Once the Commonwealth was satisfied that DeSalvo was the Strangler, very sticky legal issues had to be resolved before any trial could be held. Basically, DeSalvo's confession was inadmissible as evidence.
Bailey put it this way to Brooke and Bottomly: "When I met Albert, there were enough indictments pending against him to pretty much ensure that he'd never be walking the streets again. Now, I've helped him disclose that he's committed multiple murder, it's a certainty he'll never be released. Show me some way to avoid the risk of execution — I'll run the risk of conviction, but not execution – and you can have anything you want. I know damn well that neither of you really wants to see him killed. Tell me, is that asking too much?"
Brooke didn't think Bailey was asking for too much, but he wanted to think about it some more. At this point he was a solid candidate for the Senate and they agreed that it would be a mistake to have the DeSalvo trial in the midst of the campaign. At least Bailey could get a ruling on whether DeSalvo was mentally competent to stand trial. And despite the objections of Dr. Robey, DeSalvo was found competent to stand trial.
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