Photos: James Holmes allowed to plead not guilty by reason of insanity

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Andy Cross/Denver Post
More photos below.
James Holmes, accused of killing twelve people and wounding seventy at a July 2012 screening of The Dark Knight Rises at an Aurora theater, has been allowed to plead not guilty by reason of insanity.

Judge William Sylvester had previously entered a plea of not guilty on Holmes's behalf. At a hearing today, Judge Carlos Samour, who replaced Sylvester in the case earlier this year, granted Holmes permission to change the plea and pursue an insanity defense.

As we've reported, a hearing in late May dealt with a single question: If Holmes, who had indicated that he'd like to plead not guilty by reason of insanity, did not cooperate with a court-ordered mental examination, should he be allowed to call his own expert witnesses to testify about his mental condition at the sentencing hearing in his case?

Holmes's defense attorneys said "yes" and argued that Colorado's insanity-plea laws were unconstitutional. Days later, however, Judge Samour ruled in favor of the laws' constitutionality. That decision set the stage for today's hearing, in which Samour read Holmes an advisement intended to explain to him "the effect and consequences" of entering an insanity plea.

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Andy Cross/Denver Post
James Holmes looks at the advisement as Judge Carlos Samour reads it aloud.
Wearing a red jumpsuit, Holmes, distinguished by a bushy beard and slicked-back hair, had a copy of the advisement and appeared to be following along as Judge Samour read it aloud. Defense attorney Daniel King turned the pages for him, since he was shackled.

The entire advisement is on view below, but here's an excerpt -- the applicable test for determining insanity:

james.holmes.insanity.advisement.image.jpg

Continue for more about today's hearing in the Aurora theater shooting case, including more photos and a document.


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57 comments
Richard Buck
Richard Buck

A lot of the people here think that there is only one amendment, curiously labeled the second.

Roberto Garcia
Roberto Garcia

OK then Mr Manny know it all... it was my opinion and where you came up with all replies... wow... you are a true douche bag..

glakiam
glakiam

James Holmes should be treated like the terrorist he is.  Let seal team 6 take care of the problem just like they did with Insano Bin Laden.

Jeff Sirovatka
Jeff Sirovatka

Wait by your phone. The minute I give a shot about your opinion you can be damn sure I'll be giving you a jingle.

Schittphaiç Magü
Schittphaiç Magü

And here come the armchair litigators with their "expert analysis."

Schittphaiç Magü
Schittphaiç Magü

Ahem, Einstein. Accused criminals have long been using the insanity defense. Which rock have you been living under?

Schittphaiç Magü
Schittphaiç Magü

Says the guy who idolizes a (albeit fictional) ruthless, murderous drug kingpin.

Schittphaiç Magü
Schittphaiç Magü

"We" have no right to find anyone guilty. That's the job of randomly chosen individuals that sit on a jury and whose decision rely upon evidence presented -- not a bunch of insanely emotional knee-jerk imbeciles on the Internetz.

Schittphaiç Magü
Schittphaiç Magü

I just love the pitchfork and torch crowd. The Taliban would be proud of you.

Josh Bradley
Josh Bradley

Where have you been for the last, oh, i dunno, few DECADES? This is hardly a new defense.

fishingblues
fishingblues topcommenter

All egregious behavior should be controlled by the "one to the head" rule.

Depending on severity:  a smack, a 2X4 or a 45.   Holmes deserves all three.    

Elizabeth Lemont
Elizabeth Lemont

People are so quick to complain that "the system" is slow and flawed and that exemptions should be made in situations such as this one, yet complain when loopholes are made around other laws. I don't understand. And mister Bobby Gunter, since you were curious as to "why there is even a trial"... "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." -6th Amendment of the US Bill of Rights.

wrobert.weller
wrobert.weller

As is noted below, this does not mean he acquitted.

Juan_Leg
Juan_Leg

I hate Facebook more than I do James Holmes ....

Juan_Leg
Juan_Leg

Well that was very kind of the judge . Expect next to little if any reprieve via the judge in this 'witch hunt' , I mean trial ....

Holly Isbell
Holly Isbell

Yes . He didn't act alone. What mass murderer tells cops his house is rigged?! None.

Andrew Schoedel
Andrew Schoedel

Pleading not guilty due to insanity almost never works. There are extremely high legal hurdles to jump in order to be found not guilty, and even then he doesn't walk out of jail a free man. Instead he is incarcerated in a state mental facility. Some people need to watch less Law and Order.

Divad Mcpot
Divad Mcpot

and who is to blame ? my opinion 1.lack of mental health and difficult getting treatment & high cost. 2.the gaming industry for violent games(he probably was thinking that was a game like grand theft auto collecting guns ,bullet prof shit just like the games). 3.the last incompetent psychiatrists he was seen because he was looking for help and she may have prescribe him a shit load of drugs like benzodiazepines which causes people to lose control of their actions(you are like a race car with out brakes). and only unbalance people seeks that kind of help so I do think he is one of those super smart guys but in the border of psychosis or craziness . that's just my opinion .

Ryan Greska
Ryan Greska

This is total Bullshit! now everyone will commit crimes and say that they're "insane" and get away with it!

Ian Errl
Ian Errl

"Whatever happened to crazy?" -Chris Rock

James Roland
James Roland

The California Commission on the Fair Administration of Justice has reported that the “additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate. With California’s current death row population of 670, that accounts for $63.3 million annually.” Using conservative rough projections, the Commission estimated the annual costs of the state’s death penalty system to be $137 million per year. The cost of a system that imposes a maximum penalty of lifetime incarceration instead of the death penalty would be $11.5 million per year.

Bobby Gunter
Bobby Gunter

why is there even a trail clearly I he did....put a bullet in his fucking head and move on .don't spend millions this p.o.s.

Alecia Stark
Alecia Stark

Just because he is pleading not guilty doesn't mean that they are going to find him innocent. He can plead however he wants.

Gena Beagle
Gena Beagle

Amen Jen!!!! You have to be insane to do what he did! There are people who are legitimately insane who need meds and constant monitoring and then there are those who take this plea just to get out of taking responsibility for what they KNEW was wrong and doing it anyway!!!! What normal person would do this???? Makes me so mad!

James Roland
James Roland

Where are you getting your facts from? ~~"Many opponents present, as fact, that the cost of the death penalty is so expensive (at least $2 million per case?), that we must choose life without parole ('LWOP') at a cost of $1 million for 50 years. Predictably, these pronouncements may be entirely false. JFA estimates that LWOP cases will cost $1.2 million - $3.6 million more than equivalent death penalty cases. ~~

Divad Mcpot
Divad Mcpot

it is clear he is crazy a sane person don't do that . only an INSANE HUMAN BEEN CAN PREPARE AND KILL THAT MANY PEOPLE

Damien Roberts
Damien Roberts

Lets face it, this is one of the biggest tragedies to happen in Colorado and you're asking a large group of Colorado citizens, anything other than being found guilty won't fly for most of us. That said, I agree with the majority of people, insanity shouldn't rid you of any wrong doing.

Jennifer Stephens Demps
Jennifer Stephens Demps

he is insane but I don't believe crazy people should be allowed to duck the death penalty or jail time.

Lori Payne
Lori Payne

This is ridiculous on so many levels....of course, this should not be allowed. I wonder how long this fiasco will be allowed to continue....

Gary White
Gary White

He can plead how ever he likes, that's his right. It's our right to find him guilty and dispose of him as we see fit.

Mane Rok
Mane Rok

The death penalty actually cost tax payers more than life in prison. About 5 times more.

jenna-furrr
jenna-furrr

Fuck this guy. Put his head on a fucking spike, right next to that statue of the devil horse at the airport.

Janette Kononov
Janette Kononov

He had planned every step out. He might be insane, but he knew damned well what he was doing at the time.

Chelsea West
Chelsea West

Goodness gracious, retaliative thought doesn't do anything but promote more violence.

Juan_Leg
Juan_Leg

@Cindy Hildebrand  <--- Typical ignorant media SLUT !

Would you be saying this if Holmes was your son or brother and IS actually crazy ?

fishingblues
fishingblues topcommenter

@Manny LaRue Golly Manny, will you teach us all to be as enlightened as you?

Juan_Leg
Juan_Leg

@Ryan Greska  Thank you for the BLATANT display of typical stupidity .

Yours should be made,  'Comment of the Day' !

Hey Ryan, did any of your parents children live ?....

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