Colorado theater gunman mentally ill, precluding execution: defense lawyers<p><a href="http://news.yahoo.com/colorado-theater-gunman-mentally-ill-precluding-execution-defense-001049305.html"><img src="http://l.yimg.com/bt/api/res/1.2/fpaNT2g2XI.riN2x_wsJ6w--/YXBwaWQ9eW5ld3M7Zmk9ZmlsbDtoPTg2O3E9NzU7dz0xMzA-/http://media.zenfs.com/en_us/News/Reuters/2013-11-16T001049Z_1_CBRE9AF00I500_RTROPTP_2_USA-SHOOTING-DENVER.JPG" width="130" height="86" alt="James Holmes sits in court for an advisement hearing at the Arapahoe County Justice Center in Centennial" align="left" title="James Holmes sits in court for an advisement hearing at the Arapahoe County Justice Center in Centennial" border="0" /></a>By Keith Coffman DENVER (Reuters) - Accused Colorado theater gunman James Holmes should not be executed if he is convicted of murdering 12 moviegoers because he suffers from a chronic mental illness, defense lawyers said in a court document made public on Friday. The exact nature of the mental illness claimed by Holmes's attorneys is unclear because the full motion was filed under seal. "Motion to strike the death penalty because the state and federal constitutions prohibit the execution of individuals such as Mr. Holmes who suffer from a chronic and serious mental illness," a caption of the pleading reads. Separately, Arapahoe County District Judge Carlos Samour ruled that a warrantless search of Holmes's booby-trapped apartment was legal because police believed there was "an immediate need to protect the lives or safety of themselves or others." Holmes, 25, has pleaded not guilty by reason of insanity to multiple counts of first-degree murder and attempted murder for opening fire inside a suburban Denver cinema in July 2012.</p><br clear="all"/>
Source: Colorado theater gunman mentally ill, precluding execution: defense lawyers (http://news.yahoo.com/colorado-theater-gunman-mentally-ill-precluding-execution-defense-001049305.html)