James Holmes: Aurora Theater Shooting Suspect May Pursue Insanity Defense
James Holmes may attempt an insanity plea in his trial for a Colorado theater shooting that left 12 people dead and 58 wounded, his defense team hinted.
The decision on how to proceed with James Holmes’ defense has not been made yet. His attorneys filed papers in court on Friday that said they can’t make a decision on their defense until a judge roles on a motion they filed challenging the constitutionality of the state’s insanity defense law, The Associated Press reported.
The attorneys have argued that the law is not fair to defendants as it requires they turn over potentially incriminating information, which others who plead not guilty are not required to do. Legal experts believe that attorneys for James Holmes may be trying to keep potentially incriminating journals out of the hands of prosecutors.
The notebook had previously been off-limits to prosecutors because it was part of a doctor-patient relationship between Holmes and his psychiatrist.
James Holmes‘ attorney have said that he is mentally ill and was seeking treatment from a psychiatrist at the University of Colorado, Denver.
Holmes faces 166 felony counts of first-degree murder and attempted murder in the shootings at a midnight showing of The Dark Knight Rises.
Prosecutors still haven’t said exactly how they will proceed either, NBC News noted. They could still seek the death penalty, though no one has been put to death in Colorado since 1978.
If James Holmes is found not guilty by reason of his insanity defense, he would be sent to a psychiatric facility and release if it is deemed he has recovered, though experts say that is unlikely he would ever be set free.






![Missouri Teen Dies In First Solo Drive While Texting [Video]](http://cdn.inquisitr.com/wp-content/uploads/2013/05/savannah-nash-dies-texting-while-driving-2013-video-100x100.jpg)








![Nicki Minaj Wasn’t Allowed To Perform On ‘Idol’ Finale [Video]](http://cdn.inquisitr.com/wp-content/uploads/2013/05/nicki-minaj-100x100.jpg)
![Rob Kardashian Weight Loss Fight A Fat Failure As His Belly Gets Bigger Than Kim’s [Video]](http://cdn.inquisitr.com/wp-content/uploads/2013/05/rob-kardashian-weight-loss-struggle-100x100.jpg)



Mar 2, 2013
Should not be allowed to plea insanity.
Mar 2, 2013
He should be put in front of a firing squad and have the victims families allowed to pull the trigger on the guns. No insanity for this asshole he knew what he was doing.
Mar 2, 2013
NO WAY HE SHOULD ALLOW THAT!
Mar 2, 2013
Absolutely Not.. Needs to be held accountable for his actions..
Mar 2, 2013
I know so just look into his eyes he is in need of treatment. Sometimes the chemicals become unbalanced and alot of people do not understand this concept. Research the Brain and you will understand things can happen with the chemicals in the Brain.
Mar 2, 2013
He should not plea insanity he should plea guilty and have the book thrown at him because he took 12 lives he should get the death penalty
Mar 2, 2013
If he's found to be insane by psyhcologists, then yes.
Mar 2, 2013
He should be seen by mental health experts first. But, yes, if he is insane…that should be his plea.
Mar 2, 2013
either way, he should not be released from prison or the psychiatric facility!
Mar 2, 2013
He can plea whatever he wishes….as long as it's on the way to Death Row.
Mar 2, 2013
No insanity plea. Negative. Take the bastard out back and riddle him.
Mar 2, 2013
He is obviously crazy and should be locked up for life or get the death penalty. He planned the killings and even had a diagram of it and sent it to his psychiatrst and was ignored. He did seek psychiatric help and was igbored.
Mar 2, 2013
How can he be allowed to put in an insanity plea when everything he did was premeditated.. he bought the guns, ammo, and clothing he wore well in advanced.. to be able to plea insanity, I feel he wouldn't have been able to do all that in advance of his actions. Most of the time, insanity is a surprise thing.. NOT PLANNED… and I say that everyone who had family or friends who lost their lives or where injured should be his jury.. let him try to convince them that it was insanity that took their family's and friends.
Mar 2, 2013
EVERYTHING he did was premeditated no way he should be allowed to plead insanity. He needs to be punished!
Mar 2, 2013
What he did is horrible and inexcusable but if he was temporary insane that's for the experts to say. Seems you would have to be to do what he did. However, he should not be allowed to walk the streets a free man for the rest of his life.
Mar 2, 2013
He should never be allowed to be a part of society again.
Mar 2, 2013
He looks it. Why takes chances? Hang him.
Mar 2, 2013
What happened to his red hair? Oh, I know. It is a lawyer thing….cut that hair boy. Makes you look nuts. Well, he is but he should not be allowed to please insanity. Being nuts and insane are two different things.
Mar 2, 2013
Just plain hang the bastard.
Mar 2, 2013
Is he insane? Yes But that doesn't mean that he did not know that what he was doing was wrong. Regardless, he should spend the rest of his life behind bars, one way or another.
Mar 2, 2013
He can be nuts all he wants, for the rest if his life, in prison.
Mar 2, 2013
Death Penalty.
Mar 2, 2013
NO!
Mar 3, 2013
He should not be able to UAE the insanity defense. He planned whathe was going to do, booby trapped his house, and made no attempt to get the help he felt he needed.
Mar 3, 2013
If he is able to plead insanity he will be sent to a state operated psychiatric facility that is run similar to a prison. However, if he is ever deemed "sane" by the psychiatrist at the facility, he will be released back in to the community a free man. There is no way in H3LL this man should ever see freedom again. He needs to be punished to the fullest extent the legal system allows. In prison.
Mar 3, 2013
Hell No! He is a killer. He should receive death penalty so the innocent people he didn't kill don't have to pay for him to be locked up.killers should be killed similar to how they killed, sick asses.
Mar 3, 2013
I agree with you Megan!
Mar 3, 2013
absolutely NO !!!!!!!!!!!!!!
Mar 3, 2013
NO
Mar 3, 2013
Just looking at him , you can see he is crazy as a loon. Whatever sentence he gets, it should make sure that he never is free again! He is a true nut job!
Mar 4, 2013
Absolutely not. If all the others that have pled insanity weren't allowed to do that maybe there wouldn't be so many killings. I am thinking eye for an eye.