Holmes' lawyers blast Colorado insanity laws
Lawyers for James Holmes say parts of the state's insanity defense laws are unconstitutional.
March 1st, 2013
10:02 PM ET

Holmes' lawyers blast Colorado insanity laws

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.

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Filed under: Colorado • Courts • Death Penalty • Justice
soundoff (11 Responses)
  1. banasy©

    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?

    March 1, 2013 at 10:48 pm | Report abuse |
    • Jeff Frank (R-Ohio) "Right Wing Insanity"

      Oh Banasy, let's not forget he can legally smoke pot in jail now.

      March 2, 2013 at 1:23 am | Report abuse |
    • banasy©

      He should have been smoking pot before. When was the last time you heard of a stoner shooting up anything? Mellow, man.

      March 2, 2013 at 11:41 am | Report abuse |
  2. Jeff Frank (R-Ohio) "Right Wing Insanity"

    America's more in entrenched with the killer then they are the poor victims.

    March 2, 2013 at 12:58 am | Report abuse |
  3. 1608®

    The gray bar hotel is very over crowded.

    March 2, 2013 at 12:56 pm | Report abuse |
  4. Mary

    Oh, I see. I am banished from certain blog topics ?

    March 2, 2013 at 1:12 pm | Report abuse |
  5. Mary

    Gee Whizer!

    March 2, 2013 at 1:13 pm | Report abuse |
  6. Mary

    Stop the insanity !!!

    March 2, 2013 at 1:14 pm | Report abuse |
  7. $$$

    Mary your comments are terribly sick that's why they are being rejected.

    March 2, 2013 at 1:24 pm | Report abuse |
  8. Joey Isotta-Fraschini ©™

    @ 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.

    March 2, 2013 at 2:29 pm | Report abuse |
  9. chrissy

    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! 😉

    March 2, 2013 at 8:22 pm | Report abuse |