Paper-The James Holmes Case

Konstantinos Samaras ForensicPsychology:The JamesHolmescase
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The James Holmes Case: Hybris, Nemesis, Tisis
On Friday, July 20, 2012 at 12:37 a.m., James Eagan Holmes entered the Century 16 Theater at
Town Center in Aurora, Colorado and indulged into an unprecedented, ruthless massacre that
killed twelve people and severely injured fifty-eight others. The extraordinary magnitude of the
attack -one of the largest mass murder sprees in American history- traumatized and continues to
traumatize a nation that is no stranger to dire massacres like the Columbine High School and the
Virginia Tech incidents.
Since June 4, 2013, Judge Carlos Samour Jr. has accepted the defense’s plea that pleads not
guilty by reason of insanity. The Judge has warned Holmes of the rights he is giving up by
pleading insane and warned him that he will face interviews by state doctors and may also be
given truth serum (21). Consequently, the trial has become a question of insanity. The defense
states that Holmes has been diagnosed by mental health professionals as insane without
disclosing any more information (21). This leaves it to state mental health psychiatrists to
confirm or deny the alleged diagnosis and basically determine the future of Mr. Holmes. In my
opinion, the insanity plea is Holmes’s best chance to avoid conviction, and possibly the death
penalty, which is legal in the state of Colorado. The prosecution has to be careful. The burden of
responsibility is in their hands and now, they have to convince the jurors beyond a reasonable
doubt that Holmes was sane before and during the time of crime (under the M’Naghten insanity
test). In case they fail to do so, Colorado state law dictates that the jury has to confirm the
defense’s plea and find him not guilty by reason of insanity.
This paper will attempt to dissect into the numerous aspects of the Colorado massacre and
provide a plausible explanation for the events that transpired. By summing up available evidence
through the media and utilizing primary literature from academic journals of law and psychiatry,
I will pursue to provide an accurate presentation of Holmes’s mental health history and make a
preliminary diagnosis of his mental illness that can serve as a nexus to the crime and account for
the criminal responsibility of the perpetrator. Since the insanity plea is already put forward by the
defense, the mental health diagnosis will be the determining factor of the case’s outcome.
Furthermore, this paper will make an effort to supply important information regarding Holmes’s
past and give an accurate description of the events leading to this horrific crime. Finally, I cannot
stress enough the fact that due to the ongoing nature of the trial and the investigations, the
evidence that we have in our hands right now are very limited and it would be irresponsible to
state that the conclusions this paper draws are valid.
If there is a chance to understand the motives behind the Aurora theater massacre, we have to
carefully examine Holmes’s past history and pay attention to the little bits and pieces that can
prove useful. James Holmes was born in 1987 and raised in Castroville, California (1), as the
adopted child of Arlene Holmes, a nurse, and Robert Holmes, a mathematician (3). He was a
fairly normal child, who was a good athlete and aspiring scientist while attending the Westview

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High School (2). Multiple sources indicate that although he was adopted, he was in very good
terms with both his parents and his younger sister. Anthony Mai, a neighbor who grew up in the
same neighborhood as Holmes, described his as a shy, solitary and ordinary child with a “very,
very nice family” (2). In general, he was “well liked by everyone and trouble to no one” even
though he was obviously a lonely type of character (1). Additionally, he was considered to be a
bright, goal-oriented teenager who was going to succeed in his pursuit of a scientific career. How
did this “quire, strange, albeit talented” (17) teen transform into a mass-murdering Joker?
After graduating from Westview, Holmes attended the University of California-Riverside where
he graduated in 2010 with high honors in Neuroscience. The bright, shy kid was on his way of
achieving his goal of becoming a researcher and making scientific discoveries that would benefit
the world (7). His aspirations were further enhanced when he received a $21,600 grant from the
National Institutes of Health to attend a Neuroscience Ph.D. program at the Anschutz Medical
Campus of the University of Colorado. Holmes enrolled in the program starting the fall of 2011
but he would never finish it.
Along with Holmes’s flawless educational history from his high school years up until his pursuit
of a Ph.D. in Neuroscience, it is important to pay attention to his social background as well. As I
mentioned above, during his Westview High School years, Holmes was socially acceptable and
never had trouble with anyone. Nevertheless, it was clear that he was not the outgoing type and
preferred to confide to himself. Such behavior is definitely not ordinary and usually matches the
case for a bright, young high school student. It most certainly did not ring any alarming bells to
his family, his acquaintances or the school’s teachers. The most striking irregularity can be
traced back to the summer of his high school graduation, right before he was about to go to
college, during a summer job at Salk. John Jacobson, the supervisor of the neurobiology lab he
was working at, stated that Holmes was “oddly stubborn” and an unusually bad intern who failed
to comply with the suggestions he gave him (1). Naturally, a disregarding and almost arrogant
Holmes did not do as well as it was expected of him. It was clear he was very intelligent in
paper, but his practical skills were that of a mediocre and stubborn student, who did not want to
listen to any sort of directions (3). Following that summer of 2006, Holmes went on to pursue his
undergraduate degree at the University of California not far away from home. During his
undergraduate years, he remained socially introverted and academically successful. There is a lot
of information missing about his life as an undergraduate student since the University of
California, Riverside refuses to disclose any information to the public unless they are requested
by a court order (2). In my opinion, these years are very important in providing a link between
the teenager Holmes and the murderer Holmes. The lack of information creates a shroud of
mystery that if uplifted, will shed light on very important aspects of his personality. In addition,
this claim is reinforced by the fact that many major mental disorders, such as schizophrenia,
show the first symptoms between the ages of 18 and 21 (39).
As mentioned earlier, Holmes continued his academic career by joining a graduate Neuroscience
program in Colorado in September 2011 and as far as his social and personality history is

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concerned, this the crucial point where things went wrong, really wrong. On June 7, 2012,
Holmes’s bright academic career went officially downhill, when he miserably failed an oral
exam. This exam was part of a standard procedure all Ph.D. candidates undergo as part of their
first-year academic evaluation (3). Even though a failure in an oral exam is not a reason to
terminate one’s studies, a few days later, Holmes abruptly withdrew from the program with no
explanation whatsoever. An obscure darkness, similar to the Joker’s darkness, was descending
upon James Holmes.
A glimpse at James Holmes’s psychiatric history is also relevant. During the years he spent in
Colorado, Holmes was being treated by Dr. Lynne Fenton, a psychiatrist from the University of
Colorado Medical School (27). It still remains unknown when he began his therapy with Dr.
Fenton and most importantly what he was being treated for. In any case, the defense has a
powerful argument in its endeavor to prove Holmes’s mental illness. It is my firm belief, yet a
speculation, that Holmes was being treated for depression or a major depressive disorder. This
explains the antidepressants and the anti-anxiety medication found on his apartment by the police
after the Aurora theater shootings. The relationship between Holmes and his psychiatrist, Dr.
Fenton, is one of utter importance. There are a lot of pieces missing from this particular puzzle,
which perplexes the events leading to the July 20 shootings. Once again, there is a legal fight
between the prosecution and the defense about the release of potentially confidential information
from Holmes’s patient-doctor relationship with Dr. Fenton and, until it is resolved, the pieces we
need will remain missing. The prosecutors are seeking any kind of information relative to his
termination or withdrawal from school and the defense objects to the release of such records,
calling the request a “fishing expedition that needs to be stopped” (35).
An interesting point in this matter is the fact that Dr. Fenton grew increasingly disturbed about
Holmes in the months prior to the massacre. In early June she contacted a campus policeman
requesting a background check. She also alerted the university’s threat-assessment team about
James Holmes being potentially dangerous (27). Nevertheless, Dr. Fenton chose not to detain
him on a 72-hour hold for mental health evaluation, which is the standard procedure for such
cases. It is obvious that she was contemplating about Holmes posing an immediate threat to
himself and others. Interesting question arise: Why did she choose not to confine him? Would
the outcome of this tragedy be different if Dr. Fenton acted upon it? Should she be held
responsible for her actions? It is grueling to answer these questions and hopefully further
evidence by Dr. Fenton’s own testimony will help us in this topic. As a subsequent annotation to
the question of responsibility upon this very matter, should the university police –and to extent
the university itself- be held accountable for not acting on it? According to evidence, the threat-
assessment team of the university simply dropped the case when Holmes officially dropped out
of school on June 10 (27). If a doctor was serious enough to break the patient-doctor
confidentiality agreement and contact the authorities about a potentially dangerous individual
around the campus area, then the university police should not have dropped the case the minute it
was no longer officially their duty (that is when Holmes officially withdrew).

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Finally, the “notebook” aspect is the important piece in the puzzling relationship James Holmes
had with Dr. Lynn Fenton. It really “raises as many questions as it answers” (23). Allegedly, the
notebook contained stick drawings of some individuals shooting others. Legal analyst Scott
Robinson wonders: “Is it a manifesto or an apology? If it includes drawings that are sufficiently
deranged as to be from someone who appears mentally ill, it could assist defense in a not-guilty-
by-reason-of-insanity defense. If it appears to be the work of someone who knew exactly what
they are doing, and they knew it was wrong, that could help the prosecution” (23). Since the
defense is pleading not guilty by reason of insanity, the interpretation of the drawings and the
other contents of the sent package will be of absolutely crucial importance. Either the
prosecution will gain the advantage or the defense will get the upper hand in the insanity plea.
The questions raised are a natural product of the vague and scattered information provided by the
media with regards to the details of the circumstances in which the package was sent. When and
where was the package sent? When did the package arrive and when was it actually opened? A
source from the Business Insider claims the package went unopened until the Monday after the
shooting took place (25). While the timeline is important, the substantial aspects of the notebook
are the drawings and their interpretation. On June 10, 2013 the notebook was accepted as
evidence by the court even though defense lawyer Daniel King claimed the notebook is
“protected by a doctor-patient relationship.” I believe this is a definite win of the prosecution,
which is trying to prove that Holmes was sane beyond a reasonable doubt. Interestingly (it is
actually among only five states utilizing the M’Naghten insanity test), Colorado state law
dictates that the burden of responsibility falls on the prosecution when it comes to insanity pleas.
The prosecution has to prove, beyond a reasonable doubt, that the defendant is not insane and
thus should be held criminally responsible for his crime (37). Usually, after the infamous case of
John W. Hinckley, Jr. (6), the burden of responsibility falls on the defense, which is obliged to
prove the perpetrator is insane beyond a reasonable doubt.
Moving on, regardless of the drawings, the act of sending the notebook to Dr. Fenton should be
evaluated and taken into consideration for the James Holmes case. Brian Levin, a professor of
criminal justice says that “it may very well have been a last-ditch cry for help or recognition… a
cry for validation” (23). Maybe he just wanted to grab Dr. Fenton’s attention and threaten to act
on it. Also choosing his psychiatrist as the recipient was not accidental but deliberate. There is a
strange dynamic between mental doctors and their patients especially those suffering from a
major mental disorder and not just a personality disorder or the standard, small-scaled
depression, for instance. Furthermore, the package along with other evidence may be signs of
contemplation. Although he had all his arsenal of weapons and ammunition assembled at that
point, there is a chance he might not have gone through with it. This is the only logical
explanation as to why he sent the package to Dr. Fenton considering that the drawings did not
reflect any sort of political manifesto and they were not the product of paranoid, persecutory
delusions (like in the case of Cho in the Virginia Tech Massacre). This explanation is further
backed up by the alleged phone call Holmes only nine minutes before he entered the Aurora 16
Century Theater armed. Unfortunately, Dr. Fenton was unable to take that call and stated that she

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was unaware that Holmes tried to contact her before the attack (34). Finally, I have to mention,
once again, the importance of this relationship, which should be scrupulously scrutinized to the
very last detail!
I believe that more insight on Holmes’s personality and social/mental history can be gained by
briefly examining his sexual background. The fact that he was shy and introverted comes along
with the scarce evidence we have in our hands that point out his inability to engage in sexual
relationships with fellow students or maintain a long-term relationship. On the contrary, there is
evidence of him hiring a prostitute in two separate occasions, once in August 2011 and the other
in May 2012 (10). Apparently, Holmes was obsessed with her red hair and “would grab her and
sniff it” (10). The prostitute claimed that his attitude was strikingly different the second time they
met, two months before the massacre. She saw “two sides, like Jekyll and Hyde” (10). The
conclusions we can draw from this testimony is that Holmes’s mental state was progressively
deteriorating or at least it appeared so. The second time he met with the prostitute he was violent,
authoritarian and eager to dominate over the woman. It is plausible that this was a manifestation
of a psychotic/manic disorder that he had developed over the year or simply acting up at that
particular time. Also, hiring prostitutes hints loneliness and social isolation. This is highlighted
by the fact that only a couple of weeks before the shootings, he hired “paid love” just to keep
him company and he was unable to perform sexually (10). Additionally, with regards to
Holmes’s sexual history, evidence suggests that he maintained a profile in an online dating site
called “Adult Friend Finder” (3). A post recovered from the aforementioned online dating profile
depicts a man with dyed red-orange hair who appears to be Holmes. Below the photo, Holmes
wrote: “Will you visit me in prison?” (3). The validity of the online profile still remain unclear,
but if it proves to be real, it will greatly assist the persecution in their attempt to demonstrate that
Holmes’s actions were premeditated, planned and the outcome of the thinking of a sane man,
who actually knew right from wrong and also knew the consequences of his actions. This little
piece of evidence is substantial for the state and can be a huge blow to the defense, which has
entered the not-guilty-by-reason-of-insanity plea. Lastly, the dating profile is the only digital
footprint Holmes left, as he did not maintain a Facebook or a Twitter account (8).
James Holmes’s history will be useful in our attempt to make a preliminary diagnosis of his
mental illness and whether it will stand to support the insanity plea put forward by the defense.
Before doing so, I will provide a brief timeline of the actual crime and the period of time leading
to the shootings by summing up all the accounts published in the media. It is important to take a
look at the actions of Holmes in the months prior to the massacre to evaluate his mental state.
Obviously the crime was planned in advance; but what does this actually depict? Were Holmes’
actions the actions of an insane individual under a manic psychosis? Was he aware of his
actions? The crime preparation timeline will be a matter of immense debate between the
prosecution and the defense to support or strike down the insanity plea.
It is now certain that Holmes began assembling his arsenal of weapons and ammunition about
two months before the theater shootings. On May 22, he “made his first purchase in preparing for

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the attack: a .40-caliber Glock 22, from the Gander Mountain store in Aurora, Colorado” (1). A
week after his first purchase he purchased a “Remington Model 870 shotgun at Bass Pro Shop in
Denver, Colorado” (1). Needless to say he passed both background checks, since his only
dealing with the law was a mere traffic violation a few years back. Then on June 7, just hours
after fatally failing his oral exam, he made two more purchases: “a Smith & Wesson Military and
Police15 semi-automatic rifle, and yet another .40-caliber Glock 22” (1, 17). In addition to his
lethal weapons, Holmes purchased all the ammunition he required online: 3,000 rounds of .40-
caliber ammo, 3,000 rounds for the M&P semi-automatic and 350 shotgun shells for the
Remington (1). Just weeks before the attack, Holmes also purchased a Blackhawk Urban Assault
Vest along with two magazine holders and a knife (1). In addition, he purchased all the
chemicals and the explosives necessary to booby-trap his apartment. It is still unclear how he got
hold off the explosives and how did he acquire the knowledge to create this intricate, lethal
explosive mechanism, which took the Colorado Police nearly two days to dismantle (1). The
funding for his deadly army came from the scholarship money he received for his academic
excellence: A $21,600 scholarship from NIH and $5,000 stipend from the university (25). Aurora
Police psychologist, John Nicoletti, believes that this was a “proactive, premeditated attack
behavior” that Holmes exhibited (7). Whether it was the product of a major mental illness is
another question, which still remains terra incognita. In addition to Nicoletti’s sayings, Aurora
Police Chief Daniel Oates stated that they have “solid evidence of calculation and deliberation”
(7). Holmes’s apartment complies with what Nicoletti and Oates believe to be the actions of
man, who precisely and deliberately calculated his actions leading to the shootings. Inside
Holmes’s lethal apartment, Aurora police found elaborate “incendiary devices” including
multiple gallons of gasoline, aerial shells and a stream of wires connected to a “control box” in
the kitchen unit (3). The bomb technicians of the Aurora Police stated that had this “death trap”
system been detonated, the buckets of gasoline would have created a fire that would kill anyone
attempting to enter the apartment. Holmes’s apartment was specifically designed by him to kill.
All the above evidence raises some vital questions, which are the subject of this entire paper:
Was Holmes mentally stable/aware while deliberately and diligently planning his massacre? Can
his mental illness stand for the insanity plea put forward by the defense?
“Meticulous planning doesn’t necessarily mean a defendant is sane,” said Dr. Howard Zonana, a
professor of psychiatry and adjunct professor of law at Yale University (13). This will, most
likely, also be the defense’s stance against the prosecutors. But does it mean that he was sane
enough to carefully plan and orchestrate the shootings and booby-trap the apartment with
sophisticated exploding mechanisms? The prosecution definitely believes so and that will be
their antithetical argument to convince jurors beyond a reasonable doubt that Holmes was, in
fact, sane. This brings into discussion the concept of the “Burden of Proof,” which is the “legal
obligation of one side –prosecution or defense- to convince the jury to some specified degree of
certainty that their depiction is true.” (36) This was one of the provisions that toughened the
barriers to the insanity defense following the Hinckley fiasco. Although in most states, the
burden of proof shifted from the prosecution to the defense (after the trial of John Hinckley Jr.),

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that was not the case for Colorado. The burden of proof remains on the prosecution to prove,
beyond a reasonable doubt, that a defendant is sane. This is absolutely necessary to convict
Holmes. If they fail to do so, “state law requires the jury to find him not guilty by reason of
insanity,” (13) which is the plea entered by the defense lawyers since June 4 2013 (29). Steven
Pitt, a forensic psychiatrist who consulted on the 1999 Columbine High School shooting also
agrees that Holmes is mentally disturbed: “I don’t know if this guy was mentally insane or if he
was the epitome of evil, but I can promise you that as additional information comes out, a picture
will be painted of a very disturbed individual even before he committed this act” (3).
Using the crime timeline and Holmes’s history, which is provided in detail above, I will now set
about to offer my opinion on his mental illness, the link of the illness to the crime and whether
the not-guilty-by-reason-of-insanity plea can attributed to Holmes’s mental illness.
“The question is not whether or not he’s mentally ill,” says Pete Maguire, a former Colorado
prosecutor. “The question is whether he is legally insane under the stature” (21). Nonetheless, it
is interesting and useful to provide a personal potential diagnosis. To begin with, I firmly believe
that any person capable of such a crime is mentally ill and has to be held accountable for his
actions. Of course, the extent and severity of his punishment has to be decided in the court of
law. Holmes was a very disturbed individual even before he committed this act definitely. Earlier
in this paper, I described multiple incidents that highlighted his awkward social behavior.
Unfortunately, with the exception of the events that transpired the final months before the
shootings, the rest of the incidents did not waive any red flags for this disturbed individual. In
fact, they were misinterpreted as signs of just a shy, introverted, smart young man, who merely
preferred to keep to himself. Actually claiming that there were misinterpreted signs is easy and
pointless to do after the outcome of the attack. The fact that he was extremely shy and confided
to himself may indicate a form of depression, which started from his early adolescent years. This
is endorsed by his mother’s concern about his social isolation ever since he was a child. In
addition, looking at Holmes’s past, there is a sense of arrogance in the way he handled his
academic success or at least that is how he came off to the rest. The first reported incident comes
from his summer job right after high school graduation, where he came off as stubborn and
absolute in his ways. Later on, there were incidents where he would refuse to elaborately answer
his professors’ questions. This hints a narcissistic personality disorder, which is an Axis-II
disorder under DSM-V (Diagnostic and Statistical Manual of Mental Disorders). The final act of
his narcissistic psychosis can be the shooting of what he thought were inferior individuals.
Although there are narcissistic traits in Holmes’s character, I do not believe he suffered from a
narcissistic disorder and, let alone, this was not his major mental problem.
I stand by the argument that we have to focus on Holmes’s adolescence to find the root of evil.
His most recent horrific actions can be traced back to his troubled past. This is what forensic
psychologist, J. Reid Meloy, also believes: “The shootings represent the endpoint of a long and
troubled highway that in hindsight was dotted with signs missed or misinterpreted” (17). In my
opinion, Holmes suffered from a personality disorder that gradually peaked and became a major

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mental illness. Had he received the right treatment before leaving California there would be no
massacre. Thus, the illness to keep from his teenage years is depression and that is what he is
being treated for by Dr. Lynn Fenton. It still remains unclear what kind of depression he was
being treated for, but evidence suggests it was some form of manic depression paired with
anxiety. In early July 2013, Holmes sent a cryptic text to another graduate student and asked her
whether she had heard of “dysphoric mania.” She replied and Holmes warned her to stay away
from him because he was bad news (17, 20). Was he treated for dysphoric mania as well by Dr.
Fenton? It might be the case. Regardless, this brings dysphoric mania into the equation.
Dysphoric mania can be defined in broad terms as “a state in which coexist simultaneously
depressive and manic symptoms (mixed state), also known as agitated depression or a mixed
episode” (11). It is a form of bipolar disorder that “combines the frenetic energy of mania with
the agitation, dark thoughts and paranoid delusions of major depression” (17). One might say
that there is an interesting link between depression and the bipolar disorder termed “dysphoric
mania:” it is basically a depression gone terribly, terribly bad. This plausible explanation has a
Catch-22 though. “In some cases, psychiatrists unaware of the risks prescribe anti-depressants
for patients with dysphoric mania, drugs that can make the condition even worse,” says Dr. V
Reus, professor of Psychiatry at the University of California, San Francisco. The anti-depressant
medication may pacify the symptoms of depression but at the same time they exacerbate the
manic aspect and the frenetic energy that comes along with it. So assuming that Dr. Fenton was
treating Holmes for depression, the prescribed medication may have caused unspeakable damage
to his paranoid, delusional self. Consequently, I believe that Holmes is suffering from dysphoric
mania, which by definition includes agitated depression and manic symptoms. But is that all?
Should we consider schizophrenia in Holmes’s diagnosis?
The defense will definitely do so, since an Axis-I mental disorder such as schizophrenia can
account for insanity and that is exactly what they are pleading for. Schizophrenia belongs to the
larger group of psychotic disorders, which include serious illnesses that affect the mind. It alters
a person's ability to think clearly, make good judgments, respond emotionally, communicate
effectively, understand reality, and behave appropriately (39). This absolutely complies with
Holmes’s behavior after the crime and during the crime. But the main question is whether this
was the case at the time of the crime. Additionally, Holmes’s intense and detailed preparation
before the shooting on July 20 provides evidence of someone who is not suffering from any kind
of schizophrenia. There is no solid evidence to suggest that at the time of the preparation he was
disoriented, which is usually the case in paranoid schizophrenia or disoriented-type
schizophrenia. Therefore, I do not believe Holmes is suffering from schizophrenia. The
symptoms of schizophrenia he exhibits are a product of the schizoaffective personality disorder
he is suffering from. This ties in together the depression described earlier, the manic delusional
symptoms of manic dysphoria and the schizophrenia-like attributes of his personality.
People with schizoaffective personality disorder exhibit symptoms of both schizophrenia and a
mood disorder, such as major depressive disorder or bipolar disorder (39). In my opinion,

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Holmes ties perfectly into this description. As mentioned earlier, his mental instability started off
as a minor depression; he was just a shy teenager who lacked social skills and kept largely to
himself. It is reasonable to say that his loneliness and relative social isolation led him to devote
himself to school and strive to excel academically. It may have been a way to communicate his
bright personality to the outer world. Gradually, his social isolation built up. He was not getting
along with any of his peers in particular and had no close friends to verbalize his feelings;
meanwhile, he was away from his family, which was worried about his solitude (especially his
mother Arlene) but did not take any drastic measures. This isolation greatly contributed to the
depression from which he was suffering and evolved into a dysphoric mania. The depression
became, at that point, a serious issue, as it brought out the dark side of Holmes’s personality.
Although he did not communicate it directly at school, people could tell that there was obviously
something wrong. “Sometime in the spring, he stopped smiling and no longer made jokes during
class presentations, his behavior shifting, though the meaning of the changes remained unclear”
(17). The now agitated depression was paired with schizotypal paranoid delusions that led to the
manic part of dysphoric mania. For instance, the incident with the prostitute highlights probably
a manic episode in which Holmes exhibited the frenetic energy of his disease. He was
demonstrating a dysphorically excited and irritable, angry mood (11) during intercourse, which
made the prostitute describe him as having a “Mr. Jekyll, Dr. Hyde” personality (10).
To sum up, I believe Holmes is suffering from schizoaffective personality disorder that consists
of a bipolar disorder (manic dysphoria) and schizotypal elements of schizophrenia. Additionally,
he is suffering from a major depressive disorder, which is built into the term “manic dysphoria”
as described earlier. I do not believe he is suffering from paranoid schizophrenia as a major
mental disorder. The lack of any persecutory ideas in combination with the lack of auditory or
visual hallucinations is strong enough evidence to direct us away from the diagnosis of pure
schizophrenia. Nevertheless, as described above, Holmes indicates numerous symptoms of
schizophrenia such as confused thinking, disorganized and incoherent speech, problems at
school, severe mood swings (manic dysphoria) and a cold, detached manner in his expression of
emotions (39). Evidence for the last symptom came as early as February 2011 when Holmes was
attending the university’s recruitment weekend. A graduate student said she was struck by his
nonchalant character. “He just seemed too cool to be there. He kicked back in his chair and
seemed very relaxed in a very stressful situation” (17). Evidence for incoherent and disorganized
speech also arises from the “bizarre, Batman-inspired” (7) voicemail Glenn Rotkovich, owner of
a gun range in Aurora, heard when he tried to contact Holmes regarding his request to join the
Lead Valley gun range. “It was bizarre and intentional,” he said (3).
James Holmes is obviously suffering from a mental illness. The main enquiry about this case is
whether it will be a major enough illness to support the insanity plea put forward. In order to
make assumptions about this matter, we must pay close attention to the insanity defense and the
corresponding insanity test that is applied in the State of Colorado. But before we do so, it is
important to understand the term “insanity” itself. Insanity is not a medical term but rather a

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legal term. Black’s Law Dictionary defines it as “any mental disorder severe enough that it
prevents a person from having legal capacity and excuses the person from criminal or civil
responsibility. It is a disorder that impairs the human mind and prevents distinguishing between
actions that are right from wrong.” (36) In the James Holmes case, the defense has appealed to
legal insanity as a means of evading criminal responsibility for the massacre. Thus, the defendant
is pleading insane and not guilty by reason of insanity to avoid criminal responsibility for his
actions, since he claims he did not right from wrong. In order to emphasize the “knowing right
from wrong” aspect of legal insanity, it is important to understand the insanity defense point of
view. “The Insanity Defense of Not Guilty by Reason of Insanity us the defense used by some
mentally disordered defendants who do not have the capacity for understanding right and wrong
at the time of their criminal act” (36). While it is easy to draw the conclusion that the insanity
defense can manipulate the legal system to overthrow a conviction, the reality is much different.
The truth is, according to Torry (36) that “the insanity defense is used in only 1% of criminal
cases, and it is used successfully in only 10-25% of those.” Moreover, defendants who are found
insane generally spend as much or more time in state custody than their criminally convicted
counterparts (36). In order to accept or reject the insanity plea, an insanity test is performed that
is emphasized on “knowing right from wrong.” The most widely utilized insanity test is called
the M’Naghten Test, which was established after the 1843 case of Daniel M’Naghten, a Scottish
woodcutter who assassinated the secretary to the Prime Minister (36). M’Naghten’s delusions
had deprived him of all restraint over his actions. Is this the case for James Holmes?
Colorado uses the M’Naghten Test for insanity and has a built-in “irresistible impulse” clause.
The purpose of adding this clause was to “extend the insanity defense beyond the narrow
cognitive parameters of M’Naghten” (14). This is an alternative to the cognitive-only M’Naghten
rule and adds a volitional component in the equation: “An irresistible impulse can remove
reason, and therefore, the ability to know or choose between right and wrong” (36). This is also
referred to as the “policeman-at-the-elbow” test for insanity (36); the accused would probably
commit the act even if a policeman had been at the accuser’s elbow. The irresistible impulse
clause is utilized in many states that use the widely acclaimed M’Naghten test, “because of its
failure to include a provision for volitional control” (12). So to sum up, the irresistible impulse
test is not a test of impulsiveness; a desire may be irresistible, but not impulsive (12), which is
the matter of discussion in this case. The main problem of the irresistible impulse insanity test is
that it often proves impossible to distinguish between “behavior that the agent did not control
and behavior that the agent could not control” (12). Was Holmes mentally ill to the extent that he
was unable to prevent himself from killing all those people? It is my assertion that Holmes will
not pass the irresistible impulse test. Frankly, I believe he would never pass it in a million years.
It is obvious that Holmes was very well aware of his crime and the fact that it is unlawful and
unacceptable to perform his crime in front of the policemen. This is highlighted by the fact that
“Holmes put up no fight in the parking lot” (25) when the police arrived. It is further emphasized
by the premeditated and detailed preparations which were carefully planned to draw little
attention and the lack of suicidal ideation. He was aware he was doing something wrong and he

11
also contemplating about backing out nine minutes before the massacre. If he could not control
his behavior, he wouldn’t have thought twice. As a result, the volition part of the criminality,
which is tested by the irresistible impulse test, will show that Holmes was mentally sane and that
he could exercise self-control (36); but he didn’t. But will Holmes pass the cognitive M’Naghten
insanity test? Did he know right from wrong at the time of the crime?
The crime has two components: evil intent (mens rea) and action (actus reus). The intent
requires purposely committing the act that is proposed to cause harm. Additionally, when “an
offender’s mental state is so deficient as to have deprived him of rational intent” (36) then we
have negation of mens rea. It is often the case that mens rea and insanity go hand in hand. In the
case of bifurcated trial, the two part defense is that the defendant is not guilty by reason of
insanity and that he lacked the intent to knowingly commit the crime. The latter is definitely not
the case for Homes and the defense lawyers are aware of that. Hence, they will not appeal to
mens rea negation.
Now, “the time of the crime” is an essential period of time in this case. The outcome of the
insanity plea will “rest largely on Holmes’s mind-set on the night of the shooting” (20). Before
investigating about whether Holmes’s insanity plea will hold, let’s take a look at the insanity plea
nature in the legal system. Insanity is always paired and associated with the defense; it is a
“defense” in the sense that, “if used successfully, the defendant is not convicted, but is found not
guilty by reason of insanity. (32) The insanity defense goes to the “heart of the complex concept
of responsibility in the law” (32) since insanity acquitters are non-criminally responsible for the
crime, even though they clearly committed the crime. All “not-guilty-by-reason-of-insanity”
standards begin with the “requirement that the defendant, at the time of the crime, be suffering
from a mental disorder” (32). Furthermore, they all require a “significant impaired practical
functioning” (32) at the time of the crime. Finally, there has to be a causal link (nexus) between
the mental disorder and the impaired functioning (32). Holmes was suffering from a kind of
mental disorder at the time of the crime and all his actions depict impaired functioning. The
problem for the defense is to show the link between the two. Contradictorily, the prosecution
must, by all means, break down this link and thus terminate the insanity plea put forward by the
defense.
Under the M’Naghten rule, the defendant must have been “laboring under such a defect of
reason, from disease of mind, and not to know the nature and quality of the act he was doing; or
if he did know it, that he did not know what he was doing was wrong” (26). Assuming our
preliminary diagnosis is correct, we have to discuss whether the schizotypal personality disorder
can account for Holmes not knowing right from wrong. In other words, if Holmes’s mental
disorder can be linked to the crime and justify it, then he is not guilty and mentally insane
according to the M’Naghten insanity test. If not, then he is sane and thus guilty. The
premeditative and preparatory actions Holmes took suggest that he did not right from wrong and
he was actually aiming at doing wrong. Additionally, the fact that he surrendered himself to the
police right after the shootings portrays a man, who undoubtedly knew he had committed a crime

12
that was “wrong” and not “right.” Focusing on his mental status during the time of the crime, we
can state that he was aware of his actions. After entering the theater, Holmes walked out of the
emergency door and went to his car; he “changed into the SWAT gear, including a ballistic
helmet, a gas mask, a tactical ballistic vest, leg protectors, throat protector, groin protector, and
tactical gloves,” (1) reentered the theater carrying his weapons, and finally started shooting at the
crowd. Holmes’ actions indicate that he was aware of what he was doing and by no means was
he under the influence of a hallucinogenic incident. This complies with the absence of
schizophrenia and the lack of intense visual or auditory hallucinations. Furthermore, witness
testimonies specify that “when he went into the theater, he morphed into a monster, selecting his
victims.” He would shout, “What are you doing? Stand up!” (25) These accounts suggest that he
may have been in a psychotic/manic state. Does being in a psychotic state qualify for temporary
insanity though? According to DSM-IV, psychosis does not prevent a person from distinguishing
between actions that are right from actions that are wrong (36). Therefore, psychosis does not
equal insanity and it is possible for a defendant to be psychotic/manic but not considered insane
(36). I consider that this bodes well within the Colorado shooter, James Holmes.
Finally, it should be briefly noted that there is no issue of competency to stand trial in this case.
Holmes is absolutely aware of the legal proceedings and this can be depicted by the fact that he
asked for a lawyer (29) and at one point he leaned over to tell something to his lawyer and
smiled (34).
Consequently, it is my firm belief that Holmes’s schizoaffective personality disorder does not
suffice for proving insanity. The not-guilty-by-reason-of-insanity plea will not stand. Instead the
verdict will be “guilty by mentally ill.” Thus Holmes does suffer from a mental illness but “not
one so severe as to eliminate criminal responsibility” (32). As a result, he will be convicted and
given a criminal sentence (36). His mental illness will be the basis for mitigation in the post-trial
phase and I believe that the jury will acknowledge “diminished responsibility” (5). The mental
health evaluations used prior for the insanity defense part will be utilized to establish mitigating
psychological factors and decrease the severity of the punishment in a “plea bargaining” stage of
the trial.

13
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14
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15
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