Murderer James Holmes of Aurora movie theater massacre infamy has pleaded not guilty by reason of insanity. The Denver Post points out today that although the defense can bring in whomever they want from the psychiatry profession to examine their client, the prosecution must ask the judge to approve of whomever they want to examine the murderer, and judges do not automatically grant their request, like they do the defense.
That is bad enough, but here is something even worse. Colorado's out-of-date laws require the burden of proof to be on the prosecution to prove the murderer is sane!
District Attorney George Brauchler rejected a plea agreement of life imprisonment for Holmes. Brauchler believes justice requires death for Holmes. I think Brauchler is right, but now he has to, as the Post editorial says, swim against the stream of Colorado's outdated laws.
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