The News Courier in Athens, Alabama

State and Nation

May 13, 2013

Judge delays decision on Holmes insanity plea

— CENTENNIAL, Colo. (AP) — Lawyers for the Colorado theater shooting suspect told a judge Monday he wants to change his plea to not guilty by reason of insanity, but the judge won't rule on whether to allow that yet.

Attorney Daniel King made the request in court, saying the defense now has a diagnosis for James Holmes, though he didn't specify what it was.

The judge said he would consider arguments first about constitutional questions the defense has raised about Colorado's insanity law. He's expected to decide whether to accept a new plea sometime before a May 31 hearing.

Holmes had bushy hair and beard at Monday's hearing. He didn't speak at all and entered the courtroom with his eyes downcast.

The not guilty by reason of insanity plea is widely seen as Holmes' best hope, and perhaps his only hope, of avoiding the death penalty. But his lawyers have held off until now, fearing a wrinkle in the law could cripple their ability to raise his mental health as a mitigating factor during the sentencing phase.

Two judges have refused to rule on the constitutionality of the law, saying the attorneys' objections were hypothetical because Holmes had not pleaded insanity. The defense had little choice but to have Holmes enter the plea and then challenge the law.

Holmes' lawyers announced last week that Holmes would ask to change his plea at Monday's hearing.

Prosecutors are seeking the death penalty. They say Holmes, a former neuroscience graduate student, spent months acquiring weapons and ammunition, scouting a theater in the Denver suburb of Aurora and booby-trapping his apartment.

Then on July 20, dressed in a police-style helmet and body armor, he opened fire during a packed midnight showing of "The Dark Knight Rises," prosecutors say. Twelve people died and 70 were injured.

Text Only
State and Nation
Poll

What is your favorite Easter candy?

Chocolate bunnies
Marshmallow chicks
Chocolate eggs with filling
     View Results
Facebook
AP Video
Raw: More Than 100,000 Gather for Easter Sunday Raw: Greeks Celebrate Easter With "Rocket War" Police Question Captain, Crew on Ferry Disaster Raw: Orthodox Christians Observe Easter Rite Ceremony Marks 19th Anniversary of OKC Bombing Raw: Four French Journalists Freed From Syria Raw: Massive 7.2 Earthquake Rocks Mexico Captain of Sunken SKorean Ferry Arrested Raw: Fire Destroys 3 N.J. Beachfront Homes Raw: Pope Presides Over Good Friday Mass Raw: Space X Launches to Space Station Superheroes Descend on Capitol Mall Man Charged in Kansas City Highway Shootings Obama Awards Navy Football Trophy Anti-semitic Leaflets Posted in Eastern Ukraine Raw: Magnitude-7.2 Earthquake Shakes Mexico City Ceremony at MIT Remembers One of Boston's Finest Raw: Students Hurt in Colo. School Bus Crash Deadly Avalanche Sweeps Slopes of Mount Everest
Twitter Updates
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Stocks
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
Business Marquee