Insanity Defense

The Supreme Court refused this week to review the murder conviction of an Idaho man who was prevented by state law from offering an insanity defense. The court's abdication of its responsibility encourages other states to dismantle a central principle of Anglo-American law: that a defendant should not be held criminally responsible when mental illness makes it impossible for him to tell right from wrong. Contrary to what viewers of television courtroom dramas may believe, a plea of not guilty by reason of insanity is seldom asserted and usually unsuccessful.

CENTENNIAL, Colo. -- The judge in the Aurora movie theater massacre case paved the way Monday for James E. Holmes to plead not guilty by reason of insanity but did not formally accept that plea, delaying that decision until later this month. Judge Carlos Samour Jr. of Colorado's 18th Judicial District, ruled that the defense had made its case that the plea should be changed from a traditional not guilty plea to an insanity plea. He said his decision was “consistent with fairness and justice” for Holmes.

It seems extraordinarily ridiculous to me that the insanity defense can be used with great effect in cases where the insanity of the defendant is questionable, but it can't be used in cases where the insanity of the defendant is almost obvious. That seems to be the case in the Unabomber trial (Jan. 6), and it makes one question the worth of our legal system. RAY YANG Los Angeles

CENTENNIAL, Colo. -- James E. Holmes, accused of carrying out the Aurora movie theater massacre that killed 12 and injured 70 last summer, is expected to plead not guilty by reason of insanity in court Monday, his defense lawyers have said in a court filing. The plea has long been anticipated as Holmes' lawyers have repeatedly described him as “severely mentally ill.” The expected plea is Holmes' best hope of avoiding a possible death penalty in the rampage.  By law, Holmes cannot be put to death if he is deemed insane or suffering a mental defect.

CENTENNIAL, Colo. -- James E. Holmes, accused of carrying out the Aurora movie theater massacre that killed 12 and injured 70 last summer, is expected to plead not guilty by reason of insanity in court Monday, his defense lawyers have said in a court filing. The plea has long been anticipated as Holmes' lawyers have repeatedly described him as “severely mentally ill.” The expected plea is Holmes' best hope of avoiding a possible death penalty in the rampage.  By law, Holmes cannot be put to death if he is deemed insane or suffering a mental defect.

WASHINGTON -- The Supreme Court has let stand the murder conviction of a paranoid and delusional Idaho man who was denied the opportunity to mount an insanity defense. Three justices dissented, arguing that the court should incorporate the long-standing insanity defense into the Constitution. Shortly after John Hinckley Jr. was acquitted of the attempted assassination of President Reagan by reason of insanity in 1982, Idaho and three other states abolished the insanity defense from their criminal laws.

Alan M. Dershowitz, former "Dream Team" member and staunch defender of O.J. Simpson, writing about the John DuPont case ("Is Insanity a Sellable Defense?" Commentary, Feb. 2), is shocked to discover that the authorities deal leniently with rich and famous people accused of misbehavior--particularly spousal abuse. He also seems outraged by defense attorneys who, having no case, resort to putting "the police on trial, much as the O.J. Simpson defense team put officers Mark Fuhrman and Philip Vannatter on trial."

A former Westminster police detective may face life in prison after a San Bernardino County jury Tuesday rejected his defense that he was in an antidepressant-induced blackout, and legally insane, when he kidnapped and raped a waitress. Anthony Orban testified that he had no memory of the 2010 attack and blamed his psychotic break on a powerful dose of the popular antidepressant Zoloft, which he said had triggered hallucinations and suicidal and homicidal fantasies in the days before the abduction.

A day after Scott Dekraai was charged with killing his ex-wife and seven others in a shooting rampage at a Seal Beach beauty salon, friends and mourners reacted with frustration and anger to the suggestion by prosecutors that the defendant could mount an insanity defense. "No matter how mental you are, you should not be killing people," said Nighat Afreen, 55, of La Mirada, a onetime customer of Salon Meritage who stopped by Saturday to leave flowers and candles for her former stylists.

The attorney for Norwegian terrorism suspect Anders Behring Breivik described his client Tuesday as emotionally cold, probably insane and hopped up on drugs during the twin attacks last week that killed at least 76 people. The comments offered the first glimpse into a possible legal defense strategy in what is expected to be Norway's most explosive criminal trial since the prosecution of accused Nazi collaborators after World War II. Geir Lippestad, a public defender who was handpicked by Breivik, also said the 32-year-old extremist — now held in solitary confinement — is unsure how many people he killed and expressed surprise that Norwegian police took so long to stop his attack.

CENTENNIAL, Colo. - Defense attorneys for accused movie theater gunman James E. Holmes renewed their objections Monday to the constitutionality of the state's insanity defense, giving another hint about how they hope to save their client's life. Holmes is accused of opening fire in a packed Aurora theater on July 20, killing 12 people and wounding 70 others. He is charged with 166 counts of first-degree murder, attempted murder and weapons charges. Dist. Atty. George Brauchler announced April 1 that his office would seek the death penalty.

CENTENNIAL, Colo. -- The prosecution in the Colorado theater massacre case will seek the death penalty against accused shooter James E. Holmes, rejecting for the time being an attempt by the defense to have him plead guilty and spend the rest of his life in prison. At a hearing Monday before Chief Judge William Sylvester, the prosecution announced its decision to seek the death penalty. "In this case for James Eagan Holmes, justice is death," a grim Arapahoe County Dist. Atty.

CENTENNIAL, Colo. -- Defense attorneys for James E. Holmes, accused in the Aurora movie theater shooting, have offered a guilty plea and life in prison without parole if prosecutors do not seek the death penalty against him, according to court documents filed Wednesday. The filing comes just days before the April 1 deadline newly elected Dist. Atty. George Brauchler of the 18th Judicial District gave for his decision on whether he will seek the death penalty against Holmes. The defense said in its court document that the standing offer to prosecutors has been in place for weeks.

CENTENNIAL, Colo. - James E. Holmes, accused of unleashing the Aurora movie theater massacre in July, has offered to plead guilty to killing 12 people and injuring 70 if prosecutors do not seek the death penalty. In an unusual court filing, defense lawyers revealed Wednesday that they had made the standing offer weeks ago for Holmes to serve life in prison without possibility of parole for the July 20 mass shooting. So far the prosecution has declined the offer, the document said.

CENTENNIAL, Colo. - James E. Holmes, the man accused of unleashing the movie theater massacre seven months ago in Aurora, Colo., is expected to enter a plea on Tuesday. Holmes, 25, will be arraigned at 9 a.m. in a case involving a crime that has transfixed and horrified the nation in its viciousness. The former neuroscience doctoral student at the University of Colorado-Denver is accused of opening fire in a packed movie theater on July 20, killing 12 and wounding about 70. He is charged with 166 counts and could face the death penalty.

CENTENNIAL, Colo. - The judge presiding over the Aurora movie theater shooting, appearing impatient at the pace of the proceedings, entered a not guilty plea on behalf of suspect James E. Holmes on Tuesday and set a trial date for Aug 5. Also, George Brauchler, the newly elected district attorney for Colorado's 18th Judicial District, said in court that he would announce April 1 whether he would seek the death penalty for Holmes. When public defender Daniel King asked to postpone the arraignment because the defense team, citing the complexity of the case, was not ready to enter a plea, a sigh could be heard from the courtroom gallery filled with dozens of victims and their family members.

One day after she was convicted of killing her three young boys, Socorro Caro dropped her bid to be found legally insane. The surprise decision Tuesday means that Caro has abandoned any possibility of being sent to a state mental hospital rather than prison. Instead, the 44-year-old Santa Rosa Valley woman will face either the death penalty or a life sentence without parole. Accused of shooting her children as they slept, Caro was found guilty of three counts of first-degree murder.

CENTENNIAL, Colo. -- The judge in the Aurora movie massacre case has rejected a defense argument that Colorado laws on insanity pleas are unconstitutional, clearing the way for the long-awaited arraignment of James E. Holmes next week. Holmes, 25, was arrested without resistance minutes after he allegedly opened fire July 20 inside a packed theater during the showing of “The Dark Knight Rises.” Twelve people were killed and 70 were wounded in a crime that horrified the nation and is now invoked by both sides in the ongoing gun control debate.  Holmes has been held in isolation without bond and has not yet entered a plea.

CENTENNIAL, Colo. - As James E. Holmes' preliminary hearing continues Wednesday, prosecutors are expected to keep filling in the details of their case in the Aurora movie theater massacre that left 12 dead and as many as 70 wounded. The hearing will determine whether enough evidence exists to try the suspected gunman. In the first two days of testimony, the prosecution methodically described the chaos and carnage inside Century 16's Theater 9 in Aurora, Colo., on July 20, as well as the events leading up to the rampage and officers' desperate efforts to save lives.