Colorado has executed only one person in the last 40 years. The Aurora theater shooter鈥檚 attorneys hope their client鈥檚 mental illness will save him from being added to the state鈥檚 death row.
The trial is now in the second part of the penalty phase. Jurors must decide whether the defendant, James Holmes,聽聽merits the death penalty or life in prison for killing 12 people and injuring 70 in an Aurora movie theater July, 2012. The defense is relying on the shooter鈥檚 diagnosed mental illness and positive testimonies of friends and family to win the jury鈥檚 grace.
There is no record of a person with a diagnosed mental illness ever being executed in Colorado. In 2002, the controversial topic was brought to the Supreme Court of the United States in the case of Atkins v. Virginia. The Supreme Court ruled that executing intellectually disabled individuals violates the Eighth Amendment鈥檚 ban on cruel and unusual punishment. Individual states are left to define who is intellectually disabled and, in turn, who can be executed.
In two separate cases concerning capital punishment for mentally ill people, the Supreme Courts of Florida and Georgia held that the mere presence of mental illness does not exempt a person from execution. An insane person cannot be executed in Colorado, but a jury can sentence a mentally ill person to death if they decide the crime outweighs any mitigating 鈥� or redeeming聽鈥� factors.
The jury in the Aurora theater trial found the shooter to be sane and every mental health professional that testified in the case diagnosed the shooter with a mental illness.
Dr. Jeffrey Metzner was brought to the stand for a second time to speak on how the shooter鈥檚 mental illness impacted his decision to plan and carry out a killing rampage. The defendant claimed that he killed others in an attempt to improve his own self worth and 鈥� according to the defense 鈥攃ontinues to believe in his own theory of human capital: a person gains points for every life taken.
鈥淚t鈥檚 hard to argue that it鈥檚 not a selfish decision,鈥� Metzner said of the shooter鈥檚 actions. 鈥�(But) I鈥檇 add that it was tied into delusional, psychotic thinking.鈥�
Metzner testified that the defendant knew his actions were morally wrong but that he was also suffering from a severe mental illness that impacted his decision-making ability.
District Attorney George Brauchler aims to sway the jury that the shooter鈥檚 mental health does not overshadow the gravity of his heinous crime.
鈥淗e was choosing improving how he valued himself over the lives of others,鈥� Brauchler said to Metzner on cross-examination.
鈥淵es,鈥� Metzner agreed.
As president of the American Academy of Psychiatry and the Law in 2001,聽聽on the death penalty until the law prevented the execution of mentally disabled people.
If the jury believes the shooter鈥檚 self-described 鈥渂roken mind鈥� played an essential role in his committing the crime, then his life may be spared.
The parents of deceased victims Jessica Gahwi and Alex Teves, who have regularly attended court since April, are reportedly taking the week off from the trial. The defense plans to continue display of family photos, videos and the聽direct examination of witnesses who speak of聽聽the shooter鈥檚 positive, potentially redeeming characteristics until Wednesday, tentatively.
Editor鈥檚 note: CU News Corps will honor the victims of this tragedy with every post via this graphic.聽
