June 20, 2013

DA: Law in Colo. theater shooting constitutional

BY: AP Staff Writer MARCH 6, 2013 | MODIFIED: MARCH 6, 2013 AT 6:31 PM
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Photo -   FILE - In this July 23, 2012 file photo, James E. Holmes appears in Arapahoe County District Court in Centennial, Colo. Lawyers for Holmes have indicated their client might plead not guilty by reason of insanity. In court documents made public Friday, March 1, 2013, James Holmes' attorneys want the judge to declare portions of the state's insanity defense laws unconstitutional. The filings say the laws in which a defendant may waive their right to remain silent and reveal confidential medical information should be unconstitutional in cases involving the possibility of execution. (AP Photo/Denver Post, RJ Sangosti, Pool, File)
FILE - In this July 23, 2012 file photo, James E. Holmes appears in Arapahoe County District Court in Centennial, Colo. Lawyers for Holmes have indicated their client might plead not guilty by reason of insanity. In court documents made public Friday, March 1, 2013, James Holmes' attorneys want the judge to declare portions of the state's insanity defense laws unconstitutional. The filings say the laws in which a defendant may waive their right to remain silent and reveal confidential medical information should be unconstitutional in cases involving the possibility of execution. (AP Photo/Denver Post, RJ Sangosti, Pool, File)
< p>DENVER (AP) — Prosecutors in the deadly Colorado movie theater shooting are disputing defense arguments that the state law on insanity pleas is unconstitutional.

In court documents made public Wednesday, prosecutors say the statute has been upheld in other cases, and that judges have ways to protect defendants' rights.

Lawyers for suspect James Holmes asked the judge in the case to rule the law unconstitutional because it would require Holmes' attorneys to give prosecutors potentially incriminating information, such as mental health records, if he pleads not guilty by reason of insanity.

The defense says that violates Holmes' rights, including Fifth Amendment protections against self-incrimination.

Holmes is charged with murder and attempted murder in the July 20 shootings at a suburban theater that killed 12 and injured 70.

He's scheduled to enter a plea Tuesday.

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