Aurora, CO, mass shooting suspect James Holmes, is considering using an insanity defense in his murder trial based on the fact that Holmes was under psychiatric care prior to the shooting, according to a USA Today report on March 1, 2013.
Holmes entered into a suburban Denver movie theater, during a midnight showing of the Batman movie "The Dark Knight," and Holmes opened fire on innocent movie goers. Holmes shot and killed 12 people and wounded 60 others in a shooting spree on Jul. 12, 2012.
Holmes is using court appointed public defenders in his murder trial. His legal counsel is poised to establish a not guilty plea by reason of insanity. A University of Colorado psychiatrist testified that she treated Holmes before he dropped out of medical school in June, 2012.
Holmes' attorneys are challenging Colorado state laws as it pertains to the insanity plea defense and labeling some of the state laws as unconstitutional.
USA Today reports, "The filings say the laws in which a defendant may waive their right to remain silent and reveal confidential medical information should be unconstitutional in cases involving the possibility of execution. Prosecutors have not yet decided if they will seek the death penalty. Holmes' attorneys said not knowing whether prosecutors will seek the death penalty directly impacts what type of plea."