The lawyers for James Holmes, the man accused of killing 12 people and injuring 58 others at an Aurora movie theater, said in a court hearing today that Holmes is mentally ill.
Observers believe his lawyers are building a case for him to use the insanity strategy as a defense against the 124 criminal counts he faces—including 24 counts of first degree murder.
“By alluding to Holmes’ mental problems, it’s clear the defense is sowing the seeds for a defense of not guilty by reason of insanity,” Denver defense attorney Scott Robinson told NBC News.
Just as he did in July, Holmes looked dazed when he appeared in court today—clearly not in the same mental space as the man who burst into the movie theater shortly after the beginning of the midnight showing and proceeded to mow down dozens.
Lawyers for the media are also making a claim that the media be allowed to have access to court records that currently are under seal.
The media’s 85-page motion argues that the public has “an obvious and legitimate interest” in actions being taken by government officials in the case.
“This status quo violates the public’s constitutional right of access to the records of criminal prosecutions and undermines our nation’s firm commitment to the transparency and public accountability of the criminal justice system,” the document argues.