Skip to comments.Accused Colorado movie theater shooter Holmes to ask to change plea to insanity
Posted on 05/13/2013 4:44:10 AM PDT by Zakeet
The long journey toward a verdict in the deadly Colorado theater shootings enters a new and critical phase Monday when suspect James Holmes asks a judge to change his plea to not guilty by reason of insanity.
The plea is widely seen as Holmes' best hope, and perhaps his only hope, of avoiding the death penalty. But his lawyers have held off 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.
Prosecutors are seeking the death penalty. They say Holmes, a former neuroscience graduate student, spent months acquiring weapons and ammunition, scouting a theater in the Denver suburb of Aurora and booby-trapping his apartment.
Then on July 20, dressed in a police-style helmet and body armor, he opened fire during a packed midnight showing of "The Dark Knight Rises," prosecutors say. Twelve people died and 70 were injured.
(Excerpt) Read more at foxnews.com ...
I meticulously planned my crime over months ... I bought thousands of dollars worth of firearms and special magazines ... I cleverly rigged my apartment with intricate bombs ... I selected the only movie theater in my area that disarmed its customers ... I gunned down 82 people, killing a dozen of them ... I patiently waited at my car when my gun jammed and surrendered to police when they drove up so I wouldn't be hurt by them ... and now I get to walk because prosecutors must prove beyond a reasonable doubt that I didn't know what I was doing when I did it.
Won’t he walk into a hospital for the criminally insane if found not guilty by reason of insanity?
Last one around here who took an insanity plea ended up doing about 2 years for her murder before she was cured. It doesn’t take long to cure someone who’s not really insane to start with.
If he got the death penalty in Colorado, they would never carry I out.
He is pretty much guaranteed 3 hots and a cot for the rest of his miserable life.
The article days: “If acquitted, Holmes would be committed to the state mental hospital indefinitely.”
Makes me ill to know that if this plea is successful, the taxpayers could be providing him food, clothing, lodging, medical care and legal representation for the rest if his miserable life.
As I understand it for this to work he would have to be insane to the point he didn’t understand what he was doing.
He’s insane but he knew what he was doing.
The insane don’t point out that they’re insane. In every photo taken by the media or LE he looks like he’s posing and making his “crazy” face hoping people will think he’s insane. Mentally unstable and insane have quite a bit of berth between then.
He will go to a prison disguised as a mental facility.
I’d think his life expectancy would be shorter in a mental hospital than in prison. Those are scary places and it only takes one wacko to get a wild hair and it’s lights out. Imagine the mental fatigue you’d have after living 24/7 in a place like that. It might prove a better punishment if it was guaranteed he’d never be let out.
There have been efforts to adjudicate him as sane, but he must be a good actor or some psychiatrist has been bribed because he's still mooching off the state at that facility.
“Wont he walk into a hospital for the criminally insane if found not guilty by reason of insanity?”
In Colorado, yes. AND he could walk out the next day if/when he achieves a miraculous recovery. Certainly a better outcome for the ruthless killer than getting The Needle.
They certainly weren't happy places in the old days.
In short, prison with crazier and more unstable people.
He will go to a prison disguised as a mental facility.I have a suggestion.