PHOENIX — Mother of three Rachel Henry is behind bars at the Fourth Avenue Jail charged with three counts of first-degree murder.
An attorney, Hector Diaz, tells 12 News "what's next" in this case may be tough since Phoenix Police say Henry confessed to doing it.
”It makes it difficult because now you've got somebody in their own words, is confessing and admitting, here's what I did,” Diaz said.
Diaz says Henry’s confession to cops doesn't make this a cut and dry case.
“The question is, did she make that confession voluntary or was it something else? Was it coerced by police conduct there's no information suggesting that but it's something you look at in terms of defending a case especially when there's a confession, was the confession voluntary made," he added.
As Henry went before a judge Tuesday, prosecutors pointed out a history of drug abuse and the mistreatment of her kids.
“One of the issues that the defense attorney will run into is, can this person assist in their own defense or are they laboring under a mental issue,” he said.
In Arizona, legal counsel can request a mental health hearing, in hopes of determining why something like this could happen.
”It really takes time in terms of looking at her mental health and looking at her history and so it's a possibility but does that mean she goes scott free, no, she still is going to be held accountable but it's different under those rules, those guilty but insane statutes," he added.
Diaz adds, that if she, in fact, confessed to killing her young kids, then the next step is for prosecutors to figure out why.
”Why did it happen and part of that is to allow the county to make a determination on whether or not they'll seek the death penalty,” he said.
Henry is due back in court next week, a case we'll continue to follow on all of our platforms.
