Santa Fe New Mexican

Lawyer: Suspect needs mental health review

Family members told investigat­ors he had previously experience­d delusions, paranoia

- By Colleen Slevin, Patty Nieberg and Bernard Condon

BOULDER, Colo. — The suspect in the Colorado supermarke­t shooting appeared in court for the first time Thursday and a defense attorney immediatel­y asked that he receive a mental health evaluation before the case against him proceeds.

Ahmad Al Aliwi Alissa, 21, did not speak during the brief hearing except to say “yes” to a question from the judge, who advised him that he is charged with murder in the attack that killed 10 people, including a Boulder police officer. Alissa is also charged with attempted murder for allegedly shooting at another police officer, who was unhurt.

Boulder County District Attorney Michael Dougherty said authoritie­s planned to file more charges. He did not elaborate.

Alissa did not enter a plea, which will come later in the judicial process. He has been jailed without bail.

The young man entered court in a wheelchair, presumably because of a gunshot wound to the leg that he suffered Monday in a gunbattle with police.

His attorney, public defender Kathryn Herold, provided no details about his health. At Herold’s request, Alissa’s next hearing will not be scheduled for two to three months to allow the defense to evaluate his mental state and evidence collected by investigat­ors.

“Our position is we cannot do anything until we are able to fully assess Mr. Alissa’s mental illness,” Herold said, adding that the defense cannot begin that assessment until it receives evidence from investigat­ors.

A law enforcemen­t official briefed on the shooting previously said the suspect’s family told investigat­ors they believed Alissa was suffering some type of mental illness, including delusions.

Relatives have described times when Alissa told them people were following or chasing him, which they said may have contribute­d to the violence, the official said. The official was not authorized to speak publicly and spoke to the Associated Press on condition of anonymity.

Alissa’s legal team includes public defender Daniel King, who represente­d Colorado theater gunman James Holmes, as well as Robert Dear, who is accused of killing three people in a 2015 attack on a Planned Parenthood clinic in Colorado

Springs, two cases in which mental illness was a factor.

Depending on what they learn from investigat­ors about Alissa’s mental health, his lawyers could ask the court to order an examinatio­n by a psychiatri­st or psychologi­st to determine whether he is competent to stand trial.

If defendants are unable to understand the proceeding­s and assist their lawyers, proceeding­s can be delayed to see if treatment, such as medication, can make them ready for trial.

A mentally ill defendant might eventually plead not guilty by reason of insanity, as Holmes did in the 2012 shooting at an Aurora movie theater that left a dozen dead.

It would be up to a jury to decide whether the defendant knew right from wrong at the time of the crime — the state’s legal definition of insanity.

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