Sanity
exam of accused Colorado theater gunman can be filmed: judge
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[July 25, 2014]
By Keith Coffman
DENVER (Reuters) - A second psychiatric
examination of accused Colorado theater gunman James Holmes, who says he
was insane when he shot dead 12 moviegoers two years ago, can be
recorded on video, a judge overseeing the case ruled on Thursday.
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Holmes is charged with multiple counts of first-degree murder and
attempted murder for opening fire inside a cinema in the Denver
suburb of Aurora during a midnight viewing of the Batman film “The
Dark Knight Rises” in July 2012.
The shooting rampage killed 12 people and wounded 70 others, and
prosecutors have said they will seek the death penalty for the
26-year-old California native if he is convicted.
Holmes has entered an insanity plea in the case and last year
underwent a sanity examination.
Arapahoe County District Court Judge Carlos Samour ordered a second
evaluation in February, siding with prosecutors who said the initial
evaluation, whose results have not been made public, was “incomplete
and inadequate.”
![](http://archives.lincolndailynews.com/2014/Jul/25/images/ads/current/businesscardlookat.png) On Thursday, Samour rejected a motion by lawyers for Holmes that
filming the second evaluation could violate his right against
self-incrimination.
In a motion seeking to bar the videotaping of the new examination,
defense lawyers said that “nonverbal communications are testimonial
acts,” and recording them could be used against their client.
But Samour rejected that argument, noting that under Colorado law, a
defendant waives the right against self-incrimination after invoking
an insanity defense.
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In a hearing on the issue this week, an unidentified psychiatrist
who is conducting the evaluation testified by telephone that
recording the examination on video reduces the chance for errors.
Additionally, the evaluator said in a letter to the judge that
Holmes has already been monitored by surveillance cameras 24 hours a
day, seven days a week since his arrest. Jury selection for the
murder trial is set to begin on Dec. 8.
(Reporting by Keith Coffman; Editing by Cynthia Johnston and Eric
Beech)
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