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This photo provided by the University of Colorado shows James Holmes. University spokeswoman Jacque Montgomery says 24-year-old Holmes, who police say is the suspect in a mass shooting at a Colorado movie theater, was studying neuroscience in a Ph.D. program at the University of Colorado-Denver graduate school. Holmes is suspected of shooting into a crowd at a movie theater killing at least 12 people and injuring dozens more, authorities said. (AP Photo/University of Colorado)

CENTENNIAL, Colo. (AP) - Prosecutors in the Colorado theater shootings say laws on insanity and the death penalty are constitutional and don't need any of the explanations requested by the defense.

Attorneys for the state filed their response Wednesday to motions by James Holmes' lawyers saying the laws are vague. The defense also argues the laws violate Holmes' rights by possibly barring him from calling witnesses to testify about his mental health during the trial's penalty phase.

Holmes is charged with killing 12 at a movie theater in July. Prosecutors are seeking the death penalty.

A judge entered a standard not guilty plea on Holmes' behalf. He wants to change that to not guilty by reason of insanity.

The judge must approve the change after ruling on defense objections to the laws.


(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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  • Abuse
    Michoacan wrote...
    You are more than a bit out of touch, 1-1.
    January 7, 2013 11:31 pm
    Criminal history is available on numerous official court websites, mugshots with names and DOBs posted daily, prison information including disciplinary histor is available at the touch of a screen, to name a few ways to track prior offending. You are severely under informed.
  • Abuse
    OneWonders wrote...
    But I am
    January 8, 2013 7:53 am
    more informed than you.
    Equal Justice, Not Social Justice.
  • Abuse
    sweetmama wrote...
    This story seems to bring out
    January 11, 2013 9:05 am
    the trolls, proudly displaying their ignorance. There were no "clips" in those weapons, as there aren't in weapons that most people carry. And there is no such thing as an insanity defense in America anymore. If Holmes isn't insane, no one is, so the government by default has its hands tied on that one. How can they make sensible laws restricting the mentally ill from firearms when the courts don't recognize a legitimate insanity plea?

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