Holmes prosecutors: Laws are clear, constitutional

May 15, 2013 @ 1:30 pm

AP: 509c9f39-bca3-4c25-baf2-e20f3da654c2
This photo provided by the University of Colorado shows James Holmes. University spokeswoman Jacque Montgomery says 24-year- old Holmes, who police say is the suspect in a mass shooting at a Colorado movie theater, was studying neuroscience in a Ph.D. program at the University of Colorado-Denver graduate school. Holmes is suspected of shooting into a crowd at a movie theater killing at least 12 people and injuring dozens more, authorities said. (AP Photo/University of Colorado) | Zoom
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CENTENNIAL, Colo. (AP) - Prosecutors in the Colorado theater shootings say laws on insanity and the death penalty are constitutional and don't need any of the explanations requested by the defense.

Attorneys for the state filed their response Wednesday to motions by James Holmes' lawyers saying the laws are vague. The defense also argues the laws violate Holmes' rights by possibly barring him from calling witnesses to testify about his mental health during the trial's penalty phase.

Holmes is charged with killing 12 at a movie theater in July. Prosecutors are seeking the death penalty.

A judge entered a standard not guilty plea on Holmes' behalf. He wants to change that to not guilty by reason of insanity.

The judge must approve the change after ruling on defense objections to the laws.


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
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Comments (141)


  • Add A Comment

  • Rick (4) wrote...
    Name of suspect
    July 20, 2012 5:31 am
    The suspect, identified by federal law enforcement officials as James Holmes, 24, is in police custody.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Xanadu2012 wrote...
    More on James Holmes
    July 20, 2012 5:45 am
    Holmes has reportedly been a member of the National Rifle Association since 2002.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • ron prevost wrote...
    and, Xanadu ???????
    July 20, 2012 5:49 am
    the Democratic party has no membership requirements either. Nor the ACLU.

    Nuts can join just about anything - and it means nothing

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Seattle is a cesspool wrote...
    Awe jumping on the hate NRA/repub bus right off the bat...
    July 20, 2012 6:44 am
    The wimps on this website and radio station are staggering. Xanadu2012 is obviously a moron so no more needs to be said about him. BILL RADKE is the one that needs to be removed from the radio. Am I the only one who heard his back door rant this morning about the shooter? I just about fell out of the drivers seat.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Caravanman wrote...
    Can you be a member of the NRA
    July 20, 2012 6:37 am
    At 14?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Cougsfan34 wrote...
    Yeah
    July 20, 2012 10:27 am
    You can get a family membership. Like my dad did for me back in the 90s
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    yes
    July 20, 2012 9:13 pm
    You can Caravanman, I signed up all my nephews and neices
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Rick (4) wrote...
    Sorry but you have the wrong James Holmes
    July 20, 2012 10:41 am
    The James Holmes that is a member of the NRA is NOT the person that did the shooting. This was just bad reporting by the press again.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    So Xanadui
    July 20, 2012 9:12 pm
    All of us NRA members are mass murderers?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Newton wrote...
    Maniac Or CIA Plant. Check his Background.
    July 20, 2012 6:39 pm
    Because He is a Plant. Devised to take away the second amendment. Just like Oswalt was the lone gunman only to find out latter that the mob, Jack Ruby and the CIA where working together. The Only way to stay free is to own a Gun Join the NRA. A gun owner would of taken this guy out right quick. So Arm yourselfs. So you can protect yourselfs and Others.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CH wrote...
    Time to look at Hollywood? . . . .
    July 20, 2012 5:47 am
    what happen to family movies?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • duh wrote...
    I hope
    July 20, 2012 5:48 am
    that every liberal in that theatre is ashamed of themselves for not practicing their second ammendment rights. Aurora is one of the most liberal smug hoity toity places I have ever been. Its time for people to start taking resposibility for not only their own safety, but also that of those around them who are too young to do so. If I had been in that theatre the reprobate would have had a red dot on his chest in less than three seconds.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • BikeNazi wrote...
    Was he a Christian?
    July 20, 2012 6:20 am
    I bet he was Christian. And a terrorist. These are Al Qaeda and Hezbollah tactics. He's a Christian terrorist.

    Oh, and Duh, licensed concealed weapon carriers ALWAYS fail when their time to shine comes. Don't think there weren't any other guns in that theater. You would crap you pants and run crying like everyone else.

    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Seattle is a cesspool wrote...
    Awe BikeNazi... A real man as can be seen by your post...
    July 20, 2012 6:46 am
    Not all of us a prepubescent pickle dicks who tuck our tail and cover our heads. My years in the military, and many others on this site prove that point.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    No, Bikeerwannabenazi
    July 20, 2012 9:16 pm
    Some of us have and will again stand up when the time has come. You seem to speak from experience the feeling of pee running down your leg.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    Why was there not
    July 20, 2012 9:14 pm
    one person in that theater with a licensed .45 on their person that would have stopped this?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • rational wrote...
    Ghouls...
    July 20, 2012 6:00 am
    And how long before the liberal ghouls start to feed on the dead flesh and use it as a tool to try to remove our constitutional rights and call for gun control?
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • bora wrote...
    Gunman wants to make a real dark night
    July 20, 2012 6:10 am
    and he accomplished.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Rick1 wrote...
    more assualt rifles more assualt rifles more assualt rifles more assualt rifles
    July 20, 2012 6:16 am
    look... we all have a right to own arms. BUT>>>> where does it say we all have the the right to own a chinese made rapid fire assualt rifle that can rip up a movie theatre? When you can buy assualt rifles at every sporting goods store in america, don't you think eventually a lunatic will get one? Lets start making grenades legal too... its our right!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Caravanman wrote...
    rick1
    July 20, 2012 6:41 am
    Good point! You can defend yourself with a normal gun, and since when did you need to fire off 100 rounds a muinute while hunting deer? Those who wrote the ammendment didn't know anything about machine guns and I do not believe they would approve!
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • circuitfr wrote...
    Caravanman
    July 20, 2012 7:00 am
    All indications do not say he fired 100 rounds, so stop acting like "bad assault rifles" Second, if you don't think you can't take a .22 rifle (smallest caliber) or heck, a .22 pistol into a packed theater and not kill anyone, your crazy. I person with a 10-22 could do just as much damage. Same with a small handgun. You don't get it. Restricting the type of guns is not going to solve shootings. This is nothing less than the decline of the family. It always has been, always will. We come up with all these clever ways to "solve" problems, while turning a blind eye to single parents, crappy parents, welfare parents, drug cultures, etc..etc... and say it's ok, yet when our kids are turning out to be lunatics, we scratch our head and say it must be the guns? The average "normal" parent today thinks it's ok for their 5 year old to play mature shooting games, they let them watch southpark, they know more cuss words at 8 than I knew at 18. Our society says, hey you prude, shut the f and k up, I can do whatever I want. This shooters own mother said "yup, you got the right person" She sounds like a real winner.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Rick1 wrote...
    he hit at least 72 people...
    July 20, 2012 7:03 pm
    clearly he fired off a boat load of ammo? I'm just saying if he had to use a hunting rifle, a few more kids...thats right innocent kids would be alive today.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    circuitfr
    July 20, 2012 9:20 pm
    your exactly correct.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • CldWtrSrf wrote...
    You guys are idiot...
    July 20, 2012 9:18 am
    The 2nd Amendment has NEVER been about hunting tools. It's about being able to protect yourself from a government bent on TYRANNY. Go read some books you putzes.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Rick1 wrote...
    to the war against government tyranny
    July 20, 2012 7:05 pm
    have you seen the government weaponry? Small arms fire doesnt stand a chance against heavy weaponry, so I guess the argument we need AK47s just in case Obama goes nutz and tries to put marshall law on america is out...
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    You have no idea
    July 20, 2012 9:19 pm
    what they would approve Caravan, only people in your world use AR15's to hunt deer,which shows how much you know about firearms.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • rational wrote...
    Rick1
    July 20, 2012 6:10 pm
    You answered my question as to how long before someone will try to use the deaths to promote their anti-gun agenda...turns out, 16 minutes. Nice job ghoul.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • RonJ wrote...
    Rick your a moron
    July 20, 2012 9:18 pm
    Lets make it illegal to purchase fertilizer and diesel fuel, too
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • tuleman003 wrote...
    This was obviously
    July 20, 2012 6:29 am
    a cry for help. It'll most likely turn out that somebody thought this might happen, but didn't think to take the wacko's guns and ammunition away from him.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Caravanman wrote...
    Shocking!
    July 20, 2012 6:38 am
    I know it happens all the time, but it is still shocking! Thoughts and prayers to those affected by this moron.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • Steve Dallas wrote...
    A Poem????
    July 20, 2012 6:59 am
    So, I tune in to what used to be a news station to find out more details on the shooting on my way to work. Instead, I get a totally inappropriate poem. Seriously, who is in charge of this network???? A poem?? KIRO...I no longer consider you a news station and will get my news elsewhere.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • anotherfencewalker wrote...
    Unbelievable!!
    July 20, 2012 7:07 am
    These posts are simply unbelievable. 12 dead people and it goes back to the red vs blue debate. Chrissakes.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • circuitfr wrote...
    anotherfencewalker
    July 20, 2012 7:13 am
    If you notice on ALL blogs including this one, the first several posts of from liberals saying he must be a christian right wing, tea partier. There are newscasts saying, maybe he is a tea party person. It's just disgusting. This is not red vs blue, this is just a response to all the liberals out there who start spewing their hate two seconds into this. The calls for gun control by the media starting 5 minutes after the shooting....brought to you by the lovely MSM.
    { "Thumbs Up":"1","Thumbs Down":"-1" }
  • { "Thumbs Up":"1","Thumbs Down":"-1" }