James Holmes's attorneys offer not guilty by insanity plea, judge isn't ready to accept it

james.holmes.beard.205x205.jpg
James Holmes.
Late last month, a court document suggested that the attorneys representing accused Aurora theater shooter James Holmes wished to enter a not-guity-by-reason-of-insanity plea on his behalf.

At a hearing today, the defense team formally did so in the case, which involves the murder of twelve people and the wounding of seventy others at a midnight screening of The Dark Night Rises on July 20, 2012. However, Judge Carlos Samour has not yet accepted the plea. His decision will come at month's end.

Judge William Sylvester, who previously oversaw the case, entered a not guilty plea on Holmes's behalf this past March over the objections of his attorneys. As we've reported, Holmes's attorneys argued that they weren't ready to enter a plea because they still had questions about, among other things, how a mental evaluation of their client could be used against him in a death-penalty proceeding. At a hearing in March, defense attorney Daniel King said Holmes's representatives had retained experts who were working on his behalf and making progress, but hadn't yet completed their tasks.

carlos samour.jpg
Judge Carlos Samour.
There has also been confusion over the advisement that Holmes would receive should he be allowed to change his plea from "not guilty" to "not guilty by reason of insanity."

We've previously noted that the advisement explains the ramifications of such a plea, including that Holmes would be required to cooperate with a court-ordered mental examination. If he does not cooperate, the advisement states that he would not be allowed to call his own psychiatrists at trial to present mitigating evidence about his mental condition. Holmes's attorneys have repeatedly stated that the 25-year-old "suffers from a serious mental illness."

At today's hearing, prosecutors expressed displeasure that Holmes's team has not yet settled on a plea. "Our largest frustration is the amount of time it's taken to get to this point," stated one of the prosecutors, Jacob Edson.

However, Edson also acknowledged that there are close to 40,000 pages of discovery in the case. And while he stressed that it is up to Judge Samour whether or not he accepts the plea, he revealed the results of an informal poll in which victims were asked their views about a change of plea being allowed. Edson said nineteen victims objected to the judge accepting the change of plea, three victims had no position on the matter, and six victims did not object to the judge accepting a change of plea.

Continue for more about today's hearing in the Aurora theater shooting case.


My Voice Nation Help
38 comments
Juan_Leg
Juan_Leg

The judge is waiting to speak w/ his Astrologist before making his decision ......

Jay Jurgens
Jay Jurgens

OH HEEEYEELLLL NO. Gas him hang him send him to the sodomy tank bend him quarter him put his head in a vice till his eyeball pops

wrobert.weller
wrobert.weller

For the judge to not accept the plea he will have to rule Holmes is competent to stand trial.

Nandrolone
Nandrolone

Why does the prosecution keep pestering the poor victims? The D.A. is the premium of The People, he is an elected official after all. Which is why I would've like to hear more than "justice is death" and not hear one encourage the Governor to be "courageous" in supporting death penalty from a person in Brauschler's privileged position. He is an prosecuting attorney not an executioner.

Juan_Leg
Juan_Leg

I would like to see REAL proof that EVERY bullet which found flesh, came from James Holmes & NOT the dozens of officers who went in firing BLINDINGLY, into the smoky darkness .... An INDEPENDENT investigation NOT conducted by the effected county !

I wish Holmes would write an 'exit' letter and kill himself, to the great dismay of the extreme blood-lust that exists in Arapahoe county !!!

The state NEEDS a 'white dude' on Death Row . It's mighty dark . 

I think he'll end up w/ life .......

Green_eyes
Green_eyes

Not guilty by reason of insanity??? He knew exactly what he was doing, he planned it and he carried out his act knowing it was wrong.... People have the right to believe what they want and I believe Holmes is guily of capital murder and he should be executed, his victims never had a choice in whether they lived or died and neither should Holmes....

Maat Human
Maat Human

should he accept it? what like hes allowed to only accept plea bargains or something.. yes he should accept it... duh x 10..

Starr Masters
Starr Masters

No! He sure knew wtf he was doin! He needs the electric chair! DON'T LET HIM GET AWAY WITH THIS

Jake Lenth
Jake Lenth

Hell no, this waste of space need to go through the express lane to death row

Nando Commando
Nando Commando

...if there's evidence to support it, and common sense to say if this was his plan the whole time.

Tommy Romero
Tommy Romero

should they acknowledge the indictment of homles father and the sandy hook father? yes. fuck the government

A Jinnie McManus
A Jinnie McManus

"Judge Carlos Samour ruled Monday there is reason to allow Aurora movie theater shooting suspect James Holmes to change his plea to not guilty by reason of insanity. "

Nandrolone
Nandrolone

@Jay Jurgens ur mean :( and SICKO GROSS

DonkeyHotay
DonkeyHotay topcommenter

@Jay Jurgens = future mass murderer


Juan_Leg
Juan_Leg

@Nandrolone  

Has Carole Chambers applied to be the state's official executioner ?

She has a 'direct-line' to hell on speed dial ....

Nandrolone
Nandrolone

@Juan_Leg I agree, let's show it all. bare none. I hope your thoughts are right on his life. Hey wonder if that info will come out in the $250K investigation that Aurora commissioned out? ha! NO DEATH PENALTY

Nandrolone
Nandrolone

@Green_eyes How do you know this? I guess you are psychic too? Are you Judge Samour's psychic consultant? Do tell.

Nandrolone
Nandrolone

@Starr Masters R U Psychic? How you "sure knew" "he sure knew?"

Nandrolone
Nandrolone

I believe that! Her and Brauschler competing hard n heavy over that title

Juan_Leg
Juan_Leg

@Nandrolone @Juan_Leg  

$250,000 on the investigation & five(+) millions, convicting him ....

Nandrolone
Nandrolone

@DonkeyHotayhe was already on the edge for long time I bet, took those psych meds and well...

Nandrolone
Nandrolone

@Juan_Leg I hear people say don't glorify monsters in the press on tv etc. they are not worth it etc, well they must be worth SOMETHING if millions can be spent to fight to keep them alive. LIFE NO DEATH PENALTY

Now Trending

From the Vault

 

Loading...