
Handout / Reuters
James Holmes is seen in this undated police handout photo.
Updated at 6:44 a.m. ET: CENTENNIAL, Colo. - Accused Colorado theater gunman James Eagan Holmes was taken to the hospital on Tuesday for a medical condition that rendered him unable to attend a court hearing set for two days later, his lawyers told an emergency hearing on Wednesday.
The lawyers, explaining in vague terms the unspecified sudden developments they said caused his condition, requested a delay in a routine pre-trial hearing set for Thursday. There was no immediate word on Holmes' current condition.
"What occurred was mid-day yesterday. We were informed of a situation that involved a trip to a hospital," Holmes' attorney Tamara Brady said in court, giving scant further details but adding: "It's not as simple as a migraine."
Holmes, a 24-year-old former neuroscience graduate student, is accused of opening fire inside a suburban Denver movie theater during a midnight screening of the movie "The Dark Knight Rises" in July, killing 12 people and wounding 58 others.
The Aurora, Colo., rampage was one of the bloodiest acts of gun violence in the United States in recent years.
Holmes' attorneys filed an emergency motion earlier on Wednesday seeking to delay a pre-trial hearing in his case, citing the unspecified new condition that has left him unable to appear in court.
A judge approved the motion and set a new hearing for December 10. Holmes' attorneys did not provide further details in their motion, citing legal, medical, and psychological privilege.
"As a result of developments over the past 24 hours, Mr. Holmes is in a condition that renders him unable to be present in court for tomorrow's hearing," Holmes' lawyers wrote in the delay motion.
Another of Holmes' attorneys, public defender Daniel King, did not respond to reporters who asked if Holmes was still in the hospital.
Prosecutors had objected to the motion, saying it should be denied unless more detailed information was provided on Holmes' condition than was contained in the defense request.
"It is not clear whether it is claimed he is suffering from a physical medical condition, a mental condition, whether he is suffering from a negative emotional reaction to his circumstances, or anything other than he has some kind of 'condition,'" prosecutors wrote in their response.
Prosecutors have previously depicted Holmes as a young man whose once promising academic career was in tatters at the time of the shooting. He failed oral board exams for graduate school in June and a professor suggested he may not have been a good fit for his competitive doctorate program.
Holmes then began a voluntary withdrawal from the school and amassed an arsenal of weapons as part of "a detailed and complex" plan to commit mass murder, prosecutors charge.
Holmes has yet to enter a plea in the case, and prosecutors have not indicated whether they will seek the death penalty.
Holmes' lawyers, who analysts have suggested may be laying the groundwork for an insanity defense, have said Holmes suffers from mental illness and sought to get help before the shooting.
Arapahoe County Sheriff Grayson Robinson, asked about Holmes' condition, told Reuters he could not release any information, citing privacy issues and jail security. Holmes was being held at the Arapahoe County jail.
More content from NBCNews.com:
- Obama: GOP criticism of UN ambassador over Benghazi attack is 'outrageous'
- In 911 calls, Kelley tries to invoke diplomatic immunity
- Etan Patz suspect indicted on murder, kidnapping charges, sources say
- 'I got the wrong Courtney': Man picks up incorrect girl from school
- Storm system could snarl East Coast holiday travel
Follow US news from NBCNews.com on Twitter and Facebook
Copyright 2013 Thomson Reuters. Click for restrictions.


Chit-head-itis is one preliminary diagnosis.
Just kill him ASAP and be done with it. Save the taxpayers $$.
Let's make it quick. Then erase him from history. We've already spent more on him than he is worth.
I just read somewhere else that he tried a "half-hearted" suicide, I think they should try to kill him "full-hearted."
WTF? He can't make it to court and we can't tell you why? How long can this go on? tontosh-2444879, if he is trying to kill himself give him shoe string. Hell, I'll donate it to him.
That man has eyes as creepy looking as Charles Manson.
the guy ain't right in the head....i feel sorry for the innocent people he harmed...but i also feel sorry for him...
yep...that is one crazy eyed lookin' mother@!$%#er...
foocking LOON sorry no insult meant to a nice bird, let him hang himself in his cell in peace. notice how NO one mentions his name? JAMES HOLMES, mass murderer for NO REASON, hey jail boys, toss him rope, save us the dollars to make him worm food, or just rope him up and call it suicide
Look at the guys eyes. He is being kept so drugged up it is a wonder his retinas have not been burned out. In the photos and videos of him at the court hearings his eyes are so dilated it is a wonder he can see anything.
I don't feel sorry for this SOB in the slightest. I hope the "Unspecified complaints" stem from 24 hour a day gang rapings from his fellow scumbags.
Put 2 in his brainpan, file a report saying he tried to escape, and be done with it.
I'm sorry but maybe some people are simply too insane to allow to remain alive.
We put animals that attack people down nearly immediately. We should be doing the same to people.
why is this even news.... The Scum Bag should already be DEAD..... I'll buy the bullet, o that's right it would help contribute to unemployment..... The Judges, Lawyers, Jailers, Doctors, and Police need the work.....
In response to those calling for his death in order to save taxpayers' money, you might be surprised to find that it costs more to put a person to death than to house him in prison for the rest of his life. This is due to the process of numerous hearings, appeals, etc.
On a personal note, while a death sentence might resolve the revenge aspect, I don't think it's moral to put a crazy person to death. And, yes, what he did wasn't moral either (to say the least); however, he obviously wasn't in his right mind.
Try him at the hospital!
Could some nice Nurse at the hospital do us all a favor and give him an IV of chlorine bleach into his veins?
The pain is overwhelming and death comes slowly.
Better than he deserves, but more in line with letting the punishment fit the crime.
It kind of makes me think twice before entering a movie theater. And maybe if he had a job he wouldn't have to resort to shooting and killing people. Think about it. I think we should keep him in our prayers too. He is a child of God.
Those eyes aren't just dilated...they point in slightly different directions. If you look at video of him from when he was 18, his eyes weren't like that. Something happened to him along the way. Very strange.
Video of him at 18:
http://abcnews.go.com/GMA/video/james-holmes-video-alleged-killer-released-16830275
His eyes tell me he's insane (and I'm usually one to reject the insanity crap). On the same token, I don't think he should ever be let out b/c he'll likely harm again. Life in mental hospital would suit me fine if he's truly, honestly insane.
If he isn't in his right mind, then he must not be left handed. Because only left handed people are in their right mind.
Anything short of brain surgery is no excuse or explanation!
I suggest an immediate rectal craniotomy.
I'm hoping the shank was driven so far up his ass it will be weeks before it works it self out.
Denver, I would love to order a crainial-rectal inversion syndrome repair surgery for every Democrat in the country.
Hypothetical-
I just knew someone could not resist turning this into a political comment.
BTW, you forgot to say it was Obama's fault he did the crime and demand a full Senate (Republican led of course) investigation of the cover up.
Now go play. Your fellow pissed-off Repubs are waiting for you on the playground.
He is one sorry ugly looking freak!
Lock his butt up and throw away the key..would cares.
mike277
would cares. What does that mean? would cares.
Maybe the condition is that someone beat the stuffing out of him.
Maybe the condition is that someone beat the stuffing out of him.
What does this stuffing beater drink....I'll send him a case.
A case hell, give me his inmate number and I'll start putting money into his Prison Account ( whatever they call that account where prisoners can buy things from the prison store) every time I get paid. I'll double it if next time he kills the SOB.
Heck, if the prison allows conjugal visits I'll start sending him a hooker once a week.
Hypothetical,If there's anything that you can learn from this is that you should not be making threats on the internet.Your post will be forever for all to see.
Maybe I overlooked something, but I see no threats.
Neither do I
Where's Dexter when you need him?
Damn the pic in this article is freaking scary!! His eyes are crazy!
That's just the way he wanted his eyes to look C R A Z Y !!!!!!!! He dyes his hair orange, he smiles like a lunatic and makes the big eyes like Manson all to give the impression that he's crazy as a loon, but crazy people don't wear a bullet proof vest or do things in secrecy so as not to be detected because they don't know that what they are doing is wrong and he certainly knew that what he was doing was wrong. He is culpable alright so all of the posters who want to sympathize with him and believe that he's "mentally ill" and that he should be pampered and medicated and shouldn't be scorned or ill treated, well y'all make me sick because you are playing right into his slimy hands. He was just a nobody who wanted to be a "somebody" even if it meant being a mass murderer to get his name and face in the news. Now he's changed his mind and does not want to be in court and face the media or be photographed anymore. Too f'n bad. That's the reality of being a MASS MURDERING SCUMBAG. IT DOESN'T GO AWAY JUST BECAUSE YOU WANT IT TO. The lives that got lost or ruined are still lost and ruined too. MY SYMPATHY IS ALWAYS WITH THE VICTIMS. Never forget the REAL victims. NEVER.
My best guess is another inmate (or maybe a guard) gave him a concussion.
Why is this scum bag still alive. feed him a gun to the face "CASE CLOSED."
Please join me in wishing him all the worst. Just from the picture, you can see the effects of years of inbreeding and the moronic looks that come with it. His parents must be so proud...
So we blame parents for the actions of their adult children now? Adults aren't 100% responsible for their own actions?
Leave his poor parents alone.
At least make sure he is taken out of the gene pool.
I am amazed at the people that comment here, the lack of intelligence is just astounding.
On the serious side, this guy was a Grad Student in Neuroscience, which is a department within the university that would have certainly been funded by and affiliated with the CIA and NSA and any number of agencies within the Government that have an interest in mind control and its various applications. That said, the fact that the government is highly interested in the banning of private firearms ownership in this country and the public mindset regarding that issue. The shootings that this man is charged with is huge leap in that direction for the governments position. This is the primary reason that many people, including myself, find this entire situation highly suspicious. This man could have been a victim of the field in which he was an up and coming star. Had be been manipulated to actually carry out these acts there would have been effects or more likely after effects, and the pain that would be described as "It's not simply a migraine", which is not "simple" as far as "pain" goes, so something that would be described in that way had to be incredible pain and cranial pain on that level is a suspicious matter in itself under the circumstances. I am confident that many will say that what I am stating is "paranoid gibberish" but that is to be expected in this environment as that is the type of reaction that the people that perpetrate these types of covert acts depend on. There is a huge amount of eye-witness testimony that states that there was more than one shooter and/or that an accomplice received a cellphone call and then let the shooter into the theater in through the front area exit doors. There is just way too much evidence to support the strong possibilities that this man was either framed or manipulated by people that took a role in the shootings.
You are insane. Get help.
I want my minute back.
I think your tin foil hat is too tight around your head and cutting off the blood supply to your brain.
"paranoid gibberish" doesn't even begin to describe it.
Well Darryl I understand why you would react that way, first you would have to read something other than the Sunday comics and you would require an ounce of brain matter that is functional. Do any of you people know what "Neuroscience" actually is, what the discipline actually entails or is this just another ignorant remark to join the ranks of the unintelligent twits that have never read anything more sophisticated than Archie & Jughead?
There's always some fool that looks for excuses or reasons to explain why someone acts the way they do. women too pretty to go to jail for molesting, Men who were abused as kids. Anything to justify why they have no morals. Find them insane or get them off at any cost. Those are the same people that should have to live in the same complex as the people they defend. 50 years ago, they would have been drawn & quartered .
Daniel Calc look at his eyes in the photos/videos of his court appearances and it is obvious he is so drugged that he is nearly catatonic.
MAC-329110, thats the point hes trying to make. If he was just looked like that when they first arrested him I would understand, however EVERY SINGLE PICTURE since he was arrested he looks like this. Then if you look at pictures of him from before he was arrested he just looked like a nerdy dude. If people would actually research, you might see the pictures out there of the extra mask laying at the end of the building with a blood trail leading to it and then disappearing.....we wonder why the country has gone to crap....
PS. Daniel Calc, I dont think your crazy dude.
Daniel,you and I know that he suffers from a form of mental illness that housing him in prison only worsens.I believe that most of these ignorant posts are from people who aren't educated enough on the subject of mental illness.It is shameful that people have a hatred for somebody with a condition that they themselves or a family may endure one day.Your post was great by the way.
i dont think youre crazy at all daniel because i noticed it too.too many inconsistencies and unanswered questions.guess well find out years from now like everything else theyve been pulling out of their closet.
@ just a cleaning lady...Does your name describe what you really do? If you're so educated--why just a cleaning lady?
Your comments on here usually object to someone stating that this guy is crazy and should be put to death ASAP instead of later. While you have your opinion, so do others.
This man killed 12 people and wounded 58. He opened fire on a crowd of people going to see a new movie just to relax. (including a little girl, and a pregnant woman!) There are crazy people, and there are people who want YOU to think they're crazy. Its very easy to make others assume that you're not right in the head, because of actions such as what he has done! There is no reason that anyone should be defending his well being at all!
Keep to what you ACTUALLY KNOW...instead of pretend to know!
whatever we do let's make sure we insure his rights are protected and the lawyers make a living dragging this circus out. calc I don't care about your conspiracy theory or any of that other pseudo intellectual crap you spouted, the main point lest you forget is 12 dead 58 wounded and countless families devastated by this freak.
He needs to die, plain and simple!
Bring back the death penalty, stop all the litigations, we know he did the shootings, and one shot in the arm! Sick of all the liberals crying how cruel it is to put a killer sicko down! We need to grow a pair! :)
We do not condemn the mentally ill to death in America as that is barbaric.I am for the death penalty but not for the mentally insane or the mentally challenged.HE needs to be place in a psychiatric hospital.God forbid if any family member of yours is ever diagnosed with paranoid schizophrenia.
@cleaning lady
HOW is it barbaric? We destroy animals almost instantly when they attack and kill a single human being! Yet no one attempts to test their mental capacity! Are you trying to tell me that in any way, shape or form it makes him less guilty if he's found to be a certified nutcase??? I absolutely disagree! As I'm sure any one of those family members he took someone away from would!
@bologna sandwich--That's exactly what she is saying! Every single comment on here defending the "mentally ill".
Honestly, she keeps stating things like this, I feel shes been in the lesser fortune of experiencing it herself in her lifetime. Sad, but they should not get different treatment. (just put them in a padded room, shut the door, and lock it)
I also heard self-inflicted injuries. Either the guards reacted too fast, or it was a half-a$$ attempt to try and convince people he's insane. There are just some crimes that are so heinous and the person's guilt is so unquestionable that the death penalty should be automatic. I'm not talking the 30 year death penalty process, but the 30 minute after the verdict is read type.
Unless we take responsibility to view with compassion any criminal act, we are complicit in the crime. Intrinsic to the highest form of Justice is a willingness to be merciful. Why? Because it has a transformative, healing effect, and Humanity is in constant need of healing..
Yeah, the touchy feely view has been working SO well in the past five decades. You, E.D., are a moron.
Our justice system has become so heavily liberalized that a psychotic mass murderer who GOT CAUGHT IN THE ACT, is considered the "Alleged" perpetrator.
I really, really wish that the cops in this situation had just blown this nutjob away and put up with filing the paperwork. Instead, we are going to get 20 years of trials, appeals, and liberal BS, and they still aren't going to kill this genetic cesspool because he did what he did in a non Death Penalty state.
Bull
poor shot
Why should he get to use a hospital when his dead victims didn't get that option????
diane,Because he is mentally ill.I would not wish mental illness on anybody.The library and the internet has useful information on mental illness that is written in a simple language that I am sure will enlighten you on this subject.
Honestly, I do not believe he is mentally ill. I think he is smart & cagey & trying to get around what he has done.
seems fishy
If one more knuckle dragger from the Dark Ages-especially someone who graduated from law school-makes the asinine insinuation that "mental illnesses" don't have a biological basis...As in "It's not clear whether he has a physical medical condition OR a mental condition" I'm going to reach through the computer and %$&@! slap them myself!
What do they think certain brain disorders are? An evil spell? Honestly! Most of us have known for several decades that diseases capable of causing psychosis are due to abnormal chemical levels in someone's brain,and/or other biological deviations in the person's brain.Heredity is often a factor.Bipolar Disorder may well be present from birth.Schizophrenia usually starts between the mid-teens to the 30's, but recent studies have identified more cases of childhood onset schizophrenia.Onset of schizophrenia after one's middle 40's is rare.A precipitating event that is a huge stressor generally precedes the start of symptoms.
If you don't know that and you truly believe that some brain disorders e.g. Parkinson's,Alzheimer's,encephalitis,are "medical conditions" but that a few select brain disorders are the result of some kind of sinister black magic PLEASE do us all a favor and go back to your health classes from Jr. High.
One of the primary definitions of Insanity includes the in-ability to plan actions ahead of time. There is undeniable proof that this phucknut planned his actions, in detail, well ahead of time. Therefore, by the liberals own definition, Insanity can not possibly be used as a defense in this case.
Even if there was a stressor or this individual is suffering from a mental deficiency, he should be executed. This type of crazy can't be treated by drugs. He killed people and planned it ahead of time. Insane... nope, A psychopath... yep.
Hypothetical, please show me a source from a medical book to back this brilliant statement about people out of touch with reality being unable to plan activities.When you do, expect to be in the world news because a finding like that would turn every behavioral medicine practice on the globe on it's head.
Of course there would be the small detail that the millions of people who live with brain disorders where they get delusional and/or hallucinate would be lining up to prove the statement is indeed malarkey.Essentially everyone with those disorders are able to plan and carry out activities of daily living. Believe it or not some hold down jobs,some own the company,sometimes they win the Nobel Peace Prize,sometimes they become world famous authors or famous musicians or motivational speakers capable of going on tour-rather than sitting around drooling on themselves and weaving baskets as you apparently think.
Here's how this trial should go..
Judge : Mr. Prosecutor, you may begin.
Prosecutor : Yes your Honor, the State would like to introduce the following evidence. Exhibit A ) The Defendants writings detailing his plans at the theater. Exhibit B) Photographs of the Booby traps laid in his apartment to attempt to kill any police who came to investigate the crime, Exhibit C) Fingerprint evidence from the guns that have been ballistic-ally proven to have been the murder weapons, Exhibit D) Gunpowder residue tests of the Defendant proving that he fired the weapons, Exhibit E) Affidavits from eye witnesses identifying the Defendant as the Shooter, Exhibit F) Video from the Theater showing the Defendant firing into the crowd. The Prosecution rests.
Judge : Defense?
Defense Attorney : We would like to change our Plea to Guilty and beg for mercy from the Court.
Judge : The Jury may retire.
The whole trial should take about 4 minutes.
And what about a trial for those who armed this lunatic to the teeth?
Or how about at least a re-examination of bans on high-capacity magazines and assault weapons??
How about trying to prevent something like this from ever happening again, instead of merely seeking revenge and completely ignoring the source[s] of the problem[s]??
~Peace!~
it was the fool not the tool "proud"
What if the prosecutor is a woman? You wouldn't call her Mister. At least I wouldn't. She might get offended. Remind me not to hire that defense attorney if he/she is going to give up that easily.
Perfect opportunity for a lethal injection, quit the stalling, and wasting taxpayers money. Fry this jerk!!!!!
You can't cure crazy. Since he took a life, multiple lives in this case, he should be executed. Too bad he can't be executed 12 times and beaten to death 58 more times.
He's in a no Death Penalty state. Doesn't matter how much he deserves to die ( which is a LOT), he sitll gets to live on the Taxpayers dime. Thanks Libs. Glad I don't live there.
Of course, I'm one of those who firmly believe that if you are convicted of 1st degree Murder, even of one single person, you should be permanently removed from the land of the Oxygen Dependent. On live TV as an example to others that crime will not be tolerated, period.
I consider myself to be a "liberal", Hypo. And contrary to your denigrating and insulting assertions, I am actually in favor of the death penalty in cases such as this!
I think that if there's a group of people who should be criticized for opposing capital punishments it is the religious. And both conservatives and liberals alike have many amongst them who - due to their 'spiritual beliefs' - are 'dead set' against the death penalty. So, get off your high horse and quit trying to play dirty politics with this tragic crime.
Perhaps you should instead be questioning the conservative opposition to assault weapons bans, and how it is that any person can acquire the amount of weaponry and ammunition that this man did..!
~Peace!~
This guy is clearly guilty of mass murder. There are no worthy doubts about it. He is guilty.
I think that in a case such as this - where guilt is unquestionable and the crime extremely heinious - there should be no "trial". Instead, there should be an option for the State to simply present abundant, overwhelming and irrefutable evidence at arraignment, and then move from there to sentencing. To even allow for the question of innocence is a needlessly cold and heartless insult to the victims, and society. I think the notion that criminals such as this deserve a "presumption of innocence" - in this day and age - is absurd when the "allegations" made against him clearly aren't just claims, they're stated facts.
Now I'm not calling for our laws to be trashed and/or our liberties and rights to be trampled. I'm calling for additional legislation to be passed that would further empower, and protect, society. I think that it makes perfect sense to forego a trial if, at the time of arraignment, the guilt of the "accused" is provable beyond any measure of doubt. And that, by doing so, it not only spares the State the expense of a long and arduous trial, it spares the victims and survivors and their families and friends a tremendous amount of further pain and suffering and trauma.
And when we're done making these changes to our justice system we must immediately begin to address and tackle the issues surrounding our failure[s] to recognize - and properly care for - the mentally ill among us.
You're an ass... You are a clueless ass! The 'changes' you speak about would not be with our 'justice system' they would have to be with the Constitution... Get a friggin' clue! Those protections are there for everyone, and when people start talking about taking them away from some people ask yourself what people? And what groups will they decided to still give the protections to?
'FURTHER EM EMPOWERMENT' ALWAYS LEADS TO YOUR RIGHTS BEING TRAMMELED ON!!!
Yes... WHAT PEOPLE WILL DECIDE WHAT GROUPS ARE NO LONGER WORTHY OF CONSTITUTIONAL PROTECTION?
IS THIS SOMETHING YOU WANT BUREAUCRATS TO DECIDE???
Stand tall and Proud... You're a product of the public education system and it shows!
ProudAmericanVEt,And if this young man were an Iraqi war vet suffering from PTSD would you still favor the death penalty? You do realize that our government has a lousy mental health care law and with ACA things like this will happen more often than not.
he's not a war vet, he's just a mass murderer. Stop trying to sympathize with someone who thought this out (he wore a bullet proof vest) killed as many people as he could (12+58 wounded) and now does not want to face a courtroom. Do you feel sorry for all mass murderers or just this one? "young man"? God, give me a break! I wish we still used the electric chair for people such as this.
I agree, according to Tim we can both be asses. There's no doubt about his guilt, his intent or his sanity. He wanted notoriety and he got it in the worst possible way.
Have a good look at this mans eyes... If you give your children psychotropics like Ritalin this a look I'm sure you know well.
Riiiight,Timothy.I think I remember somebody else saying that some Billy Bob said that there Ritilan will also make kids ears stick out and wiggle.Those parents out there who have a child with a legitimate need for Ritalin,and a prescription for a proper dose from a physician had better just disregard everything the pediatric neurologist said and stop giving the medication,because they read on the internet that you said if they keep following physician's orders and giving what has been working their child's eyes are bound to get bulgy.NOT!!!!!
Cletus,er Timothy,John Holmes is an extremely intelligent and educated man.Is it just possible he's messing with you and others like you in that picture and now laughing his butt off at some of these comments since he's out of prison and actually somewhere that someone might let him see a computer?