps it was the case that he just didn't allow this particular water break for this particular child although we don't know what the facts are going to be."

" If you you crew full line between negligence and reckless this year I agree with mark honest I'm an unwed legal sit -- lets you what I back. Yes you cross that line when it's it's true court that he denied access to this -- and let the -- why this fifteen year old boy. Languished for twenty minutes before calling -- That's not just negligence I think -- something to laugh and spent three days in the hospital can you imagine -- parents having to sit."

" There where they that's after the fact."

" Yes and that's tragic and you know what a civil jury's going to hear that and a private Award of damages as a result but what happened after the fact is not and should not be factored into what caused this and in his mind."

" There was nothing sinister about what he did probably at best negligent it should not happen but it I don't see the facts egregious facts that would result -- across the."

" It was negligent up until the point where the boy passed out and that I'd opt -- to the point where the boy asked for water at that point it crosses at recklessness and money alone is not going to help those parents the NASA -- to go out if you're an adult your coach your teacher your charges supervising these kids you have to take care of them."

" Or absent this is a tough one lease and mark thank you so much for being your appearance -- this is a typical case. One final word for our viewers what a horrible tragedy this coached by all accounts cared very much for his players and with very invested in them the whole town is rally behind him still. If this were my child or your child I want answers to. A jury will have to decide if this coach was so reckless that it amounted to homicide. All we can hope for now is that that jury. Which is a just conclusion."

" Big."