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Arapahoe County Sheriff's Office via AFP - Getty Images
James Eagan Holmes is scheduled to be arraigned Tuesday, March 12, on 166 felony counts in the July 2012 Colorado theater shootings.
The judge in last year's Colorado theater shootings, in which 12 people died and 70 others were wounded, rejected the defense's request Friday that he strike down the state's law on insanity pleas.
Lawyers for James Eagan Holmes, 25, who's charged with 166 felony counts, filed motions last week signaling that they were considering entering a plea of not guilty by reason of insanity when he is formally arraigned next Tuesday. He is accused of storming a theater in Aurora showing the premiere of "Batman: The Dark Knight Rises" on July 20 and opening fire with an armament of legally acquired weapons.
Holmes' lawyers asked the judge to declare Colorado's insanity law unconstitutional and in violation of his Fifth Amendment protection from self-incrimination, arguing that it was unclear when a defendant may waive his right to remain silent and whether he must reveal confidential medical information.
In a lengthy ruling Friday (.pdf), Arapahoe County District Judge William Sylvester rejected all but one of Holmes' arguments, saying many had already been settled by Colorado's courts and that others were "dependent on hypothetical facts and circumstances" that weren't before the court.
Sylvester granted Holmes' request for a written explanation of the consequences of pleading not guilty by reason of insanity, which he attached to the ruling.
Defense documents made public Friday added weight to the supposition that Holmes plans to plead insanity, revealing for the first time that Holmes was hospitalized in a psychiatric ward in November for "several days, frequently in restraints."
The disclosure came in a new motion asking the court to make sure that Denver Health Medical Center, where Holmes was taken from the Arapahoe County jail by ambulance Nov. 15, preserved video it made of his treatment and observation.
The motion said that both prosecutors and defense attorneys had been denied access to the tapes, which it said were "necessary to effectuate Mr. Holmes' constitutional right to due process."
The Nov. 15 date is significant. Just two days earlier, Holmes was sent to the same hospital after he rammed his head into a wall at the jail — an incident that was publicly reported.
Prosecutors still haven't said whether they intend to seek the death penalty for Holmes. They have two months following next week's arraignment to declare their intentions.
Follow M. Alex Johnson on Twitter and Facebook.
NBCNews.com's complete coverage of the Colorado theater shootings
This story was originally published on Fri Mar 8, 2013 6:26 PM EST
Leave a Comment:
It is obvious this monster was not insane and he planned out every meticulous step of his actions. He now needs to face the families of those whose lives he took, so many whose lives he has devastated and changed forever. The last thing he should expect is any more drawn out delays. It is time justice and mercy began happening for the innocent.Which this lowest of all creatures should no longer be able to delay and manipulate. I pray that smirk will soon be wiped off his face, and no longer haunt so many suffering. This vile being deserves the death penalty and when he eventually dies, then real Justice will be his eternal reward.
He looks perfectly sane to me.
Get on with the trial.
wow winddancer, you're good. are you a psychiatrist? a professional in the legal field? your grasp of this and knowledge of our legal system and rights is NOT IN THE LEAST impressive.
Whether YOU like him or not, this man has a constitutional right to a fair trial by law. period.
REVENGE IS NOT JUSTICE. oh and grow the fk up
Premeditation does not equal sanity Windancer. This guy is nutty as a fruitcake. EVERY rampager is insane. Sane people don't do these things. I'm not saying this should excuse him from punishment but he is definitely off his rocker.
Sane or not he must be put down as soon as possible, after a fair but speedy trial. Such a creature is just too high a risk to society.
I have little doubt that he was perfectly sane in a legal sense of the word when he committed this crime. He spent months accumulating weapons and ammunition to carry out the attack. He took great pains to avoid raising any suspicions by buying the weapons and ammunition from multiple sources. This was to avoid raising any flags due to the quantity he was purchasing. This piece of garbage also spent a great deal of time booby-trapping his apartment and then had the presence of mind to warn law enforcement of this when he was taken into custody. This guy no doubt a very sick, twisted individual to have killed so many innocent people, but there is a big difference between being sick and being legally insane. From the motions filed it sounds like he does not like the choice of either saying he did not do it or of saying he did it but was insane at the time. I guess his attorney is not sure that the prosecution can prove he was the shooter and does not want to have his client admit it by pleading insanity. Too bad - you can not have it both ways. Either this PoS can claim it was not him or he is saying he did it but is not responsible because he is insane, he does not get to try out one defense and if that fails switch to the other.
He is not insane. He is sheer evil. Plain and simple. He knew exactly what he was doing and planned it accordingly. Just evil.
the attorney is doing what is expected of him by the court; although mental ill, he was not legally insane; you do not what the death penalty for him, that is to easy; spend the rest of his worthless and miserable life in solitary confinement; he is to ill for general population; spend the next 60 years in a 7-5 foot room, let out 1 hour per day to walk by himself in the enclosed exercise yard, about 20 by 15 feet, that is real punishment.
He looks no different than a typical Hedge Fund Manager or CEO.
Bring on the trial.
NSAQ except they dont kill people like this guy. Nice try though.
At least, not directly, Mr. Burns....
Saxon....Who cares about punishment....Don't you get it? As a Country and individual States we're BROKE! We take the POS off the streets and try him.....if convicted give him the death penalty. I am tired of paying to keep this type of offender in our cozy little jail cells. If you want to punish him...I'm OK with a little torture by the victims familys before we put him to death.
I would love a half hour with this P.O.S !!!
Sane enough to put together an elaborate plan, and an elaborate trap.
Bring on the rack!!! I am all about Capital punishment!!! Make an example, NO MORE coddling evil people.
Agree Empson! He is not insane - just a cold-blooded killer. Who cares if he is insane, anyway? Cold-blooded killer - sane or insane - needs to be put to death! Thin the herd. Rabid-humans need to be put down just like we put down rabid dogs.
Wicked cricket-
You question my background, education and even experience in the legal field. Actually I have one, in law enforcement. I also have extensive psychiatric training, having worked with people who have mental disorders, over a period of more than two decades. In addition to understanding the LEGAL definition of insanity.It is NOT a Psychological definition, though it varies to some degree according to which case one references. The Supreme Court has upheld the abolishing of this defense in a number of states.Montana,Utah,for instance. Most people get confused about this part.Let me help you out.From the Common Law Legal reference:
Having a mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior.
In testifying for court, I am required to describe the behaviors of suspects, including their mental states.
Now, there seems to be a double standard you are presenting, while demanding another of me. Given you feel somehow in my comments I am depriving this man of his rights to due process and not being fair minded but revengeful, perhaps because I don't call him a man, human being (for I view his actions having placed him in a different category from among the rest of his peers who haven't done such things),and because you demand I grow up. Yet you display something different I don't promote. Summery execution, forget a court trial even.
You posted a response to a fashion designer who didn't like the way the First Lady dressed, labeling her as "Bigoted"...wow...sounds so fair minded of you. Since she spoke so highly of Jackie Kennedy as always a classy lady.
You also made a recommendation for a suspect who shot a police officer while seated in his patrol car
"give him the same sentence he gave this public servant and make this country safer by one"...
Wow! Now that is really promoting the rights of a suspect to have his case tried fairly and not seeking revenge. We are the sum of all our choices, large and small.While we may make mistakes, hopefully they won't be horrible ones. But we leave a trail which defines our character like foot prints.
I could apologize for getting angry that another person has murdered more innocent people and I let it get to me, when I shouldn't have. I counted the 12 murdered and 70 shot, seeing so many victims that day, it overwhelmed me and I started to cry. And I have seen so many already. It always a bit of a struggle since I had a family member murdered, just a little girl actually, and it just breaks my heart at times to see others suffer the same, also not get justice yet. That does truthfully make it hard for me to speak kindly of killers at times. Perhaps that is the legacy that others carry in life that doesn't go away. Empty holes and no way to fill them. It's hard to get angry at the person who hurts one so deeply, when they aren't there. I will try harder Wicked cricket to be more patient. Thanks for reminding me of that.
I liked his bozo the clown mug shot better then this current picture. One reason I think he went on a rampage was probably because everybody gave him grief about them big ass bug eyes. Freaky looking creepy dude. He's so ugly his mom surely got the heebie jeebies just like everyone else.
Windancersong,
Rambling on does not help your argument. Whether you like it or not. The guy is a nutball. Who gets a fair trial. Unlike a witch trial you would like from 400 years ago.
We an not give him the death penalty. A few years some witness might recant. Then that means according to liberals. The jury do not matter. Only DNA years after the murders. Who knows there might be other DNA.
Why is he still alive..... There is no doubt that he did it..... He needs to be taken out back and shot.....
@wicked cricket:
I'm sure your view on what's legally right and wrong would be different if that was your family in that shooting. This man deserves the death penalty without question. PERIOD. He did not give any of his victims a fighting chance, so why does he deserve one?
@saxon:
No, I want this man dead. I don't know about you but I don't care to pay for this piece of sh*t to sit in jail with 3 meals a day. You may think prison is sooooo bad, but it's not. There is absolutely no point in keeping a person like this in prison alive when he should be dead and not part of our world anymore.
wicked cricket, #1.2- The first thing I wondered about was whether or not he was read his Rights when first "apprehended".
Then, this part about neither the Prosecution or the Defense being allowed to have the tapes of him during his Hospital stay? It just continues there, His privacy is owned by somebody else? The Hospital? His Mental Illness is owned by somebody else? The Hospital? (He hasn't even been formally arraigned yet). I just happen to have some experience with the Colorado Justice System AND IT AIN'T GOOD! God only knows what they're doing to him to further drive him out of his mind to add to this continued "acting out" behavior of his, in this "privatized" where he's being held. The Public Defender's Office should really have a special single guard on him, round the clock, including checking any food he's being given to make sure nothing's being put in it. (OR better yet, have his food brought in from somewhere else "Defense certified" to be free of any "additives").
They will try for the death penalty.
HA! Good luck with that. This POS will be in the appeals systems for a long time while I (Colorado taxpayer) pays for it. Colorado has not executed anyone in over 40 years.
You are wrong suds! 1997 was the last execution in Colorado and Colorado has one who has exhausted his appeals and should go down this year.
The prosecution has not said one way or another. The issue is that under Colorado law, a plea of insanity requires the defendant to cooperate in establishing his mental condition. On the other hand, the US Constitution guarantees that he has a right to remain silent, i.e., not to cooperate. The attorney is very bright in bringing this forward, but the court is telling him he's doing so prematurely. We need to know if the prosecution is going to go for the death penalty, and then the argument would have legs. By the way, we are considering abolishing the death penalty here in Colorado, so such an effort could be moot.
I wish they could extradite him to Texas, would be over before you know it.
Lighten the sentence for murder and punish the law abiding citizens with more gun restrictions. Yep, makes sense to me. Punish the innocent!!! Pamper the guilty!!! What a crock of horse excrement.
the only trouble with sentencing him to death is that it will cost 10X as much as keeping him incarcerated (where some other inmate would likely accomplish the task much more quickly and for a lot lower cost.)
Where can I send money to help pay for the execution?
http://executeholmes/colorado.gov
Thomas.....do you take Visa?
make no mistake about it - I'd like to see him fried, but that will take until he's either an old man or until he gets well enough to get out of the looney bin where they will warehouse him for pretty much the rest of his life.
"Justice delayed is Justice DENIED"
they should just do screening for people with a lazy eye. Most crazies have a lazy eye. Ban lazy eyes.
Chris , you are correct take a look at Jodi Arias, her right eye is crossed!! You wouldn't know where to look if you were speaking with her.! She is such a piece of human excrement....
I have the same characteristic and I'm having a sudden urge to hunt you down....Chris!
Madelaine Stowe just moved to Switzerland.
This is why the insanity thing is such a tough one... no sane person shoots up a movie theater for no reason... but that doesn't mean they shouldn't be punished.
I'm of the opinion that an insanity plea should only get one put into a psychiatric ward in the prison, until the day of their execution, that is.
If found guilty the guy should be hung in public.
Smokehouse
You're insane, we don't do that any more.
Smokehouse...I vote for the firing squad...all volunteer with preferance given to vic's family. They would have a waiting list of people willing to do their civic duty!
They could sell raffle tickets to see who gets to participate and make enough coin to cover the whole trial!!
He is not insane. He planned it in detail and is now trying to save his own miserable life. Convict him and sentence him to death. Move him to Texas where they have a death row quick lane.
Because Texans have no brains.
K-386821~ Texans don't need brains...they have big hats, instead.
I understand that EVERYTHING is bigger in Texas.
Weeellll, maybe not everything...
Put he and that Loughner guy from Arizona in the same dark cell, lock the door, and throw away the key.
I do not care if he is mentally ill, insane or sane...get on with the trial and sentence because sane or insane he should never be free again, he lost that right.
Sane or not he should never be let outside prison walls ever. I have heard there is a federal facility in Colorado several hundred feet under ground where they would have to pump sunshine in. Turn out the lights, that is where he belongs.
Throw him in the general population with no extra protection and let the other inmates make the rest of his miserable life a living He!!. He doesn't deserve to have the luxury of being put down. Let him suffer indefinitely, just like the families of the people he murdered are...
Sign his ass up in the Marines and put his ass on the front line in Afganistan ,kill or be killed , let him look for land mines, get something out of him
That's not bad - he could walk in front of the troops and take the first bullet or land mine.
I'm not comfortable with feeding or clothing and entertaining this guy for the rest of his natural life. Let him ride the lightning. Hang him. Firing Squad. Something that involves delivering the same pain as he rendered unto his victims.
Firing squad would be the best way. 20, 30, 40 shots...... all of which would NOT terminate but inflict pain.
Then after toying with him like he did his victims.... let him bleed out slowly.
XDm9mm
Firing squad would be the best way. 20, 30, 40 shots...... all of which would NOT terminate but inflict pain.
Then after toying with him like he did his victims.... let him bleed out slowly.
Why not have the firing squad ( of seven) use pellet guns in stead? That way it may take several thousand shots to inflict enough bleed out orifices to expire the twit. That seems to be a better flogging to the death approach.
This POS needs some kind of demise, but I don't think it is up to you or I to formulate the details. If so I think he would have plenty of time to pray to his creator for release from this world into the after life. Hopefully the afterlife for him involves pitch forks and brimstone.
Juice him and be done with it!!
So hes crazy.. just get someone crazy to execute him.
He is not insane - just a cold-blooded killer. Who cares if he is insane, anyway? Cold-blooded killer - sane or insane - needs to be put to death! Thin the herd. Rabid-humans need to be put down just like we put down rabid dogs.
The man needs a doctor, not a jailer. With modern medications, he could be safe to release into society within a few years or so-- under close supervision, of course. Remember Hinckley.
J.P. - You can keep him at your house then!
J.P. you are the perfect example of all that is wrong with our society today. After a quick check of your comment history (something jogged my memory) I find you are in favor of gun bans. WTF?????????????? You want to take away guns from law-abiding, normal people and let vermin like this back into society and then blame the guns because he did what he did? What kind of sick, twisted mind causes someone to think like you?
drugs are what caused this to begin with please visit
http://ssristories.com/index.php?sort=date
Then, if we are going to start banning and regulating somewhere, let's start with big pharma and their legal mind-altering drugs. The blood of a hell of a lot of people is on their hands.
I would propose to J.P. , if you are even going to remotely entertain the idea of putting this animal back into society, don't let him ingest one single, solitary medication. Not even so much as an ibuprofen.
Personally, I say solitary confinement in the pen for life, at a minimum.
my point exactly
FRY HIS AZZ LIKE KFC!!!
The Death penality wouldnt be a harsh enough penality for this POS..He ought to be electrified, gassed, lethaliy injected, boiled in oil, burned and then whats left should be run over with a road paver, smashed to dust and shot into outer space as soon as the next rocket goes that way..INSANE???? MY A$$
you left out drawn, quartered and burned at the stake lol
People running around shooting up droves of people and then claiming insanity is getting really old these days.
I am NOT offering any defense of this guy. He looks "checked out" to me. Very creepy . . .
"The judge in last year's theater shooting" - was not aware the judge was at the theater shootings. Can't they find someone who can write properly? Do they not have proof readers? Anyway, they haven't yet decided if they should pursue the death penalty? Are they nuts!! If this does not warrant the most severe punishment, then what does? Really.
I can't even believe they are wasting all the time and money on a trial. It's not like we're not sure who did it. I know, the whole constitution thing, but, really, sometimes it just seems dumb.
If anyone is interested go to Top Documentaries.com and watch the James Holmes Conspiracy. I was watching the reporting on this in real time and there were several witness's that said there were two other people involved, don't hear anymore about that do you? NO BECAUSE THERE IS A GAG ORDER ATTACHED TO THIS CASE. WHYYYYYYY? JUST LIKE SANDY HOOK, THERE WERE TWO OTHER SUSPECTS, WHAT HAPPENED TO THEM? Hasn't anyone ever heard of the CIA's MK-Ultra mind control program. This poor guy didn't shoot anyone, he was drugged and left at the scene. WHO, WHAT, WHEN, WHY? Look at him, he's clearly drugged up. This was a smart kid, over achiever, involved in the universities neuroscience program, program run by our government. EVERYTHING IS NOT AS IT SEEMS, JUDGE NOT LEST YE BE JUDGED It could happen to you , you never know.
Insanity may be a reason, but it is not an excuse. Just like you put down an animal that kills a person without provocation, this guy needs to be taken out of society. The only question that needs to be answered is "did he kill those people?" If the answer is yes, then stick a needle in his arm. Why he did it doesn't matter.
Good point. Why DOES it matter why he did it? Intentional murder is murder is murder, any way you slice it.
He did it because he is evil nuts. Who cares? Sane people simply do not shoot up movie theaters. Of course his is nuts - but also evil. He knew what he was doing.