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Theater shooting judge asks for hearing on James Holmes' insanity-plea challenges

Posted: 05/16/2013 01:16:57 PM MDT
Updated: 05/16/2013 02:21:17 PM MDT

By John Ingold The Denver Post


Aurora theater shooting suspect James Holmes in the courtroom during
his arraignment on Tuesday March 12, 2013. (RJ Sangosti, Denver Post file)

The debates about whether Colorado's laws for insanity pleas deny Aurora theater shooting suspect James Holmes his constitutional rights have been whittled to a single topic:

Does Colorado's requirement that defendants pleading not guilty by reason of insanity must cooperate in a court-ordered mental-health examination violate protections against self-incrimination?

In an order issued Thursday .. http://tiny.cc/h5vbxw , the judge in the theater shooting case told both sides to pick a date next week for a new hearing to argue that question. Previously, the next hearing in Holmes' murder case had been scheduled for May 31.

"The Court will make itself available whenever the parties are available," Arapahoe County District Court Judge Carlos Samour wrote in Thursday's order.

Holmes is charged with 166 counts of murder, attempted murder and other offenses in connection with the July 20 attack on the Century Aurora 16 movie theater. The attack killed 12 people. Fifty-eight more were wounded by gunfire.

Earlier this week, Holmes formally asked to change his plea to not guilty by reason of insanity .. http://www.denverpost.com/breakingnews/ci_23231454/james-holmes-court-monday-seeking-change-his-plea , triggering a densely legal fight over Colorado's laws for such pleas that Holmes' lawyers first raised months ago .. http://www.denverpost.com/breakingnews/ci_22698779/aurora-theater-shooting-james-holmes-may-plead-insanity . In a flurry of motions filed on the last day in February, Holmes' lawyers challenged the constitutionality of a number of insanity-plea rules, especially as they apply to death-penalty cases. Prosecutors have said the laws are clear and constitutional .. http://www.denverpost.com/aurora/ci_23250256/holmes-prosecutors-laws-are-clear-constitutional .

The challenges will impact the advisement Samour gives to Holmes on May 31 before deciding whether to accept Holmes' offered plea of not guilty by reason of insanity. Until the questions around the advisement are resolved, Holmes' insanity plea is suspended in mid-air.

The question on self-incrimination is perhaps the most consequential of the challenges.

Colorado law requires judges to order independent mental-health evaluations for defendants pleading insanity. The law also says defendants must cooperate in those evaluations. If they do not, the law prohibits defense lawyers from calling experts at trial to testify about mental health, and it says prosecutors can use the defendants' non-cooperation against them.

Holmes' lawyers contend this violates constitutional protections against self-incrimination, as well as rights to due process.

In his order Thursday, Samour told the sides to pick a date for a hearing between Tuesday and Friday of next week. He also gave the defense a Monday deadline to file any other legal arguments on the issue.

John Ingold: 303-954-1068, [e-mail] or twitter.com/john_ingold

[ 13 relateds ]

http://www.denverpost.com/breakingnews/ci_23259114/theater-shooting-judge-asks-hearing-james-holmes-insanity

.. for one basic reason, which should be obvious to most, i have never been on the side of the death penalty ..

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This list contains names of people who were found guilty of capital crimes and placed on death
row, and were later found to be wrongly convicted. Some people were exonerated posthumously.
http://en.wikipedia.org/wiki/List_of_exonerated_death_row_inmates

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The quality of legal representation is related to the arbitrary application of the death
penalty in that inadequate representation contributes to mistakes in capital sentencing.
http://www.deathrow-texas.com/

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List of miscarriage of justice cases .. this is one which will never take leave of my reason ..

* Arthur Allan Thomas, a New Zealand farmer, was twice convicted of the murders of Harvey and Jeanette Crewe on June 17, 1970. He spent 9 years in prison but was given a Royal Pardon, and was released and awarded $1 million compensation for wrongful convictions. A Royal Commission in 1980 showed the prosecution cases were flawed, there was a high possibility police had deliberately planted a cartridge case in the Crewes' garden to use as evidence, and ignored evidence that pointed to another suspect. The prosecution had also denied alibi and witness information to the defense team.
http://en.wikipedia.org/wiki/List_of_miscarriage_of_justice_cases#New_Zealand

See also:

Was Adam Lanza a terrorist...how about James Holmes? I don't you recall you calling them terrorists.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=87268661

As a general principal ... I don't believe in state executions.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=86314517

Three Gun Control Bills Signed in Colorado .. about 67% down in a biggie .. :)
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=86050654