Mentally Ill James Holmes Sentenced to Life in Prison in Aurora, CO Theater Shooting

On August 7, a jury in Aurora, Colorado, sentenced James Holmes to life in prison without the possibility of parole for the 2012 movie theater shooting that killed 12 people and injured dozens more. The jury said they could not reach a unanimous decision on Holmes' sentence, an outcome that results in a sentence of life without parole. After the trial, one juror said that the prosecution had not persuaded three of the jurors to impose a death sentence. The deliberations, she said, were very emotional, and at the time jurors agreed to stop deliberating, one juror was firmly committed to a life sentence, with two other holdouts still undecided. She said, "The issue of mental illness was everything for the one who did not want to impose the death penalty." [UPDATE: One of the jurors who voted for a life sentence says there was not a single holdout juror for life. Three voted for life, and the jury did not inquire further into the views of the other two after the indicated that her vote was firm.] Holmes had also offered to plead guilty in exchange for a sentence of life without parole, which would have removed the need for the six-month trial that cost Colorado taxpayers more than $5 million. After that plea offer was rejected, Holmes pleaded not guity by reason of insanity. All of the mental health experts agreed that Holmes would not have committed the killing but for his mental illness, but disagreed on whether he could appreciate the criminality of his conduct. The jury rejected the insanity defense and convicted him of all charges. Holmes' sentence highlights both the rarity of death sentences in Colorado and racial and geographic inequities in its imposition.

New Study Shows Discrimination in Colorado Prosecutors' Use of Death Penalty

new study to be published in the University of Denver Law Review shows that whether prosecutors seek the death penalty in Colorado "depends to an alarming extent on the race and geographic location of the defendant." The study - based upon 10 years of data collected by attorney Meg Beardsley and University of Denver law professors Sam Kamin and Justin Marceau and sociology professor Scott Phillips - shows that race and place are statistically significant predictors of whether prosecutors will seek the death penalty in Colorado and that prosecutors are more likely to seek the death penalty against minority defendants than against white defendants. In a press release accompanying the release of the study, the researchers say the data "directly refutes the claims made by elected officials, that racial disparities merely reflect the propensity of certain races to commit more murders." The study also shows that, even after controlling for the rates at which different racial groups commit statutorily death-eligible murders and for the "heinousness" of the murders, non-white defendants and defendants in Colorado’s 18th Judicial District - where the capital trial of James Holmes for the Aurora movie theater killings is taking place - were more likely than others to be capitally prosecuted. 

PUBLIC OPINION: American Ambivalence on the Death Penalty

A new Rasmussen poll found that 57% of American adults support the death penalty, down from 63% in the organization's polls dating from 2009. The poll found 26% of respondents opposed the death penalty, with 17% undecided. Respondents were also asked whether they favored the death penalty for James Holmes if he is convicted of the mass shooting at a movie theater in Aurora, Colorado. Just 55% said they believed Holmes should be sentenced to death, compared to 66% who held that view immediately after the shooting in 2012. Twenty percent were undecided. Rasmussen found that Americans were less supportive of executing a defendant who is mentally ill, an issue in Holmes's case. Respondents also had concerns about wrongful convictions, and were split on whether the death penalty deterred crime.

COSTS: Pre-Trial Expenses Exceed $5 Million in Aurora Death Penatly Case

“Counties"(Click to enlarge)Trial preparations in the death penalty prosecution of James Holmes in Colorado have already cost the state about $5.5 million, and the trial and likely appeals will add significantly more. Holmes is accused of the mass shooting in a movie theater in Aurora. Most of the costs - $4.5 million - have come from the salaries of personnel working on the case, including the prosecutors, defense attorneys, the judge, investigators, and victims' advocates. Additional court security for hearings in the case has cost $463,000. Experts hired by the prosecution have been paid $220,000, and the defense team has likely spent a similar amount. Holmes has pleaded not guilty by reason of insanity. He offered to waive his right to a trial in exchange for receiving a sentence of life without parole. Colorado Governor John Hickenlooper called off a recently scheduled execution, describing the death penalty system as flawed and inequitable, essentially putting all executions on hold. (Image by Yahoo News, click image to enlarge.)

MENTAL ILLNESS: Parents of Accused Colorado Shooter Plead for Mercy

The parents of James Holmes recently explained that their son is severely mentally ill and asked he be spared the death penalty. Holmes is accused of killing numerous people at a movie theater in Aurora, Colorado. Robert and Arlene Holmes said they were aware of the great harm their son caused, noting, "We are always praying for everyone in Aurora. We wish that July 20, 2012, never happened." They also recognized the sentiments among some that their son be executed: "We have read postings on the Internet that have likened him to a monster. He is not a monster. He is a human being gripped by a severe mental illness." They hoped he would either be allowed to plead guilty and receive a life without parole sentence, or be found not guilty by reason of insanity, so "he could go to an institution that provides treatment for the mentally ill for the remainder of his life."

NEW VOICES: Once a Supporter, Colorado Governor Explains Opposition to Death Penalty

In a recent interview, Colorado Governor John Hickenlooper stated his opposition to the death penalty, citing the views of murder victims' family members and the high cost of implementing capital punishment. Hickenlooper said he had supported the death penalty until he learned more about it. “My whole life I was in favor of the death penalty," he said, "But then you get all this information: it costs 10 times, maybe 15 times more money to execute someone than to put someone in prison for life without parole. There’s no deterrence to having capital punishment. And I don’t know about you, but when I get new facts, I’ll change my opinion. I didn’t know all of this stuff." In 2013, he granted an indefinite reprieve to death row inmate Nathan Dunlap, saying, “If the State of Colorado is going to undertake the responsibility of executing a human being, the system must operate flawlessly. Colorado’s system for capital punishment is not flawless.” Because of the general basis for Hickenlooper's grant of a stay, it would appear to put a hold on all executions while he is governor.

Controversial Colorado Case Ends With a Plea and Life Sentence

Edward Montour, the defendant accused of killing correctional officer Eric Autobee (pictured) in a Colorado prison, agreed to plead guilty on March 6 to first degree murder in exchange for a sentence of life without parole. Autobee's family had opposed the prosecution's decision to seek the death penalty for Montour, standing in witness in front of the courthouse during jury selection, and asking the judge to allow them to testify at the trial. Montour pled guilty to the crime in 2003 and was sentenced to death by a judge, but his conviction was overturned when an appellate court ruled the jury needed to be involved in sentencing to death. At his second trial, Montour initially pled not guilty by reason of insanity, arguing that he was wrongfully convicted of the crime that first put him in prison, and that his mental illness had gotten worse in prison. Montour was serving a life sentence for killing his 11-week-old daughter, though evidence recently emerged indicating she might have died from an accident.

Victim's Family Opposed to Death Penalty Meets Resistance from Colorado Prosecutor

The parents of a slain corrections officer in Colorado have asked to testify in opposition to a death sentence for their son's alleged killer, but prosecutors have challenged their right to intervene. Eric Autobee's (pictured) parents say that their son "would not have wanted someone killed in his name." Prosecutors maintain Colorado law only allows victim impact statements to discuss the harm that resulted from the crime. The Autobees, in a court filing quoting Colorado law, argue that a victim has the right "to adequately and reasonably express his or her views' regarding 'the type of sentence which should be imposed by the court.'" (emphasis in original). Kate Lowenstein of Murder Victims' Families for Human Rights agreed, "Disagreeing with the prosecutor – opposing the death penalty when the prosecutor is seeking a death sentence – should not mean that you are silenced."