Theater shooting defense faces hurdles in countering video
CENTENNIAL, Colorado (AP) — Defense attorneys in the Colorado theater shooting trial will face new challenges when they try to counter 22 hours of sometimes chilling video of James Holmes talking in a flat, mechanical tone about killing strangers to increase his self-worth.
In short, reluctant answers, he tells a psychiatrist who evaluated him for the court that he felt nothing as he took aim at fleeing moviegoers. He is haltingly awkward as he blurts out that he feared being stopped from committing what he acknowledged was a crime.
His responses are brief and monosyllabic.
Dr. William Reid strung them together to conclude that whatever mental illness Holmes was suffering, he was legally sane when he killed 12 people and wounded 70 others during the midnight premiere of a Batman film.
Defense attorneys on Thursday finally will have a chance to cross-examine Reid and raise questions about the interview. Beyond the legal issues presented in Reid’s testimony, experts say Holmes’ lawyers also will have to overcome the emotional impact on jurors of hearing the killer in his own, stilted words.
Judge Carlos A. Samour Jr. has repeatedly told jurors they can only consider Reid’s testimony and the video to help them answer the question of whether Holmes was sane. But experts say Holmes’ affect will be hard to ignore.
“They are looking at him as a human being and trying to interpret his soul, his character, his spirit,” said Joseph Rice, managing partner of the Jury Research Institute, a California-based trial consulting firm. “All those things are intangible and very subjective. If he appears to be this cold, unfeeling individual, he’s a threat, he’s scary, he’s not a human. If jurors were to reach those conclusions, they might say this is who the death penalty is for.”
The video offered a rare glimpse into the mind of a mass shooter, and experts say it could be as powerful to jurors as watching Holmes take the stand, which defense attorneys have said isn’t likely to happen.
Defense attorney Kristen Nelson argued again Thursday that the video violates Holmes’ right against self-incrimination, prompting a lecture from the judge, who already ruled it admissible.
“He’s providing his own narrative, and it seems to be playing right into the hands of the prosecution,” said Alan Tuerkheimer, principal of Trial Methods, a Chicago-based jury consulting firm. “Jurors are probably thinking they are getting to know him.”
Reid interviewed a medicated Holmes two years after the shooting, after he pleaded not guilty by reason of insanity to the July 2012 attack. In Colorado, prosecutors have the burden of trying to persuade jurors to reject that claim, and they are playing nearly all 22 hours of Reid’s conversations with Holmes in an effort to show he was rational and knew what he was doing was wrong.
Reid presses hard to draw Holmes out. Holmes is deadpan as he tells the psychiatrist he believes he collected one “value unit” for each person who died. He says he could have killed more people by shooting them at close range in the head, but that would have been too personal.
Reid considered it a sign of rational thinking.
And of the wounded, Holmes said flatly, “They’re collateral damage, I guess.”
The challenge for defense attorneys will be to “educate jurors about why what they are seeing is more a validation of his illness, as opposed to just being a validation of his evil,” Rice said.
Later this month, defense attorneys will start calling their own mental health experts, at least one of whom found Holmes insane. They have said 20 doctors who treated Holmes agreed he suffered a psychotic illness.
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