Holmes Judge to Hear Challenge to Insanity Law
Defense says it's unconstitutional
By Matt Cantor, Newser User
Posted May 17, 2013 2:00 AM CDT
James Holmes, Aurora theater shooting suspect, sits in the courtroom during his arraignment in Centennial, Colo., in a Tuesday, March 12, 2013 file photo.   (AP Photo/Denver Post, RJ Sangosti)

(Newser) – The judge in the Aurora movie theater shooting case will listen to defense lawyers' arguments against the constitutionality of Colorado's insanity defense law, Reuters reports. The law is unconstitutional, lawyers say, because it says James Holmes can't summon mental health experts of his own choosing—rather than court-appointed ones—at sentencing. In making Holmes cooperate with these court-appointed psychiatrists, he could be forced to share details that could play a role in his sentencing—which could mean self-incrimination, they argue.

Prosecutors, however, disagree: "It is well-established law in Colorado that submitting to court-ordered evaluation does not violate a defendant's Fifth Amendment privilege against self-incrimination." Judge Carlos Samour Jr. will hear arguments on the matter next week.

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HMD-SMD-ITY
May 17, 2013 10:25 AM CDT
Because of this case, and hundreds others like it, we need to get busy and pass GUILTY WHILE INSANE. You see it in Europe as a way to protect society from criminally insane. The big difference is a real criminal conviction and then the protects a felony status affords. In the USA, the biggest protection is from people changing their names and then going to another state and getting a daycare operator's license after they have killed ten children and got out of the nuthouse. GWI doesn't diminish patient's rights because they still get medical treatment. But take the case of Dr.Stephen Wolf. He chopped up his own son on the kitchen table. In just three weeks, a court ruled him innocent by reason of insanity. He is out of the nuthouse now and he has plans to eventually start his medical practice back up. He can go out to a gun store and buy a firearm because his medical files are sealed. He could, if he wants, file for a permit to open a daycare so that he can round up a bunch of kids as potential victims. Remember, he was found innocent of vivisectioning his own son so he has no criminal record on file. His mental health records mostly fall under HIPAA so he could go into any job interview and not have to tell an elementary principal, daycare operator, library manager, or any other person about his murderous past. GWI would fix that problem.
HANKHILL
May 17, 2013 9:53 AM CDT
holmes is a stone cold killer and should be dead by now!!!!! system FUBAR!!!!!!!
82ndgijoe
May 17, 2013 8:52 AM CDT
I hope they fry this idiot. Of course now that he's claiming to be looney tunes he'll get away with a max of life, f'ing shame really....