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The decision to use it has been very controversial

A Colorado judge will allow prosecutors to interrogate theater gunman James Holmes using truth serum if he pleads not guilty by reason of insanity.

Holmes is the suspected gunman involved in the movie theater shooting in Aurora, Colorado last July. Holmes has been charged with multiple counts of murder for the open shooting, which killed 12 people and injured another 58.

Colorado Judge William Sylvester ruled that prosecutors have the choice to use truth serum on Holmes in a "narcoanalytic interview" to determine whether or not he was legally insane during the July 20 shooting last year. But this is only if Holmes pleads not guilty by reason of insanity.

A plea of not guilty had been entered for Holmes yesterday after his lawyer said that the defendant was not ready to enter his own plea. Holmes can later change it.


Legal experts have questioned Judge Sylvester's ruling, saying that taking away the fifth amendment rights of the defendant because of an authorization to use truth serum drugs will raise a lot of fifth amendment-related issues.

Also, a jury may object to the court forcing truth serum upon the defendant.

Medical experts have weighed in as well, saying that the defendant still has the ability to lie while using truth serum. They also said that truth serum would be effective at determining Holmes' current state of mind, but a short-acting barbiturate like truth serum would not indicate his state of mind during last year's shooting. It will only loosen him up to talk about it.

"First of all, people can still lie under the influence of amytal," said Dr. August Piper, a psychiatrist from Seattle. "More importantly, the person under the influence of the drug is susceptible to outside suggestion. To try and do this would be unlikely to yield useful information, and could pervert the course of justice by rendering the defendant susceptible to pressure."

It's unclear exactly which drug will be used, but experts predict short-acting sodium amytal.

Sources: NPR, CBS News



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RE: Can't accept this
By Reclaimer77 on 3/13/2013 7:33:25 PM , Rating: 2
quote:
I honestly think this is one of those cases where they just go ahead and execute him for the act, never mind the reason.


Exactly! Does the reason make those people any less shot to hell?

quote:
Fair trial should be given don't get me wrong, but don't they have this guy on camera, as well as arrested him "red handed"?


Pretty much. It's a show trial for all intents and purposes. There's a 0% chance his guilt is in question.


RE: Can't accept this
By SlyNine on 3/14/2013 1:48:50 PM , Rating: 2
I'm glad that we all have a right to due process and that no exceptions are made. To me, this shows that the system still stands for something. Other than to pander to those that have knee jerk emotional reactions.


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