Theater shooting, Ridgeway murder suspects to be arraigned this week

9:22 PM, Mar 10, 2013   |    comments
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KUSA - They are two cases that shook our community in 2012. This week, on the same day, both of the suspects involved are expected to enter their pleas.

The attorneys for accused theater shooter, James Holmes, have indicated in recent court filings indicated he might plead not guilty by reason of insanity.

His defense tried to get some of the rules relating to an insanity plea declared unconstitutional.

The defense said if an insanity plea was entered, it would force them to turn over potentially incriminating evidence to the prosecution. That evidence could then be used against him if prosecutors seek the death penalty, which is something the defense wanted to know before entering a plea.

The prosecution has a couple of months following Tuesday's arraignment to decide whether or not they'll seek the death penalty.

The judge ruled on Friday the insanity defense laws are constitutional, but 9NEWS legal analyst Scott Robinson said when the legal challenge was filed, this is not likely the last we've heard of these issues.

"There is a wealth of significant legal issues that this case will bring before Chief Judge Sylvester, and it certainly will make precedent at some point," Robinson said on March 1.

The defense was concerned how the insanity plea laws work in a death penalty case, and since right now the prosecution hasn't said they are seeking the death penalty, the judge did not rule on that aspect.

Holmes will appear in Arapahoe County Court on Tuesday for his arraignment.

On the other side of the metro, Tuesday in Jefferson County Court, Austin Sigg, the 17-year-old who police say admitted to killing 10-year-old Jessica Ridgeway and dismembering her body, is also expected to be arraigned.

During Sigg's preliminary hearing, plenty of evidence came out in court, which said Austin Sigg confessed to the crimes. He also at one point said he planned to plead guilty.

Investigators testified during his preliminary hearing that Sigg "knew what he did was wrong and wanted to make up for it."

When Sigg said that though, it was before lawyers got involved. Whether he will follow through with those statements will be seen on Tuesday.

Even though Sigg is charged as an adult, because he's a minor, he does not qualify for the death penalty.

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