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Accused Colorado movie theater shooter Holmes to ask to change plea to insanity
Fox News ^ | May 13, 2013

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 ...


TOPICS: Crime/Corruption; News/Current Events; US: Colorado
KEYWORDS: colorado; crime; insanitydefense; murder

The alleged mass murderer and otherwise nice guy
whom lawyers argue should not pay for his alleged crimes

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.

1 posted on 05/13/2013 4:44:10 AM PDT by Zakeet
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To: Zakeet

Won’t he walk into a hospital for the criminally insane if found not guilty by reason of insanity?


2 posted on 05/13/2013 4:46:00 AM PDT by luvbach1 (We are finished.)
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To: luvbach1

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.


3 posted on 05/13/2013 4:49:36 AM PDT by PAR35
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To: Zakeet

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.


4 posted on 05/13/2013 4:50:40 AM PDT by Venturer
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To: luvbach1
Most likely last stop for Holmes - Pueblo.


5 posted on 05/13/2013 4:52:28 AM PDT by A.A. Cunningham (Barry Soetoro can't pass E-verify)
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To: luvbach1

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.


6 posted on 05/13/2013 4:55:48 AM PDT by fatnotlazy
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To: Zakeet

muzzie bastard.

LLS


7 posted on 05/13/2013 5:03:03 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: Zakeet

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.


8 posted on 05/13/2013 5:05:57 AM PDT by driftdiver (I could eat it raw, but why do uwhen I have a fire.)
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To: driftdiver

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.


9 posted on 05/13/2013 5:45:27 AM PDT by jsanders2001
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To: luvbach1

He will go to a prison disguised as a mental facility.


10 posted on 05/13/2013 5:52:31 AM PDT by AppyPappy (You never see a massacre at a gun show.)
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To: fatnotlazy

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.


11 posted on 05/13/2013 6:11:44 AM PDT by bgill (The problem is...no one is watching the Watch List!)
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To: bgill
24 years ago, a friend of mine was murdered by a guy who successfully pled insanity. He is still incarcerated in a mental health facility and having the time of his life. He so much as told his brother that it's all an act and he's enjoying not having to do anything for himself. All of his needs are met, courtesy of the state (taxpayers). I don't know if he's facing any danger from other inmates. For some time he was isolated.

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.

12 posted on 05/13/2013 6:26:45 AM PDT by fatnotlazy
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To: luvbach1

“Won’t 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.


13 posted on 05/13/2013 7:29:25 AM PDT by catnipman (Cat Nipman: Vote Republican in 2012 and only be called racist one more time!)
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To: AppyPappy
He will go to a prison disguised as a mental facility.

They certainly weren't happy places in the old days.

14 posted on 05/13/2013 8:54:44 AM PDT by luvbach1 (We are finished.)
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To: luvbach1

In short, prison with crazier and more unstable people.


15 posted on 05/13/2013 8:58:38 AM PDT by AppyPappy (You never see a massacre at a gun show.)
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To: AppyPappy
He will go to a prison disguised as a mental facility.
I have a suggestion.


16 posted on 05/13/2013 9:07:25 AM PDT by Bratch
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