US cinema shooter to plea insanity

2013-05-13 17:06
James Holmes (Arapahoe County Sheriff, AP)

James Holmes (Arapahoe County Sheriff, AP)

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Denver - The suspect in the deadly Colorado cinema shootings, plans to ask a judge to enter a plea of not guilty by reason of insanity, a move that is widely seen as James Holmes's best hope of avoiding the death penalty.

Prosecutors are seeking the death penalty.

They say Holmes, a former neuroscience graduate student, spent months acquiring weapons and ammunition, scouting a movie theatre in the Denver suburb of Aurora and booby-trapping his flat.

Then on 20 July, dressed in a police-style helmet and body armour, he opened fire during a packed midnight showing of The Dark Knight Rises, prosecutors say.

Twelve people died and 70 were injured.

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's behalf in March, and he needs court permission to change it.

New plea

Attorney Dan Recht said it's a foregone conclusion the judge will accept the new plea to preclude appeals later.

Holmes's 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 defence had little choice but to have Holmes enter the plea and then challenge the law.

Holmes's 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.

"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 theatre," said Recht, a past president of the Colorado Criminal Defence Bar.


Among the risks for prosecutors: They 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'll 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 standardised personality tests and compare his results to those of people with documented mental illness.

They will also look for any physical brain problems.

Read more on:    james holmes  |  us  |  us cinema shooting

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