It will not be an easy few months ahead for the criminal defense team that is currently representing James Holmes, the 24-year-old man who has been accused of gunning down 12 people at a movie theater in Aurora, Colorado.
For obvious reasons, this is not likely to be a typical defense experience. For one, this is likely to be a highly public trial, with every nuance, gesture and expression being analyzed ad infinitum by the media. That already seems to be happening, with the media going berserk over video footage of James Holmes' first appearance in court post the shooting. He appeared dazed and confused, in what seemed to have been a manifestation of some kind of psychotic episode. The media has already labeled his behavior as symptomatic of mania and schizophrenia. He has also been accused of faking it in court.
There's little doubt that the only plea that the defense team is likely to take is the insanity plea. James Holmes was arrested near the movie theater with weapons on him, soon after the shooting, and provided little resistance to arrest. He was found in the parking lot of the theater, and did not bother putting about a fight. He also referred to a number of explosive devices that he had in his apartment. Police quickly made it to the apartment building, and found the apartment virtually booby-trapped, with explosives that were rigged to explode if anyone entered the apartment.
No one expects the legal defense in this case to have an easy job of it. In fact, considering the kind of preparation that seems to have preceded this crime, even the insanity defense could be a tricky one.