DENVER (AP) — The trial of the former grad student charged in the deadly Colorado movie theater shootings will likely be delayed weeks or months because he wants to change his plea to not guilty by reason of insanity.
James Holmes‘ attorneys filed the court papers Tuesday.
The judge handling the case will hear arguments from the defense and prosecutors about the request Monday. If the judge accepts the plea, Holmes would be sent to the state mental hospital where doctors would determine whether he was sane at the time of the shootings. If he’s found to be insane, a jury still could find him guilty.
Tom Sullivan, whose son, Alex, was killed in the attack, said prosecutors have warned victims that an insanity plea would delay the case.
“We’re just mortified that this is the process that we’re going through, and we still have a long way to go,” Sullivan said Tuesday. “I know justice will win out in the end.”
Holmes, 25, is charged with more than 160 counts of murder and attempted murder in the July 20 attack in Aurora that killed 12 people and left 70 wounded or injured. Prosecutors said Holmes spent months buying guns and thousands of rounds of ammunition, donned police-style body armor and opened fire during a midnight screening of the latest Batman movie.
Prosecutors announced last month they would seek the death penalty at the trial now scheduled to start Feb. 3.
Holmes was widely expected to plead insanity, given the compelling evidence against him. But his lawyers delayed it for weeks, saying state laws on the death penalty and insanity overlap in ways that could severely hamper his ability to mount a defense against capital punishment.
One of their worries: If Holmes doesn’t cooperate with the doctors, he could be barred from calling witnesses to testify about his mental condition during sentencing. That would make it nearly impossible for his lawyers to use his mental state as an argument against the death penalty.
“If you don’t cooperate during the evaluation phase, you lose the right to call witnesses in your own behalf who could help convince a jury that your life should be spared,” said Karen Steinhauser, an adjunct law professor and former prosecutor.
It’s not clear how cooperation is defined, she said, and the question hasn’t been tested in court since the laws were changed to their present form in the late 1990s.
Colorado law defines insanity as the inability to distinguish right from wrong, caused by a diseased or defective mind. The law specifically excludes depravity, “moral obliquity” and passion caused by anger, hatred or other emotions from being considered insanity.
Holmes’ attorneys repeatedly have said in court hearings and documents that Holmes is mentally ill. He was being seen by a psychiatrist before the attack.
Holmes had sent the psychiatrist a notebook that media reports said included crude drawings of violence. Prosecutors might renew their request to see the notebook because state law gives them access to some medical records of defendants who plead not guilty by reason of insanity.
Prosecutors backed off their previous attempt to see the notebook when Holmes’ lawyers said it was protected by doctor-patient privilege.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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