James Holmes’ attorneys are preparing to argue that he was insane when he burst into a movie theater and shot 70 people, killing twelve, at a midnight screening of the Dark Knight Rises. The insanity defense can be applied to any crime committed, like First Degree Assault (CRS 18-3-202), Second Degree Burglary (CRS 18-4-203), and Cruelty to Animals (CRS 18-9-202). Holmes’ defense attorneys will have to work very hard to prove he was insane because the Colorado statue that defines “insanity (CRS 16-8-101.5)” is so specific. The insanity defense is rarely used successfully in Weld County, Colorado and the cities of Greeley, Milliken, and Evans.
In order successfully prove Holmes not guilty by reason of insanity, his defense attorneys must convince the district attorney that he was “so diseased or defective in mind at the time of the commission of the act” (meaning when he entered the movie theater and began to shoot) that he was not able to differentiate or “distinguish right from wrong.”
When a person pleads “not guilty by reason of insanity” the Weld County court is permitted to evaluate, by whatever standards necessary, a defendant’s mental capacity or state. In cities like Eaton, Erie, Hudson, or Platteville, when someone pleads “not guilty by reason of insanity,” they are transported to the Colorado Mental Health Institute at Pueblo (CMHIP) for evaluation. There, a psychiatrist would not only observe and interview him, but look through comprehensive evidence compiled by the court to determine what his mental state was at the time of the act.
Both the District Attorney and a person’s defense attorney can provide evidence to CMHIP. If an insanity plea is successful, that person is declared “Not Guilty by Reason of Insanity,” and will not go to prison or be convicted of felony or misdemeanor charges. They do not get off “scott free,” however. In exchange for the state acquitting them of any wrong doing, defendants must be monitored and evaluated before being released back to society. That means they are committed to a state mental hospital for an indefinite amount of time so that professional mental health workers can supervise and assess their mental condition until they are diagnosed and properly treated. In the case of a mass murder, this would likely be a life sentence to CMHIP.
If you are accused of a crime and there are elements in your case that could support a “not guilty by reason of insanity” plea, be smart, exercise your right to remain silent and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.