Judge accepts insanity plea in Colo. shooting case
Judge accepts insanity plea in Colo. shooting case
CENTENNIAL, Colo. (AP) — A judge accepted James Holmes’ long-awaited plea of not guilty by reason of insanity Tuesday and ordered him to undergo a mental evaluation — an examination that could be a decisive factor in whether the Colorado theater shooting suspect is convicted and sentenced to die.
The judge also granted prosecutors access to a hotly contested notebook that Holmes sent to a psychiatrist shortly before the July 20 rampage, which left 12 people dead and 70 injured in a bloody, bullet-riddled movie theater in suburban Denver.
Taken together, the three developments marked a major step forward in the 10-month-old case, which at times has inched along through thickets of legal arguments or veered off on tangents.
Holmes faces more than 160 counts of murder and attempted murder, and prosecutors are seeking the death penalty.
He will now be examined by the Colorado Mental Health Institute in Pueblo, but it’s not certain when the evaluation will begin or how long it will take. Hospital officials have said that before they meet with Holmes, they want to review evidence in the case, which prosecutors said totals nearly 40,000 pages.
Judge Carlos Samour Jr. set a tentative date of Aug. 2 for the exam to be complete but said he would push that back if hospital officials request more time. Samour indicated he still hopes to begin Holmes’ trial in February.
Holmes, 25, shuffled into court with his wrists and ankles shackled, wearing a long, bushy beard and dark, curly hair that was slicked back.
Samour read Holmes a five-page list of consequences of the insanity plea and asked if he had any questions.
“No,” Holmes answered in a clear, firm voice. It was only the second time since his arrest that he has spoken in court, other than occasional whispered exchanges with his attorneys.
The findings of the mental evaluation will become evidence in Homes’ trial, but they are not the final word on whether he was legally insane at the time of the shootings. The jurors will determine that.
If their verdict is not guilty by reason of insanity, Holmes would be committed to the Mental Health Institute indefinitely. He could theoretically be released one day if doctors determine his sanity has been restored, but that is considered unlikely.
If their verdict is guilty, jurors would then decide whether Holmes will be executed or spend the rest of his life in prison without the possibility of parole.
Colorado law defines insanity as the inability to distinguish right from wrong caused by a diseased or defective mind.
Marcus Weaver, who was wounded and lost his friend Rebecca Wingo in the shooting, doesn’t believe Holmes is insane but is grateful the case is moving forward.
“As we’ve seen evidence and seen the case unfold, it’s become more evident that Mr. Holmes did what he did, and it had nothing to do with his mental state,” he said.
The insanity plea is widely seen as Holmes’ best chance of avoiding execution, but his lawyers delayed it for weeks, saying Colorado’s laws on the insanity plea and the death penalty could work in combination to violate his constitutional rights.
The judge overruled their objections last week, but on Tuesday he conceded one point: Neither Holmes nor his lawyers had to sign a statement or say in court that they understood the five-page list of consequences of the insanity plea.
Samour originally planned to require Holmes and the defense to acknowledge they understood those consequences before he accepted the plea. But Samour said Tuesday he had determined that wasn’t required by law.
Holmes needed Samour’s approval to enter the insanity plea because a judge had entered a standard not guilty plea on Holmes’ behalf in March.
Prosecutors first sought access to the notebook when its existence was made public days after the shooting. Holmes had mailed it to Dr. Lynn Fenton, a University of Colorado, Denver psychiatrist who had treated Holmes. Holmes had been a graduate student in neuroscience at the university.
The notebook’s contents have never been officially made public, but media reports have said it contains drawings depicting violence.
The defense argued the notebook was protected by doctor-patient privilege. But Samour ruled Tuesday that under Colorado law, Holmes waived that privilege when he entered the insanity plea.
Prosecutors said Tuesday that in addition to reviewing the contents of the notebook, they would ask police to do unspecified “additional processing” of it.
Court officials also released nearly 100 pretrial motions Tuesday, most of them from the defense.
One signaled that Holmes will seek a change of venue because of pretrial publicity. Others challenged the admissibility of ballistics, handwriting and mountains of other evidence and demanded that prosecutors hand over as many as 2,000 pieces of physical evidence.
Holmes’ lawyers appear to be trying to humanize their client, who made his first court appearances with a mop of dyed orange hair. They filed motions asking that he be allowed to appear before jurors in civilian clothes, instead of a jail uniform, and without shackles. They also asked that authorities ratchet back courthouse security, including armed guards on the roof.
Defense lawyers want Holmes’ parents to be allowed to witness the entire trial in support of their son and not be sequestered like other possible witnesses.
ACLU study: Pot arrests more likely for blacks
WASHINGTON (AP) — Black people are arrested for possessing marijuana at a higher rate than white people, even though marijuana use by both races is about the same, the American Civil Liberties Union reports in a new study.
The ACLU’s analysis of federal crime data, released Tuesday, found marijuana arrest rates for black people were 3.73 times greater than those for white people nationally in 2010. In some counties, the arrest rate was 10 to 30 times greater for blacks. In two Alabama counties, 100 percent of those arrested for marijuana possession were black, the ACLU said.
When it comes to marijuana use, about 14 percent of black people and 12 percent of white people reported in 2010 that they had used the drug during the previous year, according to data that the ACLU obtained from the National Drug Health Survey, a Health and Human Services publication. Among younger people ages 18-25, use was greater among whites.
An overall increase in marijuana possession arrests from 2001 to 2010 is largely attributable to drastic increases in arrests of black people, the ACLU said.
Blacks were arrested at a rate of 537 per 100,000 people nationally in 2001. In 2010, their arrest rate rose to 716 per 100,000. The 2001 number for white people was 191 per 100,00 and rose to 192 per 100,000 in 2010, the ACLU said. Despite the disparate rates, far more whites were arrested for marijuana possession in 2010, 460,808 compared to blacks, 286,117.
Ezekiel Edwards, lead author of the ACLU study, attributed the disparate arrest rates to racial profiling by police seeking to pad their arrest numbers with “low-level” arrests in “certain communities that they have kind of labeled as problematic.”
“While this country moves in some ways in a more progressive direction on marijuana policy in a lot of places, in other places, people are getting handcuffed, jailed and getting criminal records at racially disparate rates all around the country,” Edwards said.
Police simply operate from the standpoint that “the use of marijuana is a crime,” said Jim Pasco, executive director of the National Fraternal Order of Police.
“We will try to educate our membership, to the extent the statistics are valid, to be aware (that) people other than blacks are smoking marijuana and to arrest them too,” said Pasco, who had not yet seen the ACLU report.
Arthur Burnett Sr., a retired judge of the Superior Court of the District of Columbia, said his 40 years on the bench showed him that police concentrate their numbers in black communities. It’s easier to catch people with marijuana in communities where there are “open-air” drug markets, rather than looking in homes, basements or country clubs, said Burnett. He is the CEO of the National African American Drug Policy Coalition based in Washington.
Burnett said some black defendants, distrustful of authorities, may lash out, use profanities or be rebellious — behavior that makes it more likely that an officer will make an arrest. Burnett said his coalition supports forming a commission to look at scientific evidence on the effect of marijuana use and “overcriminalization” of it.
The commission would determine whether to treat marijuana like tobacco, in which people are warned about consequences of its use. It would also examine the harshness of penalties for using pot.
“We don’t need to treat it like heroin and cocaine,” Burnett said.
The ACLU supports legalization of marijuana and regulation through taxation and licensing. It also supports eliminating criminal and civil penalties for marijuana possession. If those two options are not possible, the ACLU supports punishment for marijuana possession with only civil penalties, which is often referred to as decriminalizing marijuana possession.
The unequal arrests rates are not confined to a single region of the U.S. or in urban areas with larger black populations, the ACLU said. That discrepancy is found throughout the country, regardless of the size of the black population of the location and at all income levels, the data shows.
For example, in Morgan County, Ala., where African Americans represent 12 percent of the population and Pike County, Alabama, where 37 percent of the population is black, all those arrested for marijuana possession were black, the ACLU found.
African Americans living in counties with the highest median household incomes, $85,000 to $115,000, are two to eight times more likely to be arrested for marijuana possession than whites. In counties with median household incomes of $22,000 to $30,000, the arrest rate for blacks is 1.5 times to five the rate as for whites, the report said.
The largest disparities were found in: Iowa, where blacks were 8.34 times more likely to be arrested than whites; Washington, D.C., 8.05 times greater; Minnesota, 7.81 times; Illinois, 7.56; Wisconsin, 5.98; Kentucky, 5.95 and Pennsylvania, 5.19 times greater.
Blacks face these greater chances for arrest for marijuana possession at a time when Colorado and Washington have legalized adult possession of small amounts of nonmedical marijuana, while a number of states and Washington, D.C. allow medical marijuana. Federal law still prohibits its use. Some states and some cities have eased punishments for possession of smaller amounts.
The findings are hardly surprising to the African American community.
Ben Jealous, president and CEO of the NAACP, said arrest disparities like those for marijuana possession have led to mass incarceration and criminalization of African Americans, which in turn, has become the new Jim Crow, referring to laws that sanctioned racial segregation in schools and public facilities.
“Any arrest, even for marijuana, is a blot on someone’s record and an impediment to future jobs and opportunities,” Jealous said. “For these reasons, a number of NAACP state conferences (chapters) have supported the decriminalization of marijuana.”
Forest Service to hire 500 fewer firefighters
WASHINGTON (AP) — As dry conditions set the stage for another difficult fire season, the Forest Service said Tuesday it will hire 500 fewer firefighters than last year because of automatic spending cuts imposed by Congress.
The agency will still be able to fight wildfires across the West in spite of the force reduction of about 5 percent, Forest Service Chief Thomas Tidwell said, in part because three new air tankers are being put into service, including one being used to combat a massive wildfire in southern California. Four more planes sought by the Forest Service have been delayed because of a protest by a losing bidder.
Tidwell told the Senate Energy and Natural Resources Committee that the Forest Service expects to hire about 10,000 firefighters this year, down from 10,500 last year. The agency also will have less equipment than last year.
Even so, with a highly mobile workforce and a focus on high-risk areas, “it is likely that high levels of initial attack success will continue,” Tidwell said, noting that the agency expects to continue to be able to put out about 98 percent of wildfires on initial attack.
Combined with the Interior Department, the federal government expects to have nearly 13,000 firefighters available this summer, including highly trained smoke jumpers and interagency incident management teams, Tidwell said. If needed, the agency also will bring in private contractors, although Tidwell said that would increase overall costs since short-term contractors can charge up to twice the rate of full-time workers.
Sen. Ron Wyden, D-Ore., said the Forest Service and Bureau of Land Management should do more to reduce the severity of major wildfires by clearing small trees and underbrush that serve as fuel for fires.
“The message has not gotten through with respect to the choice: You can spend more modest amounts on the front end — with preventive kinds of efforts — or you can invest substantially more money trying to play catch-up as these infernos rip their way through the West,” Wyden said.
Tidwell said he agreed with Wyden in principle, but added that in tight budgets, money often is needed to fight fires as they happen. “It comes down to the simple reality to address (fire) suppression needs,” he said.
Tidwell said climate change has resulted in wildfire seasons that are a full two months longer than in the 1970s. Instead of the traditional summer fire season, wildfires now begin as early as April and can stretch into October, federal officials say.
Wildfires on average now burn twice as many acres as they did in the 1970s, with bigger, hotter fires far more common.
Budgets for the Forest Service and Interior Department were reduced by 5 percent under automatic spending cuts that took effect March 1 after Congress and the president could not agree on a plan to cut the deficit.
A dry winter and early warming has created conditions for a wildfire season that could burn as much as last year, when states such as New Mexico and Oregon posted new records for burned acreage. More than 9.3 million acres burned in 2012.
Crews already have fought major blazes in Colorado and California. Improved weather conditions Tuesday enabled crews to contain a destructive wildfire north of Los Angeles, a day after evacuation orders were lifted for nearly 3,000 residents.
Apple enlists Winnie-the-Pooh in e-book argument
NEW YORK (AP) — An Apple Inc. lawyer is using Winnie-the-Pooh and tens of millions of customers too to try to convince a judge that the computer giant did not manipulate e-book prices when it opened an online bookstore.
Attorney Orin Snyder enlisted the popular children’s title as he questioned the top executive at publisher Penguin Group USA on Tuesday. It was the second day of an anti-trust civil trial resulting from a lawsuit brought last year by the Justice Department.
Penguin CEO David Shanks conceded that the Winnie-the-Pooh book looks “beautiful” in color on Apple products and not as good in black and white on others. He says “irrational enthusiasm” about the potential for 80 million to 100 million new Apple customers led the company to meet many of Apple’s demands in 2010.