Judge Gets Agitated After James Holmes' Lawyers Ask For Mistrial
CENTENNIAL, Colo. (CBS4)- The clearly agitated judge in the Aurora theater shooting trial said testimony will continue after he denies a request from the defense for a mistrial.
The request comes after days of videotaped interviews shown in court of a psychiatrist's interview with gunman James Holmes. The defense was concerned their client revealed too much in those interviews.
When asked how many people he believed he had hit in the theater, Holmes answered, "I think i hit maybe 20 people and killed only three people."
Lawyers for Holmes claimed the court allowed their client to incriminate himself. They asked for a mistrial.
"The introduction of these statements violates Mr. Holmes' 5th Amendment privilege against all self-incrimination," said an attorney on the defense team.
Judge Carlos A. Samour denied the motion, saying that court-ordered sanity exams require questions about the crime and that the defense should have objected earlier.
"I'm not going to call a mistrial after the defense forgot or chose to raise this in a timely fashion. It doesn't work like that," said Samour.
The videotaped evaluation was conducted after Holmes has pleaded not guilty by reason of insanity.
With the judge's ruling, the videos continued in court, showing Holmes being asked by court-appointed psychiatrist Dr. William Reid if others might see him more valuable as dead.
"Maybe the justice system because it creates value. The justice system would obliterate that and get it back to zero," answered Holmes.
"Obliterate it by?" asked Reid.
"Killing me," answered Holmes.
Holmes had put his value at the number 13 because he had killed 12 others. He said in jail they call him "baby killer" and "the joker," an identity he claims he did not assume by having bright orange hair.
Holmes has pleaded not guilty by reason of insanity in the shooting that left 12 dead and dozens of others injured in the July 2012 shooting.
Another item that Holmes clarified is the meaning of the infinity symbol with a circle and the number 1 on his calendar and notebook. He said it simply means death.