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Tag Archives: current events

Aurora Theater Massacre Jury Selection

dark knight risesJuly 20, 2012 just 18 minutes into the new movie “The Dark Knight Rises” gunfire was opened on the audience. The gunman was dressed in head-to-toe protective gear and many movie goers thought it was part of the movie until the gunman released two tear gas canisters up the aisles of the movie theater. After the canisters exploded, the gunman started firing at the audience. Police recovered an AR-15 rifle, a 12-gauge shotgun and two .40-caliber handguns. 12 people were killed and dozens more injured by the gunman who was taken into police custody minutes later known as James Holmes who was 24 years old at the time.

It is very rare to have a mass shooter in court as most either commit suicide or are killed by the police but James Holmes’s was taken into custody, charged and his trial has started. On January 20, 2015 jury selection began from 9,000 prospective jurors. It is the largest jury pool in U.S history. Of the prospective 9,000 jurors 1 of 50 registered voters in Arapahoe County had a chance of being selected. The prospective jurors will arrive in groups of 250 twice a day and will be asked to complete an 18 page questionnaire. Potential jurors will be called back for individual questioning which is a process that can take up to 4 months to complete. 100 potential jurors will be left after this process and will be questioned in a group session. The jury will consist of the final 12 jurors and 12 alternates which may not be complete until May or June with the trial lasting until October.

James Holmes has been charged with multiple counts of murder and attempted murder and has pleaded not guilty by reason of insanity. If found guilty, jurors will have to decide whether to recommend the death penalty. If found not guilty Holmes would be committed to a mental hospital indefinitely. The case has gone on for so long as the prosecution and the defense are trying to determine if Holmes was insane at the time of the shooting as defined under the Colorado law. Insanity as defined by Colorado law (C.R.S. § 16.8.-101.5) is The person must be “diseased or defective in mind.” This is typically translated as having a mental illness (almost always a psychotic thought disorder like Schizophrenia or Schizoaffective Disorder). To be considered mentally diseased or defective, a condition must “grossly and demonstrably impair a person’s perception or understanding of reality.”

Check back for updates as the trial gets underway. Jury selection is expected to take several months.

by Brittney Jones, Paralegal

Dying with Dignity

thColorado recently rejected a proposal to let terminally ill patients choose to end their lives. Dying patients would have been required to have two physicians sign off on written and verbal requests to end their lives. The patients would need to be able to administer the medication themselves and be found mentally competent.

Only five states have passed a similar legislation- Washington, Montana, Vermont, New Mexico and Oregon. Colorado’s bill would have been based on Oregon’s right-to-die law where 29 year old Brittany Maynard chose that option. More states have started to consider a death with dignity law after hearing Maynard’s story. Maynard was diagnosed with brain cancer in January 2014. In April, 2014 her diagnosis elevated to glioblastoma with six months to live. After months of research, Maynard came to conclusion she would end her life in Oregon with the help of the death with dignity law. Maynard and her family uprooted from California to Oregon where Maynard passed away November 1, 2014. Since Maynard’s death four other states have had pending proposals for the right-to-die law; Colorado (which was recently rejected), Pennsylvania, Wyoming, and California (where Maynard is originally from).

There were mixed feelings about the bill as some people thought the bill would facilitate suicide and take away the patient’s hope for a possible recovery. Others were supporters of the bill saying it is a very personal choice for the patients and terminally patients should be able to choose when and how they die.

Lawmakers had concerns about whether abuse can be prevented by approving a right-to-die law. Family members of the terminally ill patient may try to speak with physicians on behalf of the dying relative even if it’s not what the terminally ill patient wants. If a terminally ill person acquires the medications through proper channels but decided not to take the medication, are there ways to discard the medication so another family member can’t take the prescribed medication?

by Brittney Jones, Paralegal