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Sunday, March 17, 2013

James Holmes' Attorneys: Colorado Insanity Pleas Are Unconstitutional

By Dan Elliott
The Associated Press
Originally published March 6, 2013

Prosecutors in the deadly Colorado movie theater shooting are disputing defense arguments that the state law on insanity pleas is unconstitutional.

In court documents made public Wednesday, prosecutors said the statute has been upheld in other cases, and that judges have ways to protect defendants' rights.

Lawyers for suspect James Holmes filed motions last week asking the judge in the case to declare the law unconstitutional because it would require Holmes' attorneys to give prosecutors potentially incriminating information, such as mental health records, if he pleads not guilty by reason of insanity.

The defense said that violates Holmes' rights, including Fifth Amendment protections against self-incrimination. They said defendants who simply plead not guilty are not required to turn over such information.

The entire story is here.