Every year judges order hundreds of Colorado defendants to undergo exams to determine whether they are mentally competent to stand trial.
This is a good article to read to learn more about competency exams and the difference between them and sanity exams. (The defense attorney, Iris Eytan, who specializes in cases involving mental illness, that James’s mother hired to represent him in the immediate aftermath of the shooting is also quoted in the article.)
"Gowensmith said the increase in the number of evaluations has nothing to do with legal strategy, but instead represents the national trend of people slipping through cracks in the mental health system and falling into criminal charges.
"The legal system has become an entry point into the mental health system," Gowensmith said."
I just wanted to say hello, Happy Easter, and thank you to everyone for continuing to support James Holmes.
The road to trial/plea bargain is certainly taking longer then anticipated.
I’ve noticed that quite a few of James’ supporters have moved on. Whether it’s from boredom or frustration, who…
It has been known for almost 200 years that confining mentally ill persons in prisons and jails is inhumane and fraught with problems. The fact that we have re-adopted this practice in the United States in recent years is incomprehensible. Prison and jail officials are being asked to assume responsibility for the nation’s most seriously mentally ill individuals, despite the fact that the officials did not sign up to do this job; are not trained to do it; face severe legal restrictions in their ability to provide treatment for such individuals; and yet are held responsible when things go wrong, as they inevitably do under such circumstances. This misguided public policy has no equal in the United States.
A new report from the Treatment Advocacy Center on the treatment of people with serious mental illness. According to this report, there are now 10 times more people with serious mental illness in state prisons (207,000) and county jails (149,000) than there are in state mental hospitals (35,000).
(Part 2) Here’s a recap of some the references made in the last year - taken word for word from the Court Documents on the Court’s website - about James Holmes’s psychosis-inducing mental illness.
- April 29, 2013 - “Mr. Holmes suffers from a serious mental illness,” defense attorneys wrote, adding that it might be difficult to know whether he fully understands what is happening because his mental illness may prevent a “plausible grounding in reality.”
- July 7th, 2013 - ”Mr. Holmes suffers from a severe mental illness and was in the throes of a psychotic episode when he committed the acts that resulted in the tragic loss of life and injuries sustained by moviegoers on July 20th, 2012”
- November 15th, 2013 - ”THE STATE AND FEDERAL CONSTITUTIONS PROHIBIT THE EXECUTION OF INDIVIDUALS SUCH AS MR HOLMES WHO SUFFER FROM A CHRONIC AND SERIOUS MENTAL ILLNESS”
- "THE CMHIP SANITY EXAMINER’S CONCLUSIONS RENDER SUCH EVIDENCE IRRELEVANT MORE PREJUDICIAL THAN PROBATIVE AND UNCONSTITUTIONAL IN THIS PARTICULAR CAPITAL CASE”
- November 15th, 2013 - Another reference to Defense Motion 188, in the footnote section of pages 1&2, which implies that a clinician found that “it is very clear that Mr. Holmes’ appreciation of the wrongfulness of his actions were significantly impaired (from a clinical perspective) as a result of his psychotic thinking”.
- November 15th, 2013 - “This case is undeniably tragic and has caused suffering and trauma on a scale that is unprecedented in Colorado. However, as the prosecution well knows, there is substantial evidence to support the defense’s position that Mr. Holmes is a severely mentally ill individual, who but for his severe and chronic mental illness, would not have committed this crime.”
"…the [media] coverage often simplistically and inaccurately implied that Mr. Holmes was “evil”, as opposed to mentally ill.”
This is a pretty cool video, and longer then most I’ve seen. In the beginning of the video, Jimmy’s explosives get a special police escort to said detonation site. It might be wrong to be impressed with the “improvised explosive devices” that James made but, heck, I’m impressed!
"Improvised explosive devices" were placed in a sand truck and taken to a disposal site. Once there, some of the materials were detonated inside makeshift cinderblock containers while the rest was buried, then detonated once underground.
Video of the scene shows a series of coordinated blasts, after which the material burned for several minutes.
There were no official comments on the kind or quantity of explosive materials that had been detonated, but earlier police reported that they had discovered some 30 softball-sized home-made explosive devices in the suspect’s apartment.
The wife of the dead Boston Marathon bombing suspect has never been implicated in the attack, but her proximity to it has put her in a prison without bars.
Katherine Russell, who married Tamerlan Tsarnaev in 2010, rarely ventures outside of her Rhode Island home anymore, according to neighbors —…
PERRY: Moving the Holmes' Aurora theater shooting trial is nothing but fair tirade - Aurora Sentinel
Let’s blame the defense team for dragging this trial out?!If the prosecution wasn’t hungry for the dp, all of this would have been resolved last year.
"Accordingly, the Court will hear Motion D-154 first, on May 5, at 9:00 a.m. After that motion has been addressed, the courtroom will be closed for the remainder of the hearing."
Defense attorneys also accused Samour of “endeavoring to assist the prosecution’s experts, and affirmatively help the prosecution win its case,” the order stated.
Obviously the defense agrees the Judge is siding with the prosecution time and time again.
Fair trial? I think not as long as Samour is the Judge.
The defense in the Aurora theater shooting case says they learned about judge’s orders yesterday from the news media. http://t.co/NCEkU10J8m
Big News: In this Court Order the defense are essentially quoted as saying the report favors them.
It’s safe to say the court ordered sanity exam concluded that James Holmes was INSANE during the the July 20th, 2012 theater shootings.
This Court Order is in response to the defense’s motion for the Court to reconsider it’s ruling on P-68.
In P-68 the court ruled -at the prosecution’s request- that James Holmes undergo another (partial) sanity exam.The prosecution originally alleged that the first doctor was biased, and said their experts had noticed “numerous deficiencies” in the first eval.
Judge Samour found that the first doctor was NOT biased at the time of the exam, but that the report was “incomplete and inadequate” so he ordered another exam (but only like a additional, partial exam- the new exam is only to be focused on one of the three main areas that were evaluated during the first exam).
The defense then asked Samour to reconsider the additional exam in a undisclosed, suppressed motion, but, in this Order, Samour quotes what the defense previously said in that motion in order to respond to the allegations.
From this Order:
"Contrary to the defendant’s contention, the Court did not conclude, "essentially"or otherwise, “that a sanity examination is inadequate or unfair unless it satisfies every area of interest identified by the prosecution’s experts.”
“The defendant erroneously implies that the Court understood the insanity statutory scheme to require it "to give the prosecution the guaranteed ability to rebut the insanity defense if the results of the examination favor the defendant.”
“It is equally inaccurate to insinuate that the Court believed it had "cart blanche to continue to order additional examinations"indefinitely”until a sanity examiner finally produces a report that is immune from criticism by people who are paid to find fault in it.”
“Although the defendant posits that the Court took "a role which [gives] the impression of partiality" and an Order that creates an "appearance of partiality", the Court agreed with each party in part and disagreed with each party in part. The Court agreed with the prosecution that a further or other examination was warranted, but agreed with the defendant that the prosecution’s experts should not be allowed to conduct it.”
(^Oh, please. Look at Samour trying to act like that was siding with the defense. It’s bullshit - there’s NO WAY he could have agreed with the prosecution fully in their request or else it would have looked something like this: Judge Samour: Up next we will go over the second court-ordered, totally neutral, not-biased-in-any-way examination
conducted by the prosecution’s hand picked experts…. There was zero chance of that motion ever being granted in full, and everyone knows that, so he shouldn’t act like he was throwing them a bone then, just to be able to claim impartiality now.)
And there’s more about why the original doctor, Dr. Metzner, wasn’t choosen to conduct the new additional exam. (Spoiler alert: It’s basically, “even though Dr. Metzner says he could still work with us [the prosecution], it’s only naturalthat he would be biased against us now.
From the closed hearings:
(Keep in mind that this is alleged bias was completely caused by the prosecution calling a shady meeting with the Dr. under false pretenses and then trying to twist his words against him to allege he was biased at the time of the report.) See below:
- After the evaluation was complete and Metzner had written his report, prosecutors asked to speak with him. Although Samour’s order doesn’t say what that discussion entailed, it does say that Metzner was “surprised” by it. According to the order, he testified at a closed-door hearing in January that he felt “blindsided” and “set up” by the prosecutors, who used what he told them to allege that he had an “unfair bias.” Metzner didn’t feel the meeting was “fair” since he wasn’t informed of its purpose ahead of time. [Source]
(Also keep in mind Judge Samour later found Dr. Metzner was NOT biased during the exam. So the prosecution’s initial allegations of bias stemming from the meeting were BS)
The defense were cruising on the Denver post last night and were “shocked” to see them discussing Orders that they, the defense, hadn’t even received yet. They are requesting that the Court “immediately” give them unredacted copies of those Orders.
Judge Samour blames it on the defense’s email system, but will try sending the Orders again.
The Court agrees. Accordingly, it is suppressed.