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Thursday, May 28, 2015

The Latest: Expert testimony resumes in Colorado shooting - Washington Post

By Associated Press, <span class="timestamp updated pre" epochtime="1432834756000" datetitle="published" comparetime="1432845861000" pagetype="leaf" contenttype="article"/> <span class="timestamp updated pre" epochtime="1432845861000" datetitle="updated" comparetime="1432834756000" pagetype="leaf" contenttype="article"/>

2:30 p.m. (MDT)

Testimony in the Colorado theater shooting trial has resumed after the judge recited the legal definition of insanity to the jury.

Judge Carlos Samour also instructed jurors to consider a psychiatrist’s testimony only as to James Holmes’ plea of not guilty by reason of insanity.

District Attorney George Brauchler asked Dr. William Reid if he believed Holmes met the legal definition of sanity at the time of the 2012 attack, and Reid declared, “Yes.”

Brauchler preceded that question by asking if Reid believed Holmes had the capacity to distinguish right from wrong at the time. Brauchler didn’t refer specifically to the shooting.

“Yes,” Reid said.

Brauchler then asked Reid if he believed that Holmes had the capacity or intent to act knowingly and after deliberation at the time of the event. “Yes,” Reid answered.

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1:50 p.m. (MDT)

The judge in the Colorado theater shooting case has denied a defense request for a mistrial after a state-appointed psychiatrist gave his opinion about James Holmes’ sanity.

William Reid testified Thursday that Holmes was able to form intent and knew the consequences of what he was doing at the time of the July 2012 attack. The psychiatrist’s comments prompted questions from the defense about whether he violated rules on what he’s allowed to tell jurors.

Judge Carlos Samour concluded Reid can testify about whether Holmes is capable of distinguishing between right and wrong. But he says Reid shouldn’t give his opinion about whether Holmes actually did so.

Samour ruled that Reid stayed on the right side of that subtle line.

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12:15 p.m. (MDT)

The Colorado theater shooting trial is in recess for lunch, and the judge says he’ll use the break to think about an undisclosed issue that came up as soon as a state-appointed psychiatrist gave his opinion about James Holmes’ sanity.

Before discussing the details of his 22 hours of interviews with Holmes, William Reid gave his conclusion: that Holmes was able to form intent and knew the consequences of what he was doing at the time of the July 2012 attack.

That prompted the defense to ask to talk privately with Judge Carlos Samour and prosecutors about Reid’s comments.

Samour earlier set some ground rules about what Reid could and couldn’t say about Holmes’ mental state. It’s possible the defense thinks he violated them.

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11:45 a.m. (MDT)

The second of two state-appointed psychiatrists who examined the Colorado theater gunman believes James Holmes knew the consequences of his actions.

William Reid says: “Whatever he suffered from, it did not prevent him from forming the intent and knowing what he was doing and the consequences of what he was doing.”

The comment led the defense to ask to speak to the judge. Lawyers are talking to Judge Carlos Samour privately about it.

Before Reid took the stand Thursday, Samour said the psychiatrist wouldn’t be able to say whether Holmes had a particular mental state at the time of the July 2012 mass shooting.

Holmes has pleaded not guilty by reason of insanity in the Aurora movie theater attack, which killed 12 people and injured 70.

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11:30 a.m. (MDT)

The second of two state-appointed psychiatrists who examined the Colorado theater gunman is testifying at James Holmes’ trial in suburban Denver.

Excerpts of William Reid’s 22 hours of videotaped interviews with Holmes were played on the trial’s opening day. In one, Holmes called people wounded in the attack “collateral damage.”

District Attorney George Brauchler told jurors at the time that Reid concluded Holmes was legally sane.

But before Reid took the stand Thursday, Judge Carlos Samour said Reid won’t be able to say whether Holmes had a particular mental state at the time of the July 2012 mass shooting.

Holmes has pleaded not guilty by reason of insanity in the attack at an Aurora movie theater that killed 12 people and injured 70.

Under Colorado law, the burden of proof is on prosecutors to convince jurors that Holmes was sane and knew right from wrong.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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