James Holmes Trial: Defense Attorneys Seek to Broaden Consitutional Challenges to Murder Case
Sep 03, 2013 08:15 PM EDT
The attorneys for Aurora shooting suspect James Holmes have filed at least 6 new constitutional challenges to the state's death penalty laws, the Huffington Post reported. His defense team argued in new motions that the death penalty they view vied had been arbitrarily imposed in the state.
"Imposition of the death penalty is rare, unusual, freakish, and inconsistently applied throughout the State of Colorado," Holmes' defense wrote in a motion.
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Victims of the Aurora shootings were also asked not be allowed to testify when the jury is deciding punishment for Holmes, and that death penalty opponents should be the ones sitting on the jury, were other motions petitioned by his team.
All total, Holmes' defense team filed 20 motions last week, which were made public on Tuesday.
Holmes has pleaded not guilty by reason of insanity to charges that he opened fire in an Aurora Colorado theater killing 12 people and injuring dozens more in July 2012.
Colorado has three men sitting on death row and has only executed one person since the death penalty had been declared unconstitutional in 1972.
Nathan Dunlap, Sir Owens and Robert Ray, the three death row inmates were sentenced in Arapahoe County. In 10 years, prosecutors have sought the death penalty in only six of Colorado's 64 counties, the defense said.
Also, the judge on Tuesday delayed a hearing involving Jana Winter, the Fox News reporter over whether she will need to reveal her confidential sources for a story about Holmes. The delay gives her ample time to hear whether a New York court will reject a Colorado subpoena seeking the names, The Boston Herald reported.
Winter could be jailed indefinitely if she refuses such an order. She has said she won't comply, news reports said.