Paper-The James Holmes Case

Konstantinos Samaras Forensic Psychology: The James Holmes case

The James Holmes Case: Hybris, Nemesis, Tisis

On Friday, July 20, 2012 at 12:37 a.m., James Eagan Holmes entered the Century 16 Theater at Town Center in Aurora, Colorado and indulged into an unprecedented, ruthless massacre that killed twelve people and severely injured fifty-eight others. The extraordinary magnitude of the attack -one of the largest mass murder sprees in American history- traumatized and continues to traumatize a nation that is no stranger to dire massacres like the Columbine High School and the Virginia Tech incidents.

Since June 4, 2013, Judge Carlos Samour Jr. has accepted the defense’s plea that pleads not guilty by reason of insanity. The Judge has warned Holmes of the rights he is giving up by pleading insane and warned him that he will face interviews by state doctors and may also be given truth serum (21). Consequently, the trial has become a question of insanity. The defense states that Holmes has been diagnosed by mental health professionals as insane without disclosing any more information (21). This leaves it to state mental health psychiatrists to confirm or deny the alleged diagnosis and basically determine the future of Mr. Holmes. In my opinion, the insanity plea is Holmes’s best chance to avoid conviction, and possibly the death penalty, which is legal in the state of Colorado. The prosecution has to be careful. The burden of responsibility is in their hands and now, they have to convince the jurors beyond a reasonable doubt that Holmes was sane before and during the time of crime (under the M’Naghten insanity test). In case they fail to do so, Colorado state law dictates that the jury has to confirm the defense’s plea and find him not guilty by reason of insanity.

This paper will attempt to dissect into the numerous aspects of the Colorado massacre and provide a plausible explanation for the events that transpired. By summing up available evidence through the media and utilizing primary literature from academic journals of law and psychiatry, I will pursue to provide an accurate presentation of Holmes’s mental health history and make a preliminary diagnosis of his mental illness that can serve as a nexus to the crime and account for the criminal responsibility of the perpetrator. Since the insanity plea is already put forward by the defense, the mental health diagnosis will be the determining factor of the case’s outcome. Furthermore, this paper will make an effort to supply important information regarding Holmes’s past and give an accurate description of the events leading to this horrific crime. Finally, I cannot stress enough the fact that due to the ongoing nature of the trial and the investigations, the evidence that we have in our hands right now are very limited and it would be irresponsible to state that the conclusions this paper draws are valid.

If there is a chance to understand the motives behind the Aurora theater massacre, we have to carefully examine Holmes’s past history and pay attention to the little bits and pieces that can prove useful. James Holmes was born in 1987 and raised in Castroville, California (1), as the adopted child of Arlene Holmes, a nurse, and Robert Holmes, a mathematician (3). He was a

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fairly normal child, who was a good athlete and aspiring scientist while attending the Westview High School (2). Multiple sources indicate that although he was adopted, he was in very good terms with both his parents and his younger sister. Anthony Mai, a neighbor who grew up in the same neighborhood as Holmes, described his as a shy, solitary and ordinary child with a “very, very nice family” (2). In general, he was “well liked by everyone and trouble to no one” even though he was obviously a lonely type of character (1). Additionally, he was considered to be a bright, goal-oriented teenager who was going to succeed in his pursuit of a scientific career. How did this “quire, strange, albeit talented” (17) teen transform into a mass-murdering Joker?

After graduating from Westview, Holmes attended the University of California-Riverside where he graduated in 2010 with high honors in Neuroscience. The bright, shy kid was on his way of achieving his goal of becoming a researcher and making scientific discoveries that would benefit the world (7). His aspirations were further enhanced when he received a $21,600 grant from the National Institutes of Health to attend a Neuroscience Ph.D. program at the Anschutz Medical Campus of the University of Colorado. Holmes enrolled in the program starting the fall of 2011 but he would never finish it.

Along with Holmes’s flawless educational history from his high school years up until his pursuit of a Ph.D. in Neuroscience, it is important to pay attention to his social background as well. As I mentioned above, during his Westview High School years, Holmes was socially acceptable and never had trouble with anyone. Nevertheless, it was clear that he was not the outgoing type and preferred to confide to himself. Such behavior is definitely not ordinary and usually matches the case for a bright, young high school student. It most certainly did not ring any alarming bells to his family, his acquaintances or the school’s teachers. The most striking irregularity can be traced back to the summer of his high school graduation, right before he was about to go to college, during a summer job at Salk. John Jacobson, the supervisor of the neurobiology lab he was working at, stated that Holmes was “oddly stubborn” and an unusually bad intern who failed to comply with the suggestions he gave him (1). Naturally, a disregarding and almost arrogant Holmes did not do as well as it was expected of him. It was clear he was very intelligent in paper, but his practical skills were that of a mediocre and stubborn student, who did not want to listen to any sort of directions (3). Following that summer of 2006, Holmes went on to pursue his undergraduate degree at the University of California not far away from home. During his undergraduate years, he remained socially introverted and academically successful. There is a lot of information missing about his life as an undergraduate student since the University of California, Riverside refuses to disclose any information to the public unless they are requested by a court order (2). In my opinion, these years are very important in providing a link between the teenager Holmes and the murderer Holmes. The lack of information creates a shroud of mystery that if uplifted, will shed light on very important aspects of his personality. In addition, this claim is reinforced by the fact that many major mental disorders, such as schizophrenia, show the first symptoms between the ages of 18 and 21 (39).

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As mentioned earlier, Holmes continued his academic career by joining a graduate Neuroscience program in Colorado in September 2011 and as far as his social and personality history is concerned, this the crucial point where things went wrong, really wrong. On June 7, 2012, Holmes’s bright academic career went officially downhill, when he miserably failed an oral exam. This exam was part of a standard procedure all Ph.D. candidates undergo as part of their first-year academic evaluation (3). Even though a failure in an oral exam is not a reason to terminate one’s studies, a few days later, Holmes abruptly withdrew from the program with no explanation whatsoever. An obscure darkness, similar to the Joker’s darkness, was descending upon James Holmes.

A glimpse at James Holmes’s psychiatric history is also relevant. During the years he spent in Colorado, Holmes was being treated by Dr. Lynne Fenton, a psychiatrist from the University of Colorado Medical School (27). It still remains unknown when he began his therapy with Dr. Fenton and most importantly what he was being treated for. In any case, the defense has a powerful argument in its endeavor to prove Holmes’s mental illness. It is my firm belief, yet a speculation, that Holmes was being treated for depression or a major depressive disorder. This explains the antidepressants and the anti-anxiety medication found on his apartment by the police after the Aurora theater shootings. The relationship between Holmes and his psychiatrist, Dr. Fenton, is one of utter importance. There are a lot of pieces missing from this particular puzzle, which perplexes the events leading to the July 20 shootings. Once again, there is a legal fight between the prosecution and the defense about the release of potentially confidential information from Holmes’s patient-doctor relationship with Dr. Fenton and, until it is resolved, the pieces we need will remain missing. The prosecutors are seeking any kind of information relative to his termination or withdrawal from school and the defense objects to the release of such records, calling the request a “fishing expedition that needs to be stopped” (35).

An interesting point in this matter is the fact that Dr. Fenton grew increasingly disturbed about Holmes in the months prior to the massacre. In early June she contacted a campus policeman requesting a background check. She also alerted the university’s threat-assessment team about James Holmes being potentially dangerous (27). Nevertheless, Dr. Fenton chose not to detain him on a 72-hour hold for mental health evaluation, which is the standard procedure for such cases. It is obvious that she was contemplating about Holmes posing an immediate threat to himself and others. Interesting question arise: Why did she choose not to confine him? Would the outcome of this tragedy be different if Dr. Fenton acted upon it? Should she be held responsible for her actions? It is grueling to answer these questions and hopefully further evidence by Dr. Fenton’s own testimony will help us in this topic. As a subsequent annotation to the question of responsibility upon this very matter, should the university police –and to extent the university itself- be held accountable for not acting on it? According to evidence, the threat-assessment team of the university simply dropped the case when Holmes officially dropped out of school on June 10 (27). If a doctor was serious enough to break the patient-doctor confidentiality agreement and contact the authorities about a potentially dangerous individual

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around the campus area, then the university police should not have dropped the case the minute it was no longer officially their duty (that is when Holmes officially withdrew).

Finally, the “notebook” aspect is the important piece in the puzzling relationship James Holmes had with Dr. Lynn Fenton. It really “raises as many questions as it answers” (23). Allegedly, the notebook contained stick drawings of some individuals shooting others. Legal analyst Scott Robinson wonders: “Is it a manifesto or an apology? If it includes drawings that are sufficiently deranged as to be from someone who appears mentally ill, it could assist defense in a not-guilty-by-reason-of-insanity defense. If it appears to be the work of someone who knew exactly what they are doing, and they knew it was wrong, that could help the prosecution” (23). Since the defense is pleading not guilty by reason of insanity, the interpretation of the drawings and the other contents of the sent package will be of absolutely crucial importance. Either the prosecution will gain the advantage or the defense will get the upper hand in the insanity plea. The questions raised are a natural product of the vague and scattered information provided by the media with regards to the details of the circumstances in which the package was sent. When and where was the package sent? When did the package arrive and when was it actually opened? A source from the Business Insider claims the package went unopened until the Monday after the shooting took place (25). While the timeline is important, the substantial aspects of the notebook are the drawings and their interpretation. On June 10, 2013 the notebook was accepted as evidence by the court even though defense lawyer Daniel King claimed the notebook is “protected by a doctor-patient relationship.” I believe this is a definite win of the prosecution, which is trying to prove that Holmes was sane beyond a reasonable doubt. Interestingly (it is actually among only five states utilizing the M’Naghten insanity test), Colorado state law dictates that the burden of responsibility falls on the prosecution when it comes to insanity pleas. The prosecution has to prove, beyond a reasonable doubt, that the defendant is not insane and thus should be held criminally responsible for his crime (37). Usually, after the infamous case of John W. Hinckley, Jr. (6), the burden of responsibility falls on the defense, which is obliged to prove the perpetrator is insane beyond a reasonable doubt.

Moving on, regardless of the drawings, the act of sending the notebook to Dr. Fenton should be evaluated and taken into consideration for the James Holmes case. Brian Levin, a professor of criminal justice says that “it may very well have been a last-ditch cry for help or recognition… a cry for validation” (23). Maybe he just wanted to grab Dr. Fenton’s attention and threaten to act on it. Also choosing his psychiatrist as the recipient was not accidental but deliberate. There is a strange dynamic between mental doctors and their patients especially those suffering from a major mental disorder and not just a personality disorder or the standard, small-scaled depression, for instance. Furthermore, the package along with other evidence may be signs of contemplation. Although he had all his arsenal of weapons and ammunition assembled at that point, there is a chance he might not have gone through with it. This is the only logical explanation as to why he sent the package to Dr. Fenton considering that the drawings did not reflect any sort of political manifesto and they were not the product of paranoid, persecutory

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delusions (like in the case of Cho in the Virginia Tech Massacre). This explanation is further backed up by the alleged phone call Holmes only nine minutes before he entered the Aurora 16 Century Theater armed. Unfortunately, Dr. Fenton was unable to take that call and stated that she was unaware that Holmes tried to contact her before the attack (34). Finally, I have to mention, once again, the importance of this relationship, which should be scrupulously scrutinized to the very last detail!

I believe that more insight on Holmes’s personality and social/mental history can be gained by briefly examining his sexual background. The fact that he was shy and introverted comes along with the scarce evidence we have in our hands that point out his inability to engage in sexual relationships with fellow students or maintain a long-term relationship. On the contrary, there is evidence of him hiring a prostitute in two separate occasions, once in August 2011 and the other in May 2012 (10). Apparently, Holmes was obsessed with her red hair and “would grab her and sniff it” (10). The prostitute claimed that his attitude was strikingly different the second time they met, two months before the massacre. She saw “two sides, like Jekyll and Hyde” (10). The conclusions we can draw from this testimony is that Holmes’s mental state was progressively deteriorating or at least it appeared so. The second time he met with the prostitute he was violent, authoritarian and eager to dominate over the woman. It is plausible that this was a manifestation of a psychotic/manic disorder that he had developed over the year or simply acting up at that particular time. Also, hiring prostitutes hints loneliness and social isolation. This is highlighted by the fact that only a couple of weeks before the shootings, he hired “paid love” just to keep him company and he was unable to perform sexually (10). Additionally, with regards to Holmes’s sexual history, evidence suggests that he maintained a profile in an online dating site called “Adult Friend Finder” (3). A post recovered from the aforementioned online dating profile depicts a man with dyed red-orange hair who appears to be Holmes. Below the photo, Holmes wrote: “Will you visit me in prison?” (3). The validity of the online profile still remain unclear, but if it proves to be real, it will greatly assist the persecution in their attempt to demonstrate that Holmes’s actions were premeditated, planned and the outcome of the thinking of a sane man, who actually knew right from wrong and also knew the consequences of his actions. This little piece of evidence is substantial for the state and can be a huge blow to the defense, which has entered the not-guilty-by-reason-of-insanity plea. Lastly, the dating profile is the only digital footprint Holmes left, as he did not maintain a Facebook or a Twitter account (8).

James Holmes’s history will be useful in our attempt to make a preliminary diagnosis of his mental illness and whether it will stand to support the insanity plea put forward by the defense. Before doing so, I will provide a brief timeline of the actual crime and the period of time leading to the shootings by summing up all the accounts published in the media. It is important to take a look at the actions of Holmes in the months prior to the massacre to evaluate his mental state. Obviously the crime was planned in advance; but what does this actually depict? Were Holmes’ actions the actions of an insane individual under a manic psychosis? Was he aware of his

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actions? The crime preparation timeline will be a matter of immense debate between the prosecution and the defense to support or strike down the insanity plea.

It is now certain that Holmes began assembling his arsenal of weapons and ammunition about two months before the theater shootings. On May 22, he “made his first purchase in preparing for the attack: a .40-caliber Glock 22, from the Gander Mountain store in Aurora, Colorado” (1). A week after his first purchase he purchased a “Remington Model 870 shotgun at Bass Pro Shop in Denver, Colorado” (1). Needless to say he passed both background checks, since his only dealing with the law was a mere traffic violation a few years back. Then on June 7, just hours after fatally failing his oral exam, he made two more purchases: “a Smith & Wesson Military and Police15 semi-automatic rifle, and yet another .40-caliber Glock 22” (1, 17). In addition to his lethal weapons, Holmes purchased all the ammunition he required online: 3,000 rounds of .40-caliber ammo, 3,000 rounds for the M&P semi-automatic and 350 shotgun shells for the Remington (1). Just weeks before the attack, Holmes also purchased a Blackhawk Urban Assault Vest along with two magazine holders and a knife (1). In addition, he purchased all the chemicals and the explosives necessary to booby-trap his apartment. It is still unclear how he got hold off the explosives and how did he acquire the knowledge to create this intricate, lethal explosive mechanism, which took the Colorado Police nearly two days to dismantle (1). The funding for his deadly army came from the scholarship money he received for his academic excellence: A $21,600 scholarship from NIH and $5,000 stipend from the university (25). Aurora Police psychologist, John Nicoletti, believes that this was a “proactive, premeditated attack behavior” that Holmes exhibited (7). Whether it was the product of a major mental illness is another question, which still remains terra incognita. In addition to Nicoletti’s sayings, Aurora Police Chief Daniel Oates stated that they have “solid evidence of calculation and deliberation” (7). Holmes’s apartment complies with what Nicoletti and Oates believe to be the actions of man, who precisely and deliberately calculated his actions leading to the shootings. Inside Holmes’s lethal apartment, Aurora police found elaborate “incendiary devices” including multiple gallons of gasoline, aerial shells and a stream of wires connected to a “control box” in the kitchen unit (3). The bomb technicians of the Aurora Police stated that had this “death trap” system been detonated, the buckets of gasoline would have created a fire that would kill anyone attempting to enter the apartment. Holmes’s apartment was specifically designed by him to kill. All the above evidence raises some vital questions, which are the subject of this entire paper: Was Holmes mentally stable/aware while deliberately and diligently planning his massacre? Can his mental illness stand for the insanity plea put forward by the defense?

“Meticulous planning doesn’t necessarily mean a defendant is sane,” said Dr. Howard Zonana, a professor of psychiatry and adjunct professor of law at Yale University (13). This will, most likely, also be the defense’s stance against the prosecutors. But does it mean that he was sane enough to carefully plan and orchestrate the shootings and booby-trap the apartment with sophisticated exploding mechanisms? The prosecution definitely believes so and that will be their antithetical argument to convince jurors beyond a reasonable doubt that Holmes was, in

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fact, sane. This brings into discussion the concept of the “Burden of Proof,” which is the “legal obligation of one side –prosecution or defense- to convince the jury to some specified degree of certainty that their depiction is true.” (36) This was one of the provisions that toughened the barriers to the insanity defense following the Hinckley fiasco. Although in most states, the burden of proof shifted from the prosecution to the defense (after the trial of John Hinckley Jr.), that was not the case for Colorado. The burden of proof remains on the prosecution to prove, beyond a reasonable doubt, that a defendant is sane. This is absolutely necessary to convict Holmes. If they fail to do so, “state law requires the jury to find him not guilty by reason of insanity,” (13) which is the plea entered by the defense lawyers since June 4 2013 (29). Steven Pitt, a forensic psychiatrist who consulted on the 1999 Columbine High School shooting also agrees that Holmes is mentally disturbed: “I don’t know if this guy was mentally insane or if he was the epitome of evil, but I can promise you that as additional information comes out, a picture will be painted of a very disturbed individual even before he committed this act” (3).

Using the crime timeline and Holmes’s history, which is provided in detail above, I will now set about to offer my opinion on his mental illness, the link of the illness to the crime and whether the not-guilty-by-reason-of-insanity plea can attributed to Holmes’s mental illness.

“The question is not whether or not he’s mentally ill,” says Pete Maguire, a former Colorado prosecutor. “The question is whether he is legally insane under the stature” (21). Nonetheless, it is interesting and useful to provide a personal potential diagnosis. To begin with, I firmly believe that any person capable of such a crime is mentally ill and has to be held accountable for his actions. Of course, the extent and severity of his punishment has to be decided in the court of law. Holmes was a very disturbed individual even before he committed this act definitely. Earlier in this paper, I described multiple incidents that highlighted his awkward social behavior. Unfortunately, with the exception of the events that transpired the final months before the shootings, the rest of the incidents did not waive any red flags for this disturbed individual. In fact, they were misinterpreted as signs of just a shy, introverted, smart young man, who merely preferred to keep to himself. Actually claiming that there were misinterpreted signs is easy and pointless to do after the outcome of the attack. The fact that he was extremely shy and confided to himself may indicate a form of depression, which started from his early adolescent years. This is endorsed by his mother’s concern about his social isolation ever since he was a child. In addition, looking at Holmes’s past, there is a sense of arrogance in the way he handled his academic success or at least that is how he came off to the rest. The first reported incident comes from his summer job right after high school graduation, where he came off as stubborn and absolute in his ways. Later on, there were incidents where he would refuse to elaborately answer his professors’ questions. This hints a narcissistic personality disorder, which is an Axis-II disorder under DSM-V (Diagnostic and Statistical Manual of Mental Disorders). The final act of his narcissistic psychosis can be the shooting of what he thought were inferior individuals. Although there are narcissistic traits in Holmes’s character, I do not believe he suffered from a narcissistic disorder and, let alone, this was not his major mental problem.

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I stand by the argument that we have to focus on Holmes’s adolescence to find the root of evil. His most recent horrific actions can be traced back to his troubled past. This is what forensic psychologist, J. Reid Meloy, also believes: “The shootings represent the endpoint of a long and troubled highway that in hindsight was dotted with signs missed or misinterpreted” (17). In my opinion, Holmes suffered from a personality disorder that gradually peaked and became a major mental illness. Had he received the right treatment before leaving California there would be no massacre. Thus, the illness to keep from his teenage years is depression and that is what he is being treated for by Dr. Lynn Fenton. It still remains unclear what kind of depression he was being treated for, but evidence suggests it was some form of manic depression paired with anxiety. In early July 2013, Holmes sent a cryptic text to another graduate student and asked her whether she had heard of “dysphoric mania.” She replied and Holmes warned her to stay away from him because he was bad news (17, 20). Was he treated for dysphoric mania as well by Dr. Fenton? It might be the case. Regardless, this brings dysphoric mania into the equation. Dysphoric mania can be defined in broad terms as “a state in which coexist simultaneously depressive and manic symptoms (mixed state), also known as agitated depression or a mixed episode” (11). It is a form of bipolar disorder that “combines the frenetic energy of mania with the agitation, dark thoughts and paranoid delusions of major depression” (17). One might say that there is an interesting link between depression and the bipolar disorder termed “dysphoric mania:” it is basically a depression gone terribly, terribly bad. This plausible explanation has a Catch-22 though. “In some cases, psychiatrists unaware of the risks prescribe anti-depressants for patients with dysphoric mania, drugs that can make the condition even worse,” says Dr. V Reus, professor of Psychiatry at the University of California, San Francisco. The anti-depressant medication may pacify the symptoms of depression but at the same time they exacerbate the manic aspect and the frenetic energy that comes along with it. So assuming that Dr. Fenton was treating Holmes for depression, the prescribed medication may have caused unspeakable damage to his paranoid, delusional self. Consequently, I believe that Holmes is suffering from dysphoric mania, which by definition includes agitated depression and manic symptoms. But is that all? Should we consider schizophrenia in Holmes’s diagnosis?

The defense will definitely do so, since an Axis-I mental disorder such as schizophrenia can account for insanity and that is exactly what they are pleading for. Schizophrenia belongs to the larger group of psychotic disorders, which include serious illnesses that affect the mind. It alters a person's ability to think clearly, make good judgments, respond emotionally, communicate effectively, understand reality, and behave appropriately (39). This absolutely complies with Holmes’s behavior after the crime and during the crime. But the main question is whether this was the case at the time of the crime. Additionally, Holmes’s intense and detailed preparation before the shooting on July 20 provides evidence of someone who is not suffering from any kind of schizophrenia. There is no solid evidence to suggest that at the time of the preparation he was disoriented, which is usually the case in paranoid schizophrenia or disoriented-type schizophrenia. Therefore, I do not believe Holmes is suffering from schizophrenia. The symptoms of schizophrenia he exhibits are a product of the schizoaffective personality disorder

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he is suffering from. This ties in together the depression described earlier, the manic delusional symptoms of manic dysphoria and the schizophrenia-like attributes of his personality.

People with schizoaffective personality disorder exhibit symptoms of both schizophrenia and a mood disorder, such as major depressive disorder or bipolar disorder (39). In my opinion, Holmes ties perfectly into this description. As mentioned earlier, his mental instability started off as a minor depression; he was just a shy teenager who lacked social skills and kept largely to himself. It is reasonable to say that his loneliness and relative social isolation led him to devote himself to school and strive to excel academically. It may have been a way to communicate his bright personality to the outer world. Gradually, his social isolation built up. He was not getting along with any of his peers in particular and had no close friends to verbalize his feelings; meanwhile, he was away from his family, which was worried about his solitude (especially his mother Arlene) but did not take any drastic measures. This isolation greatly contributed to the depression from which he was suffering and evolved into a dysphoric mania. The depression became, at that point, a serious issue, as it brought out the dark side of Holmes’s personality. Although he did not communicate it directly at school, people could tell that there was obviously something wrong. “Sometime in the spring, he stopped smiling and no longer made jokes during class presentations, his behavior shifting, though the meaning of the changes remained unclear” (17). The now agitated depression was paired with schizotypal paranoid delusions that led to the manic part of dysphoric mania. For instance, the incident with the prostitute highlights probably a manic episode in which Holmes exhibited the frenetic energy of his disease. He was demonstrating a dysphorically excited and irritable, angry mood (11) during intercourse, which made the prostitute describe him as having a “Mr. Jekyll, Dr. Hyde” personality (10).

To sum up, I believe Holmes is suffering from schizoaffective personality disorder that consists of a bipolar disorder (manic dysphoria) and schizotypal elements of schizophrenia. Additionally, he is suffering from a major depressive disorder, which is built into the term “manic dysphoria” as described earlier. I do not believe he is suffering from paranoid schizophrenia as a major mental disorder. The lack of any persecutory ideas in combination with the lack of auditory or visual hallucinations is strong enough evidence to direct us away from the diagnosis of pure schizophrenia. Nevertheless, as described above, Holmes indicates numerous symptoms of schizophrenia such as confused thinking, disorganized and incoherent speech, problems at school, severe mood swings (manic dysphoria) and a cold, detached manner in his expression of emotions (39). Evidence for the last symptom came as early as February 2011 when Holmes was attending the university’s recruitment weekend. A graduate student said she was struck by his nonchalant character. “He just seemed too cool to be there. He kicked back in his chair and seemed very relaxed in a very stressful situation” (17). Evidence for incoherent and disorganized speech also arises from the “bizarre, Batman-inspired” (7) voicemail Glenn Rotkovich, owner of a gun range in Aurora, heard when he tried to contact Holmes regarding his request to join the Lead Valley gun range. “It was bizarre and intentional,” he said (3).

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James Holmes is obviously suffering from a mental illness. The main enquiry about this case is whether it will be a major enough illness to support the insanity plea put forward. In order to make assumptions about this matter, we must pay close attention to the insanity defense and the corresponding insanity test that is applied in the State of Colorado. But before we do so, it is important to understand the term “insanity” itself. Insanity is not a medical term but rather a legal term. Black’s Law Dictionary defines it as “any mental disorder severe enough that it prevents a person from having legal capacity and excuses the person from criminal or civil responsibility. It is a disorder that impairs the human mind and prevents distinguishing between actions that are right from wrong.” (36) In the James Holmes case, the defense has appealed to legal insanity as a means of evading criminal responsibility for the massacre. Thus, the defendant is pleading insane and not guilty by reason of insanity to avoid criminal responsibility for his actions, since he claims he did not right from wrong. In order to emphasize the “knowing right from wrong” aspect of legal insanity, it is important to understand the insanity defense point of view. “The Insanity Defense of Not Guilty by Reason of Insanity us the defense used by some mentally disordered defendants who do not have the capacity for understanding right and wrong at the time of their criminal act” (36). While it is easy to draw the conclusion that the insanity defense can manipulate the legal system to overthrow a conviction, the reality is much different. The truth is, according to Torry (36) that “the insanity defense is used in only 1% of criminal cases, and it is used successfully in only 10-25% of those.” Moreover, defendants who are found insane generally spend as much or more time in state custody than their criminally convicted counterparts (36). In order to accept or reject the insanity plea, an insanity test is performed that is emphasized on “knowing right from wrong.” The most widely utilized insanity test is called the M’Naghten Test, which was established after the 1843 case of Daniel M’Naghten, a Scottish woodcutter who assassinated the secretary to the Prime Minister (36). M’Naghten’s delusions had deprived him of all restraint over his actions. Is this the case for James Holmes?

Colorado uses the M’Naghten Test for insanity and has a built-in “irresistible impulse” clause. The purpose of adding this clause was to “extend the insanity defense beyond the narrow cognitive parameters of M’Naghten” (14). This is an alternative to the cognitive-only M’Naghten rule and adds a volitional component in the equation: “An irresistible impulse can remove reason, and therefore, the ability to know or choose between right and wrong” (36). This is also referred to as the “policeman-at-the-elbow” test for insanity (36); the accused would probably commit the act even if a policeman had been at the accuser’s elbow. The irresistible impulse clause is utilized in many states that use the widely acclaimed M’Naghten test, “because of its failure to include a provision for volitional control” (12). So to sum up, the irresistible impulse test is not a test of impulsiveness; a desire may be irresistible, but not impulsive (12), which is the matter of discussion in this case. The main problem of the irresistible impulse insanity test is that it often proves impossible to distinguish between “behavior that the agent did not control and behavior that the agent could not control” (12). Was Holmes mentally ill to the extent that he was unable to prevent himself from killing all those people? It is my assertion that Holmes will not pass the irresistible impulse test. Frankly, I believe he would never pass it in a million years.

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It is obvious that Holmes was very well aware of his crime and the fact that it is unlawful and unacceptable to perform his crime in front of the policemen. This is highlighted by the fact that “Holmes put up no fight in the parking lot” (25) when the police arrived. It is further emphasized by the premeditated and detailed preparations which were carefully planned to draw little attention and the lack of suicidal ideation. He was aware he was doing something wrong and he also contemplating about backing out nine minutes before the massacre. If he could not control his behavior, he wouldn’t have thought twice. As a result, the volition part of the criminality, which is tested by the irresistible impulse test, will show that Holmes was mentally sane and that he could exercise self-control (36); but he didn’t. But will Holmes pass the cognitive M’Naghten insanity test? Did he know right from wrong at the time of the crime?

The crime has two components: evil intent (mens rea) and action (actus reus). The intent requires purposely committing the act that is proposed to cause harm. Additionally, when “an offender’s mental state is so deficient as to have deprived him of rational intent” (36) then we have negation of mens rea. It is often the case that mens rea and insanity go hand in hand. In the case of bifurcated trial, the two part defense is that the defendant is not guilty by reason of insanity and that he lacked the intent to knowingly commit the crime. The latter is definitely not the case for Homes and the defense lawyers are aware of that. Hence, they will not appeal to mens rea negation.

Now, “the time of the crime” is an essential period of time in this case. The outcome of the insanity plea will “rest largely on Holmes’s mind-set on the night of the shooting” (20). Before investigating about whether Holmes’s insanity plea will hold, let’s take a look at the insanity plea nature in the legal system. Insanity is always paired and associated with the defense; it is a “defense” in the sense that, “if used successfully, the defendant is not convicted, but is found not guilty by reason of insanity. (32) The insanity defense goes to the “heart of the complex concept of responsibility in the law” (32) since insanity acquitters are non-criminally responsible for the crime, even though they clearly committed the crime. All “not-guilty-by-reason-of-insanity” standards begin with the “requirement that the defendant, at the time of the crime, be suffering from a mental disorder” (32). Furthermore, they all require a “significant impaired practical functioning” (32) at the time of the crime. Finally, there has to be a causal link (nexus) between the mental disorder and the impaired functioning (32). Holmes was suffering from a kind of mental disorder at the time of the crime and all his actions depict impaired functioning. The problem for the defense is to show the link between the two. Contradictorily, the prosecution must, by all means, break down this link and thus terminate the insanity plea put forward by the defense.

Under the M’Naghten rule, the defendant must have been “laboring under such a defect of reason, from disease of mind, and not to know the nature and quality of the act he was doing; or if he did know it, that he did not know what he was doing was wrong” (26). Assuming our preliminary diagnosis is correct, we have to discuss whether the schizotypal personality disorder can account for Holmes not knowing right from wrong. In other words, if Holmes’s mental

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disorder can be linked to the crime and justify it, then he is not guilty and mentally insane according to the M’Naghten insanity test. If not, then he is sane and thus guilty. The premeditative and preparatory actions Holmes took suggest that he did not right from wrong and he was actually aiming at doing wrong. Additionally, the fact that he surrendered himself to the police right after the shootings portrays a man, who undoubtedly knew he had committed a crime that was “wrong” and not “right.” Focusing on his mental status during the time of the crime, we can state that he was aware of his actions. After entering the theater, Holmes walked out of the emergency door and went to his car; he “changed into the SWAT gear, including a ballistic helmet, a gas mask, a tactical ballistic vest, leg protectors, throat protector, groin protector, and tactical gloves,” (1) reentered the theater carrying his weapons, and finally started shooting at the crowd. Holmes’ actions indicate that he was aware of what he was doing and by no means was he under the influence of a hallucinogenic incident. This complies with the absence of schizophrenia and the lack of intense visual or auditory hallucinations. Furthermore, witness testimonies specify that “when he went into the theater, he morphed into a monster, selecting his victims.” He would shout, “What are you doing? Stand up!” (25) These accounts suggest that he may have been in a psychotic/manic state. Does being in a psychotic state qualify for temporary insanity though? According to DSM-IV, psychosis does not prevent a person from distinguishing between actions that are right from actions that are wrong (36). Therefore, psychosis does not equal insanity and it is possible for a defendant to be psychotic/manic but not considered insane (36). I consider that this bodes well within the Colorado shooter, James Holmes.

Finally, it should be briefly noted that there is no issue of competency to stand trial in this case. Holmes is absolutely aware of the legal proceedings and this can be depicted by the fact that he asked for a lawyer (29) and at one point he leaned over to tell something to his lawyer and smiled (34).

Consequently, it is my firm belief that Holmes’s schizoaffective personality disorder does not suffice for proving insanity. The not-guilty-by-reason-of-insanity plea will not stand. Instead the verdict will be “guilty by mentally ill.” Thus Holmes does suffer from a mental illness but “not one so severe as to eliminate criminal responsibility” (32). As a result, he will be convicted and given a criminal sentence (36). His mental illness will be the basis for mitigation in the post-trial phase and I believe that the jury will acknowledge “diminished responsibility” (5). The mental health evaluations used prior for the insanity defense part will be utilized to establish mitigating psychological factors and decrease the severity of the punishment in a “plea bargaining” stage of the trial.

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Documents

Paper-The James Holmes Case