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14 People Shot Dead at Dark Knight Rises Theatre in Denver


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Through his lawyers James Holmes offers to plead guilty to avoid death penalty.

Lawyers for Colorado theatre shooting suspect James Holmes said Wednesday he would plead guilty and serve the rest of his life in prison to avoid the death penalty for the attack that killed 12 people and injured 7.

The offer comes just days before the prosecution was set to announce whether they would seek to have Holmes put to death.

Prosecutors wouldn't say Wednesday whether they'd go along with a plea deal, and likely will consult with victims and their families before deciding whether to accept the offer.

If they agree, the case that started July 20 — when prosecutors say Holmes carried out the midnight massacre during a showing of the new Batman movie — could end quickly. In the filing, defence attorneys say the only thing that would hinder Holmes changing his plea on Monday is the prosecution's decision.

In the filing, Holmes' lawyers said they initially made the offer to plead guilty before Holmes' arraignment on March 12. At that hearing, Holmes' attorneys told a judge they weren't ready to enter a plea in the case, and the judge entered a not guilty plea on his behalf.

Defence attorneys also said they're still exploring a mental health defence and "counsel will vigorously present and argue any and all appropriate defences at a trial or sentencing proceeding, as necessary.
"

Prosecutors say Holmes planned the assault for months, casing the theatre complex in Aurora, amassing a small arsenal and rigging potentially deadly booby-traps in his apartment.

Then he donned a police-style helmet and body armour, tossed a gas canister into the theatre crowd and opened fire, prosecutors said.

Nearly eight months later, the defence has dropped hints about Holmes' mental state but has given no clear statement on whether he would plead insanity.

Holmes, a former graduate student at the University of Colorado, Denver, had seen a psychiatrist at the school before the shootings.

Last week, his lawyers revealed that he was taken to a hospital psychiatric ward in November because he was considered a threat to himself. Holmes was held there for several days and spent much of the time in restraints.

The judge scheduled the trial to start Aug. 5, setting aside four weeks.

http://www.vancouver...l#ixzz2OmUrgnYe

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Colorado prosecutors reject the plea deal and confirm that they will be seeking the death penalty.

Prosecutors on Monday said they will seek the death penalty against the man accused in last year's movie theatre attack that killed 12, wounded 70 and spurred new gun control laws in Colorado.

The much-anticipated disclosure came in a court hearing held four days after prosecutors publicly rejected an offer by James Holmes' attorneys that the former neuroscience graduate student would plead guilty to avoid execution.

Prosecutors had said the defence proposal wasn't a valid plea bargain offer, although they could still agree to a plea before the case goes to trial.

Holmes' attorneys are expected to argue he is not guilty because he was legally insane at the time of the July 20 shooting. They balked at entering that plea last month, saying they couldn't make such a move until prosecutors made a formal decision on the death penalty.

Investigators say Holmes methodically stockpiled weapons and ammunition for his assault on a packed midnight screening of "The Dark Knight Rises," and booby-trapped his apartment to explode and distract any police who responded.

The massacre was repeatedly cited by gun control advocates who pushed a hotly contested package through the Colorado state Legislature last month. The bills include a ban on the sort of high-capacity magazines that Holmes allegedly used to spray the theatre with dozens of bullets in a matter of seconds.

President Obama is scheduled to visit Denver on Wednesday to highlight the legislation as part of his push for more gun control following December's Sandy Hook Elementary School massacre.

As the tangled case against Holmes returns to court, survivors and families of the victims are uncertain about what happens next.

If the case goes to trial, "all of us victims would be dragged along potentially for years," said Pierce O'Farrill, who was shot three times.

"It could be 10 or 15 years before he's executed. I would be in my 40s and I'm planning to have a family, and the thought of having to look back and reliving everything at that point in my life, it would be difficult," he said.

Defence lawyers revealed in a court filing last week that Holmes would plead guilty if prosecutors allowed him to live out his days in prison with no chance of parole instead of having him put to death.

That prompted an angry response from prosecutors, who called it an attempt to gin up public support for a plea deal.

Prosecutors also said the defence has repeatedly refused to give them the information they need to evaluate the plea agreement.

If prosecutors do accept a deal, they will want to ensure that it's air-tight, said Karen Steinhauser, a former prosecutor who is now an adjunct professor at the University of Denver law school.

Holmes would give up his right to appeal by pleading guilty, she said. And although he could ask to change the plea if new evidence surfaces or if he claimed his lawyers were ineffective, "it's very, very hard to withdraw it," she said.

District Judge William Sylvester would want assurances from defence lawyers that Holmes is mentally competent to plead guilty and accept a life sentence with no parole, Steinhauser said.

The judge could order a mental competency evaluation before accepting a guilty plea, but Steinhauser said that's unlikely unless Holmes showed some sign of incompetence.

She said Sylvester would probably accept the word of Holmes' lawyers.

If Holmes is convicted and sentenced to prison, the state Department of Corrections would determine what kind of mental health care he gets, said Alison Morgan, a department spokeswoman.

A third of the state's inmates have moderate to severe mental illness, and the prison system has an extensive mental health division with a 250-bed facility for the acutely mental ill, she said.

Inmates can be sent to the state mental hospital in Pueblo — where people found not guilty by reason of insanity are committed — but the stay is temporary, and they are returned to the prison system after treatment, she said.

http://www.vancouversun.com/news/Colo+theatre+shooting+suspect+find+execution+possibility/8178174/story.html#ixzz2PEr6YSXA

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