Holmes' Lawyers Broaden Challenge to Death Penalty

[bianco]

Holmes' Lawyers Broaden Challenge to Death Penalty - ABC News


Battling to save their client's life, lawyers for theater shooting defendant James Holmes broadened their attack on the death penalty, saying in motions released Tuesday that the sentence is so unevenly imposed in Colorado and so rarely carried out that it is unconstitutional.

The lawyers also argued that death penalty opponents should be allowed to serve on Holmes' jury, and that victims of the shooting shouldn't be permitted to testify when the jury is deciding punishment.

Prosecutors are seeking the death penalty. The trial is scheduled to start in February.

The defense filed 20 motions last week that were made public Tuesday. Six were challenges to the death penalty, arguing among other things that Colorado executes prisoners so rarely that it falls under the U.S. Constitution's ban on cruel and unusual punishment. The state has executed only one person since 1967.

The defense also said Colorado prosecutors are so inconsistent in whether they seek the death penalty that it has become arbitrary and capricious, again violating the Constitution.

To support their case, defense lawyers quoted Gov. John Hickenlooper, who granted an indefinite reprieve to a death row inmate in May. Hickenlooper cited doubts about the fairness of Colorado's death penalty system and noted inconsistencies from county to county.

Holmes' lawyers began questioning the death penalty even before prosecutors announced in April that they would seek it. They filed other challenges in May and August. Arapahoe County District Court Judge Carlos A. Samour Jr. rejected some but hasn't ruled on others.

In another motion, the defense asked Samour not to automatically disqualify potential jurors because they oppose the death penalty.

Citing social science research, the defense said barring death penalty opponents produces juries that are partial to the prosecution, biased against the defense, and more likely to convict a defendant. That violates Holmes' right to a fair trial, they said.

Another motion says that if jurors convict Holmes, they should be taken to see Colorado's death chamber as well as the prison holding death-row inmates before they deliberate his sentence.

#####

I was just outside hanging out the washing, when this story came over my 11am radio news.

Yes, take the jurors to see the chamber of death...where dealing in death is its sole purpose.
Tell them that if they vote for a death sentence that they will be party to the premeditated, cold-blooded killing of a human being by the State.

Death penalty opponents are not allowed to serve on Holmes' jury?
A total outrage!

 

[TheOldSchool]

 

[bianco]

I'm opposed to the death penalty as a rule.
In this case, I don't care.
Let the **** fry.

Either you're an abolitionist or not.
Can't be making exceptions.

No more frying, is there?

Given that Colorado has already execution-homicided at least one innocent person, it should abolish the death penalty and bulldoze its death chamber/s.

 

[RetiredGySgt]

I'm opposed to the death penalty as a rule.
In this case, I don't care.
Let the **** fry.

Either you're an abolitionist or not.
Can't be making exceptions.

No more frying, is there?

Given that Colorado has already execution-homicided at least one innocent person, it should abolish the death penalty and bulldoze its death chamber/s.

Provide evidence they executed an innocent person.

As to the death penalty with out it what stops a mass murderer locked up from murdering guards and other inmates?

 

[bianco]

I'm opposed to the death penalty as a rule.
In this case, I don't care.
Let the **** fry.

Either you're an abolitionist or not.
Can't be making exceptions.

No more frying, is there?

Given that Colorado has already execution-homicided at least one innocent person, it should abolish the death penalty and bulldoze its death chamber/s.

Provide evidence they executed an innocent person.

As to the death penalty with out it what stops a mass murderer locked up from murdering guards and other inmates?

Capital punishment in Colorado - Wikipedia, the free encyclopedia

In January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936. The pardon came 72 years after Arridy’s execution and was the first such pardon in Colorado history.
A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities.
He had an IQ of 46 and functioned like a toddler. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution.
Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.”[9]

_______
******

Lock the mass murderers up in supermax prisons.
Supervise them totally...they cannot murder anyone.

 

[RetiredGySgt]

Either you're an abolitionist or not.
Can't be making exceptions.

No more frying, is there?

Given that Colorado has already execution-homicided at least one innocent person, it should abolish the death penalty and bulldoze its death chamber/s.

Provide evidence they executed an innocent person.

As to the death penalty with out it what stops a mass murderer locked up from murdering guards and other inmates?

Capital punishment in Colorado - Wikipedia, the free encyclopedia

In January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936. The pardon came 72 years after Arridy’s execution and was the first such pardon in Colorado history.
A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities.
He had an IQ of 46 and functioned like a toddler. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution.
Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.”[9]

_______
******

Lock the mass murderers up in supermax prisons.
Supervise them totally...they cannot murder anyone.

From the 30's? Got anything even remotely on point about modern methods and the death penalty?

And I repeat if you can not ever put them to death what stops them from murdering in prison?

 

[Dont Taz Me Bro]

In January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936.

Let me know when the fog subsides, OP.

 

[bianco]

Provide evidence they executed an innocent person.

As to the death penalty with out it what stops a mass murderer locked up from murdering guards and other inmates?

Capital punishment in Colorado - Wikipedia, the free encyclopedia

In January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936. The pardon came 72 years after Arridy’s execution and was the first such pardon in Colorado history.
A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities.
He had an IQ of 46 and functioned like a toddler. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution.
Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.”[9]

_______
******

Lock the mass murderers up in supermax prisons.
Supervise them totally...they cannot murder anyone.

From the 30's? Got anything even remotely on point about modern methods and the death penalty?

And I repeat if you can not ever put them to death what stops them from murdering in prison?

You asked for proof, I gave you proof.
I also gave you the solution for stopping mass murderers from killing guards and other inmates in prison.

 

[bianco]

I'm opposed to the death penalty as a rule.
In this case, I don't care.
Let the **** fry.

Either you're an abolitionist or not.
Can't be making exceptions.

No more frying, is there?

Given that Colorado has already execution-homicided at least one innocent person, it should abolish the death penalty and bulldoze its death chamber/s.

Abolitionist?
I tend to avoid labels.
Read what I said.
Keep your labels.
Or earn one from me!!

I consider myself to be me.
I care about my family.
I keep them safe, it's what I promised them at birth.
I never go back on my word.

I am a Dad.
The best thing a man could ever wish to be!!

I love labels.
Label me whatever you choose to.

"Let the **** fry"...is that the attitude a dad should be passing on to his children?
...just asking.

 

[bianco]

In January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936.

Let me know when the fog subsides, OP.

The only fog was in Colorado;

He had an IQ of 46 and functioned like a toddler.

Wonder what was going thru their minds as they tortured him to death.

 

[bianco]

Abolitionist?
I tend to avoid labels.
Read what I said.
Keep your labels.
Or earn one from me!!

I consider myself to be me.
I care about my family.
I keep them safe, it's what I promised them at birth.
I never go back on my word.

I am a Dad.
The best thing a man could ever wish to be!!

I love labels.
Label me whatever you choose to.

"Let the **** fry"...is that the attitude a dad should be passing on to his children?
...just asking.

When he murders scores of innocent people in a gun free zone, yes.
It's called teaching a sense of justice, teaching what is right and what is wrong.
Thanks for attacking my family.
Your label is clear.

Attacking your family?

 

[Papageorgio]

Death Penalty in this case works.

 

[Noomi]

From the 30's? Got anything even remotely on point about modern methods and the death penalty?

And I repeat if you can not ever put them to death what stops them from murdering in prison?

If they murder in prison, that is an issue with prison security.

 

[bianco]

When he murders scores of innocent people in a gun free zone, yes.
It's called teaching a sense of justice, teaching what is right and what is wrong.
Thanks for attacking my family.
Your label is clear.

Attacking your family?

Yes, you deny it?

I most certainly do!

What if...Holmes were one of your children?
Would you want them execution-homicided by the State?

 

[bianco]

Death Penalty in this case works.

Death penalty never works...all it is is more premeditated, cold-blooded killing.

 

[Papageorgio]

Death Penalty in this case works.

Death penalty never works...all it is is more premeditated, cold-blooded killing.

The is your opinion, mine is different. This guy knew the penalty and wished to take innocent lives. He gets what he deserves.

 

[bianco]

Death Penalty in this case works.

Death penalty never works...all it is is more premeditated, cold-blooded killing.

The is your opinion, mine is different. This guy knew the penalty and wished to take innocent lives. He gets what he deserves.

It's not about him.
It's about the State, what it is doing, and the People supporting its system.

 

[Papageorgio]

Death penalty never works...all it is is more premeditated, cold-blooded killing.

The is your opinion, mine is different. This guy knew the penalty and wished to take innocent lives. He gets what he deserves.

It's not about him.
It's about the State, what it is doing, and the People supporting its system.

You are correct, the state is getting rid of a person that does not know how to live in a civilized society. He will not be free to take others lives.

 

[martybegan]

Capital punishment in Colorado - Wikipedia, the free encyclopedia

In January 7, 2011, Colorado Governor Bill Ritter granted a full and unconditional posthumous pardon to Joe Arridy, who had been convicted and executed as an accomplice to a murder that occurred in 1936. The pardon came 72 years after Arridy’s execution and was the first such pardon in Colorado history.
A press release from the governor's office stated, "[A]n overwhelming body of evidence indicates the 23-year-old Arridy was innocent, including false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else." The governor also pointed to Arridy's intellectual disabilities.
He had an IQ of 46 and functioned like a toddler. The governor said, “Granting a posthumous pardon is an extraordinary remedy. But the tragic conviction of Mr. Arridy and his subsequent execution on Jan. 6, 1939, merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed, and his severe mental disability at the time of his trial and execution.
Pardoning Mr. Arridy cannot undo this tragic event in Colorado history. It is in the interests of justice and simple decency, however, to restore his good name.”[9]

_______
******

Lock the mass murderers up in supermax prisons.
Supervise them totally...they cannot murder anyone.

From the 30's? Got anything even remotely on point about modern methods and the death penalty?

And I repeat if you can not ever put them to death what stops them from murdering in prison?

You asked for proof, I gave you proof.
I also gave you the solution for stopping mass murderers from killing guards and other inmates in prison.

1930's lol.

And as for your supermax solution, bleeding heart libs such as yourself are also against those, due to the cruel nature of isolation.

Here is a solution, how about you store and hold these wonderful people on death row for the next 70 years or so?

 

[martybegan]

Attacking your family?

Yes, you deny it?

I most certainly do!

What if...Holmes were one of your children?
Would you want them execution-homicided by the State?

If any member of my family blasted a movie theatre full of unarmed people they could fry for all i care.

The DP is reserved for the most heinous of crimes, and this fits the bill.