James Holmes was found guilty of first degree murder last Thursday for the deaths of 12 people in the July 2012 Aurora, Colorado shooting. The insanity defense that his team tried proved unsuccessful, and Holmes will now be sentenced for his crimes.

Holmes faced two counts of first degree murder for each of the twelve victims killed during the shooting. The jury found him guilty on all 24 counts. The jury also found Holmes guilty of attempted murder on all of the 140 counts against him for the 70 people wounded in the shooting. Additionally, he was found guilty of one count of possession or control of an explosive or incendiary. He faced a total of 165 charges, a decision that took the jury 12.5 hours to reach. Now the same jurors are faced with the task of sentencing him to death. This process began yesterday. His attorneys are expected to raise his mental illness again during the penalty portion.

Holmes who had pleaded not guilty by reasons of insanity, but admitted to the killings, showed no reaction as the verdict was announced. His attorneys were pushing for him to be committed to a mental hospital for the rest of his life, while state prosecutors were seeking the death penalty.

Even though Holmes did not take the stand, the jury did hear from him via the 22 hours of recorded psychiatric interviews he had at both the Colorado Mental Health institute in Pueblo and at the jail where he is being held. Two defense psychiatrists testified that Holmes suffered a psychotic break the night of the murders and could not discern between right and wrong, but two-court appointed psychiatrists told the jury the defendant was mentally ill, but not insane. While those sound interchangeable, there’s actually important distinctions under the law.

In pleading not guilty by reason of insanity, James Holmes attempted to do something no accused mass shooter in America has done in more than 20 years–win a case with the insanity defense. Holmes faced long odds for a defense that studies show is raised in only about one percent of all felony cases nationally and successful in only about a quarter of those.

Mass shooters very rarely survive their crimes to face court charges. According to a database of American mass shootings in the last 30 years, suspects in only 19 of 61 mass shootings examined were arrested. Others either committed suicide or were killed during the shooting. Of those 19, only four, including Holmes, pleaded insanity.

The reason for the low success rate is the high bar that laws set for the insanity defense. In Colorado, it is not enough for defendants to be mentally ill. Instead, the law defines insanity as having judgment so impaired by mental illness that the defendant could not tell right from wrong. Given Holmes’ vivid plan, this did not appear to be the case.

The primary factor in determining insanity is the intensive mental health evaluations that a defendant pleading insanity is required to undergo. The judge overseeing the case this week ordered Holmes to be evaluated at the Colorado Mental Health Institute in Pueblo. After several hours of evaluations, it was determined that his insanity plea was not plausible.

Evidence shows that Holmes’ plan, to some degree, was thought out beforehand. Holmes bought a ticket 12 days before the July 19 showing, and walked into the theater screening of the “The Dark Knight Rises” like any other movie goer. He then walked out through a rear door, which he left propped open. Just after midnight, about 20 minutes after the movie began, he returned wearing a ballistic helmet, a gas mask, black gloves, and protective gear for his legs, throat and groin. A tear gas canister exploded in the theater, then gunfire erupted from an AR-15 rifle, a 12-gauge shotgun and at least one .40 caliber handgun. The shooting stopped with Holmes’ arrest outside the theater about seven minutes after the first 911 calls were made to police.

Given that evidence of his plan, it was not hard for members of the jury to believe that Holmes did not meet the bar for the insanity defense. “Look at the evidence, then hold this man accountable,” Arapahoe County District Attorney George Brauchler said. “Reject this claim that he didn’t know right from wrong when he murdered those people and tried to kill the others…that guy was sane beyond a reasonable doubt, and he needs to be held accountable for what he did.”

With the jury certain that Holmes does not fit the bill for the insanity defense, it is not clear where their decision will fall in terms of Holmes receiving the death penalty. As one of the largest mass murderers in American history awaits his fate, we will have to see what the jury ultimately decides.

Angel Idowu

Angel Idowu is a member of the Beloit College Class of 2016 and was a Law Street Media Fellow for the Summer of 2015. Contact Angel at staff@LawStreetMedia.com.

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