This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/world/2013/may/13/aurora-shooting-james-holmes-insanity-plea
The article has changed 4 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Aurora shooting suspect James Holmes seeks change to insanity plea | Aurora shooting suspect James Holmes seeks change to insanity plea |
| (7 days later) | |
| The suspect in the Aurora shooting on Monday asked a judge to enter a plea of not guilty by reason of insanity. The move is widely seen as James Holmes' best hope of avoiding the death penalty. Holmes is charged with murder and attempted murder in an attack on a movie theater in Colorado, on 20 July 2012, that killed 12 and injured 70. | The suspect in the Aurora shooting on Monday asked a judge to enter a plea of not guilty by reason of insanity. The move is widely seen as James Holmes' best hope of avoiding the death penalty. Holmes is charged with murder and attempted murder in an attack on a movie theater in Colorado, on 20 July 2012, that killed 12 and injured 70. |
| Attorney Daniel King made the request in court, saying attorneys now have a diagnosis for James Holmes. He didn't specify what it was. The judge said he would consider arguments first about constitutional questions the defense has raised about Colorado's insanity law. He was expected to decide whether to accept a new plea sometime before a 31 May hearing. | Attorney Daniel King made the request in court, saying attorneys now have a diagnosis for James Holmes. He didn't specify what it was. The judge said he would consider arguments first about constitutional questions the defense has raised about Colorado's insanity law. He was expected to decide whether to accept a new plea sometime before a 31 May hearing. |
| Holmes had bushy hair and beard at Monday's hearing. He did not speak at all. | Holmes had bushy hair and beard at Monday's hearing. He did not speak at all. |
| Prosecutors are seeking the death penalty. They say Holmes, a former neuroscience graduate student, spent months acquiring weapons and ammunition, scouting a movie theater in the Denver suburb of Aurora and booby-trapping his apartment. On 20 July, dressed in a police-style helmet and body armor, he opened fire during a packed midnight showing of The Dark Knight Rises, prosecutors say. | Prosecutors are seeking the death penalty. They say Holmes, a former neuroscience graduate student, spent months acquiring weapons and ammunition, scouting a movie theater in the Denver suburb of Aurora and booby-trapping his apartment. On 20 July, dressed in a police-style helmet and body armor, he opened fire during a packed midnight showing of The Dark Knight Rises, prosecutors say. |
| No motive has emerged in nearly 10 months of hearings, but Holmes' attorneys have repeatedly said their client is mentally ill. He was being treated by a psychiatrist before the attack. | No motive has emerged in nearly 10 months of hearings, but Holmes' attorneys have repeatedly said their client is mentally ill. He was being treated by a psychiatrist before the attack. |
| A judge entered a standard not guilty plea on Holmes' behalf in March, and he needs court permission to change it. Dan Recht, a past president of the Colorado Criminal Defense Bar, said it was a foregone conclusion the judge would accept the new plea to preclude appeals later. | A judge entered a standard not guilty plea on Holmes' behalf in March, and he needs court permission to change it. Dan Recht, a past president of the Colorado Criminal Defense Bar, said it was a foregone conclusion the judge would accept the new plea to preclude appeals later. |
| Holmes' lawyers have held off on changing his plea until now, fearing a wrinkle in the law could cripple their ability to raise his mental health as a mitigating factor during the sentencing phase. Two judges have refused to rule on the constitutionality of the law, saying the attorneys' objections were hypothetical because Holmes had not pleaded insanity. The defense had little choice but to have Holmes enter the plea and then challenge the law. Holmes' lawyers announced last week that Holmes would ask to change his plea at Monday's hearing. | Holmes' lawyers have held off on changing his plea until now, fearing a wrinkle in the law could cripple their ability to raise his mental health as a mitigating factor during the sentencing phase. Two judges have refused to rule on the constitutionality of the law, saying the attorneys' objections were hypothetical because Holmes had not pleaded insanity. The defense had little choice but to have Holmes enter the plea and then challenge the law. Holmes' lawyers announced last week that Holmes would ask to change his plea at Monday's hearing. |
| The insanity plea carries risks for both sides. Holmes will have to submit to a mental evaluation by state-employed doctors, and prosecutors could use the findings against him. | The insanity plea carries risks for both sides. Holmes will have to submit to a mental evaluation by state-employed doctors, and prosecutors could use the findings against him. |
| "It's literally a life-and-death situation with the government seeking to execute him and the government, the same government, evaluating him with regard to whether he was sane or insane at the time he was in that movie theater," said Recht. | "It's literally a life-and-death situation with the government seeking to execute him and the government, the same government, evaluating him with regard to whether he was sane or insane at the time he was in that movie theater," said Recht. |
| Prosecutors must convince jurors beyond a reasonable doubt that Holmes was sane. If they don't, state law requires the jury to find him not guilty by reason of insanity. "That's a significant burden on the prosecution," Recht said. If acquitted, Holmes would be committed to the state mental hospital indefinitely. | Prosecutors must convince jurors beyond a reasonable doubt that Holmes was sane. If they don't, state law requires the jury to find him not guilty by reason of insanity. "That's a significant burden on the prosecution," Recht said. If acquitted, Holmes would be committed to the state mental hospital indefinitely. |
| The mental evaluation could take weeks or months. Evaluators will interview Holmes, his friends and family, and if Holmes permits it they will also speak with mental-health professionals who treated him in the past, said Dr Howard Zonana, a professor of psychiatry and adjunct professor of law at Yale University. Evaluators may give Holmes standardized personality tests and compare his results to those of people with documented mental illness. They will also look for any physical brain problems. | The mental evaluation could take weeks or months. Evaluators will interview Holmes, his friends and family, and if Holmes permits it they will also speak with mental-health professionals who treated him in the past, said Dr Howard Zonana, a professor of psychiatry and adjunct professor of law at Yale University. Evaluators may give Holmes standardized personality tests and compare his results to those of people with documented mental illness. They will also look for any physical brain problems. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. | Our editors' picks for the day's top news and commentary delivered to your inbox each morning. Enter your email address to subscribe. |
| Our editors' picks for the day's top news and commentary delivered to your inbox each morning. |