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Defense Rests in James Holmes' Aurora Theater Shooting Trial

By Jeralyn, Section Colorado News
Posted on Fri Jul 10, 2015 at 12:59:50 PM EST
Tags: Aurora Theater Shootings, James Holmes (all tags)
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The defense has wrapped up its case in the Aurora theater shooting trial of James Homes. The jury will decide whether he was insane at the time of his killing rampage.

After playing jurors a video of the defendant naked and running head-long into a cell wall, and another of him thrashing around in restraints at a hospital, the defense rested.

The prosecution said it would not present any rebuttal case. Attorneys from both sides will make closing arguments on Tuesday

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    Defense Rests in James Holmes' Aurora Theater Shooting Trial | 10 comments (10 topical)

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    Clearly, he was severely mentally ill (5.00 / 1) (#1)
    by Zorba on Fri Jul 10, 2015 at 04:14:28 PM EST
    at the time of the shooting, and most likely still is.
    Psychologists and psychiatrists avoid the use of the term "insanity."  They prefer to use specific diagnostic terms. "Insanity" is a legal term, not a diagnosis.
    Whether Homes meets the legal definition of "insanity" is certainly not for me to say.
    Having worked with diagnosed schizophrenics and other mentally disabled people in the past, I can tell you that it is extremely difficult to determine whether or not they could distinguish "right" from "wrong."  Yes, some of them could tell you, this is right, this is wrong.  But that does not mean that they could refrain from doing things that they "knew" were wrong, because of the overwhelming compulsions of their mental illness.
    We have not, as a society, really come to terms with how to deal with the mentally ill, and the potentially or actually violent.  I am not saying that people like Homes should be let loose on society, because he clearly should not be; society must protect itself.
    But throwing someone into the prison system for the rest of his/her life, or executing them, does not seem to me to be the way to go.
    There should be a way that we could both protect society from those who are dangerous to it, while at the same time dealing with them in a compassionate, yet secure, environment.
    True and comprehensive Gun Regulation (none / 0) (#5)
    by Palli on Mon Jul 13, 2015 at 08:56:11 AM EST
    Sloppy laws & sloppy implementation of existing gun laws allowed Flood to purchase guns and Ammunition. Intelligent citizens, in and out of government, must be committed to gun control and enforcement of laws regarding sale, barter, registration, storage and use of guns of all kinds. Investigation and trials must be just as fervently practiced.
    BTW: Robert Bates (killer fake sheriff, armed, enthusiastic) hearing in court this morning in Tulsa OK.

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    DYLANN ROOF- why did I type Flood???? (none / 0) (#6)
    by Palli on Mon Jul 13, 2015 at 08:57:29 AM EST


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    different from Arizona? (none / 0) (#2)
    by thomas rogan on Fri Jul 10, 2015 at 08:26:23 PM EST
    If Holmes could attempt an insanity defense, then why couldn't Jared Lee Loughner in Arizona, Gabby Giffords' shooter, who was presumably represented by a much better lawyer?

    Loughner could have but the government (none / 0) (#3)
    by Jeralyn on Fri Jul 10, 2015 at 09:27:19 PM EST
    agreed to take the death penalty off the table so he pleaded guilty and agreed to life in prison. Holmes would have done this too, but the politically minded DA in Arapahoe County, who by most accounts, plans on seeking higher office wouldn't allow it.

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    A poor plea. (none / 0) (#4)
    by thomas rogan on Sat Jul 11, 2015 at 08:18:43 PM EST
    Virtually no inmates sentenced to death are actually executed, so a death sentence is mostly life in prison, though it looks glorious to be the lawyer who averted a death sentence.  Whereas someone like Loughner who was so obviously insane at the time (immediate psychiatric hospitalization at time of arrest) of the offense would actually have had a meaningful chance of winning the NGRI plea and spending many years instead in a hospital with the real possibility of passes or even release in some years.  And if he failed in NGRI then his mental illness could be used to mitigate and maybe even get a life sentence in the sentencing phase since Loughner was much more sympathetic than, say Tsanarev or whoever it was in Boston.

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    A Verdict has been reached (none / 0) (#7)
    by christinep on Thu Jul 16, 2015 at 03:53:20 PM EST
    per runners on the news, etc

    Denver Post reports that Verdict (none / 0) (#8)
    by christinep on Thu Jul 16, 2015 at 04:33:12 PM EST
    is to be read at 4:15 pm (MDT.) Streaming on www.denverpost/theatertrial.com

    Jury Verdict (166 counts) (none / 0) (#9)
    by christinep on Thu Jul 16, 2015 at 05:22:35 PM EST
    After approximately 12 hours deliberation, Guilty on first count of murder in the 1st degree, etc.

    The judge continues to read ... all murder counts guilty thus far.

    Reading at count 97 now (none / 0) (#10)
    by christinep on Thu Jul 16, 2015 at 05:50:55 PM EST
    In addition to findings of guilt on first-degree murder counts, findings of guilt on all attempted murder counts thus far.

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    Defense Rests in James Holmes' Aurora Theater Shooting Trial | 10 comments (10 topical)

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