The Judge in the trial of alleged Aurora shooter James Holmes is requiring that he be dosed with “truth serum” if his defense team chooses to plead not guilty by reason of insanity:

Legal and medical experts are questioning the decision of a judge in Colorado to allow James Holmes, the suspected gunman in the Aurora cinema shooting, to be tested with a “truth serum” should he plead not guilty by reason of insanity.

Judge William Sylvester ruled that in the event of Holmes pleading insanity his prosecutors would be permitted to interrogate him while he is under the influence of a medical drug designed to loosen him up and get him to talk. The idea would be that such a “narcoanalytic interview” would be used to confirm whether or not he had been legally insane when he embarked on his shooting spree on 20 July last year.

The precise identity of the drug that would be used has not been released, other than a statement that it would be “medically appropriate”, but it would most likely be a short-acting barbiturate such as sodium amytal.

William Shepherd, chair of the criminal justice section of the American Bar Association, whose members include both prosecutors and defence lawyers, said that the proposed use of a “truth drug” to ascertain the veracity of a defendant’s plea of insanity was highly unusual in the US. He predicted it would provoke intense legal argument relating to Holmes’s right to remain silent under the fifth amendment of the US constitution.

Gee, you think, Mr. Shepherd?

And then there is this:

The proposed use of a “truth drug” has also prompted a critical response from medical experts. Dr August Piper, a Seattle-based psychiatrist who has used sodium amytal to treat patients who were mute or in a catatonic state and who has written research papers on the subject, said that this was “not a royal road to the truth”.

“First of all, people can still lie under the influence of amytal. More importantly, the person under the influence of the drug is susceptible to outside suggestion.”

Piper also questioned whether such a method could be used to find out the truth of what happened retrospectively. Though short-acting barbiturates might be beneficial in illuminating Holmes’s current state of mind, by opening him up to greater communication, it would be of doubtful use in determining his state of mind at the scene of the shooting eight months ago.

“To try and do this would be unlikely to yield useful information, and could pervert the course of justice by rendering the defendant susceptible to pressure,” Piper said.

This is bizarre.

What the f%$# is the judge thinking? They don’t even pull this crap at Gitmo or the CIA torture gulags.

^*George Orwell.