The tragedy in Aurora, Colorado this last Friday leaves a lot of
legal questions unanswered. Everyone wants to know what will happen to
James Holmes, the man accused of killing 12 people and wounding 58
others at a midnight showing of Batman: The Dark Knight Rises.
On Monday Holmes was seen in court for the first time to be read his
rights. Holmes will likely be represented by an assigned public
defender this upcoming Monday when he is expected to be formally
charged.
Onlookers, many of whom are families of the victims, said that Holmes
looked dazed or drugged. He showed up to court unshaven and with
bright orange hair, he did not move or speak. He just sat there as if
not there at all. Many question if this will lead into an insanity
plea? It is almost without doubt that Holmes will plead insanity,
however, an insanity plea is a very difficult defense to win. Holmes’
attorney would have to show that Holmes is incapable of distinguishing
right from wrong and that Holmes does not understand what he is being
charged with. Historically this has been a very difficult criterion to
meet and Holmes will likely not succeed. In Illinois, where there is a
different standard than Colorado, we modeled our law off the Model Penal
Code where the Burden to prove insanity is on Holmes’ attorney. In
Colorado they use a test called the M’Naghten Rule coupled with the
Irresistible Impulse Test so the burden to prove that Holmes is not
insane is on the Colorado. Experts have criticized the Model Penal Code
as being too narrow and the Irresistible Impulse Test as being too
lenient, and easy to fake. Only time will tell what the court will
determine about Holmes.
Law enforcement has said that Holmes refuses to cooperate. Making it
very difficult to even speculate a motive for this horrific event.
What we do know is that Holmes just completed his first year of a
doctoral program for Neuroscience. The school will not release whether
Holmes passed or not, but has released that Holmes dropped out. Holmes
was refused admittance to a gun range just last month when the owner
felt skeptical about Holmes. A pastor who has known Holmes since he was
a child said that he was an introvert, that he did not start
conversations with people, and that he had never seen him associating
with children his own age. Holmes’ apartment had been covered with
booby-traps, including explosives, trip wires, and unknown liquids.
Experts say the door was rigged to cut in half the first person that
entered. The reaction at the door would than trigger explosions and
fires capable of consuming the entire building, and trapping the
sleeping residents in their homes.
The prosecutor has suggested that the death penalty will be discussed
for this case. This case will surely make history though, as one of
the most tragic and unexpected events in American History. America will
mourn the loss of so many, and hope for the recovery of even more.
Tragedy can strike at anytime, make sure you prepare so your family
is taken care of and your children and assets go where you want them to
go. Make sure you have a Will and Trust. The Crosby Law Firm wants to help assure you are prepared if the unthinkable happens.
The Crosby Law Firm is a general practice law firm dedicated to solving your problems. Whether you are struggling with a Divorce or family issue, Bankruptcy, Personal Injury claim, DUI/Traffic charge or other criminal allegations, or taking care of your Trust, Wills, or Probate, your case is important to us, and we want to help.
No comments:
Post a Comment