XPost: misc.survivalism, talk.politics.guns, alt.culture.alaska   
   XPost: alt.survival   
   From: stank@aol.com   
      
   DENVER –  Colorado theater shooting defendant James Holmes must   
   undergo a second psychiatric evaluation at the state mental   
   hospital because the first was "incomplete and inadequate," the   
   judge ruled Wednesday.   
      
   Arapahoe County District Judge Carlos A. Samour Jr. agreed with   
   prosecutors that the first evaluation, conducted last summer,   
   was flawed. Prosecutors are seeking the death penalty, and   
   Holmes' fate likely hangs on whether the jury decides he was   
   sane or insane at the time of the shooting.   
      
   If jurors determine Holmes was insane, he would be acquitted and   
   sent indefinitely to the state hospital. But if they decide he   
   was sane, he could be convicted and sentenced either to be   
   executed or spend life in prison without parole.   
      
   Prosecutors had asked to have doctors of their choosing conduct   
   the new evaluation, but Samour denied that request, ordering   
   that the second evaluation be conducted by the state hospital,   
   but by a different doctor than last time.   
      
   Holmes is charged with killing 12 people and injuring 70 in a   
   2012 attack on a suburban Denver movie theater. He pleaded not   
   guilty by reason of insanity.   
      
   His lawyers have acknowledged he was the shooter but said in a   
   court filing he was "in the throes of a psychotic episode."   
   Colorado law defines insanity as the inability to tell right   
   from wrong.   
      
   The verdict on insanity is up to the jury, but the conclusion of   
   the state hospital's evaluation is critical evidence in that   
   decision.   
      
   The decision to order another evaluation means another delay in   
   the trial, although how long is uncertain.   
      
   Holmes, now 26, is charged with planning and carrying out the   
   assault on 421 people watching a midnight showing of the Batman   
   movie "The Dark Knight Rises" in the Denver suburb of Aurora. He   
   is charged with more than 160 counts of murder and attempted   
   murder.   
      
   Police also say he rigged his apartment with potentially deadly   
   bombs to distract first responders.   
      
   Holmes had been a promising student in high school and college,   
   and in 2011 he enrolled in a Ph.D. program in neuroscience at   
   the University of Colorado, Denver. But he quit the program a   
   few weeks before the shootings. Prosecutors say he had failed a   
   key test.   
      
   http://www.foxnews.com/us/2014/02/19/judge-orders-new-mental-   
   exam-in-colo-theater-shooting/   
        
       
      
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