The judge overseeing the Aurora theater shooting case says suspect James Holmes can be medicated for his medical examinations if he pleads not guilty by reason of insanity.
Judge William Blair Sylvester issued an order Monday with a list of questions and information he will give Holmes if Holmes enters that plea.
That plea could come during a court hearing on Tuesday.
The defense asked Judge Sylvester to tell Holmes in court the consequences of an insanity plea and the judge agreed last week.
That list includes that Holmes could face a narcoanalytic interview using drugs that are medically appropriate.
"The court has considered the suggestions from Defendant and the People regarding the advisement on Plea of Not Guilty by Reason of Insanity," the judge wrote in an order released Monday.
The judge said he wants to make sure to protect the "defendant's statutory and constitutional rights, and to ensure that it's not necessary to bring Defendant back at a later date for an additional advisement."
Judge Sylvester said before accepting a plea of not guilty by reason of insanity he will ask Holmes:
- Do you read, write and understand English?
- Is anyone forcing you to enter this plea?
Then the judge said he will explain the applicable test for insanity including the inability to distinguish right from wrong and the inability to form a culpable mental state.
The judge will also explain:
- That by pleading not guilty by reason of insanity, Holmes waives any claim of confidentiality or privilege with physicians or psychologists.
- That the court will order an examination to determine sanity and commit Holmes for a sanity examination, specifying the place and place of commitment. It may be a hospital in Denver, the state mental health institute in Pueblo, Arapahoe County jail or another facility.
- That Holmes has a right to trial by jury.
- If Holmes is found not guilty by reason of insanity, the court will commit him to the custody of the Department of Human Services until he is found eligible for release.
- Holmes will be observed and examined by one or more psychiatrists.
- Holmes will cooperate with psychiatrists and other personnel conducting any examination ordered by the court.
- Confessions, admissions, medical history and social history may be used to question Holmes.
- Holmes may face a polygraph exam.
- Holmes cannot introduce evidence related to the issue of insanity unless he first enters a plea of not guilty by reason of insanity.
After a detailed list of the above items, the judge will ask Holmes two more questions:
- Have you thoroughly discussed this matter with your attorney?
- Knowing the consequences of entering a plea of not guilty by reason of insanity, do you still want to enter such a plea?