Apr 19, 2013 6:21 PM by Patricia Collier

Holmes lawyers revive constitutional questions

DENVER (AP) - Lawyers for Colorado theater shooting suspect James Holmes are again suggesting the state's death penalty and insanity laws might work in combination to violate his constitutional rights.
In a motion Friday, Holmes' attorneys said the time is right to discuss the questions because prosecutors have announced they're seeking the death penalty.
Holmes is charged with killing 12 people and injuring 70 in the July shootings.
His lawyers tried to raise constitutionality questions in March, but the judge refused to consider them because prosecutors hadn't said whether they would ask for the death penalty and Holmes hadn't said whether he would plead innocent by reason of insanity.
The judge entered a not guilty plea for Holmes but said he could ask to change to an insanity plea later.


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