James Holmes/Aurora

[wavingrl]

Police: Colo. shooting suspect planned massacre | www.ajc.com

'Holmes' lawyers could have waived the first public airing of the case against him, but legal analysts say they may see the mini-trial as a chance to gauge the prosecution's case or tactics to prepare for a possible plea agreement.

Cases rarely advance to this stage without a judge agreeing to set a trial.

If Holmes is found sane, goes to trial and is convicted, his attorneys can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors have yet to say whether they will seek the death penalty.

If he's found not guilty by reason of insanity, he would likely be sent to the state mental hospital, not prison. Such a defendant is deemed not guilty because he didn't know right from wrong and is therefore "absolved" of the crime, said former Jefferson County District Attorney Scott Storey.'

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I am glad that I don't have to be involved in this.

How many millions of dollars and hours of time will be involved.

 

[waltky]

Okay given to use truth serum on Colorado Joker...

Judge approves possible use of 'truth serum' on Colorado massacre suspect
March 12, 2013 – The defendant in the deadly Colorado theater shooting could be given "truth serum" under a court order issued Monday to help determine whether he is insane if he pleads not guilty by reason of insanity.

Suspect James Holmes could be required to submit to a "narcoanalytic interview" as part of an evaluation to determine if he was legally insane at the time of the July 20 shootings, Arpahoe County District Judge William Sylvester said. A narcoanalylitic interview is a decades-old process in which patients are given drugs to lower their inhibition. Academic studies have shown that the technique has involved the use of sodium amytal and pentothal, sometimes called truth serum. The prospect of such interviews that may ensue under such a plea alarmed defense attorneys, who filed documents opposing the technique.

Holmes, 25, is scheduled to enter a plea Tuesday to multiple counts of murder and attempted murder. He is charged with killing 12 people and injuring 70 at a midnight showing of "The Dark Knight Rises" in the Denver suburb of Aurora. If Holmes pleads not guilty by reason of insanity, he would be examined by doctors at the state mental hospital. In an advisory that Holmes would have to sign if he enters an insanity plea, Sylvester didn't specify what type of drugs would be used but said the examination could include "medically appropriate" ones. Sylvester said Holmes also could be given a polygraph examination as part of the evaluation.

After reading a draft of the advisory, Holmes' lawyers objected, saying a narcoanalytic interview and a polygraph would violate their client's rights. In the final version of the advisory, Sylvester said he had incorporated some suggestions from the defense and the prosecution, but he did not address the defense objections to a narcoanalytic interview and polygraph. Karen Steinhauser, a former prosecutor who is a law professor at the University of Denver and a defense attorney, said she could not find any case law about use of the narcoanalytic interview. "It comes up so rarely," she said, adding she knows nothing about it. She noted the technique is clearly allowed by Colorado law.

Read more: Judge approves possible use of 'truth serum' on Colorado massacre suspect | Fox News

 

[wavingrl]

Legal issues---so complex that I will never understand.

If the ability to understand right from wrong is a major factor I suppose they can subpoena expert witnesses. I'm not certain the truth serum will be that helpful. If he is schizophrenic - the last diagnosis I heard --there may be times when he is able to function more rationally and then other times when he is in his own world.

 

[whitehall]

The pay-for-testimony defense experts will say he is insane and the government experts will say he is competent. It all depends on the Colorado jury.

 

[eots]

[ame=http://www.youtube.com/watch?v=85ZPqelG7_I]Sirhan Sirhan & CIA mind control - YouTube[/ame]