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James Holmes now maintains he was insane when he went on -- killing Rampage inside the -- theaters last July in his case becomes the first test Colorado sanity statute.
Which was changed in 1999 it requires -- to cooperate with the court ordered psychiatric evaluation by state doctors.
And that's statutes.
Is that if -- defendant is not cooperative.
Then the defense can't call their -- psychiatrists.
And witnesses with regard to -- -- the -- insanity at the trial or at the sentencing phase.
But the prosecution is seeking the death penalty homes attorneys argue it is unconstitutional.
Not to allow him.
To present his own experts during sentencing in -- death penalty case even if he does not fully cooperate with the state psychiatric evaluation.
The defense legitimately.
Wants -- -- -- what is uncooperative.
What does that mean.
Holmes politely says to the psychiatrist.
I have a Fifth Amendment right not to talk to you about the alleged incident in the movie theater I'll talk to about everything else.
But the prosecution says the law is clear and the -- co operate is even clearer.
Otherwise anyone could just call up experts at sentencing who say they're insane it shouldn't be held responsible for killing people.
And then -- that trigger the defense not being able to call witnesses.
That those are big questions.
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