If a judge approves, jurors in the Aurora movie theater shooting case will watch videos from organizations that James Holmes volunteered with as a teen and read passages from an author’s memoir about mental illness.
Those are among the pieces of evidence Holmes’ defense attorneys hope to submit during a possible sentencing phase of his upcoming trial, during which jurors would weigh whether the man whose lawyers admit killed 12 people inside the Century Aurora 16 movie theater should be executed.
The defense also hopes to introduce unspecified video footage during testimony by Holmes’ parents. The footage is part of what the defense says is an effort to show, “the values his parents instilled in him as a child, the values they continue to hold today as a family despite this tragedy, and the values they still endeavor to impart to their son,” according to that was made public Thursday.
Prosecutors have filed seeking to block the defense from introducing the evidence, saying the videos and book passages are inadmissible hearsay or irrelevant.
“The defendant could use this practice to deprive the prosecution of any opportunity of cross-examination, and none of the witnesses would be legally obligated to provide accurate information,” prosecutors wrote in their motion, which .
In their response this week, the defense contends that sentencing hearings have relaxed court rules and that the details are necessary for jurors to get a full picture of Holmes. The defense argues that the book passages, for instance, “would further serve to rebut the common myth that many people have that individuals who are highly intelligent cannot also be mentally ill.”
Neither the prosecution’s motion nor the defense’s response publicly identifies the book or its author. Names of the volunteer organizations and details about the video footage also are redacted.
Jury selection for the trial is scheduled to start Jan. 20. Opening statements likely won’t take place until late May or early June.
Holmes has pleaded not guilty by reason of insanity, meaning jurors first must decide whether Holmes was sane during the theater attack and guilty of murdering 12 people and trying to kill 70 others.
If they do, the same jurors would then consider whether Holmes should face the death penalty.
The entire trial could last until October.
John Ingold: 303-954-1068, jingold@denverpost.com or twitter.com/johningold
