James Holmes offers guilty plea to avoid death penalty

[Blue_Tires]

Source: USA Today

Attorneys for Denver-area theater shooting suspect James Holmes have offered to have him plead guilty and be jailed for life to avoid the death penalty, KUSA-TV is reporting.

The prosecution has not yet responded to the offer, which came in a court filing Wednesday.

"Mr. Holmes is currently willing to resolve the case to bring the proceedings to a speedy and definite conclusion," the filing reads.

The defense team said the case could end Monday if the Arapahoe County district attorney accepts the deal. Prosecutors planned to announce Monday whether they would seek the death penalty.

Holmes, 25, is charged with first-degree murder for the July 20 rampage that killed 12 moviegoers and wounded nearly 60 others at the premiere of the latest Batman film at a multiplex in Aurora.

On March 12, a judge entered a not guilty plea on Holmes' behalf but said Holmes could enter a plea of not guilty by reason of insanity later.

Trial is set for Aug. 5.

Read more: http://www.usatoday.com/story/news/nation/2013/03/27/colorado-theater-killings-guilty-plea-offer/2025809/

[slackmaster]

1. Would this avoid a full trial? I'm not familiar with Colorado law.

TIA.

[Blue_Tires]

3. It's up to the prosecution to accept, or they can reject and go for the DP

https://www.documentcloud.org/documents/628092-holmesmotion.html


http://www.denverpost.com/breakingnews/ci_22883657/aurora-theater-shooting-suspect-james-holmes-may-plead

[SharonAnn]

2. So he was willing to inflict death but doesn't want to receive it?

[Peter cotton]

4. No deal. Give him a fair trial then kill him.

Were it up to me...

[xtraxritical]

21. It's better for the relatives of the victims, and better for the taxpayers if he just pleads

guilty. Myself, I would prefer a quick death to life in solitary confinement. He'll have to be put in solitary because he won't last a night in general population, and the 'mates will surly get him anyway. Give him life and it's a sure death sentence for him. Guilty with life is best for all concerned.

[arely staircase]

5. this seemed to me the inevitable outcome

what does his lawyer have to work with to keep him from getting the dp in a jury or bench trial? If he managed to avoid a conviction based on an insanity defense, he would avoid the dp - but be locked up in a psych institution the rest of his life. so why take the chance? after a likely conviction, there would have been the ultimate parade of horrors in the sentencing phase - which would have led him straight to death row.

[Blue_Tires]

7. well even before being arraigned Homes tried to "settle" for life with no parole

and it was rejected...

[arely staircase]

9. i can understand them not jumping at this notorious person's first offer

but if life without parole is real in Colorado, he will never walk the streets again. and the families won't have to go through the excruciating trial. Justice served, money saved, further emotional trauma avoided.

[Ash_F]

6. Is he even lucid at this point? /nt

[HereSince1628]

8. Is there any reason to think that he is not lucid?

[Ash_F]

10. Well, for one thing a judge plead not guilty for him on his behalf.

That's not common.

That was serious question for people who might know more about the case then me at this point. Don't be a smartass.

[HereSince1628]

12. Why assume I'm a smart ass? You do yourself a disservice

[Ash_F]

13. Then I guess you just didn't read the article before posting.

It's ok, not many DUers do.

[alp227]

11. On one hand I am against the death penalty.

But I think Holmes is being a pig right here.

[Comrade Grumpy]

14. Prosecutors should accept this plea offer.

The dead are dead and are not coming back no matter what the verdict.

This would keep Holmes behind bars for life and save Colorado taxpayers hundred of thousands, if not millions, of dollars.

[xtraxritical]

22. It also keeps the relatives of the victims from reliving the horror and

even in protective custody the inmates will find away to get to him. Way to go.

[joshcryer]

23. Colorado is practically a death penality abolitionist state.

However, it's still possible, it just hasn't been done in almost 20 years. I suspect Coloradans would want to see Holmes be executed, however. It'd be a shame if Colorado let him be the reason for the end in the near two decade gap between executions, though.

[iandhr]

15. I am against the death penalty

But I would not loose sleep over Holmes.

[Third Doctor]

16. The fucking coward.

First he surrenders to people that are armed and can actually kill him after murdering unarmed people and now he does not want to face death. I usually oppose the death penalty but I may reconsider for this guy.

[dballance]

17. Take the Plea. It's Pretty Well Known it Costs More to Give Someone the DP than Life w/o Parole

They get housed in a more expensive unit of jails. Then there are automatic appeals in some cases that have to be fought no matter whether or not the defendant and his attorney wish to. In some cases I don't believe these can be waived but I'm not sure. Anyone who knows CO law and CO DP law feel free to chime in and correct me with actual facts (but nicely please). These court proceedings cost the state as well as the defendant.

Yes, I'm basing my opinion on cost-benefit.

Of course, it can't be pleasant to be locked up until you die of old age. At this guy's young age that might be viewed as a fate worse than death. I, personally, would view it as a fate worse than death. It's not like he can expect some future governor or president to pardon him or commute his sentence. He's not going to get out with testing of new DNA evidence that proves he didn't do it (the way some wrongfully convicted people are). He killed multiple people. No politician will ever touch that.

Even if some enterprising lawyer comes up with alleged technical reasons he should be freed I sincerely doubt any court will grant a hearing on them. They'll find their own technical reason why they shouldn't hear them.

The plea seems like the least offensive option to me.

[Tender to the Bone]

18. In the case of Nathan Dunlap, the entire process was reviewed,

and there is agreement that it is extremely costly.

http://www.deathpenaltyinfo.org/new-voices-colorado-district-attorney-says-death-penalty-costly-time-consuming-and-unfair

http://www.deathpenaltyinfo.org/studies-colorados-death-penalty-rarely-applied-and-arbitrary

http://www.deathpenaltyinfo.org/angolite-tells-story-wrongful-execution-colorado

Hope that information helps.

[struggle4progress]

19. He's obviously mentally ill

[Douglas Carpenter]

24. obvious to everyone. But even many liberals have thrown away rational behavioral science for

emotional reaction - It is common sense that no one- absolutely no one makes a conscious choice to become that twisted. But even liberals don't want to reason things like this through anymore. The abandonment of reason is not limited just to right-wing circles, so it seems

[Seeking Serenity]

20. Take the deal.

Put him behind bars. Have done with it.

[Samurai_Writer]

25. It's either take the deal or be found NGRI, most likely

NGRI=not guilty by reason of insanity. If he was found NGRI, he'd be coming to CMHIP -- where I work. Let him take the deal and stay in prison (probably SuperMax in Canon City) for the rest of his life. Cheaper for the tax payers than the death penalty, and the families will have closure on this tragedy. And honestly, I don't want him at my hospital.

[LisaL]

26. Why would he be found NGRI?

Being mentally ill does not equal legally insane.

[Samurai_Writer]

27. Mentally ill might not 'equal' legally insane

But every patient I have on my unit who has been found NGRI is severely mentally ill. A defendant has to have the capacity to understand that what he has done is wrong... most severely mentally ill people do not have that capacity.

[LisaL]

28. I have no idea as to what makes you think he didn't know right from wrong.

There was a lot of planning involved.

[Samurai_Writer]

29. Planning doesn't equal knowing right from wrong

I have patients who planned their crimes down to the last detail... because their voices told them to do it. All I'm saying is, from what I have seen and read about this guy, he is very much like some of the patients I have seen who have been found NGRI.

[LisaL]

30. While I don't believe for one second he is legally insane.

I do think prosecution should take the deal. This way there is no chance he is found NGRI and gets out one day.

[Samurai_Writer]

31. Even if found NGRI, he would never get out

People think that if a person is found NGRI, that they stay in the hospital a couple of years, then the doctors just let them walk out the door, 'cured'. That is the furthest thing from the reality of it. I would say 99% of NGRI patients never leave the state hospital (well, until they die, then they can leave).

[LisaL]

32. I've seen it happen one too many times to believe that.

[Ash_F]

36. Can you cite even one case?

I've never heard of it. Not even for a single murder, though maybe it has happened. I certainly doubt it has happened in the case of any mass shootings. Though I have not heard of anyone being found NGRI for a mass shooting either.

[Blue_Tires]

35. I'm pretty sure they could get an easy conviction without the deal

NGRI is a very tall legal hurdle, and I've never known it to be successful in mass shootings with this much premeditation...

[Festivito]

33. One condition: He submits to psychiatrists for study.

Other than that, his life should be in forfeit.

[Justice]

38. Brilliant idea - it might help us figure how why

[Kalidurga]

34. He doesn't want to die fine.

Personally I don't think I would want to live 40 or more years in a high security prison. But, if that is what he wants I think he should get it. He might think it's all fun and games now because he still has a lot of media attention and a lawyer. But, eventually it will all go away. If he gets life his lawyer is gone. The media will be tired of him about 5 minutes from now. His family if they are visiting him now may grow tired of that, I sure would, I would start finding things to do and not be able to make visitation. He will likely spend a lot of time in solitary. If he goes to general he will have to deal with a lot of inmates that will very likely be hostile. The guards might be worse. It won't be fun in any case, he will likely never have a friend.

[bubbayugga]

37. Not killing him is a mistake. Lack of consequences will just encourage others to do the same thing

[Arkana]

39. The death penalty would be too good for this guy.

You can only kill him once.

Let him rot in solitary confinement in a SuperMAX for the rest of his life--no visitors, no phone calls, no anything. Isolation from all of society is the worst thing we could possibly do to him.

[Tommy_Carcetti]

40. I understand and sympathize that the victims want a trial for the purpose of justice....

...but I see no purpose on putting a clearly mentally ill person on trial simply so that he can get the death penalty and the state gets its pound of flesh.

Take the deal, keep him alive, let him rot away in jail for the rest of his life, and have him serve as a reminder of what "legal" gun owners can do with their weapons.

No one's coming back to life just because the state sticks a needle in his arm. "Justice" can never be served that way.