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James Holmes Granted Not Guilty Plea By Reason of Insanity

James Holmes Granted Not Guilty Plea By Reason of Insanity

It has been almost a year since the tragic Colorado movie theater shooting, and Judge Carlos Samour Jr. finally accepted James Holmes’ not guilty plea by reason of insanity.

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

The alleged suspect’s lawyers waited such a long time to enter his insanity plea because they believed the laws were unconstitutional. They argued that Colorado’s laws on insanity could cause Holmes to self-incriminate himself.

Under these laws, defendants who plead not guilty by reason of insanity must cooperate in a psychiatric evaluation. If they don’t follow the rules, they are not allowed to have mental health experts testify on their behalf at trial.

Holmes’ lawyers said the law hurts him because if he doesn’t cooperate properly, it could be used against him in court. But Samour ruled that the law requiring cooperation is needed. Without cooperation, “it is difficult to imagine a rational and equitable administration of the death penalty in Colorado in a case involving an insanity plea,” he wrote.

If Holmes is found not guilty by reason of insanity, he would be committed to a mental hospital. The trial will likely not start until at least February, so there is still plenty of time to evaluate Holmes’ mental state. If doctors ever determine that he is mentally stable again, he may eventually be released.

The 25-year-old’s defense team also indicated that day that they plan to request a venue change so that Holmes can get a fair trial. If the defense can convince the judge that holding Holmes’ trial in Arapahoe County will be extremely difficult, he may consider moving the trial to a different county.

Do you agree with the judge’s decision’s on the insanity plea?

[Image via Yahoo! News]

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Comments

31 Responses to “James Holmes Granted Not Guilty Plea By Reason of Insanity”

  1. Sue E Smith

    r u f**king kidding me, his victims didn't get a fair trial…bs.

  2. Carol Cain

    yes he's nuts but he knew what he was doing… he would have to be a bit nuts to do what he did. so the state will have to provide and pay for his care for how long? exactly why? judgement call..

  3. Susan Rosenau

    Do you understand the question? The judge did not rule that he was not guilty by reason of insanity. He ruled that Holmes understood the consequences of pleading not guilty by reason of insanity, because in Colorado, you have to let psychologist evaluate you, and cooperate completely with them even if it means incriminating yourself. So you could be giving evidence against your own case and if the jury doesn't think you are insane, you have screwed yourself. Not that I really care much about this guy. I doubt he'll be found not guilty under any circumstances.

  4. Donna Rega

    Absolutely NOT. I think the Judge should submit for a psychiatric exam; are you kidding me? He had the clarity of thought to execute his plan; at the time of the mass murder he seemed to be quite focused on what he set out to do making no mistakes. I'm not surprised; who cares about the victims right? they're dead anyway don't you know?

  5. Teri Lyon

    He was sane enough to choose a theater that had a gun restriction thereby assuring that no one would shoot HIM. Anyone that does what he did has got to have a screw loose but I don't believe that absolves him of guilt. He took a gun or guns into a theater with the intention of shooting people. Crazy or not, he's guilty.

  6. Tom Smith

    No I don't agree with the judge to allow this. He planned the whole thing and knew his risks before committing the murders. Save the Tax Payer some money.

  7. Aaron Smith

    Awesome! Now he can pass on his defective genes!

  8. Luisa DeLuca

    mental illness. if someone is having waht we call "command hallucinations" (voices telling him what to do) he can indeed be very well thought out in his plan but still not have a coherent understanding of what he did.

  9. Donna Gray Regan

    Once again the victims are the guilty ones. After all, if they had not been there, they would not have been shot and killed because everyone knows that anyone has the right to walk into a theater and start shooting the place up, right? This country and its laws are becoming more and more whacky. Think I'll stay home all the time.

  10. Angel Rodriguez

    Guns kill people. Not idiot lawyers and judges that allow killers to get these pathetic ways out. Insanity plea? The sob prepared in a way that demonstrated above average intelligence. This sickens me.

    Oh and the trial won't begin until February? Nice, another 6 months for people to cool down and forget.

    This is the problem in this country. He should already be underground. Stupid cops taking him alive.

  11. Pat Ostrander

    He planned those murders a long time , I'm guessing he may have been freed if he had a regular trial on not being given a fair trial , don't like he ws granted an insanity plea , but hoping he is never granted free from a mental intitution because I believe his personality will only do the same thing again and lauph justice in the face.

  12. Danielle Raasch White

    People just read the headlines. They can't be bothered to read what it ACTUALLY says.

  13. Jennifer Dassinger

    What a bunch of crap he knew exactly what the heck he was doing he was definetly sane to choose what did he needs to be behind bars

  14. Chantal Roberts

    I don't believe he is "insane" with all he did that was premeditated and thoroughly planned out, but I like the fact that it could shoot him in the foot. Sometimes asylums can be scarier than prisons.

  15. Steve Wilson

    You know, not a single one of the comments here (with the exception of ONE reply) – not one of the comments hints at an understanding of the article. The judge DIDN'T find him not guilty by reason of insanity. All the judge said was that AS A MATTER OF LAW, he understood the consequences of pleading not guilty by reason of insanity. People, read and try to comprehend what's actually being written before you start ranting.

  16. Nikki Brown

    I dont think a lot of these people understand the question. Still not the most favored plea but at least he will more then likely hang himself out to dry. Then it will be up to the jury to determine if he really is insane. If the jury does not come back with a conviction then maybe they need to be evaluated….

  17. Dennis Clark

    the things people say… SMH. Ignorance is rampant. The two problems that I have with what people are saying is that 1) The importance of the rights we have in this country FAR out-way any individual application. Even one as serious as this. This man is an American, and is entitled to the same protections and rights as anyone else. If he is going to be "fried," it needs to be done according to the God-damned Constitution of the United States of America. 2) Finding this man not guilty by reason of insanity doesn't mean that he's going to go free. He's going to be institutionalized. Crazy people belong in treatment, criminals belong in jail. If we don't start putting the right people in jail and keeping the wrong ones out, we are ALL going to end up in prison.

  18. Steve Wilson

    You're right. And, all the judge really did was to say he COULD plea not guilty by reason of insanity – as long as he understood he was giving up at last his 5th amendment rights – and all these people are STILL pissed. Un-fuckin-believable.

  19. Kirk Bennett

    I may be wrong but he will still be found guilty with his insanity plea but will spend the rest of his life in a correctional facility for mental patients. It will stop him from getting the death penalty but I don't know if they have one in that state. The really bad part is that he will be given meds that will turn him into a drool monkey and he won't be made to suffer. He'll just sleep away the rest of his life.

  20. Kirk Bennett

    Yes they have the death penalty so that just sucks.

  21. Cheryl Ward

    Anything less then the death penalty for this creep is unacceptable.

  22. Geoffrey Melendres

    thre go's our pollitically correct way of life that our society impoosed on us setting these people free… no wonder our country;s caving in on itself!