James Holmes is in court in Colorado this morning for a hearing on his sanity, relative to a plea of not guilty by reason of insanity. Most mass shooters are NOT dangerously mentally ill. It is interesting to note that a waiving of medical confidentiality might put the notebook he mailed to his university psychologist incontrovertibly back in evidence.
I was curious that the defense team is trying to suppress his past mental health records, and that they were opposing his medication, presumably because that would weaken their defense rather than strengthen it. If Holmes had a longer period of mental health issues that suggested an inability to control his actions or a lack of knowledge of right and wrong, or any prior episodes of violence, I would have thought that information coming out in trial might have strengthened a defense on grounds of insanity, and would be something the defense team would be putting forward, not trying to suppress.
Also at issue is Holmes right to refuse medication.
Jared Loughner, the mass shooter who attacked Congresswoman Gabby Giffords in Tucson, determined to be suffering from schizophrenia, also tried to refuse medication, which was court ordered over his objections. His evaluations by mental health professionals, and subsequent plea, was conducted under such medication - (for context in reading the article below).
From MSNBC.com
Man charged in Colorado movie massacre due in court, may enter insanity plea
By Erin McClam, Staff Writer, NBC NewsThe man charged with carrying out a massacre in a Colorado movie theater last year was due in court Tuesday to enter a plea after his lawyers indicated that he may mount an insanity defense.
The hearing for James Holmes begins at 11 a.m. ET.
A judge ruled Monday that Holmes must waive medical confidentiality and agree to be drugged for a psychiatric exam if he wants to claim that he is not guilty by reason of insanity. His lawyers had claimed that those provisions violated his constitutional rights.
The judge, William Sylvester of the 18th Circuit Court, also ruled that Holmes would have to turn over the names, addresses and medical reports of any doctor or psychologist who has treated him for a psychiatric condition.
The defense claimed in papers revealed last week that Holmes was hospitalized for several days last fall and required restraints.
read more here
