Corrected entry: Before Emil kills Eddie, he tells Eddie his plot. He tells Oleg to turn the camera off after he has already told Eddie that he will kill him. This would have been on the tape that was given to the news media. In the United States, demonstrating malice aforethought proves that one is not temporarily insane, it shows that they know exactly what they are doing and that they have thought out or planned how to do it. This is defined as murder in the first degree. No court in the US would have ever found Emil unfit to stand trial and he would likely go down for murder one.
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Correction: The original tape given to Hawkins edited out that part of the tape. At the end of the movie,in front of the courthouse, Oleg shows the tape to Hawkins showing Emil knew what he was doing before he killed Eddie.
ChiChi