The Ottumwa Courier

AP National

November 21, 2013

Theater shooting trial postponed over sanity issue

CENTENNIAL, Colo. (AP) — The judge in the Colorado theater shootings case on Thursday indefinitely postponed the trial of James Holmes so attorneys can argue whether he should undergo further psychiatric evaluation.

Holmes' trial on murder and attempted-murder charges was scheduled to begin with jury selection in February.

Holmes, 25, pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 during a packed midnight showing of a Batman film at a suburban Denver theater in July 2012.

Prosecutors are seeking the death penalty.

Holmes underwent a mandatory sanity evaluation at the state hospital last summer. The results haven't been made public, but prosecutors said Thursday they want a review of one of three conclusions. They did not elaborate.

Both sides are barred from speaking about the case outside court.

Karen Steinhauser, a former federal prosecutor now in private practice, said most court-ordered sanity evaluations look at three areas: whether the defendant is mentally competent to stand trial, has an impaired mental condition or mental illness, and was insane at the time of the crime.

Colorado law defines insanity as the inability to tell right from wrong, so a defendant could have a mental illness but still be legally sane.

Steinhauser, who is not involved in the Holmes case, said the prosecution's request for further evaluation might indicate that Holmes was found sane but with an impaired mental condition. If that were the case, it could be difficult for prosecutors to convince a jury to convict him of murder and sentence him to death because of the difficulty in making the distinction between mental illness and insanity.

Arapahoe County District Judge Carlos A. Samour Jr. ordered both sides to submit written arguments on further psychiatric evaluation and tentatively scheduled hearings for Dec. 17 and 18.

Holmes' attorneys don't dispute that he committed the shootings but said he was "in the throes of a psychotic episode." That makes the sanity evaluations the most important pieces of evidence.

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