Colorado movie theater shooter James Holmes will be required to waive all medical confidentiality rights if he enters a not guilty by reason of insanity plea as expected Tuesday.
Judge William Sylvester ruled Monday that if Homes chooses an insanity defense, “he will immediately have to turn over the names, addresses and medical reports of any doctor or psychologist who has ever treated him for a psychiatric condition,” NBC News reported.
The Judge further ruled that Holmes will have to be “committed for a state examination,” and part of that examination could include being given “truth serum” to determine sanity, the report said.
According to NBC, Sylvester ruled against the objections of Holmes’ attorneys Friday:
Holmes’ lawyers had raised several objections to the state’s law governing insanity pleas. Among them were complaints that fully waiving their client’s medical confidentiality and that administering drugs to assist in any court-ordered examination violated his constitutional rights.
“It’s a huge case socially and it’s a huge case legally. Likely to create precedent, good or bad, that will govern future prosecutions,” Legal analyst Scott Robinson told NBC News.
“Defense documents made public Friday revealed for the first time that Holmes was hospitalized in a psychiatric ward in November for ‘several days, frequently in restraints,’” NBC reported.
Holmes, 25, killed 12 people and injured 70 in the July 20 shooting during the movie “Batman: The Dark Knight Rises,” in Aurora.
He faces “166 felony counts of murder, attempted murder and other felonies,” the article said.
Prosecutors have two months after Holmes enters his plea Tuesday to determine if they will seek the death penalty in this case.
Watch the NBC News report here: