Thursday, September 20, 2012

Prosecutors Give up Fight for Colorado Shooter's Notebook

http://usnews.nbcnews.com/_news/2012/09/20/13988740-prosecutors-give-up-fight-for-colorado-shooting-suspect-james-holmes-notebook

17 comments:

  1. I understand that there are laws of secrecy in sessions and material between psychiatrists and patient that are confidential. James Holmes just wants the notebook to be used as his proof that he is insane so his lawyer can pursue an insanity defense. Holmes killed twelve people and wounded fifty-eight on July 20th theater massacre “The Dark Knight Rises” How do people know that Holmes was not going to kill someone or that it was premeditated? He even wired his apartment too with “Elaborate” explosive systems and tripwires shows how carefully he thought things through and was able to put things together most insane people do not have the patience or rationality to think things through all the way. Would the insanity defense even work in Colorado since I know some states do not allow the insanity defense and other states definition of it varies. To pursue the notebook would just delay proceedings however give enough time for Holmes attorneys to build an argument of how mentally ill he was seeking his psychiatrist help. No matter how the case plays out people already have a negative outlook on Holmes either way he is going to serve an adequate amount of time due to how much media the massacre gained and was popularized by society.

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  2. The criminal justice system in Colorado is unlike other states in that the burden of proof rests upon the prosecutors in cases where the sanity of a defendant is under question. This case the prosecution is sure to being very careful in how they will prosecute. They will get this notebook back at some point because when the defense uses insanity as a defense they will have to turn over the evidence to prosecutors in discovery. After reading the story I read some of the following comments and they range from people that sound as crazy as James Holmes and are calling for his immediate execution and don’t waste our time and money with a trial to the well he was clearly insane to go into a theater and kill 12 and injure 58. Why is it every time we have one of these tragic moments in our society do we always have people say “Well he or she was acting differently lately” Or “you know they quit doing A. B. or C and that was really strange” You would think at some point in society we would learn something from one of these tragedies and start to implement some sort of system to help us identify these types of people in society and have in place a system to help intercept these individuals before these things happen.

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  3. To be honest, I'm not too happy with the whole situation, with Holmes and his attorney trying to plead insane. Any person in their right mind can say that there is something horrible wrong with this man, but this route sounds almost to easy for him. If he is sentenced to a psych ward, he needs maximum security because if he patiently thought out the Denver Massacre, who is to say that he cannot act out on another crime within those walls. I believe that we as a system are not taking these situations very seriously, trying to figure out how to prevent things like this from happening. The signs are there!! This notebook could also provide his motive and help those families come towards closure. I also believe that the judge keeps rejecting the notebook for his own personal reasons and does not believe that Holmes should have the opportunity to plead insane. One could only think, would this help or hurt his case? I'm also wondering, if Holmes was to give his psychiatrist the okay to hand over his notebook or return it to him; could she do that and could it then be used in court?

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  4. The insanity plead is how all the nut-jobs get an "get out of jail free" card, this aint monopoly if it was i'd be a millionaire, i understand that there are certain things that should remain confidential between doctors and their patients, but when it comes to something like premeditated murder or even a plan to kill someone it should send red flags in the air and it should be required by law that the psychiatrist tell the authorities to keep tabs on mental patients, i say to hell with the doctor/patient confidentiallity in this case, get the journal, put this guy in jail, then give him the death sentence, an eye for an eye right.

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  5. If James Holmes and his defenders pursue the plea of insanity this notebook is crucial evidence. I’m no law expert, and I don’t know exactly the rules of the courts pertaining to evidence, but if the insanity plea is taken by Holmes, this notebook should be made available to both the prosecution and defendant. How are you supposed to disprove someone’s insanity without the things discussed, or done between a physiatrist and the patient? The ultimate testimony, however, I feel like should come from Holmes’s doctor. An expert in the field of phycology would be the ultimate witness as to whether the man is insane, or not. Regardless it’s obvious this was pre-meditated murder. This notebook supposedly depicts drawings of the violent acts. Also, Holmes had rigged his apartment with explosives for law enforcement when they arrived on the scene. He very obviously knew what he was doing. The guy is obviously pretty intelligent. He is a neuroscience graduate, needless to say Holmes knew what he was doing. Does he deserve to be placed in a psychiatric hospital, absolutely not, but it’s hard to say this guy wasn't off his rocker. I fully believe this guy deserves the death penalty, or a life locked up in a cell for twenty three hours a day, but we’ll have to wait and see what the courts decide.

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  6. Well, just pulling up the link and seeing his creepy little mugshot is enough for me to say that he definitely has something wrong with him. Maybe he IS insane but I personally am getting very tired of people going for the plea of insanity. He killed twelve people and it was premeditated and he wired his apartment with the tripwires before he left to the theater. Anyone who has killed anyone in that nature should get the same punishment as a "sane" person, I use the term sane VERY loosely, because you can't just go around killing people. It's just common sense. Some people use the plea of insanity to get away with things, and its not right. Even with his journal or without, he obviously has something wrong with him but he should still get the same punishment as anyone else who would open fire on a theater of innocent people or just anyone who opens fire on anyone. I really hope Colorado has the death penalty, to be completely honest.

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  7. I feel like the whole situation is out of hand. You can not tell me that this man does not have some kind of mental problem. He looks half crazy in his mug shoot. I really do not understand why the notebook cannot be accessed and if it will not prove anything why is the defendent not pushing forth the asses of the notebook also. Another thing is how they always point how the red hair gone. Just because there was some form of "change" that should not keep a judgement from being made about someone being insane or not. Society is always forgiving when someone changes. To me sudden changes are not lasting changes. To me insanity is one of those things that should be used lightly. You are telling that a nueroscience graduate student all of a sudden became insane and went into a theatre and shot up the place. I really honestly feel like he knew what he was doing and he just wanted to do it. Also, why of a sudden something just snapped in his head to make him go off like that. There might be some underlying factors but my question why have they not been found out by now?

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  8. The fuss about him being insane or not is just a ridiculous excuse to give him a shorter sentence. There were innocent lives taken away because this guy decided he wanted to perform a morally wrong act. It is stated that he graduated from the University of Colorado you have to have some sane in you to get through that much schooling. People with illnesses and disabilities are offered special help from school, have they checked school records? If he was seeking outside help then he was clear about his case and would have spoken up at school to be able to make through graduation day. Don’t get me wrong the guy looks insane in his mug shot picture but that doesn’t make it okay that he committed murder. The whole notebook situation I feel is dumb there shouldn’t be any reason why they couldn’t get a hold of it. I understand confidential reasoning between him and his counselor but that should be waved when criminal acts are involved. It also said the last he received treatment was in June the crime was committed in July. Number one someone isn’t doing their job right if the notebook contained murder illustrations and two a month has passed it should be ruled unconfidently at that point since so much time has passed.

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  9. The definition of the term "insane" varies greatly.
    I believe anyone who murders another person to be insane, because no one in the right mind would do that, but that does not mean that they should get away with it either. It's ridiculous how many criminals will try to plead insane, all though few will actually win that plea. As mentioned several times, James Holmes was a smart student in college, he patiently planned out this attack, he rigged his apartment, and drew violent pictures portraying an attack. I don't think a legally insane person could do this. He should not be allowed back into society ever. Who just randomly decides to kill a theater of innocent strangers? I know we talked about mass murderers in class, and the likelihood of him repeating the crime is very slim, but it shouldn't matter. He took other peoples lives away. Why should he be allowed to live his own?

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  10. I think this is a good decision for the prosecuting team to stop the pursuit of James Holmes' notebook because like they said, it could interrupt court proceedings for months and could ultimately put this man's conviction in jeopardy. And again, like they said, it is possible that it may become available to them later on in the trial. Just the potentiality that this case could be thrown out because of a somewhat insignificant notebook sends chills down my spine. If this scumbag could just get off Scott-free and shoot up another theater, I think there should be some reassignment in the role of judge in any case that is thrown out because of something dumb.

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  11. Why is it that all it takes to get a lesser punishment is saying something is wrong with your mind? It shouldn't matter what it is going to cause, or what they thought at the moment they were killing because at the end of the day a person has died. how is it fair that a person who is sane gets more time than a person who is insane. yea i know he had issues but lets look at the bigger picture people: 12 people have died. What if it would have been one of your family members? Lets be even all the way around and not make any excuses for anyone!

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  12. I understand it could be hard and time consuming when chasing something down for a crime. I still don't think they should've gave up on looking for the notebook or trying to find anyone that coulv've known about this. For all we know, he could have a best friend or someone planning to do the same thing at another theater or worse. Now we will never know until it happens.

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  13. I wholeheartedly agree with giving up the chase for the James Holmes’ notebook, which would have been a convincing piece of evidence to convict him and send him away for life, I can see why they did not pursue it. It would have taken months longer to prosecute him and send him to jail, which would have wasted thousands of taxpayer’s dollars. Also our judicial courts are jam-packed with cases and spending months on one only delays another. Especially since there is so much evidence pointing to James Holmes’ for the theater massacre that he will most likely be convicted anyway. Also the judge ruled out the notebook as a usable piece of evidence in court because they could not disprove a doctor-patient relationship between James Holmes and Lynne Felton. The notebook could have also been used by the defense to aid James Holmes in his plea for insanity because I mean really, what sane person describes and draw violent attacks on people within their notebooks. And anything that could lessen the sentence for this man would be awful. He should be locked away for life based on his photo in the article, let alone what he did at the theater massacre.

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  14. The whole story is very sad, for all of those people to be either injured or lose their life because of this man. It’s very hard for me to think this man is pleading insane, although something is very wrong with him, I feel like that much planning you cannot be insane. This man deserves a very harsh punishment and him going to a mental facility doesn’t do it justice. This notebook although seems like a very important piece of evidence in his insanity plea. This seems like something that would be needed more than it seems to be needed. It’s still very hard for me to think this man didn’t know what he was doing. It’s very hard for me to think a student like that wouldn’t understand what he was doing. Premeditating to kill so many people and then actually going through with the act. The guy very obviously needs to be put away for life or maybe even the death penalty. I can also understand the reason for giving up the pursuit on the notebook though because it is making court proceeding take even longer and costing government money. As long as this man is put away though, I think justice will be served.

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  15. I think that the attorities should have no given up on trying to find his notebook. the only person that knows what that notebook contains is Mr. Holmes himself. I say they should keep looking because the fact that everyone has seen the horror that this man is capable of, whose to say that he didnt hand off his notebook to someone else with plans on another mass murder. I think that this is one of the most important pieces of evidence that they could find. Finding the notebook could show us more into the mind of a killer!

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  16. James Holmes, who killed 12 people and left at least 58 people wounded, had sent a notebook to his doctor that contained descriptions and drawings of a violent attack. He was accused of wiring his apartment with explosives and tripwires. I agree that he is mentally ill, however did he understand that his crime was wrong? Most people know right from wrong. I can’t believe he was charged for 142 counts, but I believe he should be. I can’t believe they would give up a search for such a powerful piece of evidence; however I can see why they would have too. I feel so much sadness for the victims of that night. My heart goes out to their families. I would believe someone would have to be mentally ill to be able to do such horrid things to innocent people.

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  17. james holmes is a very sick man, something has to be wrong with him to kill 12 people and injure 58 others and also wire his apartment to kill first responders. authorities should not have given up the search for his notebook. if that notebook is found we could know so much more about this guy and see if he had other plans. that notebook is a very significant part of the trial and holds parts of holmes that we will never hear him speak of.

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