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Aurora jury to consider James Holmes's mental illness in death penalty decision Aurora jury to consider James Holmes's mental illness in death penalty decision
(35 minutes later)
After a jury found James Holmes guilty on Thursday of 165 charges related to the 2012 theater shooting rampage in Aurora, Colorado – including 24 counts of first-degree murder – the question jurors now face is whether Holmes should be sentenced to death for his crimes.After a jury found James Holmes guilty on Thursday of 165 charges related to the 2012 theater shooting rampage in Aurora, Colorado – including 24 counts of first-degree murder – the question jurors now face is whether Holmes should be sentenced to death for his crimes.
The jury will begin considering Holmes’ fate on Wednesday. Court officials said they expect the sentencing phase of his trial to last up to a month. The jury will begin considering Holmes’s fate on Wednesday. Court officials said they expect the sentencing phase of his trial to last up to a month.
The vast majority of victims’ family members who spoke with the media on Thursday said they want to see Holmes executed, even as a few expressed moral ambivalence about capital punishment.The vast majority of victims’ family members who spoke with the media on Thursday said they want to see Holmes executed, even as a few expressed moral ambivalence about capital punishment.
“I hope I can do everything I can to see that this guy’s Colorado privileges are taken away,” said Tom Sullivan, whose son Alex was killed in the attack. “That he no longer gets to breathe the sweet air us Coloradans get to breathe any more.”“I hope I can do everything I can to see that this guy’s Colorado privileges are taken away,” said Tom Sullivan, whose son Alex was killed in the attack. “That he no longer gets to breathe the sweet air us Coloradans get to breathe any more.”
Robert Sullivan (no relation), whose six-year-old granddaughter Veronica Moser-Sullivan was killed in the theater, was asked what he’d like to see in the penalty phase. “I think the death penalty. Definitely.”Robert Sullivan (no relation), whose six-year-old granddaughter Veronica Moser-Sullivan was killed in the theater, was asked what he’d like to see in the penalty phase. “I think the death penalty. Definitely.”
Katie Medley, whose husband Caleb was severely wounded and nearly died in the attack, agreed. “As a family, we’d like to see the death penalty,” she said. “But that comes with its own problems.”Katie Medley, whose husband Caleb was severely wounded and nearly died in the attack, agreed. “As a family, we’d like to see the death penalty,” she said. “But that comes with its own problems.”
Indeed, capital punishment is a national moral and legal quandary. The United States is one of the only western countries to still allow executions, putting it in the company of countries like China, Iran and Saudi Arabia. Within the US, 19 states ban the practice, a number that has grown substantially in recent years. Seven of those 19 states have opted to outlaw the death penalty since 2007.Indeed, capital punishment is a national moral and legal quandary. The United States is one of the only western countries to still allow executions, putting it in the company of countries like China, Iran and Saudi Arabia. Within the US, 19 states ban the practice, a number that has grown substantially in recent years. Seven of those 19 states have opted to outlaw the death penalty since 2007.
Colorado is not one of them. Though executions are rarely employed, the state still permits the death penalty. Since 1977, just one person has been put to death in Colorado, and only three people currently sit on death row.Colorado is not one of them. Though executions are rarely employed, the state still permits the death penalty. Since 1977, just one person has been put to death in Colorado, and only three people currently sit on death row.
One of those individuals, Nathan Dunlap was set to be executed in 2013 for killing four people in a Chuck E Cheese in 1993. Though Dunlap had exhausted all his appeals, Governor John Hickenlooper gave Dunlap a “temporary reprieve”, which remains in effect. “I don’t think government should be killing people who are no danger to society, no risk to society,” Hickenlooper told the Los Angeles Times in 2014, effecting an all-but-official moratorium during his governorship.One of those individuals, Nathan Dunlap was set to be executed in 2013 for killing four people in a Chuck E Cheese in 1993. Though Dunlap had exhausted all his appeals, Governor John Hickenlooper gave Dunlap a “temporary reprieve”, which remains in effect. “I don’t think government should be killing people who are no danger to society, no risk to society,” Hickenlooper told the Los Angeles Times in 2014, effecting an all-but-official moratorium during his governorship.
But Colorado will elect a new governor in 2018. A poll last year found two-thirds of Coloradans support the death penalty, and it became a tough issue for Hickenlooper during his narrowly successful re-election campaign. If Holmes is sentenced to die, his execution date (assuming it survives appeals) would not come for at least a decade, and under a different governor who could issue a similar reprieve to Holmes.But Colorado will elect a new governor in 2018. A poll last year found two-thirds of Coloradans support the death penalty, and it became a tough issue for Hickenlooper during his narrowly successful re-election campaign. If Holmes is sentenced to die, his execution date (assuming it survives appeals) would not come for at least a decade, and under a different governor who could issue a similar reprieve to Holmes.
On top of that, Colorado might have trouble even obtaining the drugs necessary to perform an execution, since a European-led boycott limited access to the drugs.On top of that, Colorado might have trouble even obtaining the drugs necessary to perform an execution, since a European-led boycott limited access to the drugs.
When the jury weighs Holmes’ fate, one of the primary issues the jury will tackle is whether his mental illness is enough of a mitigating factor that he should be spared the death penalty. In 2002, the US supreme court ruled that it is unconstitutional to execute a person who is intellectually disabled. Someone is generally considered intellectually disabled if they have an IQ less than 75. When the jury weighs Holmes’s fate, one of the primary issues the jury will tackle is whether his mental illness is enough of a mitigating factor that he should be spared the death penalty. In 2002, the US supreme court ruled that it is unconstitutional to execute a person who is intellectually disabled. Someone is generally considered intellectually disabled if they have an IQ less than 75.
However, one of the most vexing questions legal scholars currently face is whether people who are mentally ill but not intellectually disabled should be treated the same. After all, many people with mental illness like schizophrenia are also highly intelligent. One of them is James Holmes.However, one of the most vexing questions legal scholars currently face is whether people who are mentally ill but not intellectually disabled should be treated the same. After all, many people with mental illness like schizophrenia are also highly intelligent. One of them is James Holmes.
“No court has yet held that people with severe mental illness are exempt from the death penalty,” Christopher Slobogin, a professor of law at Vanderbilt, said. In addition, he noted, juries tend to be less sympathetic to defendants with mental illness than those who are intellectually disabled, either because they may not believe the defendant’s affliction, or because they view accused murderers with mental illness as more dangerous and unpredictable than those with developmental disabilities.“No court has yet held that people with severe mental illness are exempt from the death penalty,” Christopher Slobogin, a professor of law at Vanderbilt, said. In addition, he noted, juries tend to be less sympathetic to defendants with mental illness than those who are intellectually disabled, either because they may not believe the defendant’s affliction, or because they view accused murderers with mental illness as more dangerous and unpredictable than those with developmental disabilities.
Slobogin agrees with the jury’s finding that Holmes is legally sane, but nonetheless believes he should be spared the death penalty. “I think there’s a strong argument to be made that people who are severely mentally ill should certainly be exempt as well,” he said. “Because of his delusions and hallucinations, Mr Holmes is at least as impaired as those people who are intellectually disabled.” Even though the jury found Holmes to be legally sane, his mental illness will still be among the factors they will weigh when determining his fate.Slobogin agrees with the jury’s finding that Holmes is legally sane, but nonetheless believes he should be spared the death penalty. “I think there’s a strong argument to be made that people who are severely mentally ill should certainly be exempt as well,” he said. “Because of his delusions and hallucinations, Mr Holmes is at least as impaired as those people who are intellectually disabled.” Even though the jury found Holmes to be legally sane, his mental illness will still be among the factors they will weigh when determining his fate.
Related: Boston Marathon bomber unlikely to be executed – even if jury votes for deathRelated: Boston Marathon bomber unlikely to be executed – even if jury votes for death
Of the victims’ family members who delivered public remarks after the verdict on Thursday, the only who didn’t expressly call for the death penalty was Tom Teves, whose son Alex was among the 12 people Holmes killed. “All I care is that he wasn’t back on the street to kill somebody else’s kid,” he said. “Because you know what? It sucks to have your kid dead. It sucks and it will never stop sucking.” Of the victims’ family members who delivered public remarks after the verdict on Thursday, the only one who didn’t expressly call for the death penalty was Tom Teves, whose son Alex was among the 12 people Holmes killed. “All I care is that he wasn’t back on the street to kill somebody else’s kid,” he said. “Because you know what? It sucks to have your kid dead. It sucks and it will never stop sucking.”
It has not been uncommon in other tragedies for victims and their families to come out against the death penalty. Two parents who lost their eight-year-old son in the Boston Marathon bombing took out a front page op-ed asking prosecutors not to seek the death penalty. Similarly, former representative Gabby Giffords opposed sentencing her own shooter to death.It has not been uncommon in other tragedies for victims and their families to come out against the death penalty. Two parents who lost their eight-year-old son in the Boston Marathon bombing took out a front page op-ed asking prosecutors not to seek the death penalty. Similarly, former representative Gabby Giffords opposed sentencing her own shooter to death.
Still, most friends and family members of the Aurora shooting victims want to see Holmes executed, even those who otherwise oppose the death penalty. Jansen Young, who survived the theater shooting when her boyfriend Jonathan Blunk shielded her with his body at the expense of his own life, told reporters that she’s reluctantly in favor.Still, most friends and family members of the Aurora shooting victims want to see Holmes executed, even those who otherwise oppose the death penalty. Jansen Young, who survived the theater shooting when her boyfriend Jonathan Blunk shielded her with his body at the expense of his own life, told reporters that she’s reluctantly in favor.
“I’m not personally for the death penalty, but I’m fighting for it because it’s what Jonathan would have wanted.” Marcus Weaver, who attended the movie with his friend Rebecca Wingo, who was killed, also said he’s personally opposed to capital punishment, but that this shooting was “so heinous” that “the death penalty is the only penalty that fits the crime”.“I’m not personally for the death penalty, but I’m fighting for it because it’s what Jonathan would have wanted.” Marcus Weaver, who attended the movie with his friend Rebecca Wingo, who was killed, also said he’s personally opposed to capital punishment, but that this shooting was “so heinous” that “the death penalty is the only penalty that fits the crime”.