It is my determination and my intention that in this case, for James Eagan Holmes, justice is death.
George Brauchler, Arapahoe County District Attorney
Well it should come as no surprise. After all, we aren't in Norway. The writing was on the wall that this was the road we would be traveling as soon as the prosecution turned down the public offer of a plea bargain by James Holmes' attorneys last week.
According to a story written by NBC's Erin McClam, Brauchler claims that last week's offer to plead guilty in exchange for taking the death penalty off the table was nothing more than attempt to generate public sympathy for Holmes.
That motive would seem to be a bit of a reach. I mean we are dealing with a geek who appears to have meticulously planned a military style attack for weeks if not months and then carried it out with deadly efficiency. Sympathy for a guy who killed twelve innocent people and wounded 70 is going to be a tough sell to just about the entire population of the United States. The truth probably is that by going public with the plea the defense was not only trying to save their client from the needle, but they were telling the victims and their families this entire horror show could be over quickly and without all the pain and angst of a jury trial. In other words, everyone pick up the phone, call the D.A. and tell him to take the deal so you can get this beast behind you and move forward.
Whether that ploy backfired or not has yet to be seen, but Brauchler wasted no time turning the offer back onto itself and exploiting it. He is quoted by McClam as saying, The only conclusion to be reached from the offer, is that the defendant knows he is guilty, the defense attorneys know he is guilty and both of them know that he was not criminally insane.
Well the first part of that statement belabors the obvious. Hell, everyone knows Jimmy Holmes is guilty. In this case there is no alleged to it. The prosecution's problem is that everyone with half a brain also knows the guy is as crazy as a badger on acid. Brauchler just has to make sure the jury understands the difference between crazy and legally insane. Luckily for him a quick review of Colorado statutes concerning the subject reveals that when a defendant pleads innocent by reason of insanity the burden of proof immediately shifts from the prosecution to the defense. The defense is now going to have to convince twelve men and women, good and true, that their client's mental defects fall within some extremely narrow guidelines. All those weeks or months worth of planning stuff that will come out during testimony is not going to help their argument. To the lay person's eye this looks to be someone who knew exactly what he was doing and knew, without a doubt, that it was wrong.
The trial itself has been delayed until February of next year and a new judge has been assigned to the case. At any point during this danse macabre Brauchler can reverse himself and accept a plea deal that will chuck young Mr. Holmes into a pen for the rest of his life, without any possibility of a parole. It is just a matter of whether he will do it. According to McClam the DA interviewed 800 victims and family members before deciding to pursue the death penalty. District Attorneys are politicians too, so one would assume this course of action is playing to the majority of those he talked to.That will make it harder for him to back out of it, unless large numbers of those he interviewed have changes of hearts over the next ten months, although even then it is unclear whether he would want to or not. An op-ed piece he wrote that appeared in the Denver Post on Sunday paints the picture of a man who isn't the least bit squeamish when it comes to going for the death penalty.
Only two things are certain right now. First is that come February, if the trial does proceed, we will watch an endless parade of psychiatrists called by both sides who will ramble on ad nauseam about studies, mental diseases, child hood traumas and God knows what else. Second, there isn't a jury to be found anywhere on this planet that will acquit if they think there is even a tear drop's chance in hell of James Holmes ever walking free again.
Yes, Jimmy Holmes is going away forever, there is no doubt of that, it is just a matter of how long forever turns out to be for him.
sic vita est
4-1-13
No comments:
Post a Comment