Colo. Shooting Judge Won't Overturn Insanity Law

By: Associated Press
By: Associated Press
The judge in the deadly Colorado theater shootings has denied a request by defense lawyers to declare a state law on the insanity plea unconstitutional.

James Holmes in court on Jan. 8 (Credit: KCNC/Bill Robles)

DENVER (AP) -- The judge in the deadly Colorado theater shootings has denied a request by defense lawyers to declare a state law on the insanity plea unconstitutional.

In a ruling released Friday, the judge granted one defense request for a written explanation of the consequences of pleading not guilty by reason of insanity.

Lawyers for suspect James Holmes had argued the insanity law was unconstitutionally vague and violated Holmes' Fifth Amendment protection from self-incrimination.

In his ruling, the judge says appeals courts have already upheld the law. He also says he won't address some questions raised by the defense because they are "dependent on hypothetical facts."

Holmes is charged with killing 12 people and injuring 70 at an Aurora movie theater on July 20. He's scheduled to enter a plea Tuesday.


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