Judge denies Holmes request to throw out insanity law
James Holmes, CU-Denver ID picture
AURORA, Colo.—A judge presiding over the movie theater shooting case has rejected the defense’s request to strike down the state’s law on insanity pleas.
Lawyers for 25-year-old James Holmes filed motions last week that signaled they are considering entering a plea of not guilty by reason of insanity.
He is accused of storming a theater in Aurora showing the premiere of “Batman: The Dark Knight Rises” and opening fire on the crowd.
The shooting spree killed 12 people and injured 70 others.
He is currently facing 166 felony counts for the crime.
Holmes’ lawyers asked the judge to declare Colorado’s insanity law unconstitutional and in violation of his Fifth Amendment protection from self-incrimination.
They claim is it unclear when a defendant may waive his right to remain silent and whether he must reveal confidential medical information.
The judge rejected all but one of Holmes’ arguments, saying they depended on hypothetical facts that weren’t present in this case.
He did grant Holmes’ request for a written explanation of the consequences of pleading not guilty by reason of insanity.
Prosecutors still haven’t said whether they intend to seek the death penalty or not.