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Archive for Monday, July 30, 2012

James Holmes, Colorado massacre suspect, charged with 24 counts of murder, 116 counts of attempted murder

July 30, 2012, 11:42 a.m. Updated July 30, 2012, 1:37 p.m.

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— James Holmes appeared just as dazed as he did in his first court appearance last week after the deadly Colorado movie theater shootings.

In a packed Denver-area courtroom Monday, Holmes, 24, sat silently and did not react as he heard formal charges against him, including first-degree murder for each of the 12 who died and attempted murder for each of the 58 people who were injured in one of the deadliest mass shootings in recent U.S. history.

At one point, a shackled Holmes, still with his hair dyed orange-red, leaned over to speak with one of his lawyers and furrowed his brow.

When the judge asked the former neuroscience student if he agreed with his attorney's request to delay a future court hearing so his defense team could have more time to prepare, Holmes said softly: "Yea."

Some of the people in the court wore Batman T-shirts. Several people clasped their hands and bowed their heads as if in prayer before the hearing. At least one victim attended, and she was in a wheelchair and had bandages on her leg and arm. One unidentified man glared at Holmes throughout the hearing.

Holmes was charged with 24 counts of murder, two each for the 12 victims, and 116 counts of attempted murder, two each for the 58 injured.

For the murder charges, one count included murder with deliberation, the other murder with extreme indifference. Both counts carry a maximum death penalty upon conviction; the minimum is life without parole.

A conviction under extreme indifference means that any life sentences would have to be served consecutively, not concurrently, said Craig Silverman, a former chief deputy district attorney in Denver.

In addition, Holmes was charged with one count of possession of explosives and one count of a crime of violence.

Legal analysts expect the case to be dominated by arguments over the defendant's sanity.

Attorneys also argued over a defense motion to find out who leaked information to the news media about a package the 24-year-old Holmes allegedly sent to his psychiatrist at the University of Colorado Denver.

Authorities seized the package July 23, three days after the shooting, after finding it in the mailroom of the medical campus where Holmes studied.

Several media outlets reported that it contained a notebook with descriptions of an attack, but Arapahoe County District Attorney Carol Chambers said in court papers that the parcel hadn't been opened by the time the "inaccurate" news reports appeared.

Prosecutor Tamara Brady said Monday she will subpoena psychiatrist Lynne Fenton to testify in the dispute over whether a notebook is privileged because of a possible doctor-patient relationship. A hearing on the matter was set for Aug. 16.

District Chief Judge William Sylvester set an Aug. 9 hearing on a motion filed by news organizations seeking to have the case docket unsealed.

A hearing to update the status of the case was set for Sept. 27. A hearing to review evidence matters and to determine whether Holmes should continue to be held without bail was set for the week of Nov. 9.

Unlike Holmes' first court appearance July 23, Monday's hearing was not televised. At the request of the defense, Sylvester barred video and still cameras from the hearing, saying expanded coverage could interfere with Holmes' right to a fair trial.

Last week, Sylvester allowed a live video feed that permitted the world its first glimpse of the shooting suspect. With an unruly mop of orange hair, Holmes appeared bleary-eyed and distracted. He did not speak.

Security was tight for Monday's hearing. Armed officers were stationed on the roof of both buildings at the court complex, and law enforcement vehicles blocked entrances to the buildings.

Investigators said Holmes began stockpiling gear for his assault four months ago and bought his weapons in May and June, well before the shooting spree just after midnight during a showing of "The Dark Knight Rises." He was arrested by police outside the theater.

Analysts said that means it's likely there's only one main point of legal dispute between prosecutors and the defense.

"I don't think it's too hard to predict the path of this proceeding," said Craig Silverman, a former chief deputy district attorney in Denver. "This is not a whodunit. ... The only possible defense is insanity."

Under Colorado law, defendants are not legally liable for their acts if their minds are so "diseased" that they cannot distinguish between right and wrong. However, the law warns that "care should be taken not to confuse such mental disease or defect with moral obliquity, mental depravity, or passion growing out of anger, revenge, hatred, or other motives, and kindred evil conditions."

Experts said there are two levels of insanity defenses.

Holmes' public defenders could argue he is not mentally competent to stand trial, which is the argument by lawyers for Jared Loughner, who is accused of killing six people in 2011 in Tucson, Ariz., and wounding several others, including Rep. Gabrielle Giffords. Loughner, who has pleaded not guilty to 49 charges, has been diagnosed with schizophrenia and is undergoing treatment at a Missouri prison facility in a bid to make him mentally fit to stand trial.

If Holmes' attorneys cannot convince the court that he is mentally incompetent, and he is convicted, they can try to stave off a possible death penalty by arguing he is mentally ill. Prosecutors will decide whether to seek the death penalty in the coming weeks.

Holmes was not expected to enter pleas on Monday.

He ultimately could verbally enter a plea to the anticipated dozen first-degree murder charges, or his attorneys could enter it for him. Prosecutors may file multiple counts of attempted first-degree murder and other charges against Holmes, who booby trapped his apartment with the intent to kill any officers responding there the night of the theater attack, Aurora police said.

Sam Kamin, a law professor at the University of Denver, said there is "pronounced" evidence that the attack was premeditated, which would seem to make an insanity defense difficult. "But," he said, "the things that we don't know are what this case is going to hinge on, and that's his mental state."

Friends in Southern California, where Holmes grew up, describe him as a smart, sometimes awkward youth fascinated by science. He came to Colorado's competitive neuroscience doctoral program in June 2011. A year later, he dropped out shortly after taking his year-end exam.

Sylvester has tried to tightly control the flow of information about Holmes, placing a gag order on lawyers and law enforcement, sealing the court file and barring the university from releasing public records relating to Holmes' year there.

A consortium of media organizations, including The Associated Press, is challenging Sylvester's sealing of the court file.

On Friday, court papers revealed that Holmes was seeing a psychiatrist at the university. But they did not say how long he was seeing Fenton and if it was for a mental illness or another problem.

The University of Colorado's website identified Fenton as the medical director of the school's Student Mental Health Services.

An online resume listed schizophrenia as one of her research interests and stated that she sees 10 to 15 graduate students a week for medication and psychotherapy, as well as five to 10 patients in her general practice as a psychiatrist.

Comments

Jean Robart 2 years, 1 month ago

How come 24 murder charges when 12 died? Pardon the choice of words, but that sounds like overkill.

1

Charlie Sabotage 2 years, 1 month ago

12 counts of murder, 12 of murder with no remorse.

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Stuart Evans 2 years, 1 month ago

if only they had completely explained that in the article..

1

ebyrdstarr 2 years, 1 month ago

This kind of charging, known as charging in the alternative, happens all the time. Rest assured, in the end, if he is found guilty, he will only stand convicted and sentenced for one count of murder per victim.

2

Crazy_Larry 2 years, 1 month ago

You're not in touch with reality much, are you? Perhaps you should seek help from a trained professional. More specifically, a psychiatrist.

5

ksjayhawk74 2 years, 1 month ago

This comment was removed by the site staff for violation of the usage agreement.

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Glenn Reed 2 years, 1 month ago

Not sure I have a polite reply to that.....

Nope, don't have one. Pretty much anything I'd have to say would get me flagged...

1

ivalueamerica 2 years, 1 month ago

sierraclub.

You must make up a bold faced lie to try and make your point, means you are a pointless bold faced liar.

1

somedude20 2 years, 1 month ago

Whoops, you did sierra. Try again

2

patkindle 2 years, 1 month ago

the guy is trying to prove he is a nut case so he can walk away scot free depending on how good his lawyer is , it might work heck, they have not done anything to the fort hood guy why should this be any different' all it is become is another news story for the media to chew on

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jmadison 2 years, 1 month ago

The Ft Hood shooter is nearly 3 yrs out from his killing spree, and still no trial. It speaks volumes about our judicial system and its ineptitude.

1

patkindle 2 years, 1 month ago

it is still three years, how long do you think it should take?

0

Kendall Simmons 2 years, 1 month ago

I'm just trying to figure out why people like you wouldn't think he's a "nut case". So far no one has provided what they think his SANE motive was for doing this. Rather, they base their belief on the concept that, because he planned it over a period of time, it proves he was sane. As if having a mental illness means you can't plan anything. Yeesh.

2

Dan Stohs 2 years, 1 month ago

Save the taxpayers money and just kill him already. I would go with a firing squad. Bullet's only cost about a buck each.

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Russell Fryberger 2 years, 1 month ago

You can go to the dollar store and get a box of precut aluminum foil sheets for only $1. You can make many foil hats from that one box. Hours of fun, and there's extra for your make believe friends too.

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webmocker 2 years, 1 month ago

M_m: Please see above, somedude20's response to sierraclub.

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Kendall Simmons 2 years, 1 month ago

I got a good chuckle out of the article. Apparently the author didn't actually read the patent application...but, hey...that would have spoiled her evil mind control device theory :-)

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purplesage 2 years, 1 month ago

There needs to be a 13th charge The woman who is paralyzed from a gunshot wound to the neck, whose 6 year old daughter died, miscarried a baby. That is another homicide for which he is responsible.

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ebyrdstarr 2 years, 1 month ago

Colorado does not have a fetal homicide law.

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