Without a guilty plea from Holmes, his mental health would likely be the big question mark in a potential trial. Indeed, prosecutors said in court documents Thursday that the plea they rejected was “a calculated attempt” by the defense to convince the public that the criminal insanity defense has merit.
At an August hearing immediately following the shooting, Holmes's attorneys told a judge that his client was mentally ill and time was needed to assess the extent and nature of his illness.
The insanity defense will make the trial difficult for the prosecution because, in contrast to the vast majority of states, Colorado puts the burden of proof on the prosecution, rather than on the defense. That means prosecutors will have to prove that Holmes is not insane, which could be an arduous task in a case involving so many unusual variables, such as Holmes’ bomb-rigged apartment, his orange-dyed hair, reports he told the police he was the cartoon villain the Joker, his heavy reliance on a psychiatrist and prescription medicine, and so forth.
Source: The Christian Science Monitor, March 29, 2013
