海角大神

The judge in the Colorado聽movie theater shooting case on Tuesday granted a defense request that cameras be banned from the courtroom during the defendant鈥檚 next appearance Monday, strengthening an information blackout that is descending on the legal process.

Late Monday the judge issued a gag order, limiting what the聽Aurora police as well as the district attorney and defense lawyers can say about the emotionally wrenching case.

Nonetheless, as the information curtain falls, public interest in the proceedings is rising, especially after聽suspect James Eagan Holmes鈥� dramatic televised聽court appearance Monday, in which he appeared disoriented and disconnected. Legal observers say the death penalty and the insanity defense are sure to be at issue in this high profile case.

Some observers say that prosecutors, without doubt, will seek the death penalty.

鈥淧rosecutors have to go through the exercise of making a determination,鈥� says a former federal prosecutor, Jacob Frenkel, but this is what he calls an intellectual exercise, adding that the outcome is virtually certain.

鈥淭he decision not to seek the death penalty would be far more intensely聽scrutinized and criticized聽than the more logical and expedient聽decision to seek it,鈥� he says.

Before the information blackout, Colorado District Attorney Carol Chambers told reporters Monday that the death penalty was a possibility. But Colorado law, like many other states, directs that the decision be made in consultation with the families of victims.

This is in part to prevent a potentially difficult scenario聽during the penalty phase of a trial, points out Drexel University law professor Daniel Filler. 鈥淵ou would not want the uncomfortable situation of having a victim oppose the death sentence and appear in court during sentencing to argue against it,鈥� he says.

However, points out Mr. Frenkel,聽the fact is that there is such a level of outrage and so many victims 鈥渢hat the number of families that will clamor for the death penalty聽would far outweigh聽a lone dissenting voice.鈥�

As the defendant awaits formal charges 鈥� currently scheduled for July 30 鈥� several questions come into play, says former prosecutor Doug Godfrey, professor of law At Chicago-Kent College of Law.听

First, he says via e-mail, 鈥淚s he fit to stand trial?鈥�

This is a very easy burden to meet, he notes, pointing out that all that has to be demonstrated is that the accused knows the nature of the charges against him, knows the nature of the forum where he is facing those charges, and can communicate with his defense attorney.

Unfitness is a聽difficult thing for defense lawyers to prove, agrees James Silver, a former federal prosecutor and co-author of "Almost a Psychopath," an investigation of borderline personalities. But it might be something they try here, he adds.听If Holmes were to be found incompetent, he could not be tried until he is found to be competent, which might take treatment, medication, and a long time (possibly months to years),鈥� he says via e-mail.

鈥淲hile the defense attorney may ask for a fitness examination by a psychologist or psychiatrist, the accused will probably be found fit,鈥� unlike the recent Arizona case, says Professor Godfrey.听The man who shot Congresswoman Gabrille Giffords and others in Arizona was found unfit 鈥渁nd this stopped the process against him.鈥�

Colorado聽has a particularly high bar for聽the聽insanity defense, points out Susan Rozelle, professor of law at Stetson University College of Law in South Gulfport, Fla.

The insanity test, by which a defendant might be found not guilty by reason of insanity, is hard to satisfy in general, and in Colorado the test is especially difficult, she notes.听The person has to suffer from a 鈥渟everely abnormal mental condition [that grossly and demonstrably impair[s] a person's perception or understanding of reality [such that he is] incapable of distinguishing right from wrong,鈥� she says via e-mail. That limits the defense to very few and very ill people indeed, she adds.

Despite what the public might believe, adds Mr. Silver, 鈥渢he insanity defense is rarely used (only in about 1% of cases nationally) and it is rarely successful (less than 25% of the time).鈥�

While these are the main legal issues, Godfrey points out that the state will, undoubtedly, add many charges against the accused. Given the number聽of weapons, victims, and bomb making materials, there could be as many as 100 charges.

The federal government could also charge him with federal offenses, he adds, such as bomb making and obtaining weapons via interstate commerce, although this will be further down the line. 鈥淚t will let the state go first because of the number of victims and the impact on the community,鈥� he adds.听