CENTENNIAL, Colo. (AP) -- A judge accepted James Holmes' long-awaited
plea of not guilty by reason of insanity Tuesday and ordered him to
undergo a mental evaluation — an examination that could be a decisive
factor in whether the Colorado theater shooting suspect is convicted and
sentenced to die.
The judge also granted prosecutors access to a hotly contested
notebook that Holmes sent to a psychiatrist shortly before the July 20
rampage, which left 12 people dead and 70 injured in a bloody,
bullet-riddled movie theater in suburban Denver.
Taken together, the three developments marked a major step forward in
the 10-month-old case, which at times has inched along through thickets
of legal arguments or veered off on tangents.
Holmes faces more than 160 counts of murder and attempted murder, and prosecutors are seeking the death penalty.
He will now be examined by the Colorado Mental Health Institute in
Pueblo, but it's not certain when the evaluation will begin or how long
it will take. Hospital officials have said that before they meet with
Holmes, they want to review evidence in the case, which prosecutors said
totals nearly 40,000 pages.
Judge Carlos Samour Jr. set a tentative date of Aug. 2 for the exam
to be complete but said he would push that back if hospital officials
request more time. Samour indicated he still hopes to begin Holmes'
trial in February.
Holmes, 25, shuffled into court with his wrists and ankles shackled,
wearing a long, bushy beard and dark, curly hair that was slicked back.
Samour read Holmes a five-page list of consequences of the insanity plea and asked if he had any questions.
"No," Holmes answered in a clear, firm voice. It was only the second
time since his arrest that he has spoken in court, other than occasional
whispered exchanges with his attorneys.
The findings of the mental evaluation will become evidence in Homes'
trial, but they are not the final word on whether he was legally insane
at the time of the shootings. The jurors will determine that.
If their verdict is not guilty by reason of insanity, Holmes would be
committed to the Mental Health Institute indefinitely. He could
theoretically be released one day if doctors determine his sanity has
been restored, but that is considered unlikely.
If their verdict is guilty, jurors would then decide whether Holmes
will be executed or spend the rest of his life in prison without the
possibility of parole.
Colorado law defines insanity as the inability to distinguish right from wrong caused by a diseased or defective mind.
Marcus Weaver, who was wounded and lost his friend Rebecca Wingo in
the shooting, doesn't believe Holmes is insane but is grateful the case
is moving forward.
"As we've seen evidence and seen the case unfold, it's become more
evident that Mr. Holmes did what he did, and it had nothing to do with
his mental state," he said.
The insanity plea is widely seen as Holmes' best chance of avoiding
execution, but his lawyers delayed it for weeks, saying Colorado's laws
on the insanity plea and the death penalty could work in combination to
violate his constitutional rights.
The judge overruled their objections last week, but on Tuesday he
conceded one point: Neither Holmes nor his lawyers had to sign a
statement or say in court that they understood the five-page list of
consequences of the insanity plea.
Samour originally planned to require Holmes and the defense to
acknowledge they understood those consequences before he accepted the
plea. But Samour said Tuesday he had determined that wasn't required by
law.
Holmes needed Samour's approval to enter the insanity plea because a
judge had entered a standard not guilty plea on Holmes' behalf in March.
Prosecutors first sought access to the notebook when its existence
was made public days after the shooting. Holmes had mailed it to Dr.
Lynn Fenton, a University of Colorado, Denver psychiatrist who had
treated Holmes. Holmes had been a graduate student in neuroscience at
the university.
The notebook's contents have never been officially made public, but
media reports have said it contains drawings depicting violence.
The defense argued the notebook was protected by doctor-patient
privilege. But Samour ruled Tuesday that under Colorado law, Holmes
waived that privilege when he entered the insanity plea.
Prosecutors said Tuesday that in addition to reviewing the contents
of the notebook, they would ask police to do unspecified "additional
processing" of it.
Court officials also released nearly 100 pretrial motions Tuesday, most of them from the defense.
One signaled that Holmes will seek a change of venue because of
pretrial publicity. Others challenged the admissibility of ballistics,
handwriting and mountains of other evidence and demanded that
prosecutors hand over as many as 2,000 pieces of physical evidence.
Holmes' lawyers appear to be trying to humanize their client, who
made his first court appearances with a mop of dyed orange hair. They
filed motions asking that he be allowed to appear before jurors in
civilian clothes, instead of a jail uniform, and without shackles. They
also asked that authorities ratchet back courthouse security, including
armed guards on the roof.
Defense lawyers want Holmes' parents to be allowed to witness the
entire trial in support of their son and not be sequestered like other
possible witnesses.
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