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August 11, 2012

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Shooting suspect mentally ill, lawyers say

AFTER defense lawyers disclosed their belief that the Colorado theater shooting suspect is mentally ill, victims and their families asked whether that argument will change the trial's focus to him rather than his deadly actions.

"They keep talking about fairness for him," said Shane Medek, whose 23-year-old sister, Micayla Medek, died in the July 20 shootings. "It's like they're babying this dude."

James Holmes is accused of opening fire in a movie theater, killing 12 people and injuring 58. In a hearing on Thursday, his lawyers disclosed their belief that he suffers from a mental illness. Nearly two dozen news organizations asked a judge to unseal case documents. Defense attorney Daniel King argued that the seal and a sweeping gag order ensure fairness.

Analysts expect the case to be dominated by arguments over Holmes' sanity, and the defense's revelation was the strongest confirmation so far that mental illness will be a key issue. A court document previously revealed that Holmes was seeing a school psychiatrist for unknown reasons.

Holmes, a 24-year-old former PhD student at the University of Colorado, Denver, sat during the hearing with the dazed demeanor that he had in two previous court appearances.

"It doesn't give him the right to do what he did," said Chris Townsond, who attended the hearing with a wounded victim. "I don't care how mentally damaged he is."

King said Holmes sought out university psychiatrist Lynne Fenton for help weeks before the shooting.

Holmes' lawyers could argue he is not mentally competent to stand trial. It was the argument used for Jared Loughner, who pleaded guilty this week to a 2011 shooting in Arizona that killed six people and wounded 13 others, including then-Representative Gabrielle Giffords.

If Holmes goes to trial and is convicted, attorneys can try to avoid a possible death penalty by arguing he is mentally ill. Prosecutors haven't decided whether to seek death.

Aurora officials have cited the gag order in declining to speak about the city's response to the shootings, and even prosecution's arguments on the order is under seal.

Gregory Moore, editor of The Denver Post, said news organizations are trying to perform their watchdog role by making sure the investigation is conducted fairly.

The judge said he would rule on the matter by Monday. He did not say when he would respond to the request to unseal the court documents.






 

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