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
Photos


Poll

Which foreign crisis is the biggest threat to the security of the United States?

Russia-Ukraine
Israel-Palestine
Iraq
None of the above
     View Results
Facebook
AP Video
Raw: Japanese Soldiers Storm Beach in Exercises Raw: Weapons Fire Hits UN School in Gaza Raw: Rocket Launches Into Space With Cargo Ship Broken Water Main Floods UCLA Two Women Narrowly Avoid Being Hit by Train In Virginia, the Rise of a New Space Coast New Sanctions on Key Sectors of Russian Economy Crayola Announces Family Attraction in Orlando US Ready to Slap New Sanctions on Russia Kerry: Not Worried About Israeli Criticism Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies Rodents Rampant in Gardens Around Louvre House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Raw: 2 Shells Hit Fuel Tank at Gaza Power Plant Raw: Massive Explosions From Airstrikes in Gaza Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Kerry: Humanitarian Cease-fire Efforts Continue
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