Judge accepts insanity plea in Colo. shooting case

Dan Elliott, Associated Press

Published Tuesday, June 4, 2013 | 9:36 a.m.

Updated Tuesday, June 4, 2013 | 11:55 a.m.

CENTENNIAL, Colo. A judge on Tuesday accepted James Holmes' plea of not guilty by reason of insanity, setting the stage for a lengthy mental evaluation of the Colorado theater shooting suspect.

The court clerk placed a written advisory of the ground rules of the plea before Holmes so he could follow it as Judge Carlos Samour Jr. read through all 18 points.

When Samour asked if he had any questions, Holmes answered "no" in a clear, firm voice. Samour then accepted the plea.

"I find Mr. Holmes understands the effects and consequences of the not guilty by reason of insanity plea," the judge said. "He was looking at the advisement and appeared to be following along."

Samour also determined prosecutors can have access to a notebook that Holmes sent to a psychiatrist before last summer's rampage. Authorities haven't revealed the contents of the notebook, discovered after the shooting, but prosecutors say police would like to do unspecified "additional processing" of it.

Defense attorneys argued the notebook was protected by doctor-patient privilege.

Holmes is accused of opening fire in a packed Denver-area movie theater, killing 12 people and injuring 70. He is charged with multiple counts of murder and attempted murder, and prosecutors are seeking the death penalty.

Holmes' lawyers repeatedly have said he is mentally ill, but they delayed the insanity plea while arguing state laws were unconstitutional. They said the laws could hobble the defense if Holmes' case should ever reach the phase where the jury decides if he should be executed.

The judge rejected that argument last week.

Samour on Tuesday ordered Holmes to undergo a mental evaluation at the state hospital in Pueblo, but it could be a while before that happens. Doctors want to review the 40,000 pages of evidence in the case first. Samour set a tentative deadline of Aug. 2 for Holmes' evaluation but indicated he would grant more time if doctors want it.

Legal arguments also could delay the evaluation. Prosecutors are fighting defense requests to sit in on the evaluation and get a first look at the results.

Marcus Weaver, who was wounded and lost his friend Rebecca Wingo in the shooting, doesn't believe Holmes is insane but is grateful the case is moving forward.

"As we've seen evidence and seen the case unfold, it's become more evident that Mr. Holmes did what he did, and it had nothing to do with his mental state," he said.

The insanity plea is widely seen as Holmes' best chance of avoiding execution, and possibly his only chance, given the weight of the evidence against him. But his lawyers delayed it for weeks, saying Colorado's laws on the insanity plea and the death penalty could work in combination to violate his constitutional rights.

The laws state that if Holmes fails to cooperate with doctors conducting a mandatory mental evaluation, he would lose the right to call expert witnesses to testify about his sanity during the penalty phase of his trial. Defense lawyers argued that is an unconstitutional restriction on his right to build a defense. They also contended the law doesn't define cooperation.

Samour rejected their arguments and said the laws are constitutional.

The defense also is challenging the admissibility of ballistics, handwriting and mountains of other evidence, and signaling Holmes will seek a change of venue because of pretrial publicity.

The motions released Tuesday challenge the search and seizure of computers, a pistol from Holmes' car outside the theater, evidence taken from Holmes' booby-trapped apartment, emails and other items. The motions also indicate the prosecution has as many as 3,000 witnesses, including FBI and Aurora officials, and demands that prosecutors hand over as many as 2,000 pieces of physical evidence.

Holmes' lawyers appear to be trying to humanize their client, known mostly for his earlier mop of dyed orange hair, which has returned to its natural brown. They filed motions asking that he be allowed to appear before jurors in civilian clothes, instead of a jail uniform, without shackles. They also asked that authorities ratchet back courthouse security, including armed guards on the roof.

Defense lawyers want Holmes' parents to be allowed to witness the entire trial in support of their son and not be sequestered like other possible witnesses.

Colorado law defines insanity as the inability to distinguish right from wrong caused by a diseased or defective mind.

If jurors find Holmes not guilty by reason of insanity, he would be committed indefinitely to the state mental hospital. He could eventually be released if doctors find his sanity has been restored, but that is considered unlikely.

If jurors convict him, the next step is the penalty phase, during which both sides call witnesses to testify about factors that could affect why Holmes should or shouldn't be executed.

The jury would then decide whether Holmes should be executed or sentenced to life in prison without possibility of parole.

If jurors impose the death penalty, it would trigger court appeals and open other possibilities that would take years to resolve.