James Holmes is mentally ill: lawyers

(CBS News) CENTENNIAL, Colo. - Lawyers for James Holmes, the man charged in the Batman movie massacre, said Thursday that Holmes is mentally ill. The disclosure came when the lawyers appeared with Holmes at a Colorado court hearing into the attack that left 12 dead and 58 wounded -- an attack that has left Holmes facing multiple murder charges that carry the death penalty.

It was a one hour and 20-minute hearing in which Holmes didn't seem to be engaged in any way. He sat with his hands shackled and folded in his lap, often just staring at the court house ceiling.

When Holmes first appeared in court July 23, his demeanor and expression raised questions about his mental state.

Colo. shooting suspect James Holmes' lawyers: He's mentally ill

In court Thursday, he seemed little changed. As Holmes stared wide eyed around the courtroom, defense attorney Daniel King referred to him as mentally ill.

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The Colorado massacre suspect

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He told the judge, "We cannot begin to assess the depth of Mr. Holmes' mental illness" until receiving more documents in discovery.

Holmes' orange hair is fading with darker curls growing beneath it. He has grown long sideburns and a mustache.

There was one outburst, a young woman with a shaved head shouted to the judge she had information vital to Holmes defense. Not even that seemed to get Holmes attention as he stared into space.

"He seems like he's crazy, yes definitely," said Miranda Norris, who was in the theater the night of the shooting. "I'm just very angry at him. I just can't understand how somebody can do this to people. How you can go out and murder people?"

Attorney for Colo. shooting suspect James Holmes says the depth of Holmes' mental illness cannot be assessed.

/ Bill Robles

Defense attorneys Thursday also told the court Holmes sought help for his mental illness from University psychiatrist Lynne Fenton. CBS News has learned Fenton reported concerns about Holmes to University of Colorado police. The university has retained attorneys for both Dr. Fenton and the police officer. But with the gag order in place, no one will comment.

The main purpose of Thursday's hearing was to consider a media request to unseal court documents and to reduce the scope of the gag order. Both the prosecutor and defense attorney argued that it was most necessary to keep the information out of public view to ensure a fair trial. No decision was made on that issue Thursday.

Meanwhile, nearly three weeks after the shooting, six people are still in the hospital as of Thursday night. Two of them are in critical condition.

[PorcelainGurl]

James Holmes' lawyer portrayed in this video 0:03 - 0:08 is a total FRAUD. She is not a lawyer. She is Jennifer Greenburg Sexton. She portrayed Sandy Hook parent, "Laura Phelps". These people are all FRAUD and manipulating the media they control.

[Tiredashell]

I think we all got that he was mentally when he did what he did. The question most of us now have is, can he not be held accountable even if he is mentally ill? I certainly hope so. He is not safe around the rest of us. If he has a mental illness serious enough to promote this type of act (for example a psychotic break from schizophrenia), he would have to be medicated for the remainder of his life. Given the risk of non-compliance to medication, he simply could not be depended on to self-medicate. This mandates he, at the very least, spend the rest of his life in prison on a medication regime. I am assuming schizophrenia, because there pretty much isn't anything else any of us would buy as an illness that would allow him to believe this was the right thing to do. I understand from a member of my household who has worked with many patients with schizophrenia, including those who have committed murder, that if this guy is treated, he will likely have great difficulty living with what he did and will have a tendency to either kill himself or try to go off medications not to feel the guilt. This is not a good situation, and whatever they do with this guy, he can't realistically be re-introduced to society unless some drastic new discovery occurs in his lifetime. I am not a fan of killing people, but from what little I know, a life of treatment for schizophrenia in a prison living on the edge of Hell in your own mind knowing that you have become a monster may be more cruel than killing him. Then again, I am not an expert. I suppose we can't consider that option because it could be interpreted as euthanasia rahter than punishment. At any rate, this guy simply can't set foot outside of prison again.

[Kares101]

I feel bad for the victims' families. The court system continues to produce excuses for this poor excuse for a human being. Of course he is not right in the head. Anyone who murders someone is not right in the head. Now he's playing some act in the court room by "spacing out" or not be attentive. He knows exactly what he's doing in the court room just like he knew what he planned to do at the movie theatre. This sickens me. Let him be punished already. He's guilty so it's about time we lock him and quit giving him media attention.

[Mick_from_Amsterdam]

I KNOW WHAT WE SHOULD DO...

If he's found to be "mentally ill" we can just send him to a humane mental health facility where he can get the help he so desperately needs.

Then...after a couple of years of therapy, he can say that he's really, really sorry...and that he'll never do it again.

Then he can be released to resume a productive and fulfilling life as a contributing member of society...

That sound about right?

[Mick_from_Amsterdam]

Or should his victim's families all kick in for his cabfare home too?

[Mick_from_Amsterdam]

DAMN, nolalou2...

I really hate it when an attempt at sarcastic wit sails right over someone's head...

But you should hate it much more...since you're stuck with you!

[credibility2]

We need to take off of the table the insanity defense. It doesn't matter. This guy was in his right mind to plan and execute his murderous rampage. Give him the death penalty and stop this prolonged liberal attempt to compensate for this actions and take his mental state into consideration. He didn't care at all about his victims and we shouldn't care at all about him.

[Filmguy870]

"liberal" attempt. What is liberal about this ploy? The lawyers are doing what they are paid to do...which is to basically lie.

[Thisbudz4OU]

I'm not a psychaitrist or a lawyer, but a few things stand out to me. First, an insanity plea only involves his state of mind during the shooting itself, and its going to be hard to defend that a long, deliberate plan to kill people was a spontaneous act. Secondly, is he capable of standing trial?. I'm betting the answer is yes. Finally, this guy was a Ph.D. candidate in neuro-science. He is certainly smart and cunning enough to try killing people and seeing if he can get away with it. This might be the thinking of a psychotic or sociopath, but those conditions are not excuses for murder. A mental instituion placement will mean he can walk when doctors say he is cured (whatever that means). In any case, I'm not buying what he is selling.

[ladyang]

Him and anyone else who watches faux newz or listens to rush limb ann coulter, bryan fischer, paul ryan, sean hannitty, kkkarl rove, dick chaney! All mentally ill!

[nohater]

he should have been shot dead instead of arrested. these killers are so brave in shooting people like fish in a barrel but when it comes time to pay the price via the death penalty and timely execution, they fold into some iron clad defense. the legal system is quick to protect killers completely forgetting the victims as do some judges, some jurors, some of the general public, certainly state legislators who don't enact tougher laws. crime does pay. this man still eats, breathes, sleeps, gets medical attention and more while his victims turn to dust. crime does pay even if you are caught.

[nighttalk]

Now here is a news flash..."This a**ho&& is insane?"...no $hi*!!!!

[kma smith]

they had him so medicated at that first hearing. sure hope they aren't using that as evidence of his mental status. he's not mentally unable to understand right from wrong....