DA: Law in Colo. theater shooting constitutional

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Associated Press

Posted on March 6, 2013 at 7:02 PM

Updated Thursday, Mar 7 at 2:02 AM

DENVER (AP) — Prosecutors in the deadly Colorado movie theater shooting are disputing defense arguments that the state law on insanity pleas is unconstitutional.

In court documents made public Wednesday, prosecutors say the statute has been upheld in other cases, and that judges have ways to protect defendants' rights.

Lawyers for suspect James Holmes asked the judge in the case to rule the law unconstitutional because it would require Holmes' attorneys to give prosecutors potentially incriminating information, such as mental health records, if he pleads not guilty by reason of insanity.

The defense says that violates Holmes' rights, including Fifth Amendment protections against self-incrimination.

Holmes is charged with murder and attempted murder in the July 20 shootings at a suburban theater that killed 12 and injured 70.

He's scheduled to enter a plea Tuesday.

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