I disagree. All of this just sets up for plea deals.
I mean let's say he's trying to prove it wasn't premeditated. And was second degree and not first. Well having victims who are dependent minors bumps that up to first degree anyhow:
- While occupying a position of trust with respect to a child under 12, you knowingly causing the death of the child.
Colorado "first degree murder" laws |18-3-102 C.R.S.
So there's no going to trial and getting that bumped down to second degree because it wasn't premeditated.
As far as an insanity defense, we all know that will go over as well as a deflated balloon. As The Duchess sort of alluded to, an insane person doesn't do calm interviews on the porch during which they carefully cover up their involvement and lie.
The defense knows they won't win with that.
But again, it is the duty of his attorneys to mount a zealous defense. Most of these motions they're likely just doing and not talking to him much about.
They are doing this stuff for various reasons:
1. Just in case he falsely confessed (which they know isn't true but just in case).
2. To help with plea deals.
3. To create/uncover mitigators to avoid a death penalty.