Lawyers for James Holmes, the Aurora, Colorado, mass shooting suspect, took aim against the state's insanity defense laws in court documents made public Friday.
"Colorado's statutory scheme regarding the affirmative defense of insanity, and the introduction of any 'mental condition' evidence at trial or sentencing, is unconstitutional in many individual respects," they wrote in a 60-page motion and brief filed Thursday.
The lawyers said parts of the state's insanity defense laws are unconstitutional.
Among other issues, they cited the requirement that a defendant "cooperate" with examining psychiatrists as a violation of the defendant's privilege against compelled self-incrimination.
Prosecutors have not said whether they will pursue the death penalty against Holmes, who is charged with 166 counts, including murder, attempted murder and other offenses in the July 20 shooting rampage in a movie theater that left 12 people dead and scores injured.
Holmes is awaiting formal arraignment on the charges.
FULL STORY
Well, hey, then throw it out. Let him stand trial without a insanity defense. How far does he think he'd get, besides life in prison?
Grasp at straws much?
Oh Banasy, let's not forget he can legally smoke pot in jail now.
He should have been smoking pot before. When was the last time you heard of a stoner shooting up anything? Mellow, man.
America's more in entrenched with the killer then they are the poor victims.
The gray bar hotel is very over crowded.
Oh, I see. I am banished from certain blog topics ?
Gee Whizer!
Stop the insanity !!!
Mary your comments are terribly sick that's why they are being rejected.
@ Mary:
I submitted an inoffensive, on-topic comment to this thread, and it was rejected. It may be that the machine is plumb worn-out, or staging a union slowdown.
Lol @ Joey, a union slow down? That was a good one. Its often times the mood of the moment ive noticed. And @ Mary, dont believe the offensive part because if you read some of these threads theres a whole heckuva lotta offensive posts! 😉