Today James Holmes, the man who is charged with the shootings at a Colorado movie theater in July 2012, returns to court for a closed hearing. This hearing, which will last the entire week, will determine if Holmes should receive a second psychiatric evaluation.
Holmes has pleaded guilty by reason of insanity and underwent a psychiatric evaluation last year. The results were not released to the public. However, the prosecutors feel that the doctor who conducted his first examination was biased and want another evaluation done. Holmes’ lawyers admit that Holmes was the shooter who killed 12 people and injured 70 at the Aurora theater, but feel that he is mentally ill.
If Holmes is found to be mentally insane, he would be committed to the state hospital and would not be executed. However, if he is found to be sane and is convicted, he could receive the death penalty or be imprisoned for life without parole.
After the hearing concludes this week, the judge will determine if Holmes should receive another psychiatric examination. Holmes’ trial was expected to start in February, however, since it deals with the death-penalty and the defendant is pleading insanity, it is a very complex process that requires many hearings so the multiple legal questions can be settled first. These legal questions include what evidence can be introduced in such a case and what rights the defendant gives up by pleading insanity.
The week’s hearings are private as the judge wants to prevent the victims, the public, and the media from influencing potential jurors. However, the hearing on Friday will reportedly be open to the public.
